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51 ORDINANCE NO. 51 Ly AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING TIME LIMITS FOR THE PAYMENT OF SEWER USER CHARGES, ESTABLISHING REMEDIES FOR THE NON-PAYMENT OF DELINQUENT SEWER USER CHARGES, PROVIDING FOR THE DISCONNECTION OF SEI4ER SERVICES, AND PRO- VIDING FOR RELATED MEASURERS THEREOF. WHEREAS, the City of Grand Terrace has provided for the collection of sewerage within the community; and WHEREAS, it is necessary to establish a policy for the payment of sewer user charges; and WHEREAS, it is further necessary to provide remedies leading to the collection of delinquent sewer service charges or the disconnection of sewer service as an alternative measure; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Sewer bills shall be sent to the owner, occupant, or other applicant for sewer service of the property to be served. Said parties shall be responsible for the payment thereof. Said property owner, occupant, or other party making application for sewer service may, if they wish, make special arrangements with the City for bills to be sent to other persons, rather than that applicant. Thereafter, said parties shall be liable, jointly and severally, for the payment of said sewer bills. SECTION 2. Sewer service charges shall be billed on a bi-monthly basis, in advance of service. All such charges will be due and payable on the date of such billing, and shall become delinquent thirty (30) days thereafter. Thirty (30) days after the date of billing, a second notice of sewer charges due and payable shall be sent. After the expiration of an additional thirty (30) day period, a final notice shall be forwarded notifying said party that service shall be disconnected fifteen (15) days from the date of the second notice unless payment is made by that date. Section 3. As an alternative method of enforcing the provisions of this Ordinance and other ordinances, resolutions, and rules and regula- tions of the City relating to sewer service, the City may disconnect the user from the sewer mains of the City. Section 4. During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the City shall cause proceedings to be brought for the abatement for the occupancy of such premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the City a reasonable attorney's fee and cost of suit arising in such action. SECTION 5. The City and its officers, agents, and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any applicant for sewer service. The applicant shall be answerable for, and shall save the City and its officers, agents, and employees harmless from any liability imposed by law upon the City or its officers, agents, or employees, including all costs, expenses, fees, and interest incurred in defending same or in seeking to enforce this provision. The applicant .shall be solely liable for any defects in the performance of his work or any failure which may develop therein. SECTION 6. Any person violating any of the provisions of this Ordinance and other ordinances, rules, or regulations of the City pertaining to the sewer system shall become liable to the City for any expense, loss, or damage sustained by the City by reason of such violation. SECTION 7. When sewer service to a property is to be discontinued, the City shall disconnect the sewer and shall post on the property a notice that the property shall not be inhabited or used by human beings or any sewage produced thereon until the sewage is reconnected. SECTION 8. Delinquent charges, plus penalties, both of which shall be established by resolution of the City Council , shall constitute a lien upon the real property served, except that no such lien shall be created against any publicly owned property, and such lien shall continue until the charge and all penalties thereon are fully paid, or the property sold therefor. A list of all such delinquent charges, plus penalties, shall be recorded at least every six months. In the event a lien is filed for unpaid sewer service charges or any action at law is commenced for the collection of unpaid sewer service charges, such unpaid charges shall bear interest at the rate of one-half of one percent per month from the date of delinquency of each charge. SECTION 9. After a building sewer has been disconnected from the sewer system, it shall not be reconnected until all such delinquent charges, plus penalties, all charges which have accrued since the date of disonnection, any supplementary connection charges, and the estimated cost of reconnection have been paid. A deposit may be required by the City to cover the estimated cost of said disconnection and reconnection. In such event, any unused portion of the deposit shall be returned to the party and any excess costs over and above the amount of the deposit shall be billed to said party. All of the charges, deposit, and other amounts required to be paid shall be paid before the building sewer is reconnected to the sewer system. SECTION 10. After service to a property has been terminated, the sewer connection permit issued for the property shall be considered cancelled. The permit and service shall not be considered as restored until all delinquent charges, plus penalties, all charges which have accrued since time of termination, and any other charges established by the City Council have been paid. All of the charges, deposits, and other amounts required to be paid shall be paid before the permit and service are restored. -2- SECTION 11 . Effective Date - This Ordinance shall take effect thirty (30) days after its adoption. SECTION 12. Posting - The City Clerk shall cause this Ordinance to be posted in three (3y public places designated for such purpose by the City Council . SECTION 13. First read at a regular meeting of the City Council of said City held on the 28th day of May , 1981 , and finally adopted and ordered posted at a regular meeting of said City Council on the 11th day of June 1981 . , '/w. UMM *ayorthe Cit of Gran errace and of te C' oun ereof. ATTEST: Deputy City C1end of the City of Grand Terrace of the City Council thereof. Approved as to form: OA4,1, V.;6 City Attorney -3- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, 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 a regular meeting of the City Council held on the 11th day of June 1980, and that it was so adopted by the following vote: AYES: Councilmen Grant, Petta, Nix, Rigley; Mayor Tillinghast. NOES: None ABSENT:None Deputy City Cler of the City of Grand Terrace aAC of the City Council thereof. Ly STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO y HEREBY CERTIFY that the above and foregoing is a full , true and correct copy of Ordinance No. 51 of said City Council , and that the same has not been amended or repealed. DATED: June 11, 1981 Deputy City C1 e of the City of Grand Terrace and of the City Council thereof.