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HomeMy WebLinkAboutOrdinance #741 r ORDINANCE No. 74'1 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO CHANTER 36 ENTITLED "HUNTINGTON BEACH SANITATION DEPARTMENT': . The City Council of the City of Huntington Beach does ordain as follows: Section 1. There is hereby added to the Huntington Beach Ordinance Code , Chapter 36, which Chapter shall read in words and figures as follows: CHAPTER 36 HUNTINGTON BEACH SANITATION DEPARTMENT Section 2. That Chapter 36 shall be composed of, four Articles, which Articles shall read in words and figures as follows: ARTICLE 361. CREATION OF HUNTINGTON BEACH SANITATION DEPARTMENT. ARTICLE 362. SEWER. CONNECTIONS. ARTICLE 363. FEES AND DEPOSITS. ARTICLE 364. EXTENSION OF SEWER MAINS Section 3, That the Huntington Beach - Ordinance Code be , and the same is hereby amended by adding the following sections to Article 361 of Chapter 36 of said Code, which new sections shall read in words and figures as follows: 1. Ord. No. 741 ARTICLE 361 CREATION OF HUNT INGT ON .BEACH SANITATION DEPARTMENT Section 3610, Sanitation Department Created. There is hereby created a Sanitation Department for the City of Hunt- ington Beach which shall embrace and include all. property of every character used in or incident to the collection, convey- ance , storage , treatment and disposal of sewage in the City together with all other property that ,may from time to time hereafter be added to it for such purposes. Section �611-. Sanitation Sui:)erintendent. Creation of: The office of Sanitation Superintendent of the Huntington Beach Sanitation Department is hereby created and the City Council shall appoint such Sanitation Superintendent who shall hold office during the pleasure of the Council and shall receive such compensation for his services as the Counc- il shall direct. Section 1611.1. Acting Sanitation Superintendent . The City Engineer of the City of Huntington Beach shall be the Acting Sanitation Superintendent of the Huntington Beach San- itation Department until such time as the City Council shall appoint a Sanitation Superintendent. The City Engineer shall receive no additional compensation for the services rendered as Acting Sanitation Superintendent , unless directed by the City Council. 2. Ord. No. 741 y Section 3612. Sanitation Superintendent. Duties of: The Superintendent of the Sanitation Department of the City of Huntington Bcach shall be responsible for the operation of said Sanitation Department and the performance of the duties, obligations and requirements as set forth in Chapter 36 of the Huntington Beach Ordinance Code and shall perform such other duties as may be designated from time to time by the City Council. Section That the Huntington Beach Ordinance Code be, and the same is hereby amended by adding the following sections to Article 362 of Chapter 36 of said Code , which new sections shall read in words and figures as follows: ARTICLE 362 SEWER CONNECTIONS Section 3620. Application Form. Before a connection may be made to the City sewer system for any person or for any premises , such person or occupant of such premises shall make written application for such services upon a form provided by the City Sanitation Department. Performance of this work is subject to the conditions of Section 7209, Huntington Beach Ordinance Code. Section 3621. Interfering with Pipes. No person shall, without the permission of the Sanitation Superintendent, or 3. Ord. No. 741 his duly appointed agents or 'employees, remove , change, dis- turb , or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used or main- tained for the reception, conveyance , treatment, storage or disposal of sewage by the City; . nor shall any person without the permission of the Sanitation Superintendent install any pipe , apparatus , appliance or connection to any part of the system of sewer works in the City. Section 3622. Inspection of Connections. Any connect- ion to the city sewer system shall be inspected by the San- itation Superintendent . Inspections shall be called for at the time of entering the sewer and when work is completed within the public right of way. No backfill may be placed prior to inspection and approval of the connection. Section 5. That the Huntington Beach Ordinance Code be , and the same is hereby amended by adding the following sections to Article 363 of Chapter 36 of said Code, which new. sections shall read in words and figures as follows: ARTICLE 36� FEES AND DEPOSITS Section 3630. Connection Fee. The Sanitation Depart- ment as a condition to granting the application for .sewer connections , is authorized to charge and shall collect in advance those sums which shall be established by the City Ord. No. 7411 Council for the purpose of reimbursing the City for the cost of the system and future replacements and extensions thereof. Section 3631. Service Fee. The Sanitation Department as a condition to granting the application and furnishing sewer service to the premises , is authorized to chaxger,and shall collect in advance the following sums for the purpose of reimbursing the City for the cost of the system and future .replacements and extensions thereof. (a) The sum of Ninety and No/100 ($90.00) Dollars for parcels containing less than ten-thousand (10,000) square feet in area. (b) For any parcel containing ten-thousand (10,000) square feet of area or more, Three Hundred and No/100 ($300.00) Dollars per acre for each acre or fraction thereof. (c) The service fee for lands owned by public agencies may be waived by the City Council, on condition that in the event any such lands are later transferred for private use , the service fee shall be payable before