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HomeMy WebLinkAboutOrdinance #2931 ORDINANCE NO. 2931 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS 14 .36, 14 .40, and 14 .44; AND ADDING THERETO NEW CHAPTER 14 .36, ENTITLED "SEWER SYSTEM SERVICE CONNECTIONS, FEES, AND DEPOSITS, " AND NEW CHAPTER 14 .44, ENTITLED "SEWER MAIN EXTENSIONS" The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Chapters 14 .36 , 14 .40, and 14 .44 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2 . The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 14 .36 entitled "Sewer System Service Connections, Fees, and Deposits, " to read as follows: 14 .36 .010 Service application--Form. All persons requesting service from the city sewer system shall file a written applica- tion, signed by the applicant, or his agent, containing the following information: (a) The address or location of the premises to be served; (b) Whether the applicant is owner, developer, occupant or lessee, or agent of any of the foregoing; (c ) The name and address of the applicant if such person is not the occupant or lessee of the premises; (d) Any additional information which the director may require . 14 .36 . 020 Encroachment permit--Plans and specifications --Public liability insurance required. Prior to the issuance of an encroachment permit and the commencement of any work, the applicant, or his contractor, shall submit plans and specifica- tions for review and approval by the director, or his designated representative. Applicant shall also furnish and maintain during the period for which an encroachment permit is issued, a public liability insurance policy in which the city, City Council, elec- tive and appointive officers, employees, and boards and com- missions of the city shall be named as additional insureds when acting within the scope of their employment, and which shall indemnify, defend, and hold harmless said additional insureds. Such proof of comprehensive liability insurance shall be sub- mitted on the city 's certificate of insurance form in an amount established by resolution of the City Council, shall be signed by 1 . 2931 an authorized agent for an insurance company licensed to do business in the State of California, and approved by the City Attorney. . 14 .36 .030 Encroachment permit--Connection by applicant . (a ) No person shall install any pipe, apparatus, appliance or connection to any part of the city sewer system without first obtaining an encroachment permit to do so. The applicant shall bear the cost for all labor and materials, and shall be a licensed contractor or shall employ a contractor duly licensed under the laws of the State of California to perform such work . The applicant shall also be responsible for the cost of constructing, maintaining, or replacing any part of a sewer system on private property, required by the director , from the property line to and including any on-site structure. (b) Applicant shall comply with all relevant portions of Chapter 12 .12 of this code not inconsistent with the provisions of this chapter . 14 .36 .040 Change of occupancy--Installation of separate lines. Whenever occupancy on a parcel of land is changed from one to two or more, and more than one occupancy on such parcel is served by the city sewer system, the director, at his discretion, may require the owner of such a parcel of land to install separate sewer lines for each occupancy. 14 .36 .050 Maintenance and repair . (a ) Repair and maintenance of all sewer mains , dedicated to the city shall be the responsibility of the city. (b ) Repair and maintenance of all privately-owned sewer mains, and all lateral lines, equipment and appurtenances con- nected to the city sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in Chapter 12 .12 of this code. 14 .36 .060 Private premises--User/owner responsibility. The city shall in no way whatsoever be responsible for any damage to persons or property because of any leakage, breakage, or seepage from, or accident or damage to, any sewer pipe or its appur- tenances located on any private premises; nor shall the city be responsible for or on account of any damage, injury or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances . 14 .36 .070 Sanitary sewer facilities fund established--fees . (a ) There is hereby established, pursuant to California Government Code Sections 66483 et seq. , a sanitary sewer facili- ties fund . As a condition precedent to granting applications for 2 . 2931 I sewer connections, the Department of Public Works is hereby authorized to charge and collect fees in amounts which shall not exceed the estimated reasonable cost of providing a city sewer system, maintaining same, and for future replacements or exten- sions thereof. (b) Except as otherwise provided in Chapter 14 .44, such fees shall be collected and expended solely for the construction or reimbursement for construction of sanitary sewer facilities within the planned local sanitary areas, set out in this chapter, from which the fees were collected, or to reimburse the city for the cost of engineering and administrative services to form such areas, and design and construct such facilities . 14 .36 .080 Planned local sanitary sewer areas--Fee schedule. Planned local sanitary sewer areas and the fee schedule therefor shall be as follows: (a) The sum of $220 for a dwelling unit, plus the sum of $150 for each additional dwelling unit on parcels less than ten thousand (10 ,000 ) square feet in area except those properties covered in subsections (c) and (d ) of this section. A "dwelling unit, " for purposes of this section, shall be (1) a house, or each unit within a multiple unit complex; (2 ) each residential quarter in hotels, apartments, and motels; (3 ) each space providing permanent facilities in a mobilehome or trailer park . (b) For any parcel ten thousand (10 ,000 ) square feet or more in area, $700 per acre, or each fraction thereof, or $150 per dwelling unit, whichever is greater, except those properties covered by subsections (c) and (d ) of this section. The fee per acre of $700 shall apply to all commercial and manufacturing developments, and those portions of trailer parks with facilities for overnight parking. ( c) In the area bounded on the west by Goldenwest Street, on the east by Beach Boulevard, on the south by Pacific Coast High- way, and on the north by Clay Avenue, no fee shall be charged for the first dwelling unit but a fee of $150 shall be charged for each additional dwelling unit per lot . (d) For any area served by a sanitary sewer facility, con- structed and charged on a front foot basis, as provided in a standard reimbursement agreement, the amounts set out in such agreement shall be charged together with the fees contained in subsections (a) , (b) , and (c) of this section. 