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ORDINANCE NO. 8

ORDINANCE AND ORDER OF THE GOVERNING BOARD OF SUMMERLAND SANITARY DISTRICT ADOPTING A GENERAL REGULATION PROVIDING FOR SEWER SERVICE CHARGES; FIXING SEWER SERVICE RATES; AND REPEAL OF INCONSISTENT ORDINANCES

Be it Ordained By The Governing Board of Summerland Sanitary District As Follows:

ARTICLE I

General Provisions

Section 1. Enabling Authority. This Ordinance Order and General Regulation (herein called “Order) is established and adopted under authorization of the Sanitary District Act of 1923, section 6400 and following of the Health and Safety Code of the State of California.

Section 2. Application. This order shall apply to any person or persons, including corporations, and others connected directed by the District to connect to the Summerland Sanitary District sewage disposal facilities.

Section 3. Separability. If any portion of this Order or the application thereof is held to be a constitutional or for any reason invalid. The validity of all remaining portions and applications shall be unaffected, and they shall remain in full force.

ARTICLE II

Definitions

Section 1. Apartment. A room or suite of rooms with kitchens or cooking facilities occupied or suitable for occupation as a residence by one family for living and sleeping purposes. For the purpose of this Order, and apartment is a one-family dwelling unit.

Section 2. Motor Court (Motel).  A building or group of buildings containing two or more guest rooms or apartments, with automobile parking space serving such rooms provided in connection therewith, and designed, intended or used primarily for the accommodation or transient automobile travelers; including groups designated as auto cabins, tourist courts, motels, motor lodges or courts and other similar designations.

Section 3. Boarding House. A building where the business of keeping five or more boarders is generally carried on and which is held out, by the owner or keeper, as a place where boarders are kept.

Section 4. Building. A structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal or chattel.

Section 5. Club. An organization, group or association, either profit or non-profit, supported by the members thereof having a primary purpose the promotion of some common object enjoyed by the member, either as a group or as individuals, such as literature, science, politics, fellowship, athletics or recreation, but not including organizations, groups or associations, the chief activity of which is to render a service customarily carried on as a business open to the general public or formed for the purpose of providing housing for its member.

Section 6. Dwelling.  A building or portion thereof designed for and occupied in whole or in part as a home, residence or sleeping place, either permanently or temporarily, by one or more families and their guests and servants, but not including a hotel, motor court, trailer or school dormitory.

Section 7. Dwelling Unit. One (1) or more rooms in a dwelling designed for, or occupied by, one (1) family for living purpose an having kitchen facilities in said dwelling.

Section 8. Guest House. Detached living quarters of a permanent type of construction without kitchen or cooking facilities, intended and used primarily for temporary guests or employees of the occupants of the main building on the property on which such guesthouse is located, and not rented or otherwise used as a separate dwelling.

Section 9. Hotel. A building or group of buildings under one ownership containing six or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who, for compensation are lodged with or without meals, including motor courts, motels and trailer courts or camp, but not including sanitarium, hospital, asylum, orphanage or a building where persons are housed under restraint.

Section 10. Kitchen. A room, all or any part of which is designed, built, equipped, used or intended to be used for the cooking of foods.

Section 11. Mobile home, Mobile Home Parks. All of the definition, without exceptions, as contained in Part 2 and Part 2.1 of Division 13 of the Health and Safety Code of the State of California are hereby adopted as definitions in this Order except where otherwise defined in this Order. These definitions which are adopted, include but are not limited to, mobile home, mobile home parks, recreational trailer park, recreational vehicle. temporary trailer park, commercial travel trailer and trailer park.

Section 12. Parcel. The area of land shown as a parcel on the county assessor’s rolls and maps.

Section 13. Public garages. A building or portion thereof, except a private garage, used or designed to be used for storage and care of self propelled vehicles (including motorcycles) or where any such vehicles are repaired or kept for the remuneration, hire or sale.

Section 14. School. And institution of learning, which offers instruction in the several branches of learning and study required to be taught in the public schools by the education code of the State of California. Schools includes pre-school or nursery, elementary, junior and senior high schools, parochial and private schools, junior colleges, colleges and universities.

Section 15. Self-service Laundry. Any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry or any type; Provided, however, that all washing machines and accessory extractors and dryers shall be installed on the single floor and there shall be no intermingling of customers’ laundry.

Section 16. Sewage. Any water-carried wastes, including but not limited to wastes from dwellings, business buildings, public buildings, institutions and industrial facilities.

Article III

Sewer Service Charges.

Section 1. There is hereby levied and imposed upon the owner or occupant of any person within the Summerland sanitary District, having any sewer connection with the sewerage system of the District, or otherwise discharging sewerage which ultimately passes through the District Sewerage System, as sewer service charge as hereinafter provided:

Section 2. Rate Charges. These charges are shown for the entire fiscal year. To compute the monthly rate divide by twelve (12).