sewer service will be furnished for such private use. Section 3632. Users Responsibility. The City shall in no way whatsoever be responsible for any damage to person or property because of any leakage , breakage , or seepage from or accident or damage to any sewer pipe or its appurtenances situated within any private premises, nor shall said City be Ord. No. 741 responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any sewer pipe or its appurtenances situated upon private prop- erty. Section 6. That the Huntington Beach Ordinance Code be and the same is hereby amended by adding the following sections to Article 364 of Chapter 36 of said Code, which new sections shall read in words and figures as follows: ARTICLE 164 EXTENSION OF SMgER MAINS Section 3640. Application. Deposit. Installation: Any person, as owner or subdivider of a single lot, subdiv- ision or tract of land , who desires the extension of sewer mains and connections to such lot, subdivision or tract of land, shall file written application with the Sanitation Department. Any number of persons may join together in a single application. 6. Ord. No, 741 (a) The Sanitation Department shall determine the size , locations and total costs for such extension, and shall on approval of such extension, collect from the applicant a deposit covering the total estimated cost of installing all facilities from the nearest existing main of adequate capac- ity. (b) If and when the applicant has complied ,faith all the requirements of the Sanitation Department and made the depos- it as herein required, the Sanitation Department shall in- stall such mains and connections, subject to provisions of paragraph (c) below, such sewer mains, connections and appur- tenances become and remain the property of the City. (c) In the event the deposit was in excess of the actual cost of installation the excess amount shall be returned to the applicant. In the event the deposit was less than the actual cost of installation the applicant shall immediately pay to the Sanitation Department the deficit. (d) If in the opinion of the Superintendent of the San- itation Department it is for the best interests of the City, he may authorize the applicant to install said extension at applicant ' s sole cost and expense in accordance with specifi- cations approved by the Superintendent, and such sewer main and appurtenances shall thereupon become and remain the prop- erty of the City. Section 1641. Requirement for Oversize Sewer Extensions. Whenever an application for extension of a sewer main is re- Ord. No. 741 ceived the Superintendent shall determine whether the best interests of the City would be served by a main larger than required by the applicant' s need. In the event the Superin- tendent so determines, he shall require the larger size line to be installed. Section 3642. Determination of the Superintendent Final. The determination of the Superintendent of the Sanitation De- partment as to size of the sewer main necessary to meet the applicant' s need and his determination of the size of sewer main which would best serve the interest of the City shall be final and binding on applicant. Section 364_3. Installation of Oversize Main Extensions. When the Superintendent of the Sanitation Department has de- termined that the City Sanitation System will be best served by a sewer main larger than needed for applicant ' s use , the Superintendent shall require the installation of such over- size sewer main. Section 3644. Conditions Governing Refunds. Notwith- standing any other provisions of this Ordinance the payment of refunds shall be governed as follows (a) Refunds shall be payable for a period of five ( 5) years only from date of applicant ' s application for sewers. (b) Refunds shall be made from subsequent development at the rate per acre developed set forth in Section 3631 of this Ordinance. Ord. No. 741 (c) Refunds shall not exceed 90% of offsite construct- ion costs. (d) Refunds shall bear no interest. (e) Refunds shall be payable only to the original ap- plicant or applicants. Upon the death of_ applicant, the right to fefund shall terminate. In the event applicant is a part- nership or corporation, the dissolution of the partnership or corporation shall terminate the right to refund. (f) The City and City Sanitation Department shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the main line paid for by applicant. (g) The City Sanitation Department' s refusal to allow any connection or connections into the main line paid for by applicaatonhall not make the City or City Sanitation Depart- ment liable to applicant for any refund which might have ac- crued to aiDDlicant if such connection had been permitted. (h) The City retains the right to allow a connection by any public agency exempted from payment of connection fees and shall not be liable to applicant for refund because of said connection. Section 7. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated fi Ord. No. 741 in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 7th day of December, 1959. i Mayor ATTEST: City Clerk 10. Ord. No. 741 STATE OF CALIFORNIA County of Orange _ ) ss City of Huntington Beach ) I, JOHN L. BENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do here- by certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regu- lar meeting thereof held on the 16th day of November 19597 and was again read to said City Council at a regular meeting thereof held on the 7th day of December , 1959, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: COUNCILMEN: Sork, Lambert, Terry, Waite, Irby, NOES: COUNCILMEN: i .. None. ABSENT: COUNCILMEN: V None. i� Citt-y Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 11.