HomeMy WebLinkAboutOrdinance #4158 ORDINANCE NO. 4158
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REVISING THE
HUNTINGTON BEACH MUNICIPAL CODE REGARDING SEWER SERVICE USER
CHARGES, BY AMENDING SECTIONS 14.54.040 AND 14.54.060, DELETING SECTIONS
14.54.110 AND 14.54.120, AND DELETING CHAPTER 14.55
WHEREAS, the City of Huntington Beach has adopted a Sewer Service User Charge
pursuant to Chapters 14.54 and 14.55 of the Municipal Code; and
Chapter 14.55 sets the Sewer Service User Charge by Ordinance, but the City sets Water
Rates and most other rates and charges by Resolution; and
By authorizing the Sewer Service User Charge at Section 14.54.040 to be set by
Resolution, and deleting Chapter 14.55, the City will more conveniently be able to set the Sewer
Service User Charge; and
The Sewer Service User Charge was adopted pursuant to California Health & Safety
Code Section 5470, et seq. which provides procedures for contesting the Charge; and
The Council is repealing Sections 14.54.110 and 14.54.120 because they provide for
conflicting procedures for contesting the Charge,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Sections 14.54.040 and 14.54.060 to Chapter 14.12 of the Huntington
Beach Municipal Code regarding the Sewer Service User Charge are hereby amended to read as
follows:
14.54.040 Authority to Adopt Rates and Charges
A. Pursuant to California Health &Safety Code Section 5470 et. seq., including
Sections 5471 and 5474, the City is authorized to adopt rates and charges for the
acquisition, construction, reconstruction, maintenance, and operation of a
sewerage system. This Chapter is intended to ensure that sufficient revenues are
collected to adequately acquire, construct, reconstruct, maintain, and operate the
City's needed sewer facilities. By imposing a Sewer Service User Charge that is
reasonably related to the burdens imposed upon the sewer facilities by sewer
service customers, the City will be able to acquire and/or construct the required
capital improvements to maintain and improve sewer facilities.
B. The City shall impose a Sewer Service User Charge. The Charge shall be set by a
Resolution adopted by a two-thirds vote of the members of the City Council. The
charge shall be imposed monthly and collected monthly.
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ORDINANCE NO. 4158
C. The City Council may include a schedule of adjustments, effective July 1 of each
year, for up to five (5) years as part of the Sewer Service User Charge it may
authorize by Resolution. The adjustments may include an annual percentage
adjustment reflecting the increase in the Consumer Price Index for all Urban
Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established
by the U.S. Bureau of Labor Statistics. Notice of any adjustment to the Sewer
Service User Charge shall be provided by way of an insert in the monthly City
water and sewer bill at least 30 days before the effective date of the Rate and
Surcharge adjustment.
D. Pursuant to Health & Safety Code Section 5472, any person may pay under
protest the Sewer Service User Charge, and bring an action against the City in the
Orange County Superior Court to recover money which the City refuses to refund.
Any protest shall be filed with the City Clerk no later than prior to or concurrently
with the date payment of the Charge is due.
14.54.060 Setting of Sewer Service User Rates and CharlIes
A. The City Council shall by Resolution set the specific amount of the Sewer Service
User Charges for all water meter customers in the City.
B. The Sewer Service User Charge shall be based upon the Customer Category, and
the number of dwelling units or commercial or industrial occupancies the water
meter serves, all as further defined in the Resolution establishing the Charge.
Public schools shall be charged based upon the student average daily attendance
("ADA"), with separate per student rates for kindergarten through eighth grade,
and for high school. The Sewer Service User Charge shall not exceed the
reasonable cost of providing the services, facilities or regulatory activity for
which the Charge is imposed.
SECTION 2. Sections 14.54.110 and 14.54.120 shall be repealed from the Municipal
Code.
SECTION 3. Chapter 14.55 shall be repealed from the Municipal Code.
SECTION 4. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and, if for any reason a court of competent jurisdiction shall hold any
phrase, sentence, paragraph or section of this Ordinance to be invalid, such decision shall not
affect the validity of the remaining parts of this Ordinance.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force thirty
(30) days from and after passage thereof.
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ORDINANCE NO. 4158
SECTION 6. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council oft e City of Huntington Beach at a
regular meeting thereof held on the day of ADH 2018.
Mayor
ATTEST: ® � APPROVED O FO
City Clerk City Attorney S�=Y
rN`
REVIEW APPROVED: ITIATED AND;PPRO D:
it tanager Director of P lic Works
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Ord. No. 4158
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 April 2, 2018, and was again read to said City
Council at a Regular meeting thereof held on April 16, 2018, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Semeta, Posey, Delgleize, Hardy, Brenden
NOES: O'Connell, Peterson
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on April 26,2018.
In accordance with the City Charter of said City.
Robin Estanislau City Clerk City Clerk and ex-officio Clerk
efiior Deputy City Clerk of the City Council of the City
of Huntington Beach, California