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Ordinance 775 ORD I NAi leE j'IO. 775 Ai'l ORO/;IAilCE OF THE CITY OF GILROY AMEi-JDn!G CHAPTE~ 19 IISEHE~S Ai'!D S:::L'AGE D I SPOSAL1' OF THE GILROY CITY CODE DY ADDnlG A~TICU: VI THERETO PROVIDING FOR CHARGING AHD COLLECTlflG A SE\!AGE SERVICE AiJD USE CHARGE FROM THE USER OR o\.!HEn OF P~Et-lISES LOCATED HITHlil OR tJlTHOUT THE CITY OF GILROY Hill ell ARE NOhl OR I-lAY HEREAFTEr. BE CONNECTED TO OR '-lAY DISCHArtGE ANY SEHAGE li'lTO THE SANITARY SEHER SYSTEJ.i OF THE CITY OF GILROY, PROV I 0 1i'1G FOR THE COLLEC- T I Oil OF SA I D CHARGES AND FOR TI-IE DEPOS I T OF THE REVEnUES THEREFRON I i! A SPEC IAL FUl~D TO BE KNOH:J AS "SE~JER SYSTEN, TREATI-iENT, AI1D DISPOSAL PLAin FUND" ArlO OTHER\1ISE t-lAIUI'lG PROVISIONS RELATING TO THE Al'10UNT OF CHARGES AGAINST VARIOUS CLASSES OR PREMISES. THE COUl~CIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLO\.JS: Section I. Chapter 19 of the Gilroy City Code is hereby amended by adding thereto a new article hereby designated as Article VI to read as follows: ARTICLE VI. ESTABLISHING CHARGES AND COLLECTION THEREOF FROM USERS OR ~!NERS OF PREMISES CONNECTED TO THE SANITARY SEHER SYSTEM Sec. 19.71. Purpose of charges. The purpose of the provisions of this ordinance, and of the sewer service and use charges herein established, is to derive revenue which shall be used only for the acquisition. construction, reconstruction, maintenance and operation of the sanitary sewer system of the City of Gilroy, to repay principal and interest on any bonds which may hereafter be issued for the construction or reconstruction of sanitation or sewerage facilities, and to repay federal or state loans or advances, if any, which may hereafter be made to the City of Gilroy for the construction or recon- struction of sanitary or sewerage facilities; provided. however, that no such revenue shall be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, inter- ceptor and outfall sewers. Sec. 19.72. Premises defined. As used i nth is ord i nance, "prem i ses" means and i nc 1 udes a bu i 1 ding, structure or unit of real property, or portion thereof, situate either within or without the corporate limits of the City of Gilroy connected either directly or indirectly to the sanitary sewer system or any portion thereof of said City, or from which any sewage is discharged directly or indirectly into said sewer system. Sec. 19.73. Single-fami ly dwell ing uni t defined. As used in this ordinance, "single-family dwelling" means and includes a detached building of permanent character, permanently affixed to a parcel of land, designed or used for occupancy for residential purposes, by one fam i 1 y on 1 y. Sec. 19.7~. Duplex or two-family dwelling defined. As used in this ordinance, "duplex" or "two-fami ly dwell ing" means and includes a detached building of permanent character permanently affixed to a parcel of land, designed or used for occupancy for residential purposes by two families only living independently of each other and doing their own cooking in said building. Sec. 19.75. Nultiple-family swelling unit defined. As used in this ordinance. "multiple-family swelling unit" means and includes a building or portion thereof, of permanent character, permanently affixed to a parc~ of land, designed or used for occupancy for residential purposes by three or more families living independently of each other and doing their own cooking in said building, including but not limited to apartment house~, apartment hotels, group houses, etc. - 1 - 7 17 S-- Sec. 19.76. Trailer coach or mobile home park defined. As used in this ordinance, a "trailer coach or mobile home park" means and includes an area of land on which two or more occupied trailer coaches or mobile homes are harbored, either free of charge or for revenue, together with any building, structure or enclosure used as part of the equipment of such park. Sec. 19.77. Commercial or industrial premises defined. As used in th i s ord i nance, Ilconmerc i a 1 or indus tr i a 1 prem i sesll means and includes a unit of real property, or portion thereof, planned, designed or used and operated under one management for a commercial or industrial purpose. Sec. 19.78. Sewage defined. As used in this ordinance, "Sewage" means and includes sanitary sewage. Sec. 19.79. Charges, general for premises in the City of Gilroy. For the purposes herein specified, every person, firm, corporation, organization or association whose premises are located within the City of Gilroy and served by a connection with the sanitary sewer system of the City of Gilroy whereby sanitary sewage is disposed of by the said City, either through the facilities of the sewage treatment and sewage disposal works of the said City or