§ 51.20 SEWER RATES AND FEES.
   (A)   Monthly sewer rates. The city shall assess a monthly rate for properties connected to the sewer system.
      (1)   Equivalent residence. One EQUIVALENT RESIDENCE, hereinafter referred to as ER, shall be defined as the sewage flow from one typical single-family residence. The sewage flow from one typical single-family residence is 18 cubic feet (CF) of sewage per day, 0.2 pounds of biochemical oxygen demand (BOD) per day, and 0.2 pounds of suspended solids (SS) per day, based on average residential water usage.
      (2)   Measuring; sampling. The city may install a measuring device in the sewer service line at any time to determine the amount of wastewater and/or collect wastewater samples for testing. After measuring and/or sampling, the city may adjust the user charge to conform to actual usage.
      (3)   Minimum charge. Each sewer user billed separately shall pay a minimum charge per month, regardless of actual flow. The minimum charge shall be one ER as calculated in this section.
      (4)   Nonresidential users; fees. Commercial and industrial connections shall pay sewer usage fees as determined by the formula: ER = (annual residential water usage in cubic feet)/12 months/548 CF. A commercial customer may have his or her ERs reviewed once annually if requested prior to January 1 of the year in which the assessment will apply.
      (5)   Appeal of ERs. A commercial customer may appeal the number of ERs to the city by filing written notice with the City Clerk outlining the reason for the customer’s appeal. The City Clerk will deliver the protest to a Review Board, which will consist of two City Council members appointed by the Mayor. If the customer is unable to reach an agreement with the Review Board (two appointed City Council members), he or she may appeal to the City Council at the next regular City Council meeting. The Review Board and the City Council shall make their decision of the appeal solely based on the ERs. Any appeals are due by November 1 of the year proceeding the next billing cycle.
      (6)   Rates set by City Council. The monthly rates assessed to properties shall be set by the City Council through the passage of a resolution by law. A disconnected or unoccupied property may still be assessed a fee as established by resolution of the City Council.
   (B)   New user facility fee (NUFF).
      (1)   Connection. The owners of property connecting to the city sewer system, directly or by connecting to a private system that connects to the city sewer system, shall be subject to a new user facility fee which includes inspection costs.
      (2)   Payment. The NUFF shall be paid in advance or at the time the building permit is issued.
         (a)   The new user facility fee (NUFF) and service connection fee for new or modified connections to the city sewer system shall be equal to the number of ERs times the NUFF and the sewer permit fee for a single-family residence. In no case shall the NUFF and permit fee be less than that for one single-family residence (one ER). The fee for a single-family residence (one ER) shall be the sum of a NUFF, a permit fee, and the inspection fee described as follows.
         (b)   The new user facility fee and service connection fee shall be set by resolution adopted by the City Council.
         (c)   In instances where an improvement on a property has previously been connected to the sewer system and complied with the connection fee(s) in force at the time of connection, the fees listed above in this division (B) do not apply. If, however, the connection involves an increase in the number of ERs or an increase in demand on the system, then the connection is subject to these fees for the increase only.
         (d)   A permit and inspection fee shall be set by the City Council and shall be paid to the city at the time the application is filed. The applicant, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity.
         (e)   A NUFF does not include the cost to install a lateral service line from the structure to the main. (The cost to install a new lateral service shall be borne entirely by the property owner.) All new user facility fees shall be paid in an amount as set by the City Council.
         (f)   An owner may apply for a waiver of the NUFF where he or she can establish, through sufficient verifiable documentation, that the property previously had a connection.
   (C)   Sewer fee use. All sewer fees collected, including sewer capitalization rates, monthly sewer rates, connection fees, and reconnection fees, shall be used by the city for the sole purpose of improving and maintaining the city sewer system.
   (D)   Other fees and charges. The city hereby establishes other fees and charges, including, but not limited to, permit, review, and inspection fees, periodic service charges and other fees for the use, and for service rendered by the city.
      (1)   Levy of lots. The rates, charges, and fees provided by this subchapter are hereby levied and assessed against each lot, parcel of land, building, or property having any connection with the sanitary sewer of the city or otherwise discharging sanitary sewage, industrial wastewater, or other liquids directly into the sanitary sewer of the city.
      (2)   Payment by each owner. The rates, charges, and fees shall be billed to and paid by the owner of each lot, parcel of land, building, or property served by the sewer system.
(Prior Code, § 10-4-1) (Ord. 2018-06, passed 12-12-2018)