Title 14
PUBLIC SERVICES
Chapters:
14.04
Water System
14.06
Cross—Connections
14.08
Sewer Service
14.12
City Landfill
14.16
Municipal Parking Facilities
14.18
Gas Franchise
Chapter 14.04
WATER SYSTEM
Sections:
14.04.010 Supervisor.
14.04.020
Rates and charges, rules and regulations—— Set by council resolution.
14.04.030
Rates and charges, rules and regulations-—On file with
city clerk.
14.04.040
Violations——Penalties.
14.04.050 Property owner responsible for the payment
of utility bills.
14.04.060 Payment of bills.
14.04.010 Supervisor. The immediate supervisor of
the water division of the public works department shall be under the director
of public works.)
14.04.020 Rates and charges, rules
and regulations—— Set by council resolution. The rates and charges for
water service rendered by the city and rules and regulations relating to the
conditions under which said water service shall be rendered shall be fixed and
established from time to time by resolution of the council.
14.04.030 Rates and charges, rules
and regulations——On file with the city clerk. A
true and correct copy of the current rules and regulations, and rates and charges
for water service, shall be on file in the office of the city clerk, including
any changes adopted by the council.
14.04.040 Violations--Penalties. A. Any person, firm,
corporation or association preventing or interfering with any employee of the water
department in the lawful discharge of his duties, or tampering with, injuring
or destroying the lines, valves, fire hydrants, machinery, meters, meter boxes,
property or equipment of the water department, or taking any water from the
water department without first complying with the regulations set forth in this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be
subject to a fine of not more than five hundred dollars or to imprisonment in
the county jail of not more than six months or to both such fine and
imprisonment.
B.
It is unlawful for anyone other than an authorized employee of the water
department to remove a meter. When a meter has been unlawfully removed, it is
unlawful to use water supplied by the service to which the meter was attached.
Where a meter as found to have been unlawfully removed, the water shall be shut
off forthwith and not turned on again until payment has been made for the
estimated amount of water used, plus the sum of one hundred fifty dollars.
14.04.050 Property owner
responsible for the payment of utility bills. The owner of any property
upon which city water and sewer service is used and from which refuse is
collected shall be liable for the payment of the cost for said water and sewer
service and refuse collection. All rules, rates and regulations provided for
the government of the water, sewer and refuse service, shall apply to the owner
of the premises as well as to the user of the service. In cases of default in
payment of said costs, all arrearage, fines and/or penalties shall attach as a
lien to the premises and particular location from which the water and sewer
service was used, and refuse collected.
14.04.060 Payment of bills. A. Periodic bills are due
and payable on the date of presentation and become delinquent fifteen days
after presentation. Payment may be made at the city clerk’s office or by mail.
B.
Ten percent is added to the total amount of each bill as follows:
1. For billing dated the first day of the
month, ten percent will be added on the fifth day of the following month after
presentation;
2. For billing dated
the fifteenth day of the month, ten percent will be added on the twentieth day
of the following month after presentation.
C.
Closing bills, if service is closed or discontinued, are due and payable on the
date of presentation.
Chapter 14.06
Sections:
14.06.010 Purpose.
14.06.020 Application.
14.06.030 Enforcement.
14.06.040 Definitions.
14.06.050
Cross—connections prohibited.
14.06.060 Installation of backflow prevention
device.
14.06.070
Types of backflow prevention devices required.
14.06.080 Location.
14.06.090 Installation.
14.06.100
Approved backflow devices.
14.06.110 Inspections.
14.06.120 Right of entry for inspections.
14.06.130 Termination of services.
14.06.140 Rates.
14.06.010 Purpose. The purpose of this
chapter, in conjunction with Section 1003 of the Uniform Plumbing Code and the
State of
A.
By requiring the proper installation and safeguarding of service lines leading
to premises where cross-connections exist or are likely to occur;
B.
By periodic inspecting;
C.
By regulating plumbing within premises to minimize the danger of contamination
to the water system on the premises or the public water system itself.
14.06.020 Application. This regulation applies
throughout the city to all premises and the owners and occupants thereof served
by the city’s water system. It applies to all systems installed prior to or
after its enactment. Every owner and every-occupant of premises covered by this
regulation is responsible for compliance with its terms and shall be strictly
liable for all damages incurring as a result of failure to comply with express
terms and provisions contained herein.
14.06.030 Enforcement. The director of public
works will administer the provisions of this chapter. Any deviation,
modification, changes from standard or approval of methods and materials, shall
be by the director.
14.06.040 Definitions. The following definitions
will apply to interpretation of this chapter.
A.
“Air gap separation” means the unobstructed vertical distance through the free
atmosphere between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture, or other device and the flood level rim of the
receptacle, and must be at least double the diameter of the supply pipe
measured vertically above the flood level rim of the vessel. In no case may the
gap be less than one inch.
B.
“Auxiliary supply” means any water source or system other than the public
potable water system, that may be available in the
building or on the premises.
C.
“Backflow” means the reversal of flow, other than in the intended direction
into the distribution of the public water system, from a service connection.
1. “Back pressure means the backflow caused
by a pump, elevated tank, boiler, or other means that could create pressure
within the system greater than the city water supply.
2. “Back siphonage”
means a form of backflow due to a negative or sub—atmospheric pressure within
the water system.
D.
“Backflow prevention device” means a state-approved device to counteract back
pressure or prevent back siphonage.
E.
“Cross—connection” means any physical arrangement whereby a public water system
is connected directly or indirectly, with any other nonpotable
water system, sewer, drain, conduit, pool, storage, reservoir, plumbing
fixture, or other device which contains, or may contain, contaminated water,
sewage, or other waste or liquid of unknown or unsafe quality which may be
capable of imparting contamination into the public water system as a result of
backflow. Bypass arrangements, jumper connections, movable sections, swivel or
changeover devices, or other temporary or permanent devices through which, or
because of which, backflow could occur, are considered to be cross—connections.
F.
“Double check valve assembly (DCVA)” means an approved assembly composed of two
single, independently acting check valves, including tightly closing shutoff
valves located at each end of the assembly and suitable connections for testing
the watertightness of each check valve which are
approved by the State of California Department of Health.
G.
“Reduced pressure principle backflow prevention device (RPBD)” means an
approved device incorporating two or more check valves and an automatically
operating differential relief valve located between the two checks, two shutoff
valves, and equipped with the necessary appurtenances for testing. The device
must operate to maintain the pressure in the zone between the two check valves,
less than the supply pressure. In case of leakage of either check valve the
differential relief valve must operate to maintain the reduced pressure by
discharging to the atmosphere. When the inlet pressure drops below two pounds
per square inch, the relief valve must open to the atmosphere thereby providing
an atmospheric zone between the two check valves.
14.06.050 Cross-connections
prohibited. A. Except as provided below, all cross—connections, whether or
not they are controlled by automatic devices such as check valves or by hand
operated mechanisms such as gate valves or stop clocks, are prohibited.
B.
Failure on the part of persons, firms, or corporations to discontinue the use
of all cross—connections and to physically separate cross—connections is sufficient
cause for the immediate discontinuance of public water services to the
premises.
14.06.060 Installation of backflow prevention device. Backflow prevention devices
shall be installed at the service connection or within any premises where in
the judgment of the director of public works the nature and extent of activity
on the premises, materials used in connection with the activities, or materials
stored on the premises would present an immediate or potential hazard to the
public’s health should a cross—connection flow occur, even though such
cross—connection does not exist at the time the backflow prevention device is
required to be installed. This includes:
A.
Premises having an auxiliary water supply;
B.
Premises having internal cross—connections that are not correctable,
or intricate plumbing arrangements which make it impracticable to ascertain
whether or not cross— Connections exist;
C.
Premises where entry is restricted so that inspections for cross-connections
cannot be made with sufficient frequency or at sufficiently short notice to
assure that cross—connections do not exist;
D.
Premises having a history of cross—connections being established or
reestablished;
E.
Premises on which any substance is handled under pressure so as to permit entry
into the public water system, or where a cross—connection could reasonably be
expected to occur. This includes the handling of process waters and cooling
waters;
F.
Premises with commercial or residential water softener units (backwash)
G.
Premises where materials of a toxic or hazardous nature are handled such that
if backflow should occur, a serious health hazard may result;
H.
The following types of facilities will fall into one of the above categories where
a backflow prevention device shall be installed at these facilities as set
forth in the California Administrative Code, Title 17-Public Health,
unless the director of public works determines that no health hazard exists:
1. Hospitals, mortuaries, clinics,
2. Laboratories,
3. Sewage treatment plants,
4. Food and beverage processing plants,
5. Chemical plants using a water process,
6. Metal plating industries,
7. Petroleum processing or storage plants,
8. Radioactive material processing plants or
nuclear reactors,
9. Car washes,
10. Any building or structure three stories
or higher,
11. Others specified by the certified
cross—connection specialist.
14.06.070 Types of backflow
prevention devices required. The type of prevention device required by the
city depends on the degree of hazard which exists as follows:
A.
An air—gap separation or reduced pressure backflow prevention device shall be
installed where the water supply may be contaminated by sewage, industrial
waste of a toxic nature, or other contaminant which would cause a health
hazard.
B.
In the case of a substance which may be objectionable but not hazardous to
health, a double check valve assembly, air—gap separation or reduced pressure
principle backflow prevention device shall be installed.
C.
Pressure type vacuum breaker units (spring loaded) are the approved units for
city supplied irrigation systems. The unit must be installed at least twelve
inches above the highest fixture point of water usage and in such a manner that
drainage will preclude back pressure.
14.06.080 Location. Backflow prevention devices
required by this chapter must be installed at the meter, at the property line
of the premises when meters are not used, or at a location designated by the
director of public works. The device must be located so as to be readily
accessible for maintenance and testing, and where part of the device will not
be submerged or hidden from proper inspection.
14.06.090 Installation. Backflow prevention devices
required by this chapter must be installed under the supervision of the
director of public works.
14.06.100 Approved backflow
devices. Any protective device required by this chapter must be a model
approved by the
14.06.110 Inspections. Backflow prevention devices
must be inspected and tested annually or more often when inspections indicate
any occasion of failure. An annual inspection fee will be charged. The device
must be repaired, overhauled, or replaced whenever it is found to be defective.
Inspections and tests must be made by a certified cross-connection specialist
or by the city’s water department personnel and the device tagged. Repairs will
be at the expense of the owner or occupant.
14.06.120 Right of entry for inspections. An authorized employee of
the city shall have reasonable access to any premises supplied with water for
the purpose of making inspections for cross—connection control, inspections of
the water system and water meters upon such premises.
14.06.130 Termination of services. The failure of the owner or
occupant to cooperate in the installation, maintenance, testing or inspection
of backflow prevention devices required by this chapter, may have water service
discontinued after service of twenty—four hours’ notice of the intention of the
city to do so.
14.06.140 Rates. Rates will be established or amended,
whenever necessary, by resolution of the city council.
Chapter 14.08
SEWER SERVICE
I GENERAL PROVISIONS
Sections:
14.08.010 Purpose.
14.08.020 Interpretation——Application.
14.08.030 Definitions.
14.08.040
Director of public works——Authority designated.
