HomeMy WebLinkAboutOrd 396-1956 Tile No. 340}
AN ORDINANCE OF TI~ CITY OF dOtH SAN F~NCISCO YROVIDING
FOR SE~ER RENTALS A~ CHARGES IN SAID CITY; PROVIDING THAT
oUCH SEWER ~ALS ~D C~RGES S~LL BE COLLE~ED ON THE
~NICIPAL TAX ROLL ~ND SI~LL BECO~ A LIEN ~'ON
RESPECTIVE PAR~LS OF REAL PROPERTY; AND REPEALING
O~INANCE NO. 305 OF SAID CI~.
The City Council of the City of South San Francisco does
ordain as follows:
dection 1, Fursuant to the provisions of Division 5 (Article 4,
Chapter 6, Part 3 thereof) of the Health and Safety Code of the State
of California, the City of South San Francisco does hereby declare
that there shall be in force in said City a system of sewer rentals
and charges for all domestic, commercial, and industrial uses of the
municipal sewerage facilities of said City.
Section 2. For the purposes of this ordinance, the :following
definitions shall be applicable:
(a) The expressions "commercial concern" (or "com~ercial
estsblislu~ent"), "industry", "industrial concern" (or "indus'trial
establishment") shall apply to, and refer to, manufacturing,
producing, and processing operations of every kind or nature.
(b) The term "suspended solids" shall mean solids and
materials which, upon dilution with water or sewage, either float on
the surface of or are in suspension in water, sewage, or other liquids,
and which are removable by laboratory filtering· As used herein,
"suspended solids" shall be expressed in terms of dry weight and in
parts per million by weight.
(c) The expressions "commercial concern" (or "comr~ercial
establishment") and "industrial concern" (or "industrial establis5-
ment") shall apply to, and include, indivifluals, partnerships, co-
operatives, corporations, or other type of organi~.~ation or fir]~
engaged in the conduct of a commercial or industrial establishment.
Section 3. The amounts to be assessed as rentals and charges
for the use of the municipal sewerage facilities of said City are
hereby established to be, and the same shall comply with, the rates
and charges set forth in the following table:
TABLE OF SEWER RENTAL Ct~RGES
Type of Occupancy Schedule of Annual Charges
Single-family dwelling SS.O0
Duplex (two family) dwelling $9.00 per dwelling unit
Multiple family dwelling, apartments, $9.00 per dwelling unit
and flats (housing three or more
families per dwelling unit)
Auto courts, motels, and trailer courts $7.20 per dwelling unit.
Commercial houses, office buildings, and hotels:
a) Minimum charge $12.00 each
b) Volume charge (charge based on all 0.065 per 100 cu. ft. of
water consumed on premises)* water consumed
Industries:
a) Minimum charge $24.00
b) Volume charge (charge based on all 0.065 per 100 cu. ft. of
water consumed on premises)* water consumed
c) Surcharge for suspended solids in $9.00 per 1000 lb. of
sewage in excess of an.~verage of suspended solids
500 parts per million
* -- The annual sewer rental charge shall be based upon the actual
volume of water consumption in all cases where 'the rate as
applied thereto shall result in an amount greater than the
minimum charge.
** -- A surcharge shall be assessed in all cases where the suspended
solids exceed the average of 500 parts per million. (The annual
rate of $9.00 per 1000 pounds of suspended solids is equal to
$0.0056 per 100 parts per million per 100 cu. ft. of sewage.)
The volume charge specified in the above table shall be based
upon the quantities of water consumed upon particular premises, such
quantities to be ascertained by reference to the readings of the water
meters presently used for determining the water consumption of the
various industrial and commercial concerns. The volume charge for
commercial or industrial establishments which obtain water from
sources other than regularly metered water supply systems shall be
based upon the quantities of water supplied from all sources, which
shall be determined by either of the following methods:
(a) By use of a meter installed at the expense of the tax-
payer and approved by the Superintendent of Sanitation of the City.
(b) By an estimate prepared by the Superintendent of Sanita-
tion and recomputed by said Superintendent once every twelve (12)
months. The taxpayer shall, upon demand, pay the entire cost of pre-
paring said estimate, and fn no event shall such charge be less than
Twenty-five Dollars ($25.00) for each computation.
Section 4. In the event that a particular industrial or
commercial concern shall establish to the satisfaction of the
Superintendent of Sanitation that the volume of its sewage flowing
into the public sanitary sewers is less than eighty percent (80%) of
the total of all water consumed at a particular location by said
industrial or commercial concern, the volume charge may be based upon
the actual flow of waste into the public sanitary sewer. The burden
of proving the total flow of waste in proportion to the total water
consumption shall be that of the taxpayer. In this connection, the tax-
payer may install, at its own expense, a meter to measure the quantity
of water flowing into the public sanitary sewers, which meter shall
first be approved by the Superintendent of Sanitation. In the event
that the installation of such a meter is impracticable, the charge
shall be based upon an estimate prepared annually by the Superintendent
of Sanitation. The particular taxpayer involved shall, upon demand,
reimburse the City for the entire cost of preparing said estimate,
with a minimum charge of Twenty-five Oollars ($25.00) being assessed
for each computstion.
