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HomeMy WebLinkAboutOrd 1993-2547 ORDINANCE NO. 2547 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 3.44.021, 9.12.160, 9.12.280, 9.13.050, 13.14.090, 13.14.100, 13.14.110, 13.14,120, AND 13.14.150 OF THE MUNICIPAL CODE AND ADDING NEW SECTIONS 5.36.035 AND 15.36.015 OF THE MUNICIPAL CODE RELATING TO FEES AND SERVICE CHARGES The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 3.44.021 of the Chula Vista Municipal Code is amended to read as follows: Sec 3.44.021 Exemptions-Senior citizens. A. The tax imposed by this chapter shall not apply to any individual sixty-two years of age or older who uses telephone, electric and gas in or upon any premises occupied by such individual; provided the combined gross income of all members of the household in which such individual resided was less than fifty percent (504) of the median family income for the given household size for the calendar year prior to the fiscal year {July 1 through June 30) for which the exemption provided in this chapter is applied. Said income statistics shall be as determined annually for San Diego Metropolitan Statistical Area by the federal Department of Housing and Urban Development {HUD}. The exemption granted by this section shall not eliminate the duty of the service suppliers from collecting taxes from such exempt individuals or the duty of such exempt individuals from paying such taxes to the service suppliers unless an exemption is applied for by the service user and granted in accordance with the provisions of subsection B of this section. B. Any service user exempt from the taxes imposed by this chapter because of the provisions of subsection A may file an application with the director of finance for an exemption. Such an application shall be made upon forms supplied by the director of finance and shall recite facts verified by declaration under penalty of perjury which qualify the applicant for an exemption. The director of finance shall review all such applications and certify as exempt those applicants determined to qualify therefor and shall notify all service suppliers affected that such exemption has been approved, stating the name of the applicant, the address to which such exempt service is being supplied, the account number, if Ordinance No. 2547 Page 2 any, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. The certification of such application for exemption shall be granted if the eligibility requirements of subsection A are met, except that no exemption shall be granted to an applicant who is receiving service from a service supplier through a master meter, or who is sharing or prorating service with other service users even though such service users qualify under the provisions of subsection A; provided, however, that the person receiving service through a master meter or sharing or prorating service with other service users shall be eligible for a rebate of the utility users' tax in the amount of twelve dollars per year, or any larger amount upon a showing of actual billing from the person having control of said master meter, to be paid at the beginning of each fiscal year for the preceding fiscal year, commencing on July 1, 1977. Such person seeking said rebate must file the application therefor on or before September 1st of each year to receive said rebate for the preceding fiscal year. It is further provided that said rebate may be prorated if the applicant has not resided in the same location for the full preceding fiscal year. No exemption shall be granted with respect to any tax imposed by this chapter which is or has been paid by a public agency or where the applicant receives funds from a public agency specifically for the payment of such tax. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further tax imposed by this chapter from such exempt service user until further notice by the director of finance is given. The service supplier shall eliminate such exempt service user from its tax billing procedure for bills dated on or after July 1, 1976, upon receipt of such notice from the director of finance prior to July 1, 1976, and thereafter from bills dated no later than sixty days after receipt of such notice from the director of finance. All exemptions shall continue and be renewed automatically by the director of finance so long as the prerequisite facts supporting the initial qualification for exemption continue; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt individual; and further provided, that such individual may nevertheless apply for a new exemption with each change of address or residence. Any individual exempt from the tax shall notify the director of finance within Ordinance No. 2547 Page 3 ten days of any change in fact or circumstance which might disqualify said individual from receiving such exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases to exist. Notwithstanding any of the provisions of this subsection, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of any exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall immediately notify the director of finance of such fact, and the director of finance shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with and, where appropriate, order the service supplier to commence collecting the tax from the nonexempt service user. SECTION II: That Section 5.36.035 be added to the Municipal Code to read as follows: Sec 5.36.035 Holistic Health Practitioner-Refundable Fee For the purposes of processing and investigation, holistic health practitioners shall pay the Required Fee(s). Said fees shall be refundable upon issuance of a business license. SECTION III: That