14.08.050 Liquid waste disposal policy——General
statement.
14.08.060
Existing industrial wastewater dischargers.
II CONSTRUCTION AND CONNECTIONS
14.08.070
Construction——Plan approval-—Required.
14.08.080
Construction——Plan approval——Permits--Certification of inspection.
14.08.090 Construction--Plan
approval-—Nontransferable.
14.08.100
Inspection——Construction projects.
14 08.110 Inspection--Maintenance and operation.
14.08.120 Inspectors.
14.08.130
Prohibited discharges--Rainwater, uncontaminated water.
14.08.140
Industrial wastewaters—-Discharge requires permit.
14.08.150
Use, maintenance of facilities—-Noncompliance designated.
14.08.160
Use, maintenance of facilities——Expense.
14.08.170
Connection——Requirement.
14.08.180 Connection--Procedure--Responsibility.
14.08.190
Ground profiles.
14.08.200
Sewer service outside city limits.
14.08.210 Extensions—-Terms and conditions.
14.08.220 Extensions--Subdivisions.
14.08.230 Extensions--By city.
14.08.240
Extensions--outside city limits.
III CHARGES AND FEES
14.08.250
Rates and charges, rules and regulations-—Set by council resolution.
14.08.260
Connection——Payment of charges.
14.08.270 Water pollution control
facility--Funding--Requirements.
14.08.280 Water pollution control
facility--Funding--Sources.
14.08.290 Connection charges.
14.08.300 Basic service charges.
14.08.310
Industrial cost recovery fees.
14.08.330
Statements required for determination of charges.
14.08.340 Payment of bills.
14.08.350 Delinquent payments--Penalty fee.
14.08.360 Delinquent payments--Lien--Disconnection.
14.08.370 Service disconnection--procedure.
14.08.380 Service disconnection--Reestablishment.
14.08.390
Fees and charges——Recordation.
14.08.400
Fees and charges——Estimates.
14.08.410 Fees and charges——Delinquency fee.
IV INDUSTRIAL WASTEWATERS
14.08.420 Permit--Requirement.
14.08.430
Permit——Application——Form and processing.
14.03.440
Permit——Application——Approval.
14.08.450
Permit——Change of restrictions, conditions.
14.08.460
Permit——Suspension——Process.
14.08.470
Permit——Suspension——Hearing.
14.08.480
Permit——Revocation——Procedure.
14.08.490
Permit——Revocation——Reapplication.
14.08.500
Prohibited discharges——Determination.
14.08.510
Prohibited discharges——Designated.
14.08.520 Availability of city’s facilities.
14.08.530 Pretreatment.
14.08.540
Separation of wastewaters——Control manholes.
14.08.550 Sampling, analysis, flow measurements.
14.08.560
Discrepancies between actual and reported industrial wastewater discharge
quantities.
14.08.570 Industry classifications.
14.08.580 Damage caused by prohibited wastewater
discharge.
V TRUCKER’S DISCHARGE PERMIT
14.08.590
Required.
14.08.600 Validity.
14.08.610 Discharge locations.
14.08.620 Revocation.
VI VIOLATIONS AND ENFORCEMENT PROVISIONS
14.08.630 Trade secrets.
14.08.640
Malicious damage to city’s facilities.
14.08.650 Amendments.
14.03.660
Time limits.
14.08.670 Notice.
14.08.680
Reconsiderations——Appeals.
14.08.690 Enforcement.
14.08.700
Notice of violation——Authority to disconnect.
14.08.710 Penalty for violation.
14.08.720
Violation——Penalty.
14.08.010 Purpose. The purpose of this chapter
is to provide for the maximum possible beneficial public use of the city’s
facilities through adequate regulation of sewer construction, sewer use and
industrial wastewater discharges, to provide for equitable distribution of the
city’s costs, and to provide procedures for complying with requirements placed
upon the city by other regulatory agencies.
14.08.020 Interpretation--Application. This chapter shall be interpreted
in accordance with the definitions set forth in Section 14.08.030. The
provisions of this chapter shall apply to the direct or indirect discharge of
all liquid carried wastes to facilities of the city. This chapter, among other
things, provides for the regulation of sewer construction in areas within and
without the city, the quantity and quality of discharged wastes, the degree of
waste pretreatment required, the settling of waste surcharge fees to provide
for equitable distribution of costs, the approval of plans for sewer
construction, the issuance of permits for industrial wastewater discharge, and
of other miscellaneous permits and the establishment of penalties for violation
of this chapter.
14.08.030 Definitions. The definitions given in this
section shall be used in the interpretation of this chapter, the issuance of
permits, the making of charges for service and all other operations of this
chapter unless another meaning for the word is apparent from the context:
1. “Ad valorem tax” means the tax levied for
the benefit of the city on the assessed value of property within its
boundaries.
2. “Assessed value” means that portion of the
total assessed value of the property upon which individual city taxes are
levied.
3. “BOD” or “biochemical oxygen demand’ means
the measure of decomposable organic material in domestic or industrial
wastewaters as represented by the oxygen utilized over a period of five days at
twenty degrees centigrade and as determined by the appropriate procedure in “Standard
Methods.”
4. “Chlorine demand” means the difference
between the amount of chlorine added to a wastewater sample and the amount
remaining at the end of a thirty minute period as determined by the procedures
given in “Standard Methods.”
5. “COD” or “chemical oxygen demand” means
the measure of chemically decomposable material in domestic or industrial
wastewater as represented by the oxygen utilized as determined by the
appropriate procedure described in “Standard Methods.”
6. “City” means the city of
7. “Director of public works” means the
director of public works of the city and is at some places referred to in this
chapter as the director.
8. “Discharger” means any person who
discharges or causes a discharge to a public sewer.
9. “Dissolved solids” or “dissolved matter”
means the solid matter in solution in the wastewater and shall be obtained by
evaporation of a sample from which all suspended matter has been removed by
filtration as determined by the procedures in “Standard Methods.”
10. “Domestic wastewater” means the water
carried wastes produced from noncommercial or nonindustrial activities and
which result from normal human living processes.
11.“Effluent” means the liquid outflow of any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer.
13. “House connection” means the sewer
connecting the building sewer or building waste drainage system to the public
sewer for the purpose of conveying domestic wastewater.
14. “Industrial connection sewer” means the
sewer connecting the building sewer or building waste drainage system to the
public sewer for the purpose of conveying industrial wastewater.
15. “Industrial wastewater” means all water
carried wastes and wastewater of the community excluding domestic wastewater
and uncontaminated water, and shall include all wastewater from any producing,
manufacturing, processing, institutional, commercial, agricultural or other
operation where the wastewater discharged includes significant quantities of
wastes of nonhuman origin.
16. “Inspector” means a person authorized by
the director of public works to inspect wastewater generation, conveyance,
processing and disposal facilities.
17. “Lateral sewer,” “collecting sewer, “ or “main line sewer” means the public sewer used to
collect wastewater from house connection and industrial connection sewers and
transport it to trunk sewers. Lateral, collecting or main line sewers are built
by the city or by others, authorized so to do by the city, and maintained by
the city, but no public sewer hereafter constructed shall be of less than six
inches in internal diameter.
18. “Ordinance” means, unless otherwise
specified, the ordinance codified in this chapter.
19. “Peak flow rate” means the average rate at
which wastewater is discharged to a public sewer during the highest
thirty—minute flow period in the preceding twelve months.
20. “Person” means any individual,
partnership, committee, association, corporation, public agency, and any other
organization or group of persons, public or private.
21. “Public corporation” means this state and
any political subdivision thereof, any incorporated municipality therein, any
public agency of the state or any political subdivision thereof, or any
corporate municipal instrumentality of this state.
22. “public sewer”
means any sewer dedicated to public use and whose use is controlled by a public
corporation.
23. “Radioactive material” means material
containing chemical elements that change their atomic structure spontaneously
by emitting any particles, rays or energy forms.
24. “Section” means a section of this chapter
and “subsection” means a subsection of any section of this chapter.
25. “Sewage” means wastewater.
26. “Sewage pumping plant” means any facility
designed and constructed to raise wastewater in elevations or to overcome head
losses due to pipeline friction.
27. “Sewerage” means any and all facilities
used for collecting, conveying, pumping, treating and disposing of wastewater.
28. “Shall” is mandatory and “may’ is
permissive.
29. “Solid wastes” means the nonliquid carried wastes normally considered to be suitable
for disposal with refuse at sanitary landfill refuse disposal sites.
30. “Standard Methods” means the current
edition of Standard Methods for the Examination of Water and Wastewater as
published by the American Public Health Association.
31. “Suspended solids” or “suspended matter”
means the insoluble solid matter suspended in wastewater that is separable by
laboratory filtration in accordance with the procedure described in “Standard
Methods.”
32. “Trade secrets” include but are not limited
to any formula, plan, pattern, process, tool, mechanism, compound, procedure,
production data, or compilation of information which is not patented or
copyrighted, which is known only to certain individuals within a commercial
concern who are using it to fabricate, produce or compound an article of trade
or a service having commercial value, and which gives its user an opportunity
to obtain a business advantage over competitors who do not know or use it.
33. “Trunk sewer” means a sewer constructed,
maintained and operated by the city that conveys wastewater to the city’s
treatment facilities and into which lateral and collecting sewers discharge.
34. “Uncontaminated water” means any wasted
water of the community not contaminated or polluted with wastewater and which
is suitable or could readily be made suitable for discharge to the municipal
storm water drainage system.
35. “User” means discharger. (See subsection
8).
36. “Wastewater” means the water carried
wastes of the community derived from human or industrial sources including
domestic wastewater and industrial wastewater. Rainwater, groundwater or
drainage of uncontaminated water is not wastewater.
14.08.040 Director of public
works——Authority designated. Except as otherwise provided in this chapter,
the director of public works, at some places in this chapter referred to as the
director, shall administer, implement and enforce the provisions of this
chapter.
14.08.050 Liquid waste disposal policy——General statement. A. The city operates the
Weed sewage facility, serving homes, industries and commercial establishments
within the city limits and a certain industrial user holding a contractual
right for such service within the area immediately adjacent to the city.
B. The following basic city policies apply to regulate
waste discharges within the area served and will also apply to other discharges
that are tributary to the city’s facilities.
C.
Generally, liquid wastes originating within the area served will be removed by
the city’s sewerage system provided that the wastes will not damage structures,
create nuisances such as odors, menace public health, impose unreasonable
collection, treatment or disposal costs on the city, interfere with wastewater
treatment processes, exceed quality requirements set by regulatory government
agencies, or detrimentally affect the local environment.
D.
The highest and best use of the city’s sewerage system is the conveyance,
treatment and disposal of domestic wastewater.
E.
To comply with the stated policies of the federal government and to permit the
city to meet increasingly higher standards of treatment plant effluent quality,
provisions are made in this chapter for the regulation of industrial wastewater
discharges. This chapter establishes quantity and quality limitations on
industrial wastewater discharges which may adversely affect the city’s sewerage
system or effluent quality. Methods of cost recovery from industrial wastewater
dischargers are also established where the discharges impose inequitable
collection, treatment or disposal costs on the city.
F.
