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24 ORDINANCE NO. 24 - SEE ORDINANCES 26, 33, 40, 50 �`A ORDINANCE NO. 24 URGENCY ORDINANCE OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS AND CHARGES FOR THE ACQUISITION OF SEWER SERVICES WHEREAS, the City of Colton has formally notified the City of Grand Terrace that wastewater treatment capacity in Colton' s wastewater treatment plant have been exhausted and that Colton has been advised by its engineers and wastewater consultants that the City' s wastewater treatment plant is being operated at an average daily flow of 3. 4 MGD, which is approximately 13% greater than the design rate of capacity for the treatment plant; and WHEREAS, the growth of Grand Terrace and Colton may have created resultant pressures on existing public facilities and services beyond their capability, said wastewater treatment and other related public services and facilities having been and presently being provided to meet the needs for the growing population of these two Cities ; and WHEREAS, the Cities of Grand Terrace and Colton recognize the potential need to provide expanded wastewater facilities and services in balance with the growing public demand; and WHEREAS, realization of this potential demand as well as the physical environmental , social and fiscal problems generated by potential exhaustion of the wastewater treatment capacity combined with a civil action instituted by the City of Colton against the City of Grand Terrace have led Grand Terrace to undertake negotiations with the City of Colton to establish a new and comprehensive wastewater treatment planning program; and WHEREAS, continued sewage connections absent such a comprehensive agreement are likely to overtax the City' s presently available wastewater treatment capacity and would therefore be an immediate danger to the public health, safety and general welfare of the City. NOW, THEREFORE, implicit in said comprehensive plan is a sewer acquisition fee commensurate with cost of the acquisition operation and maintenance of said additional capacity, the City Council of the City of Grand Terrace does hereby ordain as follows : Section 1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respect- tively ascribed to them in this section: (a) "Building" means a structure entirely separate from any other structure by a space or by walls in which there are no communicating doors or windows or similar openings; (b) "Chief Building Official" means the chief building official of the City or his duly authorized representative; (c) "Lot" means any piece or parcel of land as bounded, defined or shown upon the latest map, plan or deed recorded in the office of the county recorder or upon the assessor' s map as prepared by the county assessor; (d) "Main sewer" means a main pipe line sewer of the City laid in the streets , alleys and along the rights-of-way for the collection of sewage from connecting sewers and conveying the same to the outfall sewer; (e) "Sewer lateral" means that portion of the sewer system 2 . which extends from the main sewer to the building or structure served. Section 2 . Mandatory. All buildings or other structures which contain any plumbing fixtures and which are located within the city limits must be connected to a public sewer except as otherwise provided in Section 4 . Section 3. Acquisition Charge. All property of every kind within the City limits shall, upon being furnished sewer services or subdivided, be charged, in addition to other charges as established, pay a sewer acquisition charge. This charge shall be determined by multiplying the basic service unit charge times the number of service units established for appli- cable classification of type of property and use, pursuant to Section 6. Section 4. Said acquisition charge shall be due and pay- able prior to the issuance by the City of building permits and shall be a condition for the issuance of said permit. In con- nection with property subject to such charge, which is here- after subdivided and tract map placed of record, and which does not require the issuance of building permits , the payment of such connection charge shall be a condition of the filing and approval of a tract map. Said charge shall be a part of the improvements to be made by the subdivider in accordance with the subdivision contract and a part for which the subdivision bondsman shall be liable. Section S . Payment Prerequisite to Sewer Services. No sewer facilities shall be furnished or connection made for the furnishing of sewer facilities to the property of any person 3 . for which the charge in Section 3 is applicable unless such charge is paid. Section 6 . Units of Service. The following units of service are hereby fixed and established for the following classifications of types of property and use: Type of Connection Units of Service (1) Residential Single Family Dwellings 1. 