Section 9.12.160 of the Chula Vista Municipal Code be amended as follows: Sec 9.12.160 Bingo-Term of license and fees. A. The term of a bingo license is one year and may be renewed for a period of one year upon application therefor. B. For a new license application or for each change in the bingo chairpersons who will manage the bingo game, there shall be a fee for investigation and for processing the applicant's fingerprints. The Required Fee(s) shall accompany the submission of each application. In the event an application is denied, fifty percent of the fee shall be refunded. C. A tax, not to exceed one percent of the monthly gross receipts over five thousand dollars derived from bingo games shall be collected monthly by the city. Ordinance No. 2547 Page 4 SECTION IV: That Section 9.12.280 of the Chula Vista Municipal Code is amended to read as follows: Sec 9.12.280 Casino Parties-Application, Fee. An application for a casino party shall be made to the Chief of Police on forms prescribed by the Chief of Police not less than fifteen (15) days prior to the proposed date of the party. The application shall be accompanied by the Required Fee(s). The application for a casino party shall contain at a minimum the following: A. A list of all volunteers who will operate the casino games or devices, including full names of each volunteer, date of birth, place of birth, physical description, home address and home telephone number. B. Name and address of company or individual that will be furnishing casino equipment or devices. C.The date, hours of the date, and place of the proposed casino party. D. Casino Manager. Concurrently with the filing of an _ application for a casino party license, each applicant shall file a statement specifying the name and address of two persons who shall manage, supervise and be responsible for the conduct of the casino party. The casino managers shall be present on the premises at all times during which a casino party is being conducted. SECTION V: That Section 9.13.050 of the Chula Vista Municipal Code is amended to read as follows: Sec 9.13.050 Application and deposit for license. The applicant for any license or licenses in this chapter shall pay the Required Fee(s). If the license is issued, said fees shall be refundable. SECTION VI: That Section 13.14.090 of the Chula Vista Municipal Code is amended to read as follows: Sec 13.14.090 Sewer Capacity Charge. The owner or person making application for a permit to develop or modify use of any residential, commercial, industrial or other property which is projected by the Director to increase -- the volume of flow in the City sewer system by at least one-half of one equivalent dwelling unit of flow shall pay a Ordinance No. 2547 Page 5 Sewer Capacity Charge. All revenue derived from such fees shall be deposited in the Trunk Sewer Capital Reserve Fund. The amount of such charge shall be the Required Fee{s). SECTION VII: That Section 13.14.100 of the Chula Vista Municipal Code is amended to read as follows: Sec 13.14.100 Sewage Pump Station Charge - Disposition of Revenue - Determination of Charges. A. The owner or occupant of any parcel of real property connected to a sewage pump station which is a part of the wastewater system of the City and situated within a Special Sewer Service Rate Area established by the City Council shall pay an annual Sewage Pump Station Charge in the amount set forth in the ordinance establishing such Area, or as amended by the City Council annually by ordinance, as designated for administrative convenience only in the Master Fee Schedule. The annual charge shall be pro-rated for new or restored service, and shall be calculated and assessed pursuant to this subdivision and subdivision C hereof and collected in accordance with Section 13.14.150. B. All revenue derived from sewage pump station charges shall be deposited into a separate fund or account deemed appropriate by the Director of Finance. C. Sewage pump station charges shall be based upon full cost recovery of all city expenses, including, but not limited to, labor, materials, equipment, power and water costs, emergency alarms, and overhead costs experienced by the City relative to each sewage pump station, including provision of a reserve {for cash flow and a reasonable buffer against large variations in annual assessments), not less than 25 percent nor more than 50 percent of the estimated costs for maintenance and operation for the ensuing year. Any deficit or excess resulting from a difference between the estimated costs and actual costs shall be corrected by adjustments to the rates charged to the Property owners during the succeeding year. After the reserve reaches at least 25 percent, but not more than 50 percent, it shall be maintained to provide necessary cash flow for operations and a reasonable buffer against large variations in annual assessments. Every year, commencing immediately following placement of said sewage pump station into service and acceptance by City of responsibility for its maintenance and operation, the Director of Public Works shall determine the estimated costs for maintenance and operation of said pump station for the current fiscal Ordinance No. 2547 Page 6 year, including the 25 to 504 reserve, (Required Funds), and shall determine the actual funds on deposit with the City, whether remaining from prior year operations or from Developer, estimated to be available as of June 30 (Actual Funds), The annual Sewage Pump Station Charge shall be determined by the following formula: (Required Funds minus Actual Funds) divided by the number of customers connected to the sewage pump station on said June 30. For temporary