otherwise, shall pay the following service and use charges. Sec. 19.80. Charge for single-family dwellings and churches. For each single-family dwelling unit and each church, the sewer service and use charge shall be One ($1.00) Dollar per calendar month. Sec. 19.81. Charge for schools and institutions. For each school and institution, a flat charge of Two ($2.00) Dollars per month is hereby made. Sec. 19.02. Char e for all other sewer users. All other sewer users shall pay one 1.00) Dollar for the first 10.000 gallons or less of water used each calendar month and ten ($.10) cents for each addi tional 1,000 gallons of water consumed each montl. in excess of the minimum 10,000 gallon charge. Except duplexes shall pay up to only a maximum charge of two (2) dollars during any calendar month. This charge shall apply to the following types of users and anyother users not specifically listed in the sections above. Multiple family dwellings, mobile homes or trailer parks, commercial and industrial pre- mises, rooming houses, lodging houses, boarding houses, dormitories, fra- ternity and sorority houses, motels, auto courts and hotels. Sec. 19.03. Exemption for non-sewer users. The above charges shall apply only to users connected into the City sewer system. The above charges shall not apply to premises using privately owned sewer or septic tank systems. Sec. 19.81}. Charges for non-water users. Any City sewer users not using City water shall be charged in accord with the above schedules of charges. Any such charges which are based upon water consumption shall be estimated by City Water Department employees using comparable users as a basis for such estimates. Sec. 19.85. Outside sewer user rates. Such sewer users whose premises are located outside the corporate limits of the City of Gilroy as may be permitted to connect their said premises to the Gilroy city sewer system shall be charged for and pay three (3) times the rates hereinBefore specified for their type or class of property as if it were located within the city limits of the City of Gilroy; no premises located outside the city limits of the City of Gilroy shall be connected to the Gilroy city sewer system without an agreement, approved by the City Council, with the City of Gilroy permitting the same. Sec. 19.06. Existing and future agreements with high volume sewer users. The City Council shall retain the right to maintain or to enter into negotiated "Se1rJCr Service Agreements" with high volume sewer users. For the purposes of this section, high volume sewer users are hereby defined as any users whose sanitary sewer output exceeds 500,000 gallons during any month of any fiscal year. - 2 - Sec. 19.87. Eft~ctive date of charges. The above-mentioned sewer service and use charges shall become effective on October 1, 196G, as to all premises then connected directly or indirectly to the sanitary sewer system or then discharging, directly or indirectly, any sewage into said system. With respect to premises thereafter connected directly or indirectly to said sewer system, or thereafter discharging dir- ectlyor indirectly any sewage into said sewer system, said charges shall be effective immediately on the date of such connection or discharge, which- ever is sooner. Sec. 19.88. Due date of charges. All sewer service and use charges shall be due and payable on the 1st day of the calendar month following the effective date of this ordinance. Sec. 19.89. Billin~. All charges for wewage service and use established by this ordinance shall be paid to and collected by the Director of Finance of the City of Gilroy. Said charges shall be billed upon the same bill used for the collection of charges for water furnished by the City of Gilroy to water customers and with said water charges shall be collected as one item, but a seperate account shall be kept in the office of the Director of Finance of the amounts for all charges made for sewage service and use and the amount collected therefor. If a bill for sewage service and use becomes delinquent, the Director of Finance may, at his discretion, notify the user by special delivery letter that if the bill is not paid within ten (10) days, sewer service shall be discontinued. On failure to comply with the rules and regulations established as a condition of the use of the sewage service, to pay the rates or any penalty imposed in the time and manner provided by this article, water may be shut off on any and all service where the delinquent user is being supplied with water until payment of the amount due is paid. Sec. 19.90. Persons Responsible for Payments. The owner of any premises is and shall be responsible for payment of any and all sewer service and use charges applicable to premises owned by him. It shall be and is hereby made