0 Apartment Houses (a) 2 . 0 Courts (a) 2. 0 Duplexes 2 . 0 Motels (b) 1. 0 Trailer Parks (c) 3 . 0 Rooming Houses (n) 1. 0 (2) Commercial Animal Clinics 3. 0 Barber Shops 2 . 0 Beauty Shops 3 . 0 Bottling Works (h) (soft drinks) 3. 0 Campground and Parks (r) 4 . 0 Churches With kitchens 2 . 0 Without kitchens 1. 0 Convents (n) 1 . 0 Dairies (e) 3. 0 Day Nurseries (k) 2 . 0 Drug Stores (o) 1 . 5 Food Market (g) 2 . 0 Laundries and Laundromats (f) 12 . 0 Libraries 1. 0 Meat Packing (i) 4 . 0 Meeting Halls With kitchens 2 . 0 Without kitchens 1. 0 Pet Shops 2 . 0 Poultry Processing (j ) 8 . 0 Professional Buildings (p) 2 . 0 Public Buildings 1. 0 Restaurants (d) With bar 5 . 0 Without bar 3. 0 Schools Elementary and Nursery 10 . 0 High and Junior High 17 . 0 Service Stations 2 . 0 Swimming Schools (m) 1. 0 4 . Type of Connection Units of Service Taverns (d) 3 . 0 (3) General Commercial (All commercial establishments not listed above or separately classified by future action of the City Council) (q) 1.5 Included in the above classification but not limited to the following, are: Applicance Stores Furniture Stores Automobile Repair Shops Hardware Stores and Garages Insurance Offices Bakeries Light Manufacturing Brickyards (Investigate Employee Cabinet Shops Level) Candy Stores Liquor Stores Cleaning Establishments Lumber Yards Clothing Stores Miscellaneous Repair Shops Food Lockers Moving and Storage Nurseries - Horticultural New and Used Car Dealers Type Sign Painting Plumbing Shops Tire Sales and Repair Radio Stations (transmitter) Trailer Sales and Service Radio and TV Sales, Service Warehouses Real Estate Offices Welding Shops Roofing Yards (4) Additional Units of Service (a) Apartment houses and courts : 1 - additional service unit for each apartment over 2 . (b) Motels : 1 - additional service unit for up to each 3 motel units after first 3 . (c) Trailer Parks : 3 - additional service units for up to each 4 stalls after first 4 . (d) Restaurants: 1 - additional service unit for up to each 20 seats after first 20 . (Small restaurants can be less than 3 for basic rate. Add 2 units for bar. (e) Dairies : 1 - additional service unit for up to each 400 pounds per day of milk received after first 1, 000 pounds per day. (f) Laundries and Laundromats : 1 - additional service unit for up to 5 . each 750 pounds dry wash per day after first 1, 000 pounds dry wash per day. Self-Service Laundries : 1 - additional service unit for each auto- matic washer after first 9 . (g) Food Markets : 1 - additional service unit for up to every 5 persons employed after first 5. Eating facilities to be classified separately as restaurants. Add 5 units per month for commercial garbage grinder. (h) Soft Drink Bottling Works : 1 - additional unit for up to each 700 cases per month after the first 2 , 000 cases . (i) Meat Packing Plant: 1 - additional unit for up to each 1, 000 pounds meat processed per month after first 4 , 000 pounds. (j ) Poultry Processing: 1 - additional unit for up to each 20 pounds killed per day (dressed weight) after the first 200 pounds per day. (k) Day Nursery: 1 - additional unit for up to each 6 children after the first 10 . (1) (Not used) (m) Swimming School: 1 - additional unit for up to each 3 toilets and/or showers after the first three. (Does not include pool discharge) (n) Rooming House and Convent: 1 - additional unit for up to each 3 persons after first 5 . (o) Drug Store: 1 - additional unit for up to each 5 employees after first 5 . Add 2 units for fountain. (p) Professional Building: 1 - additional unit per each tenant. (q) General Commercial : 1 - additional service unit for up to each 5 occupants after the first 5 . (r) Campgrounds and Parks : 1 - additional service unit for up to each 3 spaces after the first 10 spaces . (5) Other Types of Connections Units of service for establishments not listed above, and for establishments that have unusual characteris- tics insofar as sewage is concerned, shall be determined in each case by the City Council. Section 7 . Right of City to Disconnect for No Payment. The connection of any sewer facilities without the payment of 6 . the charges provided for in this chapter gives the City the right to go