Section $. Commencing with the fiscal year 1956-1C$7 and con-
tinuing thereafter, all sewer rentals and charges hereinbefore provided
for shall be collected on the official municipal tax roll, together
with regular municipal real property taxes. Said charges and rentals
shall constitute liens upon the particular lots or parcels of land
affected, such liens to be effective at. the same time and to the same
extent as is provided for by law in the case of municipal real
property taxes, with like penalties for delinquencies, all as provided
for by Section 5473.5 to Section 5473.8, inclusive,' of the afore-
mentioned Health and Safety Code.
Section 6. The City Tax Collector shall, and he hereby is
instructed to, prepare without delay a written report containing a
description of every parcel of real property receiving directly the
benefit of municipal sanitary sewer service and the amount of the
annual charge or rental to be imposed against each such parcel for the
fiscal year 1556-1.557. In the case of commercial and industrial tax-
payers who are to be assessed for sewer charges or rentals calculated
on the basis of volume of water consumed (or volume of flow of sewage),
the amount of the charge or rental to be assessed for the ensuing
fiscal year, and for every fiscal year thereafter, shall be determined
on the basis of prior use of the municipal sewerage facilities. In the
preparation of said report, the City Tax Collector shall receive the
assistance of the Director of Public Works and the Superintendent ef
Sanitation and, if necessary, shall be privileged to, and he is hereby
authorized to, call upon the services of such firm of licensed civil
and chemical engineers as ~nay have been engaged by the City to prepare
and collect data and material in connection with the maintenance and
operation of the sanitary sewerage facilities of the City, and to make
recommendations for the establishing of a schedule for appropriate
sewer rentals and charges.
The report specified in this Section shall be placed on file
with the City Clerk on or before the 3d day of July 1~56. Upon the
e
filing of such report, the City Clerk shall, and he hereby is
instructed to, cause notice thereof to be published twice in the
South San Francisco Enterprise-Journal by inserting the same in
two (2) successive weekly issues thereof. The notice shall, in
addition to referring to the filing of said report, specify the time
and place at which all persons interested in, or objecting to, such
sewer rentals or charges may be heard. Further, said City Clerk
shall cause copies of said notice to be mailed to the owner or owners
of any parcel or parcels of real property described in said report,
such co,es of said notice to be addressed to said owners as their
names and addresses appear on the last equalized assess~uent roll
available on the date the aforesaid report is prepared, or as their
names and addresses shall otherwise be known to said City Clerk.
Section 7. In every case where a lot or parcel is situate
outside the boundaries of the City of South San Francisco and to
which said City renders municipal sanitary sewer service, the
schedule of rates and charges hereinbefore established shall be
applicable. If any such lot or parcel of land is not described on the
municipal tax roll for said City, the Auditor of said City shall enter
the description of such parcel upon said municipal tax roll, together
with the amounts of the sewer rentals or charges, as shown in the
report to be filed with the City Clerk by the Tax Collector, as herein-
above mentioned, all as provided in Section 5473.4 of the aforementioned
Health and Safety Code. Any such lot or parcel of real property shall
become impressed with a lien for the amounts of the sewer rentals or
charges just as in the case of real property situate within the con-
fines of the City, and shall likewise be subject to the sane penalties
for delinquencies.
In the event that the City shall be unable to conveniently
and appropriately provide for the collecting of sewer rentals or
charges upon the municipal tax roll in the case of lots or parcels of
real property situate outside the confines of said City,-then such
rentals or charges shall be collected by an annual billing in the
same manner and with like effect as is hereinafter provided for should
it be determined, following the requisite public hearing, that said
City may, or will, not collect the sewer rentals and charges on the
of£icial municipal tax roll with respect te real property lying within
said City.
Section 8. If, in connection with the hearing provided for
in Section 6 hereof, the City Council of the City finds that protest
is made by the owners of a Majority o:~ separate parcels of property
described in said report, then said report shall not be adopted, and
the rentals or charges therein provided for shall be collected
separately from the municipal tax rolls and shall not constitute a
lien against any parcel or parcels of real property. In such event,
the rentals or charges shall be collected by an annual billing mailed
to the owners of all affected property at approximately the same time
as the annual ~unicipal real property tax statements are distributed,
which billing shall provide for payment thereof in the san:e ~anner and
at the sauce times as is specified for the payment o£ municipal real
property taxes, with identical penalties being assessed for delinquencies
save and except those penalties derivin¢: directly from the City's lien
rights, i/
Section 9. Anything hereinelsewhere stated to the contrary not-
withstanding, City may, upon a proper showing and upon the City Council's
~aking a determination in connection therewith, enter into a special
written agreement with any industrial or con~mercial concern providing
for the direct payr:ent of sewer rentals or charges to the City rather
than for said sewer rentals or charges te be collected on the municipal
tax rolls| provided, however, that in the event o~ a default, City shall
be entitled to receive fro~ the particular taxpayer the benefit o~ all
applicable penalties for delinquencies and to avail itself of all
applicable re~nedies for the enforcement of collection.