Recovery and reuse procedures established by industrial wastewater discharges
to meet the limitations set on their discharges will be preferred by the city
over those procedures designed solely to meet wastewater discharge limitations.
Methods providing for beneficial reuse of otherwise wasted resources shall be
the approved method of industrial wastewater treatment whenever feasible.
G.
Optimum use of the facilities of the city may necessitate that the director of
public works, in this chapter sometimes referred to as the director, require
that certain industrial wastewaters be discharged during periods of low flow in
the sewerage system of the city.
14.08.060 Existing
industrial wastewater dischargers. All persons discharging industrial
wastewater directly or indirectly to the city’s sewerage system prior to the
effective date of the ordinance codified in this chapter are granted a
temporary permit to discharge industrial wastewaters. This temporary permit
shall expire six months after notification by the director that a new permit is
to be obtamed, or after two years from the effective
date of the ordinance codified in this chapter, whichever should first occur.
Prior to the expiration of the temporary permit, the industrial wastewater
discharger shall apply for and obtain a permit for industrial wastewater
discharge.
II CONSTRUCTION AND CONNECTIONS
14.08.070 Construction——Plan
approval-—Required.
A.
No person, other than employees of the city or persons contracting to do work
for the city shall construct or cause to be constructed, or alter or cause to
be altered, any public sewer, lateral sewer, house connection or industrial
connection sewer over four inches in diameter or located in a public
right—of—way without first obtaining approval of sewerage construction plans
from the director.
B.
The applicant shall submit to the director for approval construction plans and
such specifications and other details as required to describe
fully the proposed sewerage facility. The plans shall have been prepared under
the supervision of and shall be signed by an engineer of suitable training
registered in the state.
C.
Plans for sewerage construction shall not be approved by the director for any
facility which will convey industrial wastewater unless the discharger has
first obtained a city permit for industrial wastewater discharged. Plans for
sewerage construction shall meet all design requirements of the city.
D.
All sewerage construction shall conform to the requirements of the “Standard
Specifications for Sewerage Construction, City of Weed,” copies of which are on
file at the city hail.
E.
Inspection of all sewerage construction under this section shall be made by
personnel of the city in the manner described in Section 14.08.100.
F.
An approval of plans for sewerage construction shall expire one year after date
of approval unless construction has been initiated.
14.08.080 Construction——plan
approval——Permits——Certification of inspection. A. The director will
approve plans for sewerage construction, issue a
permit for industrial wastewater discharge or any other permit under this
chapter only if it appears to the director that the sewerage construction,
sewer connection, industrial wastewater discharge or other procedure conforms
to the requirements of this chapter.
B.
If required to do so, the director will issue an inspection certificate
indicating satisfactory completion of required work, when all work required by
the approved plans or permit has been completed and approved by city’s
inspectors.
C.
All required fees and charges shall be paid before approval of plans or
issuance of a permit or an inspection certificate.
D.
The approval of plans or the issuance of a permit shall not relieve the
discharger of any duty imposed upon him pursuant to this chapter.
14.08.090 Construction——Plan
approval——Nontransferable. Approval of plans for sewerage
construction are not transferable from one person to another person or
from one location to another location.
14.08.100 Inspection——Construction
projects. A. Inspection of all sewerage construction or alterations under
this chapter shall be made during construction by personnel of the city or its
contractor. At least forty—eight hours prior to cutting into a city sewer, the
city shall be notified. No physical alteration of any city facility shall
commence until an inspector is present. No covering or backfilling of any work
shall commence until such work has been inspected.
B.
Upon completion of construction and prior to removal of the downstream bulkhead
and upon receiving forty—eight hours’ notice, Sundays and holidays excluded,
the city will inspect the work to determine if it has been constructed in a
satisfactory manner and to determine if all facilities are cleaned of
construction debris that could be flushed into the city’s sewer.
C.
No wastewater shall be discharged into any sewerage facility tributary to a
city facility prior to obtaining inspection and approval of sewerage
construction by the city.
D.
Following satisfactory completion of construction, the city will issue a
construction inspection certificate upon request.
14.08.110 Inspection——Maintenance
and operation.
A.
Inspection of every facility that is involved directly or indirectly with the
discharge of wastewater to the city’s sewerage system may be made by the
director as he deems necessary. These facilities shall include but not be
limited to sewers, sewage pumping plants, pollution control plants, all
industrial processes, industrial wastewater generation, conveyance and
pretreatment facilities, devices and connection sewers, and all similar
sewerage facilities. Inspections may be made to determine that such facilities
are maintained and operated properly and are adequate to meet the provisions of
this ordinance.
B.
Access to all of the facilities designated in subsection A or other facilities
directly or indirectly connected to the city’s sewerage system shall be given
to authorized personnel of the city at all reasonable times including those
occasioned by emergency conditions. Any permanent or temporary obstruction to
easy access to the sewerage facility to be inspected shall be removed promptly
by the facility user or owner at the written or verbal request of the director,
and shall not be replaced.
C.
No person shall interfere with, delay, resist or refuse entrance to an
authorized city inspector attempting to inspect any wastewater generation,
conveyance or treatment facility connected directly or indirectly to the city’s
sewerage system.
14.08.120 Inspectors. Adequate identification
shall be provided the director for all inspectors and other authorized
personnel and these persons shall identify themselves when entering any
property for inspection purposes or when inspecting the work of any contractor.
14.08.130 Prohibited
discharges——Rainwater, uncontaminated water. No person shall discharge or
cause to be discharged any rainwater, storm water, groundwater, street
drainage, subsurface drainage, yard drainage water, water from yard fountains,
ponds or lawn sprays or any other uncontaminated water into any sewerage
facility which directly or indirectly discharges to facilities owned by the
city.
14.
08.140 Industrial
wastewaters——Discharge requires permit. No industrial wastewaters shall be
discharged to a trunk sewer or to a sewer discharging directly or indirectly to
a trunk sewer until a permit for industrial wastewater discharge has been
approved by the director.
14.08.150 Use, maintenance of facilities——Noncompliance
designated. A. The city reserves the right to inspect any existing lateral
or collecting sewers that discharge wastewater directly or indirectly to trunk
sewers. If it is found that such lateral or collecting sewers are improperly
used or improperly maintained, thereby causing discharge of septic wastewater,
excessive groundwater, debris or any other objectionable substance to the city
sewer, the director will give notice of the unsatisfactory condition to the
offending discharger and shall direct the condition be corrected.
B.
In cases of continued noncompliance with the city’s directive, the city may
disconnect the offending sewer from the city’s sewerage system.
14.08.160 Use, maintenance of
facilities——Expense.
A.
No person shall discharge or cause to be discharged to a trunk sewer, either
directly or indirectly, any waste that creates a stoppage, plugging, breakage,
any reduction in sewer capacity or any other damage to sewers or sewerage
facilities of the city. Any excessive sewer or sewerage maintenance expenses or
any other expenses attributable thereto will be charged to the offending
discharger by the city.
B.
Any refusal to pay excessive maintenance expenses duly authorized by the
director constitutes a violation of this chapter.
14.08.170 Connection--Requirements. No person within the
corporate limits of the city whose premises are so located that a city sewer
line is within five hundred feet of the place of origin of sewerage on such
premises shall install any septic tank or use any means of disposing of sewage
other than through a connection with the city sewer system. In the event of new
construction of a sewer collection system within an area, such designated
premises and the owners thereof will have two years in which to connect to the
new system. Bach such person shall be required to connect such premises with
the city sewer system pursuant to this chapter and to pay in advance all
connection charges provided for under this chapter.
14.08.180 Connection——Procedure——Responsibility.
A.
The individual owner (or owners) of a premises is (and are) directly
responsible for the costs of construction, maintenance, repairs and replacement
of the individual house connection sewer or industrial connection sewer to the
lateral sewer, collecting sewer or main line sewer.
B.
Each dwelling unit shall be connected individually to the city’s lateral sewer,
collecting sewer or main line sewer. Commercial or industrial structures or
multifamily dwelling units, under one ownership,
operating as a large unit, may be connected on the owner’s property with one
large connection to the city’s lateral sewer, collecting sewer or main line
sewer.
14.08.190 Ground profiles. All
ground profiles in areas where sewers are installed must be such that when a
street is improved, it will not be necessary to relay the sewer to conform to
the established grade.
14.08.200 Sewer service outside
city limits. Except as hereinafter provided in this section, no sewer
service shall be provided to any lands outside the city, unless and until such
lands shall have been annexed to the city, except only such service now being
provided pursuant to contract with the city. Notwithstanding the foregoing, it
is found to be in the best interests of the city, permit industrial wastewater
sewer service to be provided to lands outside the city. In such event, the city
may, by contract, impose upon the industrial discharger fees and charges,
including, but not limited to, connection, inspection and service fees and charges,
greater than those set forth in this chapter. Further, in such event, the city
may, by contract, impose upon the industrial discharger rules, regulations,
requirements and procedures more stringent or restrictive than those set forth
in this chapter, as may be necessary in the best interest of the city. A
violation by the industrial discharger of any term or provision of such
contract shall be deemed to constitute a violation of this chapter, entitling
the city to all enforcement remedies provided in this chapter, in addition to
any such remedies which may be available pursuant to such contract or pursuant
to law. Upon city council approval of a written contract with residential
developers, sewer service (subject to all connection, capital cost, and monthly
service fees) may be provided to lands outside the city.
14.08.210 Extensions--Terms and conditions. Lateral sewers, collecting
sewers or main line sewers will be extended to serve customers under the
following terms and conditions:
A.
When an application is made for sewer service for which it is necessary to make
a sewer main extension or a sewer main lateral to provide such sewer service,
the extension or lateral shall be made at the sole expense of the applicant, as
provided in this chapter.
B.
When an application is made for sewer service where no sewer main exists, and
no immediate provision has been made by the city for extension of the existing
lateral sewers, collecting sewers or main line sewers to said applicant’s
property, the city administrator shall cause a map to be prepared showing the
area that will be serviced by such extension and the estimated cost thereof.
The applicant shall then deposit a sum of money equal to the estimated cost of
such extension with the city clerk. Such estimate shall be based upon a minimum
six-inch sewer lateral, collecting sewer or main line sewer.
Upon
approval of such sewer extension by the city council, the city administrator
shall cause such extension to be constructed, and if the cost of such extension
is less than the estimate, the difference shall be returned to the applicant.
If the cost of such sewer extension is greater, the applicant shall pay to the
city clerk, immediately upon completion of construction and determination of
actual cost, the difference between the estimate and actual cost of
construction. Such extension shall be based upon present and future
requirements of the area to be provided with said extension, and the size of
such extension shall be approved by the city administrator. The cost of
installation of any sewer line in accordance with this chapter shall be borne
solely by the applicant. The extension of all sewers as provided in this
chapter shall be accomplished with minimum six inch pipe. In the event pipe of
larger diameter is installed, whether by request of the city or choice of the
applicant, the cost of such larger diameter pipe shall be borne solely by the
applicant.
C.
All sewer extensions shall originate at the nearest adequate lateral sewer,
collecting sewer or main line sewer and shall extend the full length of
applicant’s property. All applicants for subsequent connections to such
extension shall be charged that prorated portion of the total cost of such
extension as the square footage of applicant’s property bears to the entire
square footage of the area which may be serviced by said sewer extension.