sewage pump stations, the actual cost of bypassing and removing from the station, and reconnecting the served Subdivision to the adjacent permanent gravity system shall be paid from the proceeds of said Charge {and Developer funds available, if any}. However, the Charge for the last full year shall not increase above the amount charged the year preceding the last year. If additional funds are required to pay such transition costs, annual Charges shall continue to be assessed until such costs are completely paid. Upon that event, the Special Sewer Service Rate Area shall be dissolved. The Director shall file a report with the City Clerk annually setting forth the description of each property affected and the amount of the proposed Charge. D. The charge shall be collected in monthly or bi-monthly installments with the water bill, annually on the tax bill, or otherwise as the City determines. Such annual charges are subject to interest, late payment penalties, and other charges as set forth in Section 13.14.150. E. The charge, together with interest costs, late charges and reasonable attorney's fees shall be a charge and a continuing lien on the property served, recordable and foreclosable in the same manner as a mortgage or by sale pursuant to Civil Code Sections 1367 and 2924, and enforceable in the same manner as any delinquent tax, if collected on the tax bill. F. It is a purpose and intent of this section to apply the procedures herein to the existing special sewer service rate areas or zones, to the end that all such areas or zones, present or future, shall be established, have annual charges assessed, collected, and enforced upon default in the same manner. All previous agreements and ordinances relating to special sewer service rate areas or zones are hereby amended to be in conformity with these provisions. This section is enacted pursuant to an exercise by the City Council of its police powers as a Charter city, and pursuant to Health and Safety Code Section 5471, Government Code Sections 54300 et seq., or any other applicable state law. All new special sewer service rate areas or zones hereafter created shall be Ordinance No. 2547 Page 7 created by an ordinance substantially in accordance with and pursuant to the model ordinance containing the requirements of this section prepared by the City Attorney and approved by City Council. SECTION VIII: That Section 13.14.110 of the Chula Vista Municipal Code is amended to read as follows: Sec 13.14.110 Sewer Service Charges Designated - Payment Required - Domestic Purposes - Defined. A. Amount. In addition to other fees, assessments or charges provided by the City Code or otherwise, the owner or occupant of any parcel of real property which said parcel is connected to the sewer system of the City and to a water system maintained by the Sweetwater Authority, the Otay Water District or the California - American Water Company shall pay the Required Fee{s} for a Sewer Service Charge. The City Council shall establish said charge by resolution; or by ordinance if to be collected on the tax bill. B. Report. Every year the Director of Public Works shall determine the sewer service charge for the current fiscal year in accordance with paragraph A, above. The Director shall file a report with the City Clerk annually prior to August 10, setting forth the description of each property affected and the amount of the proposed Charge. C. Assessment and Collection. The charge shall be pro- rated for new or restored service, and shall be calculated and assessed pursuant to subdivision A hereof and collected in accordance with Section 13.14.150. D. All revenue derived from such charges shall be deposited into the Sewer Service Revenue Fund. E. For the purpose of this section, real property shall be deemed to be used for domestic purposes when such property is used solely for single-family residences or the furnishing of lodging by the operation of hotels, auto courts, apartment houses, bungalow courts, housing units, rooming houses, motels, trailer parks, or the rental of property for lodging purposes. SECTION IX: That Section 13.14.120 of the Chula Vista Municipal Code is amended to read as follows: Ordinance No. 2547 Page 8 Sec 13.14.120 Reduced Sewer Service Charges Permitted When-Application-Contents-Refunds-Fees. A. The Director of Finance shall have the authority to certify eligibility for a reduced sewer service charge, in the amount of seventy percent (704) of the rate charged other residential users, upon investigation, or upon application by the occupant of a single family residence, apartment, condominium or mobilehome when the occupant: 1. Meets the low income eligibility criteria as presently designated in the Master Fee Schedule, or as may in the future from time to time be amended by city council resolution amending the Master Fee Schedule, or 2. Provides proof of payment of a monthly sewer charge greater than the Required Fee(s) for minimum sewer service charge. B. The occupant of premises subject to a sewer charge may request a reduced sewer service charge by filing a completed City application form. The applicant shall _ furnish data regarding the type of unit, number of people in the household and proof of total annual income (gross) of the household. Application forms may be obtained from the City's Finance Department. Certification of eligibility shall be annually established with the Director of Finance. C. Eligible occupants of single family homes subject to the sewer service charge shall have the option of either requesting an annual refund from the City or requesting the reduced sewer charge be applied on the sewer billing. D. Residents of