Section 10. Annually on or before the first day of July, .
commencing with the calendar year 1957, it shall be the duty of~'%he
Tax Collector to file with the City Clerk a report containing the
identical information as is specified in Section 6 hereof. Thereafter,
the City Council shall hold a public hearing with respect to said
report, after the City Clerk shall have given notice by publication,
in the same form and manner as is herein provided for in the case of
the original report to be filed pursuant hereto. ~?ith respect to
hearings held subsequent to the first hearing conducted hereunder,
there shall be no requirement that written notice shall be given
directly to the persons who are the owners of affected real property.
Section 11. On or before the 10th day of August of each year,
following the final determination of the City Council with respect to
the aforesaid annual report of the Tax Collector, the City Clerk shall
file with the Auditor a copy of said report with a statement endorsed
thereon over his signature that it has been finally adopted by said
City Council. The Auditor shall then enter the amounts of the charges
against the respective lots or parcels of land as they appear on the
then-current assessment roll.
Section 12. In the case of new or additional sanitary sewer
connections or outlets being supplied by City after the commencement
of a particular fiscal year, the sewer rentals or charges shall be
collected at the same time as, and in conjunction with, municipal real
property taxes for the fiscal year following that in which the in-
stallation of the new connection or outlet is made. In such event,
the sewer rentals or charges shall be assessed on a prorata basis,
the assessment to be in proportion to the annual charge for the sewer
service.
Section 13. The following ordinance and any and all other
ordinances, or parts of other ordinances, in conflict herewith are
hereby repealed: Ordinance No. 305 entitled "AN ORDINANCE PROVIDING
FOR SEWER RENTAL6 IN TF~ CITY OF 3OUTH ~AN FRANCISCO", which ordinance
was adopted by the City Council of the City of South San Francisco
on the 18th day of December 1950.
Section 14. Any person, firm, or corporation who or which
shall violate any provision of this Ordinance shall be guilty of a
misdemeanor, and upon conviction thereof shall be subject to a fine
of not more than Three Hundred Dollars ($300.00), or by imprisonment
in the County Jail for a period of not more than three (3) months,
or by both such fine and imprisonment. The penalties in this Section
provided for shall be in addition to, and cumulative upon, any and
all other penalties.
Section 15. If any section, subsection, sentence, clause, or
phrase of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of those remaining
portions of this Ordinance which can be given effect without the part
or parts so held to be invalid or unconstitutional. In this connection,
the City Council of the City hereby declares that it would have passed
this Ordinance and each section, subsection, sentence, clause, and
phrmse thereof, irrespective of the fact that any one or more other
sections, subsections, sentences, clauses, or phrases be declared
invalid or unconstitutional.
Section 16. This Ordinance shsll, upon its sdoption, take
effect immediately as sn urgency measure, s statement of the urgency
being as follows: The functions of assessing, levying, and collecting
municipal resl and personal property taxes, including sewer rentals
and charges, have been transferred to the assessor, tax collector,
snd tressurer of the County of San Mateo pursuant to the provisions of
Ordinance No. '382 of the City of South San Francisco. 3o that the
City Tax Collector may prepare the report herein required and the City
Council may make a final determination after conducting the required
public hearing, and so that the above-designated county officers may
properly provide for the collection of sewer rentals and charges in
conjunction with the collection of municipal real property taxes for
the fiscal year 1956-1957, it is imperative that this Ordinance shall
take effect immediately upon adoption; otherwise the City shall be
unable to provide in the most suitable manner for the collection of
sewer rentals and charges for the ensuing fiscal year, thus causing
considerable expense, a possible loss of revenue in a substantial
amount, and other serious inconvenience and detriment to said City
and, consequently, to the citizens and taxpayers thereof.
Section 17. This Ordinance'shall be published once as
required by law and shall take effect as an urgency measure
immediately upon its adoption.
* * * * * * $ *
Introduced this 28th day of May 1956.
Passed and adopted as an ordinance of the City of South
San Francisco at a regular
meeting of the City Council of the City of South San Francisco
this 4th day of June 1956, by the following vote:
AYES, COUNCILMEN G. Jo Rozzi. Andrew Rocca. Leo Ryan. Francis Lucchio,
Emilio Cortesi
NOES, " none
ABSENT, " none
~TT~ST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby
Ordinanc~f 1956
approve of the foregoing June .
CITY C~. FRANCISCO
OF TH~~ SOUTH SAN