14.08.220 Extensions-—Subdivisions. All subdivisions shall have
a complete sewer collection system installed or to be installed and approved by
the city council before such subdivisions are approved by the city. The subdivider shall install the sewer distribution system at
his own expense and as recommended and approved by the city council, and none
thereof shall be buried until inspected by the city administrator and burial
approved in writing. All such sewer mains, hydrants and appurtenances thereto
shall become the property of the city, free of all claim.
14.08.230 Extensions--By city. The city may make
extensions to the facilities constructed under either Section 14.08.210 or
Section 14.08.220 without obligation in the part of the city to pay to the
applicant or subdivider any part of the cost of the
installation so made by the applicant or subdivider.
14.08.240 Extensions-—Outside city limits. Except as hereinafter provided in
this section, no sewer extension shall be constructed in any subdivision,
street, right-of-way, undedicated street or unimproved street, outside the city
limits, except those built pursuant to agreements with the city existing at the
time of adoption of Ordinance No. 217-78. Notwithstanding the foregoing, the
city council may, by resolution, if it is found to be in the best interest of
the city, permit the construction of an industrial wastewater sewer extension
to lands outside the city limits. In such event, the city may, by contract,
impose upon the industrial discharger fees and charges, including, but not
limited to, connection, inspection and service fees and charges, greater than
those set forth in this chapter. Further, in such event, the city may, by
contract, impose upon the industrial discharger rules, regulations and
procedures more stringent or restrictive than those set forth in this chapter,
as may be necessary in the best interest of the city. A violation by the
industrial discharger of any term or provision of such contract shall be deemed
to constitute a violation of this chapter, entitling the city to all
enforcement remedies provided in this chapter, in addition to any such remedies
which may be available pursuant to such contracts or pursuant to law.
III CHARGES AND FEES
14.08.250 Rates and charges, rules
and regulations--Set by council resolution. The rates and charges for sewer
service rendered by the city, and rules and regulations relating to the
conditions under which such sewer service shall be provided by the city, shall
be fixed and established from time to time by resolution of the council.
14.08.260 Connection--payment of charges. A. Sewer connection fees on
both new buildings and remodels shall be due and payable at the time a building
permit is requested for that work of improvement; when the amount thereof is to
be based on the number of water closets to be constructed, that number shall be
as shown on the plans, except as provided in subsection B of this section.
B.
The building official may defer the payment of the connection fee, if at the
time of applying for a building permit, the owner certifies that the rough plumbing
for a water closet is for future use or expansion only, that it will not
immediately be placed into service, and requests a deferral of the payment of
the connection fee until the finish plumbing is installed and the water closet
is placed into service. If the fee is deferred in this manner, the fee shall be
due and payable prior to placing the water closet into service. If the property
owner makes such an installation, or places the water closet into service,
prior to payment of the deferred connection fee, a penalty equal to one hundred
percent thereof shall be levied against such owner. The amount of any deferred
connection fee shall be the amount required by the city at the time of payment,
rather than the original amount which was deferred.
C.
This section shall not apply to residential dwelling units.
14.08.270 Water pollution control
facility--Funding--Requirements. A. The purpose of Sections 14.08.270 through
14.08.380 is to provide a system of charges to assure that each recipient of
waste treatment services will pay his, her or its proportionate share of the
costs of operation, maintenance, initial capital investment and capital reserve
accruals (wastewater capital investment fund). “Initial capital investment,”
within the meaning of Sections 14.08.270 through 14.08.380, refers to the
direct initial capital costs incurred by the city in the construction of the
water pollution control facility exclusive of the initial grant funds provided
by the United States government, the state and either or both of them.
B.
The elements of the Weed water pollution control facility sought to be funded
by Sections 14.08.270 through 14.08.380 are the following:
1. Water pollution control facility, per Se;
2. Collection system, repair of existing
lines;
3. Collection system, replacement and
additions;
4. Collection system, replacement and
additions for future capacity.
14.08.280 Water pollution control
facility--Funding--Sources. The funding of all costs related to the Weed water
pollution control facility shall be from four sources; connection charges, a
basic service charge, industrial cost recovery fees, and charges for the
retirement of debts for existing facilities.
14.08.290 Connection charges. The total charges for
initial connection of residential and other users to the city sewage system
shall include a connection to main fee and charges for capital costs of the
system.
A.
Connection Fees. The connection to the main fee shall be a minimum of two
hundred dollars. The charges for capital costs of the sewerage system will be
based on an established fee of two thousand dollars (household equivalent base
rate) , effective on each July 1st, according to
changes in the Consumer Price Index as follows:
The
index for computing the adjustment is the San Francisco-Oakland-San Jose Index
for all Urban Consumers published by the United States Department of Labor,
Bureau of Labor Statistics (1982-84 = 100) The base under that index shall be
the figure published for April, 1992.
B.
Additions to Existing Businesses. The household equivalent base rate and
household equivalent multipliers shall be applied to any covered plumbing
facilities which are added to existing businesses.
C.
Sewer Connection Charge Equivalent Rate Structure. The city council finds that
the connection charge equivalent rate structure set forth below reasonably
reflects the actual costs of same to the city.
Item
and Description Household
Multiplier
Apartment
1 bedroom .62
2 bedroom
.75
3 bedroom
.88
Barber
and beauty shops:
water closets,
each
1.00
barber/beauty shop chair,
each .30
Bowling
alleys (no food service)
lanes, each
.17
Churches:
sanctuary, seat,
each
.01
Clubs
and lodges:
water closets, each .42
kitchen sinks,
each
.42
dishwasher
connection or slop sink, each
.30
College
buildings/facilities:
private water
closets, each 1.00
public water
closets, each
1.33
urinal, each
.50
kitchen sinks,
each
1.00
dishwasher
connection or slop sink, each .30
Dormitories/boardinghouses:
occupants, each .25
Food
service operations:
private water
closets, each
1.00
public water
closets, each 1.33
urinal, each
.50
kitchen sinks,
each
1.00
dishwasher
connection or slop sink, each
.30
Hospitals
(no resident personnel)
beds, each .50
Laundries
(coin-operated)
washing machines,
each
1.00
Mobile
homes and mobile home parks:
mobile home spaces,
each
1.00
public washing
machines, each
1.00
Motels
and hotels:
rooms with bath,
each
.30
rooms without bath,
each
.17
public showers,
each 1.25
Nursing
and rest homes:
occupants, each .25
Office
buildings:
occupants per
office, room or work station, each
.05
Recreational
vehicles and trailer park:
spaces with sewer
connection, each
.30
spaces without sewer
connection, each .17
public showers,
each
1.25
washing machines,
each
1.00
dump stations,
spaces without sewer connections
.05
Retail
stores:
private water
closets, each
1.00
public water
closets, each
1.33
Schools:
elementary, per
pupil
.03
high school and
junior high, per pupil
.05
Service
stations:
water closets,
each
1.00
wash racks,
each
1.25
Single-family
dwellings:
family units,
each 1.00
Swimming
pools:
without hot water
shower, swimmers* each
.008
with hot water
showers, swimmers* each
.012
(* maximum allowable occupancy)
Theaters/public
meeting halls:
private water
closets, each
1.00
public water
closets, each
1.33
urinals, each
.50
Industrial
wastes:
fees to be
determined on a case-by-case basis
Business
or industries not specifically enumerated above:
household multiplier
to be negotiated by city.
D.
Calculation of Total Connection Charge. Example: In order to determine the
total connection charge, the household equivalent base rate is multiplied by
the household equivalent multiplier. For example, a food service operation with
three public water closets, one kitchen sink and one dishwasher is computed as
follows:
3 water
closets x 1.33 x $2,000.00 (base rate) = $ 7,980.00
1 kitchen
sink x 1.00 x 2,000.00 = 2,000.00
1
dishwasher x 0.03 x 2,000.00 = 600.00
$10,580.00
estimated charge for city labor and materials
to make the
physical connection $ 200.00
Total connection charge $10,780.00
E.
Negotiated Charges. As an incentive to business development, and to reflect the
fact that the true cost to the city of connections to some businesses may not
always be accurately reflected in the published schedules, the city council
reserves the right to defer the connection fees, capital costs, and other
charges for major projects within the system.
The
deferment of payment shall be evidenced by a written agreement executed by the
parties.
Deferments
hereunder shall not exceed seven years as follows: no payment is due the first
year; payments thereafter will be billed in equal interest free annual
installments at the commencement of the second and third years; payment
thereafter will be billed with interest in equal annual installments at the
commencement of the fourth, fifth, sixth and seventh years. Interest rates will
be prime at First Interstate Bank. There is no penalty
for prepayment.
For
the purposes of this subsection, a “major project” is defined as one which, in
the opinion of the city council, is likely to result in any of the following:
1. Full-time employment, or equivalent, in
excess of ten persons at any time during the first twelve months of operation;
2. Sales tax revenues to the city during the
first twelve months in an amount greater than the scheduled total connection
charge as provided in subsection A of this section;
3. Significant transient occupancy tax (TOT)
revenues or other benefit to the city.
Nothing
herein shall obligate the city council to negotiate charges which differ from
the published rates. The decision of the city council in all matters related to
this subsection shall be final.
F.
Labor and Materials. In addition to connection fees hereinabove, the customer
will be charged for actual labor and materials used in making the physical
connection from the main to the customer’s line. Unless prior to having the
connection made the customer has requested and received an estimate of charges
from the director of public works, the customer shall be billed for actual time
and materials.
14.O8.300 Basic service charges. The basic service charge shall be
computed annually by adding all costs of operation and maintenance to the
annual amount set aside for capital reserve accrual, and the annual amount
necessary to amortize the initial capital investment of the city over a period
of forty years; the sum of all such expenses being then apportioned in
accordance with the following:
The
basic user rates are derived from the following formula:
Cu = 1.1(CovVu + CobBu) + (CdvVu + CdbBu) + CiiNcu + CaaFaa
Where:
Cu = Annual rate to he charged to user (dollars)
Vu = Annual volume contributed by user
(million gallons)
Bu = Annual B.O.D. contributed by user
(pounds)
Cov = Annual unit
cost of operation and maintenance attributable to volume ($/MG)
Cob = Annual unit cost of operation and
maintenance attributable to B.O.D. ($/lb)
Cdv = Annual unit
cost of debt service attributable to volume ($/MG)
Cdb = Annual unit
cost of debt service attributable to B.O.D. ($/lb)
Cii = Annual unit
cost of handling infiltration and inflow ($/equivalent connection)
Caa
= Annual unit cost of administration and accounting (dollars)
Ncu = Number of
equivalent service lateral connections of user (a rational factor based on one
normal residential building having Ncu = 1)
Faa
= A rational factor for allocating administrative and accounting costs
(fixed-rate users, Faa = 1.0 per account;
variable—rate users, Faa = 2.0; apartment buildings, Faa = 2.0; schedule on file in the office of the city
clerk.).
14.08.310 Industrial cost recovery
fees. In addition to the basic user rate, industrial users will be charged
industrial cost recovery fees which must be collected by the city and repaid to
the
Cicr = $146.65 Vu
+ $0.010090 Bu.
