HomeMy WebLinkAboutOrd 2004-2966
ORDINANCE NO. 2966
ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING THE CHULA VISTA MUNICIPAL
CODE SECTION 13.14.140 RELATING TO THE SEWER
SERVICE CHARGE VARIANCES BY ADDING AN APPEAL
PROCESS FOR RESIDENTIAL CUSTOMERS
WHEREAS, sewer service charges pay for the operation and maintenance of the sewer
system and other incidental related expenditures; and
WHEREAS, sewer service charges are consumption-based and calculated by measuring
winter water usage; and
WHEREAS, sometimes certain activIties by property owners or occupants cause a
substantial discrepancy between the property owner or occupant's sewer service charge and their
sewer system usage; and
WHEREAS, an appeal process to deal with such discrepancies already exists for
nomesidential customers; and
WHEREAS, this ordinance will establish an appeal process for residential users with a
separate water meter, who feel their consumption is not reflective of their discharges into the
sewer system.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain:
SECTION 1. That Section 13.14.130 of the Chula Vista Municipal Code is amended to read as
follows:
13.14.130
Sewer service charge variances permitted when - Application - Contents - Fees.
A. The city manager shall have the power to establish rules and regulations for the granting
of variances from the established sewer service charges. The city manager or his/her
designee shall have the power to grant variances from established sewer service charge
billing categories upon receipt of a variance application as hereinafter provided from the
owner or occupant of any premises, and one or more of the following situations exist:
1. Where a nomesidential user's wastewater contains a total suspended solids
concentration sufficiently low as to qualify for a different sewer service charge
strength category.
2. Where a substantial portion of the premises of an industrial or commercial
establishment is used for industrial, commercial, recreational, horticultural or
agricultural purposes of such a nature that the water supplied to such premises is
not substantially discharged into the sewer system.
Ordinance No. 2966
Page 2
3. Where a residential user (with a separate water meter) has sufficient evidence to
prove that his or her average winter consumption (usage from November 1st
through April 30th), which forms the basis of their monthly sewer service charge,
does not substantially correlate to the amount of sewage discharged into the sewer
collection system.
B. The owner or occupant of any premises subject to the sewer service charge may apply in
writing to the city manager for a reclassification of such premises (variance) under the
provisions of subsections (A)(l) or (A)(2) or (A)(3) of this section; provided, however,
that no rebate upon such reclassification shall be allowed for a period more than 90 days
preceding the filing of such application. The city manager or his/her designee shall
render a decision as soon as practical, but not longer than sixty days after receipt of the
request for a variance. The applicant shall bear the burden of proof and furnish
substantial engineering and factual data to support the applicant's contention, by clear
and convincing evidence, that the premises should be reclassified as provided in this
section.
C. The owner or occupant of any premises requesting a variance from the sewer service
charges pursuant to the provisions of this section shall pay the required fee( s) to cover the
cost of investigation of said request (if any); provided, however, that no fee shall be
charged for a request for total exemption from the sewer service charge. In addition, a
special handling charge to cover the cost of billing and inspections to be paid per billing
may be established by resolution of the city council.
SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day ITom and
after its adoption.
Presented by
Approved as to form by
C"'- 11~
Ann Moore
City Attorney
Ordinance No. 2966
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 15th day of June, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
(;J~
C. Padilla, Mayor
ATTEST:
-~ I J It Lr~~ d r,
Susan Bigelow, MMC, City Cler
J
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2966 had its first reading at a regular meeting held on the 8th day of June, 2004
and its second reading and adoption at a regular meeting of said City Council held on the 15th
day of June, 2004.
Executed this 15th day of June, 2004.
- ~ :q , .t lL- T3.'6'-()-~
Susan Bigelow, MMC, City Clerk