3 . 2931 14 .11 ,110 Fee Payment . ( a) All sewer fees, excluding county sewer fees, shall be paid to the city prior to recording the final subdivision map with the county recorder ' s office, or prior to issuance of a building permit by the city if a subdivision map is not required . (b) County sewer fees shall be paid to the city prior to issuance of a building permit, or in the case of a subdivision, prior to the final inspection. (c) The subdivider or person to whom a building permit has been issued may enter into a standard reimbursement agreement with the city, pursuant to Chapter 14 .44 of this code. SECTION 3 The Huntington Beach Municipal Code is hereby amended by adding new Chapter 14 .44 entitled, "Sewer Main Exten- sions" to read as follows . 14 .44 .010 Application. Any person, as owner or subdivider of a single lot, subdivision, or tract of land, who desires the extension of sewer mains and connections to such lot, subdivision, or tract of land, shall file a written application with the Department of Public Works . Any number of persons owning or sub- dividing contiguous lots or tracts of land may join in a single application. 14 .44 .020 Plans and specifications . Plans and specifica- tions, as required by the director , shall be prepared and sub- mitted at the sole cost of the applicant prior to approval of an application for extension of any sewer main or connection. 14 .44 .030 System requirements determined. Pursuant to California Government Code Section 66485, the Director of Public Works may determine that it is in the best interests of the city that the improvements to be installed by the applicant shall include supplemental sizes, capacities, numbers or lengths for the benefit of property not within the subdivision. Supplemental length may include minimum size offsite sewer lines necessary to reach a sewer outlet in existence at the time application is made. Such improvements shall be dedicated to the city, and the cost therefor shall be borne by the applicant . 14 .44 .040 Reimbursement agreement. Pursuant to Government Code Section 66485 , the applicant shall enter into a reimbursement agreement with the city under the following terms and conditions: (a ) Reimbursement shall be made for a period of ten (10 ) years only, and shall commence from and after the date all basic and any required supplemental improvements have been completed, approved by the director, dedicated to and accepted by the city. 4 . 2931 r (b) Reimbursement to the applicant shall be made for that portion of the cost, including an amount attributable to interest, in excess of the actual construction required for the subdivision. (c) Reimbursement shall be made only to the original appli- cant or applicants . The right to reimbursement shall terminate upon the death of applicant (s ) . In the event applicant is a cor- poration, company, firm, association, organization, partnership, joint venture, or syndicate, dissolution shall terminate the right to reimbursement. (d) Reimbursement shall be made from the sanitary sewer area fund for which fees from subsequent development comprising such fund are collected for the planned sanitary sewer area in which the sanitary sewer facilities constructed by applicant are located. 14 .44 .050 Liability. (a) Neither the city nor the department shall be liable for failure to reimburse fees to an applicant by reason of its omis- sion to collect or receive fees from any person connecting to or utilizing supplemental improvements made or paid for by an applicant . (b) The city's refusal to allow a connection or connections to a main line or supplemental improvements, constructed and paid for by an applicant, shall not make the city or the department liable for any reimbursement of fees which might have accrued if such connection and utilization had been permitted. (c ) The city reserves, the right to exempt another public agency from paying fees for connecting to or using supplemental improvements, and shall not be liable to an applicant for any failure to collect fees therefrom. SECTION 4 . If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional . SECTION 5 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the 5 . 2931 Huntington Beach Municipal Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments. PASSED AND ADOPTED by the City Council at the City of Huntington Beach, at a regular meeting thereof held on the 7th day of March 1988 �'�a 4� /�� Mayor ATTEST: A /OVED AS TO FORM: City Clerk y Att n REVIEWED AND APPROVED: INITIATED AND APPROVED: C� City Administrator Director of Public Works 2823L:bc/ps 6 . 2931 Ord. No. 2931 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of February 19 88 , and was again read to said City Council at a regular meeting thereof held on the 7th day of March , 19 88 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES Councilmen: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California l,4LVA IL WENrAAWt.ERK of the City of Huhfinwon Beach and ex-Odo Clerk of tt ;City Council,do he"certify that a syn,�psis of thi3 ordinance has been Fished in the Daily Peot on in accordance with the City Charter of said City. �o City Clerk l�,,r'--!�.r?1.• Dep�u-�Cq G�lerfc