For
the purposes of this section, “industrial user” means any user who contributes
more than twenty—five thousand gallons of wastewater per day, or more than
forty-two pounds of B.O.D. or of suspended solids per day.
14.08.330 Statements required for
determination of charges. A. The city administrator and the city council
may require of any person who applies for connection to, or whose premises are
connected with, the sewer system of the city to file a statement or affidavit
for the guidance of the city administrator, and the city in ascertaining the
amount of the service charge or rental payable under Sections 14.08.270 through
14.08.380, which statement or affidavit shall contain the information as may be
required. A failure of such person to file such statement or affidavit
containing the information requested or required is a violation of Sections
14.08.270 through 14.08.380.
B.
No statement or affidavit shall be deemed conclusive as to the matters set
forth therein nor shall the filing of the same preclude the city from
collecting by appropriate action such sum as is actually due and payable under
the provisions of Sections 14.08.270 through 14.08.380.
C.
The information furnished or secured pursuant to this section shall be
confidential and any unwarranted disclosures or use of such information by any
officer or employee of the city, constitutes a
misdemeanor, and such officer or employee shall be subject to the penalty
provisions of Sections 14.08.270 through 14.08.380 for the violation of this
section.
14.08.340 Payment of bills. A. Periodic bills are due
and payable on the date of presentation and become delinquent fifteen days
after presentation. Payment may be made at the city clerk’s office or by mail.
B.
Ten percent is added to the total amount of each bill as follows:
1. For billing dated the first day of the
month, ten percent will be added on the fifth day of the following month after
presentation;
2. For billing dated
the fifteenth day of the month, ten percent will be added on the twentieth day
of the following month after presentation.
C.
Closing bills, if service is closed or discontinued, are due and payable on the
date of presentation.
14.08.350 Delinquent payments--penalty fee. On charges specified in Sections
14.08.270 through 14.08.380, there shall be a basic penalty of ten percent of
each month’s charges for the first month delinquent. In addition to the basic
penalty, there shall be a further penalty of one—half of one percent per month
for nonpayment of the charges and basic penalty.
14.08 .360 Delinquent pavments--Lien---Disconnection. Any charge or rental
levied by the city or pursuant to the provisions of Sections 14.08.270 through
14.08.380 on any premises within the corporate limits of the city having a
connection to the city sewer system is a lien upon such premises. The city
administrator is authorized, and it shall be his duty, to disconnect any sewer
connection on premises located either within the corporate limits of the city
or outside the corporate limits of the city upon failure of the person to whom
such rental is charged or billed to pay such charge or rental prior to
delinquency.
14.08.370 Service
disconnection——Procedure. A. A customer’s sewer service may be discontinued
(shut off) if the total charges on a customer’s bill are not paid by forty-five
days following the date of presentation.
B.
When a disconnect notice has been presented to a customer, all outstanding
bills, up to and including the current bill, must be paid or all of the utility
services will be discontinued as provided in this section.
C.
All charges for garbage and rubbish service, water service, sewer service and
any other service rendered by the city, may be billed upon the same bill and
collected along with any ten percent charges as designated in subsection B of
Section 4.08.340 and subsection A of this section, as one total item. If all or
part of the bill is not paid, any or all of the services for which the bill is
rendered may be discontinued.
14.08.380 Service disconnection-—Reestablishment. When sewer service has been
disconnected as provided in Sections 14.08.360 and 14.08.370, the city
administrator may require that a sum equal to two years monthly service charges
shall be deposited with the city clerk, in cash (such deposit to be returned
after a three—year period of nondelinquent payment of
service charges. Any one month delinquent will cause this period to commence
again.) In addition, a fifty—dollar connection fee shall be paid before service
is resumed.
14.08.390 Fees and
charges——Recordation. The city clerk shall keep a permanent and accurate
account of all fees and charges received under this chapter, giving the names
and addresses of the persons on whose account the fees and charges were paid,
the date and amount thereof, and the purpose for which charges were paid.
14.08.400
Fees
and charges——Estimates. Unless otherwise provided in this chapter, whenever the fees
and charges required by this chapter are based on estimated values or estimated
quantities, the director shall make such determinations in accordance with
established estimating practices.
14.08.410 Fees and
charges--Delinquency fee. All fees and charges imposed under the provisions
of this chapter, except Sections 14.08.250 through 14.08.380 are due and
payable upon receipt of the notice of charges. Unpaid charges shall become
delinquent twenty days after mailing or delivering the notice of charges. A
basic penalty charge of twenty percent of the unpaid amount shall be added to
any fee or charge that becomes delinquent. Interest at the rate of one—half
percent per month shall accrue on the total of all delinquent charges plus all
penalty charges.
IV INDUSTRIAL WASTEWATERS
14.08.420 Permit——Requirements.
A. No person shall discharge or cause to be discharged any industrial
wastewaters directly or indirectly to sewerage facilities owned by the city
without first obtaining a city permit for industrial wastewater discharge.
B.
The permit for industrial wastewater discharge may require pretreatment of
industrial wastewaters before discharge, restriction of peak flow discharges,
relocation of point of discharge, prohibition of discharge of certain
wastewater components, restriction of discharge to certain hours of the day,
payment of additional charges to defray increased costs of the city created by
the wastewater discharge and such other conditions as may be required to
effectuate the purpose bf this chapter.
C.
No city permit for industrial wastewater discharge is transferable without the
prior written consent of the director.
D.
No person shall discharge industrial wastewaters in excess of the quantity or
quality limitations set by the permit for industrial wastewater discharge. Any
person desiring to discharge wastewaters or use facilities which are not in
conformance with the industrial wastowater permit
shall apply to the city for an amended permit.
14.08.430 Permit——Application-—Form
and processing. A. Applicants for
a permit for industrial wastewater discharge shall complete a city application
form. The city may require additional information on the characteristics of the
wastewater discharge beyond that required on the application form.
B.
Upon receipt of all required information, the application shall be processed and,
upon approval, be signed by a representative of the city and one copy returned
to the applicant. When properly signed, the application form shall constitute a
valid permit for industrial wastewater discharge.
14.08.440 Permit——Application--Approval. The application will be
approved if the applicant has complied with all applicable requirements of this
chapter and furnished all information requested by the city, and if the
director determines that there is adequate capacity in the city’s facilities to
convey, treat and dispose of the wastewaters.
14.08.450 Permit——change of
restrictions, conditions. The city may change the restrictions or
conditions of a permit for industrial wastewater discharge from time to time as
circumstances may require. The city shall allow an industrial discharger a
reasonable period of time to comply with any changes in the industrial
wastewater permit required by the city.
14.08.460 Permit——Suspension--Process.
The director may suspend a permit for industrial wastewater discharge for a
period of not to exceed forty—five days when such suspension is necessary in
order to stop a discharge which presents an imminent hazard to the public
health, safety or welfare to the local environment or to the city’s sewerage
system.
Any
discharger notified of a suspension of his industrial wastewater permit shall
immediately cease and desist the discharge of industrial wastewater to the
sewerage system. In the event of a failure of the discharger to comply
voluntarily with the suspension order, the director shall take such steps as
are reasonably necessary to insure compliance.
14.08.470 Permit——Suspension--Hearing.
A. Any suspended discharger may file with the director a request for hearing,
in which event the city council shall meet within twenty days of the receipt of
the director of such request. The council shall hold a hearing on the
suspension and shall either confirm or revoke the action of the director.
Reasonable notice of the hearing shall be given to the suspended discharger in
the manner provided for in Section 14.08.670. At this hearing the suspended
discharger may appear personally or through counsel, cross examine witnesses,
and present evidence in his own behalf.
In
the event that the council fails to meet within the time set forth in
subsection A or fails to make a determination within a reasonable time after
the close of the hearing, the order of suspension shall be stayed until a
determination is made either confirming or revoking the action of the director.
B.
The director shall reinstate the industrial wastewater permit upon proof of
satisfactory compliance with the discharge requirements of the city.
14.03.480 Permit——Revocation--Procedure.
A. The city council may revoke a permit for industrial wastewater discharge upon
a finding that the discharger has violated any provisions of this chapter. No
revocation shall be ordered until a heating on the question has been held by
the city council. At this hearing, the discharger may appear personally or
through counsel, cross examine witnesses and present evidence in his own
behalf. Notice of the hearing shall be given to the discharger in accordance
with Section 14.08.670 at least fifteen days prior to the date of hearing.
B.
Any discharger whose industrial wastewater permit has been revoked shall
immediately stop all discharge of any liquid carried wastes covered by the
permit to any public sewer that is tributary to a sewer or sewerage system of
the city. The director may disconnect or permanently block from such public sewer
the industrial connection sewer of any discharger whose permit has been revoked
if such action is necessary to insure compliance with the order of revocation.
14.08.490 Permit——Revocation--Reapplication
Before any further discharge of industrial wastewater may be made by a
discharger whose permit has been revoked, he must apply for a new city permit
for industrial wastewater discharge, pay all charges that would be required
upon initial application, together with all delinquent fees, charges and penalties
and such other sums as the discharger may owe to the city. Costs incurred by
the city in revoking the permit and disconnecting the industrial connection
sewer shall be paid for by the discharger before issuance of a new permit for
industrial wastewater discharge.
14.08.500 Prohibited
discharges-—Determination. In most cases, the concentration or amount of
any particular constituent which will be judged to be excessive or unreasonable
cannot be foreseen but will depend on the results of technical determinations
and the actions of regulatory agencies. The list of constituents which may be
regulated provides specific limits only where they are now reasonably well
established. The other constituents in the list are presented with the
objective of enumerating the types of wastes which will be regulated from time
to time.
14.08.510 Prohibited discharges——Designated. No person shall discharge or cause to be
discharged to the city’s sewerage system, or to any sewer which directly or
indirectly connects to the city’s sewerage system, the following
wastes:
1. Any gasoline, benzene, naphtha, solvent,
fuel oil or any liquid, solid or gas that would cause or tend to cause
flammable or explosive conditions to result in the sewerage system;
2. Any waste containing toxic or poisonous
solids, liquids or gases in such quantities that, alone or in combination with
other waste substances, may create a hazard for humans, animals or the local
environment, interfere detrimentally with wastewater treatment processes, cause
a public nuisance, or cause any hazardous condition to occur in the sewerage
system;
3.
Any waste having a pH lower than 6.0 or having any corrosive or detrimental
characteristic that may cause injury to wastewater treatment or maintenance
personnel or may cause damage to structures, equipment or other physical
facilities of the sewerage system;
4.
Any solids or viscous substances of such size or in such quantity that they may
cause obstruction to flow in the sewer or be detrimental to proper wastewater
treatment plant operations. These objectionable substances include, but are not
limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial
process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole
blood, paunch manure, bones, hair and fleshings,
entrails, paper dishes, paper cups, milk containers or other similar paper
products, either whole or ground;
5.
Any rainwater, storm water, groundwater, street drainage, subsurface drainage,
roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays,
or any other uncontaminated water;
6.
Any water added for the purpose of diluting wastes which would otherwise exceed
applicable maximum concentration limitations;
7.
Any nonbiodegradable cutting oils, commonly called
soluble oil, which form persistent water emulsions;
8.