USE ANNUAL RATE

  1. a) Apartments (for each one family dwelling unit)_____$141.00
  2. b) Churches
  3. c) Commercial (including governmental and public buildings)

(1) Auto Courts with 2 or less sleeping units_____$323.00

(2) Auto Courts, for each additional sleeping units over two_____$40.00

(3) Barber and Beauty shop with less than 3 operators_____$323.00

(4) Barber and Beauty shop with more than 3 operators_____$645.00

(5) Bars (service of any alcoholic beverages but not food)_____$403.00
(with restaurant- add restaurant rate)

(6) Car Wash_____$2016.00

(7) Food Markets (grocery store, meat market) are of less than 5000 square feet_____$323.00

(8) Food Markets with 5000 square feet_____$1210.00

(9) Food Markets with garbage grinders add to above rate_____$1210.00

(10) Meeting or Convention Halls

  1. Without Kitchen_____$161.00
  2. With Kitchen_____$323.00

(11) Mobile Home Parks (per space or lot)_____$141.00

(12) Parks (Public) for each toilet commode and/or urinal_____$141.00

(13) Public Garages______$403.00

(14) Public Buildings for which no other charge is made herein_____$323.00

(15) Restaurants (with bars, add bar rate)

Restaurants, Less than 1000 sq. ft. of serving area_____$403.00

Restaurants, 1000 to 2000 sq. ft. of serving area_____$1008.00

Restaurants, more than 2000 sq. ft. of serving area_____$1411.00

(16) Schools, elementary and nursery_____$141.00

(17) Self-service Laundries_____$1613.00

(18) Service Stations, without wash racks_____$323.00

Service Stations, with wash racks add the car wash rate above

(19) Swimming Pools_____$202.00

(20) Theaters, Bowling Alleys, Amusement Centers_____$1210.00

(d) Dwelling Unit_____$141.00

(e) Jewelry Manufacturing_____$3646.00

Section 3. Minimum Annual Rate and Unclassified Uses.

Notwithstanding anything to the contrary in this Ordinance contained, the minimum annual rate of any property being served shall be $141.00. For premises having a sewer connection, but for which a specific classification for sewer service charges has not been set forth in this ARTICLE III, The District shall charge such rate as in its sole discretion it deems applicable for the type of use being made of the premises in relation to the uses made of classified premises and the rate in this Ordinance fixed for said classifies premises.

The rates hereinabove set forth shall be applicable as of July 1, 1979. This declaration of the effective date shall not change the lien date as et forth in Health and Safety Code §5473.5.

ARTICLE IV

Collection

Section 1. Where applicable, and permitted by law, and if this Governing Board elects to do so by separate ordinance, the sewer service charge will be placed on, and collected with, the County tax statements. If such an election is made and if an application for connection is made after June 30th in any given year so as to be too late to be placed on the tax statement, then the applicable rate for the prorated balance of the fiscal year, and permitted by law, must be paid in advance at the time of making application.

All other sewer charges, the collection of which is not specifically described in this Section, shall be paid in advance for each fiscal year on the 1st day of July of each fiscal year.

ARTICLE V

Computation of Rate

Section 1. Whenever any sewer service charges are computed on average daily attendance, said daily attendance will be based upon the records of the entity charged with or having the responsibility of keeping such records and said attendance figure shall be furnished to the District within ten (10) days after written request by the District.

Section 2.  Whenever required, sewer service charge rate computation information shall be furnished to the District, on forms furnished by the District, upon written request therefore.

Section 3. In the event of a failure to furnish rate computation information when requested and within the time allowed, the District may compute, the rate based on such information as it finds reasonably available and such computation shall be conclusive and final.

ARTICLE IV

Enforcement

Section 1. Investigative Powers.  District representatives shall carry evidence establishing their position as an authorized representative of the District and upon presentation and exhibiting these proper credentials and identification shall be permitted to enter in and upon all building and premises within the District for the purpose of inspection, observation, measurement, sampling, testing, otherwise performing such duties as may be necessary in carrying out the regulations of the District.

Section 2. Termination. As an alternative measure for enforcing the provisions of District’s rules and regulations, District may, pursuant to Section 6523.2 of the Health and Safety Code, terminate service to the building, structure or property in question. Upon termination the District Manager or his representative shall estimate the cost of the termination and reconnection to the system, and the user shall deposit this amount with the District before reconnected. The District shall refund any part of the deposit remaining after payment of all costs of termination and reconnection.

Section 3. Liability for Violation. Any person violating a provision of this Regulation shall be liable for all damages resulting from said violation, or which arise from actions taken in the correction thereof. A violation of a General Regulation of the District is a misdemeanor in accordance with Section 6523 of the Enabling Authority and such violation is punishable by fine not to exceed One Hundred Dollars ($100.00), imprisonment not to exceed one (1) month, or both. Every violation of any provision by this Regulation, or any part thereof, an each day’s continuance thereof is a separate and distance offense.

Section 4. Relief. Any Person, who by reason of special circumstances believes that the application of these rules and regulations as to him is unjust or inequitable, may make written application to the Board for relief. Said application shall set forth all of the special facts and circumstances and shall request the specific relief or modification desired. The Board, upon receipt of such application an after such investigation as deemed necessary may take action to grant such relief or modification as it finds necessary. The Board on it own motion and without an application, may, when special circumstance make the application of these rules and regulations a hardship or unjust or inequitable, modify or suspend the rules and regulations for the period during which the special circumstances exist. An application for relief under this section shall be in writing and shall be accompanied by filing fee in the amount of Twenty-Five Dollars ($25.00).

ARTICLE VII

Exemption From The Environment Quality Act of 1970 (CEQA)

Pursuant to Section 21080(8) of the Public Resources Code it is herby found and declared that the rates and charges established by this Ordinance are for the purpose of (1) meeting operating expenses, including employees’ wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment or materials’ 3) meeting financial reserve need or requirements; or (4) obtaining funds for capital project necessary to maintain service within existing service areas and are exempt form the requirements of CEQA.

ARTICLE VIII

Repeal

Section 1.        All Ordinances or parts or portions thereof which are inconsistent or contrary to this Ordinance are hereby repealed and declared to be of no further force and effect.

PASSED AND ADOPTED by the Governing Board of Summerland Sanitary District this 21st day of June, 1979 by the following vote:

AYES:

NAYES:

ABSENT:

President of the Governing Board of

SUMMERLAND SANITARY DISTRICT

Secretary