apartments, condominiums or mobilehomes who are eligible for the reduced sewer service charge shall receive the reduced sewer charge as an annual refund only. E. Requests for annual refunds shall be made by eligible households between August 1 and September 30 of each year for the past fiscal year beginning in July and ending in June. The applicant will be notified of eligibility status within thirty (30) days of application and, if eligible, a refund shall be forwarded within ninety (90) days of application. SECTION X: That Section 13.14.150 of the Chula Vista Municipal Code is Ordinance No. 2547 Page 9 amended to read as follows: Sec 13.14.150 Payment of Sewer Service and Pump Station Charges Penalty for Delinquency - Discontinuance of Service - When - Unlawful Connection - Backbilling and Penalty. A. Billing and Payment. All sewer service and pump station operation and maintenance charges shall be billed upon a monthly or bi-monthly basis, or on the Tax Bill, as determined by the City Council, and shall be payable upon the billing of such charges to the owner or the occupant. B. 1. Director's Report. Annually, not later than August 10, the City Clerk shall set the Report of the Director of Public Works filed pursuant to Section 13.14.100 and/or 13.14.110 for public hearing before the City Council and duly cause Notice thereof and of the filing of said report to be published once at least ten days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. 2. Notice to Property Owner. When the Director of Public Works requests that such charges be collected on the Tax Bill for the first time, the City Clerk shall, in addition to the notice required by subsection B.i., cause to be mailed to each person assessed for each property described in the report, at the address shown on the last available assessment roll, Notice of the filing of the report and of the date, time, and place of the public hearing thereon. If such charges are collected on the Tax Bill pursuant to such Notice, annually thereafter such notice need not be given but only the notice by publication required by subsection B.1. C. Council Action. The City Council shall conduct a public hearing to consider the amount of such charges, and whether they shall be collected on the Tax Bill. The first year said charges are proposed to be placed on the Tax Bill, such action is subject to a majority protest. 1. If a majority of the owners of affected properties protest placement on the Tax Bill, the charges shall not be so collected, but shall be established by City Council Resolution and collected pursuant to subsection D hereof. 2. If there is no majority protest and the City Ordinance No. 2547 Page 10 Council determines to place the charges, or some of them, on the Tax Bill, for those to be collected on the Tax Bill the City Council shall by ordinance approve the report of the Director of Public Works, along with any corrections thereto and establish the amounts of the sewage pump station charges and/or such sewer service charges to be placed on the Tax Bill. The City Clerk shall endorse thereon that it is the report finally approved by the City Council, and forward the appropriate data forthwith to the County Auditor for enrollment on the Assessment Roll, and ultimate collection by the Tax Collector on the Tax Roll in accordance with Health and Safety Code Section 5473 et seq.. Pursuant to Health and Safety Code Section 5473.8, all laws applicable to the levy, collection and enforcement of real property taxes including, but not limited to, delinquency, correction, cancellation, refund and redemption, are applicable to such charges. a. Pursuant to Health and Safety Code Sections 5471 and 5473.10, the City Council shall _ establish by ordinance the charges as those set forth in said report (along with any corrections} and hereby establishes the basic penalty for delinquency in the amount of 104 of the delinquent amount, plus one and one half {1-1/2} percent per month for nonpayment of the charge and basic penalty {designated for administrative convenience only in the Master Fee Schedule), which shall also be collected by the Tax Collector on behalf of City. b. The Director of Finance shall give Notice to the owner of any parcel when any such charges become delinquent for 60 days, and of any penalties and interest thereon as provided herein, and that they shall constitute a lien with the force, effect and priority of a judgment lien against the lot or parcel against which it was imposed, good for three years from recordation, if recorded. The Director of Finance shall record with the County Recorder, pursuant to Health and Safety Code Section 5473.11, a certificate specifying the amount of the unpaid charges and penalties and interest - thereon, when any such charges become delinquent for 60 days. Ordinance No. 2547 Page 11 D. Non-Tax Bill. Alternatively, the charge and the billing therefor may be combined with other utility bills and separately designated, or otherwise billed and collected, as determined by the City Council. Said charge, together with penalties and interest, and reasonable attorneys' fees {hereafter collectively referred to as Charge}, shall be a charge on the property served and shall be a continuing lien upon the property served, the lien to become effective upon recordation of a Notice of Delinquent Sewer Service {and/or Sewage Pump Station} Charge. Each such Charge also shall be the personal obligation of the person who was the owner of such property served at the time when the Charge was levied. The personal obligation for Delinquent Sewer Service {and/or Sewage Pump Station} Charges shall not pass to an owner's successors in title as