Any excessive concentrations of nonbiodegradable oil,
petroleum oil or refined petroleum products;
9.
Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable
oil in excessive concentrations that would tend to cause adverse effects on the
sewerage system;
10.
Any waste with an excessively high concentration of cyanide;
11.
Any unreasonably large amounts of undissolved or
dissolved solids;
12.
Any wastes with excessively high BOD, COD or decomposable organic content;
13.
Any strongly odorous waste or waste tending to create odors;
14.
Any wastes containing over 0.1 milligram/liter of dissolved sulfides;
15.
Any wastes with a pH high enough to cause alkaline incrustations on sewer
walls;
16.
Any substance promoting or causing the promotion of toxic gases;
17.
Any waste having a temperature of one hundred twenty degrees Fahrenheit or
higher;
18.
Any wastes requiring an excessive quantity of chlorine or other chemical
compound used for disinfection purposes;
19.
Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type
compounds;
20.
Any excessive amounts of deionized water, steam
condensate or distilled water;
21.
Any waste containing substances that may precipitate, solidify or become
viscous at temperatures between fifty degrees Fahrenheit and one hundred
degrees Fahrenheit;
22.
Any waste producing excessive discoloration of wastewater or treatment plant
effluent;
23.
Any garbage or waste that is not ground sufficiently to pass through a
three—eighth—inch screen;
24.
Any wastes containing excessive quantities of iron, boron, chromium, phenols,
plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic
or any other objectionable materials toxic to humans, animals, the local
environment or to biological or other wastewater treatment processes;
25.
Any blow down or bleed water from cooling towers or other evaporative coolers
exceeding one-third of the makeup water;
26.
Any single pass cooling water;
27.
Any excessive quantities of radioactive material wastes;
28.
Recognizable portions of the human anatomy.
No
person shall discharge or cause to be discharged to the city’s sewerage system,
or to any sewer which directly or indirectly connects to the city’s sewerage
system, any wastes which, in the opinion of the director, may have an adverse
or harmful effect on sewers, maintenance personnel, wastewater treatment plant
personnel or equipment, treatment plant effluent quality, public or private
property, or may otherwise endanger the public, the local environment or create
a public nuisance. The director, in determining the acceptability of specific
wastes, shall consider the nature of the waste and the adequacy and nature of
the collection, treatment and disposal system available to accept the waste.
14.08.520 Availability of city’s facilities. If sewerage capacity is not
available, the city may require the industrial wastewater discharger to
restrict his discharge until sufficient capacity can be made available. The
city may refuse service to persons locating facilities in areas where their
proposed quantity or quality of industrial wastewater is unacceptable in the
available treatment facility.
14.08.530 Pretreatment. An industrial wastewater
pretreatment system or device may be required by the director when it is
necessary to restrict or prevent the discharge to the sewer of certain waste
constituents, to distribute more equally over a longer time period any peak
discharges of industrial wastewaters, or to accomplish any specific
pretreatment result. All pretreatment systems or devices shall be subject to
the approval of the director prior to installation, but such approval shall not
absolve the industrial discharger of the responsibility of meeting any
industrial effluent limitation required by the city. In special cases, the
director may require construction of sewer lines by the discharger to convey
certain industrial wastes to a specific trunk sewer. All pretreatment systems
judged by the director to require engineering design shall have plans prepared
and signed by an engineer of suitable discipline licensed by the state.
Normally,
a gravity separation interceptor, equalizing tank, neutralization chamber and
control manhole will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater
streams varying greatly in quantity and quality, or quantity or quality, to
neutralize low or high pH flows and to facilitate inspection, flow measurement
and sampling. Floor drains from commercial or manufacturing buildings,
warehouses or multiuse structures shall not discharge directly to the sewer,
but shall first discharge to a gravity separation interceptor.
14.08.540 Separation of
wastewaters——Control manholes. A. All domestic or sanitary wastewaters from
toilets, lavatories, restrooms, showers, drinking fountains and like facilities
shall be kept separate from all industrial wastewaters until the industrial
wastewaters have passed through any required pretreatment system or device.
B.
A control manhole of a design approved by the director shall be furnished and
installed by certain designated industrial wastewater dischargers to facilitate
inspection, sampling and flow measurements by personnel of the city. This
control manhole shall be located off the industrial premises or, if within the
plant fence, the manhole shall be accessible to authorized personnel of the
city at all times. The control manhole may be used as a junction manhole for
domestic sewerage and industrial wastes; provided the junction occurs
downstream of the sampling or flow measuring point.
14.08.550 Sampling, analysis, flow measurements. A. Periodic measurements of
flow rates, flow volumes, COD and suspended solids for use in determining the
amount of the industrial wastewater treatment surcharge and such measurements
of other constituents believed necessary by the director shall be made by all
industrial wastewater dischargers, unless specifically relieved of such
obligation by the director. All sampling, analysis and flow measurements of
industrial wastewaters shall be performed by a state certified independent
laboratory, by a laboratory of an industrial discharger approved by the
director, or by personnel of the city. If performed by city personnel, an
appropriate charge shall be paid by the discharger requesting the test. Prior
to submittal to the city of data developed in the laboratory of an industrial
discharger, the results shall be verified by a responsible administrative
official of the industrial discharger under penalty of perjury.
B.
All wastewater analyses shall be conducted in accordance with the appropriate
procedure contained in “Standard Methods.” If no appropriate procedure is
contained therein, the standard procedure of the industry of a procedure judged
satisfactory by the director shall be used to measure wastewater constituents.
Any independent laboratory or discharger performing tests shall furnish any
required test data or information on the test methods or equipment used, if
requested to do so by the director.
C.
All dischargers making periodic measurements shall furnish and install at the
control manhole or other appropriate location a calibrated flume, weir, flow
meter or similar device approved by the director and suitable to measure the
industrial wastewater flow rate and total volume. A flow indicating, recording
and totalizing register may be required by the director.
D. The sampling,
analysis and flow measurement procedure, equipment and results shall be subject
at any time to inspection by the city. Sampling and flow measurement facilities
shall be such as to provide safe access to authorized personnel.
E.
Those industrial wastewater dischargers required by the director to make
periodic measurements of industrial wastewater flows and constituents shall
annually make the minimum number of such measurements required. The minimum
requirement for such periodic measurements shall be at least one
twenty—four—hour measurement per year, the date of such measurement to be
selected by the director. Representative samples of the industrial wastewater
shall be obtained at least once per hour over the twenty—four—hour period,
properly refrigerated, composited according to measured flow rates during the
twenty—four hours and analyzed for the specified wastewater constituents.
Industrial plants with large fluctuations in quantity or quality of wastewater
may be required to provide continuous sampling and analysis for every working
day. When required by the director, dischargers shall install and maintain in
proper order automatic flow—proportional sampling equipment and automatic
analysis and recording equipment, or any one or more of them.
F.
Measurements to verify the quantities of waste flows and waste constituents
reported by industrial dischargers will be conducted on a random basis by
personnel of the city.
14.08.560
Discrepancies between actual and reported industrial wastewater discharge
quantities.
A. Should measurements or other investigations reveal that the industrial
discharger is discharging a flow rate, or a quantity of flow, BOD, chemical
oxygen demand, or suspended solids significantly in excess of that stated on
the industrial wastewater permit or in excess of the quantities reported to the
city by the discharger and upon which the industrial wastewater treatment
surcharge is based, the discharger shall apply for an amended industrial
wastewater permit and shall be assessed for all delinquent charges together
with the penalty and interest provided for in Section 14.08.640. Before these
charges shall be assessed, at least two additional twenty-four—hour samples and
flow measurements shall be obtained by the city with all costs of sampling and
analysis to be paid by the discharger.
B. Per the purpose of establishing the correct treatment surcharge, the data obtained in these samplings, along with any other relevant information obtained by the city or presented by the discharger, shall be used by the director in determining the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter.
14.08.570 Industry classification. The director may classify
dischargers and establish an industrial wastewater treatment surcharge based upon
average flow quality and flow quantity for the industrial category adjusted by
some commonly recognized parameter selected by the director that establishes
the relative size of the industrial discharger being charged.
14.08.580 Damage caused by prohibited wastewater discharge. Any industrial wastewater
discharger who discharges or causes the discharge of prohibited wastewaters
which cause damage to city’s facilities, detrimental effects on treatment
processes or any other damages resulting in costs to the city shall be liable
to the city for damage occasioned thereby.
V TRUCKER’S DISCHARGE PERMIT
14.08.590 Required. All
persons owning vacuum or cesspool pump trucks or other liquid waste transport
trucks and desiring to discharge septic tank, seepage pit, interceptor or
cesspool contents, industrial liquid wastes or other liquid wastes to sewerage
facilities of the city or to facilities that discharge directly or indirectly
to such sewerage facilities shall first have a valid city’s trucker’s discharge
permit. All applicants for a truckers discharge permit shall complete the
application form, pay the appropriate fee, receive a copy of the city’s
regulations governing discharge to sewers of liquid wastes from trucks and
shall agree, in writing, to abide by these regulations.
14.08.600 Validity. The trucker’s discharge
permit shall be valid for one year from date of issuance.
14.08.610 Discharge locations. Discharge of septic tank,
seepage pit, interceptor or cesspool contents or other wastes containing no
industrial wastes may be made by trucks holding a city permit at any of the
city’s designated public dumping manholes. Truck transported industrial wastes
shall be discharged only at the locations and during the time periods specified
by the director for the specific waste. The city may require payment for
treatment and disposal costs or may refuse permission to discharge certain
prohibited wastes.
14.08.620 Revocation. Any person negligently or
willfully violating the city’s requirements for liquid waste discharges from
trucks shall be in violation of this chapter and may have his permit revoked by
the director.
VI VIOLATIONS AND ENFORCEMENT PROVISIONS
14.08.630 Trade secrets. In respect to the trade
secrets, it is determined that the public interest served by not making said
records public clearly outweighs the public interest served by the disclosure
of said records. Accordingly, any trade secrets acquired by the city in the
course of implementation or enforcement of this chapter shall not be made
public except to the extent necessary to enforce this chapter.
14.08.640 Malicious
damage to city’s facilities. Any unauthorized entering, breaking, damaging,
destroying, uncovering, defacing or tampering with any structure, equipment or
appurtenance which is a part of the city’s sewerage system shall be a violation
of this chapter.
14.08.650 Amendments. At least thirty days before
any formal consideration of an amendment to the ordinance codified in this
chapter, the director shall notify, in writing, each public corporation
performing as a local sewering agency. Such notice
shall also be mailed to any person who has filed a request for notification.
The notice shall contain a brief description of the nature of the amendment to
be considered and the time and place when formal action will be taken.
14.03.660 Time limits. Any
time limit provided in any written notice or in any provision of this chapter
may be extended only by a written directive of the director of public works.
14.08.670 Notice. A. The director shall notify any person
found to be in violation of this chapter or of any limitation or requirement of
a permit issued under this chapter before the director takes any action to
implement Sections 14.08.480, 14.08.490 and 14.08.690, the director shall take
no such action until the elapse of ten days from the date notice is given.
B.