the duty of each such owner to ascertain from the Director of Finance the amount and due date of any such charge applicable to premises owned by him and to pay such charge when due and payable. It also shall be and is hereby made the duty of all owners of all premises to inform the Director of Finance immediately of all circum- stances, and of any change or changes in any circumstances, which will in any way affect the applicability of any charge to premises owned by him or the amount of any such charge. In particular, but not by way of limitation, an owner of any premises shall immediately inform the Director of Finance of any sale or transfer of such premises by or to such owner. Sec. 19.91. Penalty for Delinquency. Whenever any sewer service and use charge shall become delinquent, there shall be imposed a penalty equal to ten (10%) percent of the amount of the delinquent payment, plus one-half of one percent (1/2 of 1%) per month, interest, on the amount of the charge (excluding the penalty) for each full month of delinquency. Sec. 19.92. Sewer Service and Use Charge a Lien. Each charge levied, assessed or imposed by or pursuant to this ordinance is hereby made a lien upon the premises on which the charge is imposed. Sec. 19.93. Enforcement. In the event of the failure of any owner to pay when due any sewer service and use charges applicable to premises owned by him, the City may enforce payment of such delinquent charges in any of the following manners: (a). The City Administrator may have such premises disconnected from the sanitary sewer system. In the event such disconnection should create a public hazard or nuisance, the City Administrator or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse theCity for all expenses incurred by the City in disconnecting any such premises, or in doing other things authorized by this ordinance, and no reconnection shall be made until all such charges are paid. (b). The City of Gilroy may institute action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the City may be collected; and in such action, the Court may allow a reasonable attorney fee to the City for brining the action, to be included in and as a part of any judgment granted therein. -3- (c) Such other action may be taken as may be authorized by law and by the City Council. Sec. 19.54. Exceptions. All premises in the City which are situate within and are under the jurisdiction of any county sanitation district or sanitary district and which are required to pay sewer service. use, rental or other charges. rentals or fees for sewer services and facilities furnished by such dis- trict are hereby excepted from the provisions of this part until such time as such premises are withdrawn from such district. Sec. 19.95. Special Fund; Restricted Use of Revenues. All revenues collected pursuant to the provisions of this ordinance shall be placed into a special fund which is hereby created for such pur- pose and which shall be known as the "Sewer System. Treatment andDisposal Plant Fun~'. Such revenues may be used for the purposes specified in Section 19.71. and for no other purpose. Sec. 19.96. Severability. If any section. subsection. sentence, clause or phrase of 1h is ordinance is for any reason held to be invalid. unconstitutional or unenforceable. such decision shall not affect the validity of the remaining portions of this Part. The Council of the City of Gilroy hereby declares that it would have passed the provisions of this part, and each section, subsection, sentence. clause and phrase thereof, irrespective of the fact that any one or more sections, sentences. clauses or phrases be declared invalid. unconstitutional or unenforceable. Section II. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section III. This ordinance shall take effect and be in full force according to its provisions thirty (30) days from and after its passage and approval. The foregoing ordinance was introduced at a regular meeting of the Council of the City of Gilroy held on the 18th day of July , 1966, and ordered published by title and summary in accordance with the Charter of 1he City of G i 1 roy. Passed and Adopted this 1 s t day of August . 1966, by the following vote: AYES: COUNCILHEr1BERS :Allemand,Duffin.Eckard,Wentworth, and Petersen. NOES: COUNC I U1Ef.13ERS : None ABSENT: COUNCILf.1ENOERS :Goodrich and Quartiroli APPROVED: . ,;..:>? /~ ~ J/~:'--~~ - 4 - III .' ... I , SUSANNE E. PAYNE ,City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No . 775 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1 s t , 19~, at which meeting Augus t day of a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City o~, Gilroy, t;5'" day of (:2)21:J~/)~1:'U? / ~ (1.LJ ,r City C Jerk of the C i ty__e f G 11 roy August , 19 66.