upon private or public property and disconnect the sewer facilities. Section 8 . Restrictions . No person shall make any con- nection with any cesspool or other facility for depositing sewage, except with and into the City sewage disposal lines when the property or place so to be connected, fronts upon or is located within two hundred feet of a constructed, completed and accepted City main line sewer; provided, however, that the provisions of this Section shall be construed and applied in conformity with Section 9 . Section 9 . Discontinuance. On any lot where there is an existing cesspool or other place where sewage is being deposited, such building may continue to be served from such cesspool or other facility; provided, however, no person shall continue to use any cesspool or place where sewage has been or is being deposited, which the county health officer finds unsuitable , after the expiration of thirty days from service of notice upon the property owner and/or occupant to this effect. Before the expiration of such thirty day period, such building or structure containing any plumbing fixtures shall be connected to the City sewage disposal system. Section 10 . Permit - Required - Fee. No person shall make or attempt to make any connection with the main sewer lines of the City without first having secured a permit there- for and having paid the established connection fee . Section 11. Permit - Application - Issuance. A permit to make a sewer connection shall be granted upon application 7 . made upon blank forms furnished by the City, and in the manner as in such form prescribed, which application will be filed with the chief building official who is authorized to issue such a permit. Section 12. Permit - Appeal - Work Standards. An appeal from the decision of the chief building official, as to the granting or denial of any sewer connection permit may be made to the City Council. All sewer connections and pipe lines laid in connection with such permit shall be under the supervision of the chief building official and in conformity with City standards. Section 13. Separate Connection for Each Building - Exceptions. Every building or other structure situated within the City shall be separately and independently connected with a connecting sewer, except where more than one building or other structure is situated upon the same lot, in which case all such buildings and structures may, by special permit authorized by the chief building official, be joined in the use of one house and connecting sewer; provided, however, that all such buildings and structures are owned by the same person. The same connecting sewer may, in special cases by special permission of the City Council, be used to serve two or more lots. Section 14 . Connections to Old Sewers. No building or other structure shall be connected to an old sewer, nor shall any old sewer line be used until a permit has been granted for so connecting and a certificate of inspection obtained from the chief building official. 8 . Section 15 . Maintenance of Sewer Laterals . It shall be the responsibility of each property owner to maintain the sewer lateral serving his property in proper working order. Section 16 . This Ordinance is enacted pursuant to Section 36937 (b) of the California Government Code as an urgency measure and pursuant to the City of Grand Terrace Police Power for the immediate preservation of the public health and safety. The facts constituting the urgency are set forth in the statement of purpose preceding this Ordinance. When approved by a four-fifths (4/5) vote of this Council, this Ordinance shall become effective on September 21, 1979 . ADOPTED this 20th day of September, 1979 . Mayor f the City of Grand Terrace and f the City Council thereof. ATTEST: *Cityle k of the ity of Grand Terrace and of the City Council thereof. Approved as to form: (SEAL) 10 City Attorney -9- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at the organization meeting of the City Council held on the_ 2 Oth day of September , 1979, and that it was so adopted by the following vote: AYES: Councilmen Tillinghast, Erway, Allen, Grant; Mayor Petta. NOES: None ABSENT: None City Cler of the City of Grand Terrace and of the City Council thereof. (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY, that the above and foregoing is a full , true and correct copy of Ordinance No. 24 of said City Council and that the same has not been amended or repealed. DATED: September 20, 1979 *City the City of Grand Terrace and of the City Council thereof. (SEAL)