Unless otherwise provided in this chapter, any notice required to be given by
the director under this chapter shall be in writing and served in person or by
certified mail. If served by mail, the notice shall be sent to the last address
known to the director. Where the address is unknown, service may be made upon
the owner of record of the property involved.
14.08.680 Reconsiderations—-Appeals. A. Any permit applicant,
permit holder, authorized industrial wastewater discharger or other discharger
adversely affected by any decision, action or determination made by the
director in interpreting or implementing the provisions of this chapter or any
permit issued pursuant this chapter, may file with the city council a written
request for reconsideration. Such request shall be acted upon by the city
council within forty—five days from the date of filing.
B.
The written appeal shall state all the pertinent aspects of the matter, and
shall be accompanied by a fee of two hundred dollars, which shall be refunded
if the appeal is sustained. Within forty—five days after the written appeal is
received, the city council shall hold a hearing on this matter. At this
hearing, the discharger may appear personally or through counsel, cross examine
witnesses, and present evidence in his own behalf. Notice of the hearing shall
be given in accordance with Section 14.08.670 at least fifteen days prior to the
date of hearing. Within forty-five days after the hearing is closed, the city
council shall make a final ruling on the appeal.
14.08.690 Enforcement. The city administrator is
charged with the administration of the sewer system of the city and with the enforcement
of all of the provisions of this chapter. The chief of police and all police
officers of the city shall also enforce the provisions of this chapter.
14.08.700 Notice of
violation-—Authority to disconnect. In the event of a violation of any of the
terms of this chapter, the city administrator shall notify, in writing, the
person causing, allowing or committing such violation, specifying the violation
and the time after which, upon the failure of such person to prevent or rectify
the violation, the city administrator will exercise its authority to disconnect
the property served by the city sewer system; provided, however, that such time
shall not be fewer than five days after the deposit of such notice in the United
States post office at Weed, California, addressed to the person to whom notice
is given; provided, however, that in the event such violation results in a
public hazard or menace, then the city administrator may enter upon the
premises without notice, and do such things and expend such sums as may be
necessary to abate such hazard; and the reasonable value of things done and the
amounts expended in so doing shall be a charge upon the owner so in violation. Cord.
14.08.710 Penalty for violation. All violations of this
chapter which are by the terms of this chapter designated as misdemeanors shall
be punished as provided by Section 1.20.030; and all other violations of this
chapter are denominated infractions and shall be punished as provided by Section
1.20.040.
14.08.720 Violation——Penalty.
A. Every person violating any provision of this chapter, including the failure
to pay any fees, charges or surcharges imposed by ordinance of the city, or any
condition or limitation of a permit or plan approval issued pursuant thereto is
guilty of a misdemeanor, and upon conviction is punishable by a fine of not to
exceed one hundred dollars, imprisonment not to exceed thirty days, or both.
B.
Each day during which any violation continues constitutes a separate offense
punishable as provided above.
C.
Any person, who intentionally or negligently violates any provision of this
chapter pertaining to the subject matter of either subdivisions 1 or 2 or any
condition or limitation of a permit or plan approval related thereto, shall be
civilly liable to the city in a sum of not to exceed six thousand dollars for
each day in which such violation occurs.
1. The pretreatment of any industrial
wastewater which would otherwise be detrimental to the treatment works of its
proper and efficient operation and maintenance;
2. The prevention of the entry of such
wastewater into the collecting system and treatment works.
D.
In the event of such violation, the city shall, upon authorization of its
council, petition the superior court or such other court as shall, under the
laws of the state, have jurisdiction in the premises, to impose, assess and
recover such sums.
Chapter 14.12
CITY LANDFILL
Sections:
14.12.010
Designated.
14.12.020 Operator--contracted by city.
14.12.030 Operator--Authority.
14.12.040 Rules and regulations.
14.12.050
Charges at landfill site.
14.12.060 Disposal of tires.
14.12.070 Constitutionality.
14.12.080
Violation——penalty.
14.12.010 Designated. The city
landfill shall be that area located as follows: South 1/2 of N.E. 1/4 and N.E.
1/4 of S.E. 1/4 of Section 6, Township 41 North Range 4 West, MDMB.
14.12.020 Operator--contracted by city. Operation of the city
landfill, as described in Section 14.12.010 of this chapter, shall be, at the
option of the city, in the hands of an independent operator, whose services
shall be contracted for by the city, or by city itself.
14.12.030 Operator--Authority. The landfill operator shall
have full authority to direct landfill operations an any
manner he/she sees fit, subject to the rules, regulations and rate charges
provided for in Section 14.12.040 of this chapter, and shall have full salvage
rights and authority to enter into any arrangements for salvage without rendering
account.
14.12.040 Rules and regulations. Rules and regulations for
the sanitary operation of the landfill shall be formulated by the city council,
together with rate schedules to be charged for the use of said site for dumping
purposes; such rules and regulations and rates shall be posted at the building
occupied by the landfill operator at the landfill site, and shall also be
available at the office of the city clerk.
14.12.050 Charges at landfill site.
A. The owner or operator of every vehicle is subject to the following fees for
the disposal of special waste:
Definition of type Additional
of
waste material Fee Requirements
Waste consisting of tree $1.00 per Waste must be segregated
stumps, concrete,
brush, cubic yard from all other wastes.
bark,
construction or part
materials, debris
and thereof
furniture
White goods (e.g. washers, $1.00 each Doors or hinges must be
dryers,
refrigerators and
removed prior to dumping
water
heaters) to
prevent latching or
locking of the door.
B.
The landfill operator or operator’s personnel shall determine the yardage of
special wastes subject to a fee at the landfill. All wastes shall be dumped at
site or sites designated by site operator or operator’s personnel. All fees
shall be paid prior to dumping.
14.12.060 Disposal
of tires. No tire shall be disposed
of at landfill unless such tire is whole and without rims. Payment for the
disposal of tires shall be made to the operator or his designated employee
prior to the disposal of any such tire, as follows:
Tire Size Price per tire
Tire size Price fler tire
16”
or smaller, 12” or less in width $ 1.00
16.5” to 19.5”. 12” or less in width, 32” or less in
height 1.50
20”
to 1100x24.5”, 12” or less in width 5.00
Any
tire exceeding 12” in width and less than 24.5” in size 5.00
Any
tire exceeding 24.5 in size 10.00
14.12.070 Constitutionality. If any section, subsection,
sentence, clause or phrase of the ordinance codified in this chapter is for any
reason held to be unconstitutional, such decision shall not affect the validity
of the remaining portion of the ordinance codified in this chapter. The city
council declares that it would have passed the ordinance codified in this
chapter and each section, subsection, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, clauses or phrases be
declared unconstitutional.
14.12.080 Violation--Penalty. It is unlawful for any
person to disobey or evade the directions and instruction of the landfill
operator in all or any operations connected with dumping at the city landfill
site. It is also unlawful for anyone to dump, dispose of or leave at the
landfill site any refuse, junk, waste matter or materials of any type in the
absence of the landfill operator or at any hour not included within the hours
of operation of the city landfill, as posted at the site and available at the
office of the city clerk. Any person violating any of the provisions of this
chapter is guilty of an infraction. Every violation is punishable by a fine not
exceeding two hundred fifty dollars for a first violation, and a fine not
exceeding five hundred dollars for a second violation of the same section
within one year.
Chapter 14.16
MUNICIPAL PARKING FACILITIES
Sections:
14.16.010
Property designated.
14.16.020 Method of regulation.
14.16.030
Parking--Within designated spaces only.
14.16.040 Parking--Restrictions.
14.16.050 Use of entrance and exit.
14.16.060 Use of aisle.
14.16.070 Length of vehicles.
14.16.080 Trailers.
14.16.090 Enforcement.
14.16.100
Impoundment of vehicles parked longer than seventy-two hours.
14.16.110
Posting of information by chief of police.
14.16.120 Violation--Prima facie presumption of
guilt.
14.16.130 Violation--Penalty.
14.16.010 Property designated.
The city, a municipal corporation, is the owner and operator, as a public
municipal facility of the following off-street parking facilities:
A.
Parking Lot No. 1 consisting of all those certain premises situated in the
city, and which are particularly described as follows:
All that portion of the southeast quarter of the southeast quarter of Section 2, Township 41 north, Range 5 west, M.D.M., described as beginning at the southwest corner of Lot 1, Block 8 of the First Addition to Shastina as shown upon the official plat thereof filed in the office of the county recorder of Siskiyou County in Book 1, Town Maps, page 68; thence south S°00’ west along the east line of a twelve-foot alley one hundred twenty-five feet; thence south 82°00’ east eighty feet; thence north 8°00’ east one hundred twenty—five feet to the southeast corner of said Lot 1, Block 8; thence north 82°00’ west along the south line of said Lot 1, Block 8, eighty feet to the point of beginning.
B. Parking Lot No. 2 consisting of all those certain premises situated in the city, and which are particularly described as follows:
Lots 1, 2, and 3, Block 7, according to the map of First Addition to Shastina, filed in the Siskiyou County Recorders Office on February 11, 1920 in Liber 1 Town Maps, pages 68 and 105 therein. Assessor’s Parcel Nos. 060-301-050 and 060-301-060.”
C.
Such other and additional parking lots and municipal parking facilities as
shall from time to time be established by ordinance duly and regularly adopted
or by resolution of the city council.
14.16.020 Method of regulation. The method of regulation
and control of parking or standing of vehicles in public off—street parking
facilities and public off—street parking lots shall be determined by the city
council.
14.16.030 Parking——Within designated spaces only. All vehicles parked in a
municipal off—street parking lot shall be parked in suitable and designated
parking spaces.
14.16.040 Parking——Restrictions.
Parking spaces on public off—street parking lots shall be designated by lines
or other appropriate markings. When parking spaces are so designated, it shall
be unlawful for the operator of any vehicle to stop, stand or park said vehicle
other than in a regularly designated parking or loading space, across any such
line or marking, or in such position that said vehicle shall not be entirely
within the area so designated as a parking space. No vehicle shall be parked,
stopped, nor shall stand, either wholly or partially in any driveway or any
public or off—street parking lot, or in any manner which obstructs or
interferes with the free movement of vehicles in such driveway or in any manner
so as to obstruct or otherwise prevent or interfere with ingress to or egress
from any regularly designated parking space.
14.16.050 Use of entrance and exit. A. It is unlawful for any
person to enter any public off—street parking lot over any area or driveway or
the portion between any curb return which is not marked with the word
“Entrance” or otherwise indicated by arrows, signs or words that it is a
driveway or place for the entering of such parking lot.
B.
It is unlawful for any person to move any vehicle from any such parking lot
into any public way over any area except an area marked with the word “Exit” or
otherwise indicated by arrows, signs or words that is a driveway or place for
the leaving of such parking lot.
14.16.060 Use of aisle. It is unlawful for any
person to travel in the direction opposite to that designated in one—way
aisles. It is unlawful for any person to travel on the left side of an aisle
designated for any two—way traffic movement.
14.16.070 Length of vehicles. It is unlawful for any
person to stop, stand or park any vehicle having an overall length in excess of
twenty—one feet in any public off—street parking lot.
14.16.080 Trailers. It is unlawful for any
person to stop, stand or park any house, boat or truck trailer in any public
off—street parking lot.