their personal obligation unless expressly assumed by them. Any Charge imposed in accordance with this ordinance shall be a debt of the owner of property served from the time the Charge is levied. At any time after any charges have become delinquent, the City Engineer may file for record in the office of the San Diego County Recorder, a Notice of Delinquent Sewer Service (and/or Sewage Pump Station) Charge as to such property served, which notice shall state all amounts which have become delinquent with respect to such property served and the costs {including attorneys fees), late penalties and interest which have accrued thereon, and the amount of any charges relating to such property served which is due and payable although not delinquent. The notice also shall contain a description of the property served with the name of the record or reputed record owner of such property, and the name and address of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as provided below. Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be and become a lien upon the property served described therein, which lien also shall secure all costs {including attorneys' fees}, late penalties and interest accruing thereon. In the event the delinquent charge and all other charges which have become due and payable with respect to the same property, together with all costs (including attorneys' fees), late charges and interest which have accrued on such amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the Ordinance No. 2547 Page 12 City Engineer shall record a further notice, similarly signed, stating the satisfaction and release of such lien. Each lien may be foreclosed as and in the same manner as the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to Sections 2924, 2924(b), 2924(c) and 1367 of the California Civil Code, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the City and its trustee designated in the Notice of Delinquent Charge, or a trustee substituted pursuant to California Civil Code Section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid charges, costs, late penalties and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. In any action by the City to collect delinquent charges, accompanying late charges or interest, the prevailing party shall be entitled to recovery of its costs and reasonable attorneys' fees. E. Penalty for Delinquency. If the sewer service and/or pump station charge is not paid before the close of business or postmarked before midnight of the final date for payment as shown on the billing, a basic penalty of ten (10) percent of the charge(s) shall be added thereto, plus one and one half (1-1/2) percent per month for nonpayment of the charge and basic penalty (designated for administrative convenience only in the Master Fee Schedule); provided, however, that when the final day for payment falls on Saturday, Sunday or a legal holiday, payment may be made without penalty on the next regular business day. F. Service Discontinuance. In the event the owner or occupant of any premises shall be delinquent in payment of the sewer service and/or pump station charge and such delinquency continues for a period of five days after the final date for payment of such charge, the city shall have the right, forthwith and without notice, to discontinue sewer and/or pump station service to such delinquent owner or occupant, and sewer and/or pump station service shall not again be supplied to such person until all delinquent sewer service and/or pump station charges plus the penalties thereon as herein provided have been paid. The sewer service and/or pump station charges may be collected by suit in any court of - competent jurisdiction or any other manner. Ordinance No. 2547 Page 13 G. Unlawful Connection. In the event that any parcel or building is determined by the Director to have been unlawfully connected to the public wastewater system, the City shall have the right to terminate sewer and/or pump station service to such parcel or building as provided in section 13.06.110. Sewer and/or pump station service shall not again be supplied to such parcel or building until all delinquent sewer service and/or pump station charges which have been accumulated during the current ownership of the parcel or building, plus a basic penalty of 104 of the delinquent sewer service and/or pump station charge plus one and one half {1-1/2) percent per month for non-payment of the charge and the basic penalty {designated for administrative convenience only in the Master Fee Schedule), has been paid. SECTION XI: That Section 15.36.015 be added to the Municipal Code to read as follows: Sec 15.36.015 Application for Permits. Section 4.103 of Article 4 of the Uniform Fire Code as it applies in the City of Chula Vista is hereby amended to read as follows: Applications for permits shall be made to the fire prevention division in such form and detail as prescribed by the division. Application for permits shall be accompanied by such plans as required by the division and by the Required Fee(s). SECTION XII: Effective Date. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Ordinance No. 2547 Page 14 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of April, 1993, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Nader NOES: Councilmembers: Rindone ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: 'Beverly. A. ~uthelet, Ci y Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2547 had its first reading on March 23, lgg3, and its second reading and adoption at a regular meeting of said City Council held on the 13th day of April, 1993. Executed this 13th day of April, lgg3. Beverly ~. Authelet, City Clerk