14.16.090 Enforcement. The city police are
authorized and directed to check the parking spaces on municipal parking lots
for violation of Sections 14.16.030 through 14.16.080.
14.16.100 Impoundment of vehicles
parked longer than seventy—two hours. A. No vehicle or vehicles shall be
parked or stored by the owner, operator or person in charge thereof upon
municipal off—street parking facility for a time longer than a period of
seventy—two hours. Any vehicle so parked or stored for a period longer than
seventy—two hours shall be removed from the premises by the chief of police,
and shall be subject to a possessory and safe—keeping lien in favor of the
city, which lien shall attach to any vehicle or vehicles so parked.
B.
Any vehicle or vehicles removed for storage and safe keeping as provided in
this section shall be impounded subject to a possessory lien in favor of the city,
pursuant to the provisions of Section 22851 of the Vehicle Code, with the
following storage and removal charges and fees:
1. Actual towing and storage charges;
2. Payment of any fine imposed as provided by
this chapter.
C.
No vehicle shall be allowed by the chief of police or any policeman of the city
to be removed from the premises by the owner, operator or person in charge
until all charges and fees have been paid and discharged.
14.16.110 Posting
of information by chief of police. The chief of police shall post, in a
conspicuous place on municipal Parking Lot No. 1, information as he may deem
necessary for the proper management of the municipal off—street parking
facilities.
14.16.120 Violation——Prima facie presumption of guilt. In any prosecution charging
a violation of any of the provisions of this chapter governing the stopping,
standing or parking of a vehicle in any public off—street parking lot, proof
that the particular vehicle described in the complaint was stopped, standing or
parked in violation of any provision of this chapter, together with proof that
the defendant named in the complaint was at the time of such stopping, standing
or parking the registered owner of such vehicle, shall constitute in evidence a
prima fade presumption that the registered owner of such motor vehicle was the
person who stopped, left standing or parked such motor vehicle at the point
where and for the time during which such violation occurred, and that such
registered owner was the person who failed to make the payments upon the
notices provided for by this chapter.
14.16.130 Violation-—Penalty. Any person violating any of
the provisions of this chapter is guilty of an infraction. Every violation is
punishable by a fine not exceeding twenty—five dollars for the first violation,
a fine not exceeding fifty dollars for a second violation of the same section
within one year, and a fine not exceeding two hundred fifty dollars for each
additional violation of the same section within one year.
Chapter
14.18
GAS
FRANCHISE
Sections:
14.18.010 Short title.
14.18.020 Definitions.
14.18.030 Authority to grant franchise.
14.18.040 Exclusions.
14.18.050 Term of franchise.
14.18.060 Franchise fee.
14.18.070 Audit.
14.18.080 Supervision and enforcement.
14.18.090
Adequate supply—-Lowest reasonable cost——Restoration of service.
14.13.100 Compliance with California Public
Utilities Commission (P.U.C.) regulations.
14.18.110 Payment of expenses incurred by city in relation to franchise agreement.
14 18 010 Short title. The ordinance codified in
this chapter shall be known as the City of
14.18.020 Definitions. For the purpose of this
chapter, the following words and phrases shall have the meaning given in this
section:
When
not inconsistent with the context of this chapter, words used in the present
tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The words
“shall” or “will” are mandatory, and the word “may” is permissive. Words not
defined in this section shall be given their common and ordinary meaning.
“City”
means the municipal corporation designated as the city of
“Council”
or “city council” means the legislative body of the city of
“Facilities”
means all physical components of any franchisee which are reasonably necessary
to provide gas into, within and through the city for transportation,
distribution and sale and include, but are not limited to, plants, works,
systems, transmission and distribution structure, lines equipment, pipes,
mains, conduit, gas compressors and meters, underground lines, wires and
cables.
“Gas”
or “natural gas” means such gaseous fuels as natural, artificial, synthetic,
liquefied natural, liquefied petroleum, manufactured, or any mixture thereof,
but shall not mean any gas or petroleum product primarily used to power
vehicles of any nature.
“Gas
distribution facilities” means that portion of any franchisee’s gas system
reasonably necessary to provide for the transportation and sale of gas within
the city, and includes all physical infrastructure to the
point of delivery of the customer, and all devices connected to that system.
“Official
city representative” or “city administrator” means the Weed city administrator,
his/her successor in office or any officer or employee of the city designated
to act as the official city representative by the city administrator, his/her
successors, or said officer, each of whom shall be authorized to act on behalf
of the city under this franchise.
“Park”
or “park land” means a recreation area within the city owned,
maintained and designated as a park or park land by the city council.
“Public or dedicated easements” refer to and
are public easements created and available for use by investor—owned or other
public utilities for their facilities.
“Public
utilities commission” means the public utilities commission of the state of
“Residents”
means all persons, businesses, industry, governmental agencies and any other
entity whatsoever, presently located or to be hereinafter located, in whole or
in part, within the territorial boundaries of the city of
“Revenues”
means those amounts of money that any franchisee receives from its customers,
or from any source, for use of its facilities within the city by other entities
and from the sale of gas and the transportation of gas.
“Streets
and public places” means streets, alleys, viaducts, bridges, highways, avenues,
boulevards, roads, lanes and public rights—of—way that are located in the city.
14.18.030 Authority to grant franchise. Pursuant to pertinent
sections of the California Public Utilities Code, including but not limited to
§6001 et seq., and §6201 et seq., the city hereby declares its authority to
grant, subject to any conditions, terms and provisions agreed upon with any
potential franchisee, the right(s) to furnish, sell and distribute propane gas
within the city, to the city, and to all residents of, or business located
within, the city.
Such
authority shall include the authority to grant the right(s) to acquire,
construct, install, locate, maintain, operate and extend into, within and
through the city, all facilities reasonably necessary to furnish, sell and distribute
gas within the city, and the right(s) to make reasonable use of the streets and
other public places as may be necessary to carry out any agreement conveying
such right(s) entered into pursuant to this chapter.
Any
right(s) granted pursuant to this chapter shall be subject to the city’s
right(s) of usage for any municipal purposes, and shall further be subject to
zoning, subdivision, permitting, building code, or similar land use
requirements.
Any
right(s) granted pursuant to this chapter shall, unless otherwise articulated
in any specific franchise agreement, extend to all areas of the city as it is
now constituted, and to additional areas as the city
may increase in size by annexation or otherwise.
Any
right(s) granted pursuant to this chapter shall not constitute any waiver or
abdication of any of right(s) or obligation(s) conferred or imposed upon the
city under the statutes and/or constitutions of the state of California and the
United States, except as otherwise specifically set forth herein, or as may be
legally waived or abdicated pursuant to a written agreement entered into
pursuant to this chapter.
In
any agreement entered into pursuant to this chapter, the city shall expressly
retain the right(s) to use, control and regulate, through the exercise of its
police power, the use of city streets, public easements and other public
places, and the space(s) above and beneath them, and to impose such other
regulation(s) as may be determined by the city council to be necessary in the
exercise of its police power to protect the health, safety and welfare of the
public.
14.18.040 Exclusions. Any right(s) granted
pursuant to this chapter shall not constitute the granting of any right,
privilege or authority to engage in any other activity than such activity(ies) as may be
articulated in any agreement entered into pursuant to this chapter.
Any
right(s) granted pursuant to this chapter shall not constitute, and shall not
be deemed to be, exclusive franchise right(s), unless expressly articulated in
any agreement entered into pursuant to this chapter, and the city reserves the
right to itself to make or grant similar right(s) or grant similar right(s) to
any other person, firm or corporation.
14.18.050 Term of franchise. No franchise right(s)
granted, or purportedly granted, pursuant to this chapter or any written
agreement shall vest with any potential franchisee or be valid, unless:
A.
Such right(s) and agreement have been approved by majority vote of the city
council;
B.
The potential franchisee has filed with the city clerk a notice of written
acceptance of any terms agreed upon pursuant to this chapter; and
C.
Any such right(s) are approved by the city attorney.
14.18.060 Franchise fee. In consideration for the
grant of any franchise pursuant to this chapter, any potential franchisee shall
pay to the city either:
A.
A sum equal to three percent Broughton Formula or one
percent whichever is greater;
B.
Payment of one percent of all revenues received from the sale of gas, and from
the transportation of gas to customers within the city, and from revenues
accruing to any franchisee from any use of its utility facilities within the
city by other entities; or
C.
Sum or amount otherwise agreed to by the city and the franchisee.
Payment
of the franchise fee shall not exempt the franchisee from any lawful taxation
upon its property, or from sales and use taxes, and from fees and taxes that
are uniform and generally applicable to businesses alike.
14.18.070 Audit. The city administrator, or other authorized
city representative, shall have access to the books of any franchisee for the
purpose of auditing or checking to insure that the franchise fee has been
correctly computed and paid.
14.13.080
Supervision and enforcement. The city administrator, or other authorized
city representative, shall be designated in any agreement entered into pursuant
to this chapter to be the official of the city having full power and authority
to take appropriate action for and on behalf of the city and its inhabitants to
enforce the provisions of this chapter, and to investigate any alleged
violations or failure of any franchisee to comply with the provisions hereof,
or to adequately and fully discharge its responsibilities and obligations under
this chapter or any agreement entered into pursuant to this chapter. The
failure or omission of said official city representative to so act shall not
constitute any waiver or estoppels nor limit independent action by other city
officials.
14.18.090 Adeguate supply——Lowest
reasonable cost-—Restoration of service. Any franchisee granted
right(s) pursuant to this chapter shall at all times take all reasonable and
necessary action(s) to assure an adequate long—term supply of gas to its
customers at the lowest reasonable cost. If the supply of gas to city customers
should be interrupted, the franchisee shall take all necessary and reasonable
actions to restore such supply at the earliest practicable time. In the event
the company’s gas system is partially or wholly destroyed or incapacitated, the
company shall use due diligence to restore its system to satisfactory service
within the shortest practicable time.
14.18.100 Compliance with
California Public Utilities Commission (P.U.C.) regulations Any franchisee
granted right(s) pursuant to this chapter shall assure that the gas it
distributes meets with the minimum standards promulgated by the California
Public Utilities Commission, and such franchisee shall keep on file with the
city copies of P.U.C. rules regulating the service of gas utilities, and any
tariff provisions of the franchisee setting minimum standards for gas service,
as the same may be amended from time to time, and the city shall have access to
all records of the franchisee monitoring compliance with such standards. Prior
to final adoption by the city of this franchise agreement prepared pursuant to
this chapter, the franchisee shall file with the P.U.C. such amendments to its
tariffs as may be necessary to make its tariff provisions compatible with the provisions
of this chapter, and shall report to the city any changes that have been made
for this purpose.
14.18.110 Payment of expenses incurred by city in relation
to franchise agreement. At the city’s option, any potential franchisee may
be required to pay in advance, or reimburse the city for, expenses incurred
for: city staff time including attorney’s fees, the publication of notices, the
publication and codification of any supplemental ordinances, and any other
associated costs arising from the negotiations of any franchise agreement
contemplated pursuant to this chapter. None of the expenses paid or reimbursed
by the franchisee under this section shall be surcharged against city
ratepayers.