HomeMy WebLinkAbout1980-10-07; City Council; 7060; CMC 13.04/.08/.10 amends/add - Sewer line costs & cap. permits/fees1
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ORDINANCE NO. 06*
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAZ, CALIFORNIA, AMENDING TITLE 13 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTERS 13.04 AND
13.08 AND BY THE ADDITION OF CHAPTER
13.10 TO REVISE THE GENERAL REGULATIONS;
PROVISIONS FOR LINE COST PAYMENTS; AND SEWER CONNECTION AND CAPACITY PERMITS AND FEES FOR THE CITY'S SEWER SYSTEM.
The City Council of the City of Carlsbad, California does
rdain as follows:
SECTION 1: That Title 13 of the Carlsbad Municipal Code
s amended by the amendment of Chapters 13.04 and 13.08 and by
he addition of Chapter 13.10 to read as follows:
"Chapter 13.04
GENERAL REGULATIONS
iections :
13.04.010 Definitions.
13.04.020 Unsanitary deposits.
13.04.030 Use of public sewers required.
13.04.040 Sewer connection permit required.
13.04.050 Restrictions relating to use of public
13.04.060 Right of entry and inspection.
13.04.070 Damaging sewage works.
13.04.080 Violations of chapter.
13.04.010 Definitions.
sewers.
For the purposes of this chapter
"City Engineer" means the City Engineer of the
"Garbage" means the animal and vegetable waste
"Grease" means any material which is extractable
the following words and phrases shall have the meanings
respectively ascribed to them by this section:
3ity of Carlsbad or his authorized representatives.
from the handling, preparation, cooking, and dispensing of food .
from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in "Standard Methods," (Includes fats and oils) .
"Grease interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from
wastewater.
"Industrial wastewater" means all water carried wastes and wastewater of the community excluding domestic
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(2)
(3)
(4)
(5)
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6 stew ter and uncon-aminated water. Includes arr wastewater from
any producing, manufacturing, processing, institutional, commercial
agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of non-human origin. (6) "Owner" includes a holder in fee, life tenant, executor, administrator, trustee, guardian or other fiduciary, lessee or licensee holding under any government lease or license of real property. (7) "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. It indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value
of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity.
(8) "Sewage" means the waterborne wastes derived
from ordinary human living processes and of such character as
to permit satisfactory disposal, without special treatment,
into the public sewer, a private sewer, or by means of household
septic tank systems and individual household aerobic units.
(9) "Sewer, building or house" means that portion of a
pipe or conduit carrying sanitary sewage and/or industrial wastes
from a building to the public sewer or a comon sewer. (10) "Sewer, private" refers to a privately owned sewer
(11) "Sewer, public" means a sewer directly controlled
(12) "Sewer system" means a system of piping, with
(13) llSlug" means any discharge of water, sewage or
which is not directly controlled by the City.
by the City.
appurtenances, for collecting and conveying sewage from source to discharge.
industrial wastes which in concentration of any given constitutent
or in quantity of flow exceeds for any period of duration longer
than fifteen (15) minutes more than five (5) times the average
twenty-four (24) hour concentration of flows during normal operation.
(14) "Standard methods" means the current edition of
"Standard Methods For The Examination Of Water And F7astewater"
as published by the American Public Health Association, and
Water Pollution Control Federation.
float on the surface of, or are in suspension in water, sewage
or other liquids; and which are largely removable by laboratory
filtering and as determined by the appropriate procedure in
"Standard Methods. I'
(16) "Toxic substances" means any substance whether
gaseous, liquid or solid, which when discharged to the sewer
system in sufficient quantities may tend to interfere with any
sewage treatment process, or to constitute a hazard to human
beings or animals, or to inhabit aquatic life or create a hazard
to recreation in the receiving waters of the effluent from the
sewage treatment plant.
(17) "Wastewater" means any liquid waste of any kind,
whether treated or not, and whether animal, mineral or vegetable including sewage, agricultural, industrial, and thermal wastes.
(15) "Suspended solids, or SS" means solids that either
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13.04.020 Unsanitary dN-posits. It is unlawfu for any person to place, deposit or permit to be deposited in an unsanitary
manner upon public or private property within the city or in any
area under the jurisdiction of the city, any human or animal
excrement, garbage or other objectionable wastes.
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13.04.030 Use of public sewers required. Every lot that has sanitary facilities requiring sewage disposal which is accessible to a public sewer and is not connected shall be connected to the public sewer within ninety days after the owner or person
legally responsible has been notified to do so by the City
Engineer.
13.04.040 Sewer connection permit required. It is unlawful
for any person to place, discharge or dispose of any material,
solid or liquid, into the sewer system, or any part thereof,
without first obtaining a permit from the City pursuant to Chapter 13.10 and without having first paid all fees required by
this title; and no substance shall be placed, discharged or disposed of in the sewer system except substances of waste materials originating on the premises to which a sewer connection permit has been issued.
13.04.050 Restrictions relating to use of public sewers. (a) No person shall discharge or cause to be discharged any storm water, surface water, ground water, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer. (b) No person shall enter, obstruct, uncover or tamper
with any portion of the public sewer, or conr,ect to it, or
dispose anything into any sewer and/or sewer manhole without
the writter: permission of the City Engineer.
building or structures with plumbing fixtures connected directly or indirectly to the public sewer without first notifying the
City Engineer of such intention. All openings, in or leading to
the public sewer line or lines caused by sach vork shall be sealed
watertight and inspected by the City Engineer before being
backfilled.
or obstruct access to, any sewer manhole.
buildings over public sewers without the written permission of
the City Engineer.
person shall discharge or cause to be discharged any of the
following described substances, waters or wastes into any public
sewers:
than 15O0F;
concentration of fats, oils, or grease or more than 13 pounds of such substances per day after pretreatment by a grease
(c) No person or party shall remove or demolish any
(d) No person shall fill or backfill over, or cause to cover,
(e) No person shall erect any improvements, structures, or
(f) Except as hereinafter provided in this section, no
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(2)
Liquid or vapor having a temperature higher
Water or waste which may contain more than 100 mg/l
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interceptor, whichever is less, or containing substances lrhich ma!
solidify or become fiscous at temperatures between 32' and 15O0F; (3) Gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas; (4) Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance; (5) Garbage that has not been properly shredded to a size of 1/4 inch or less so that all particles will be carried freely under normal flow conditions in the public sewers;
(6) Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, paper- ware either whole or ground or any other solid or viscous
substances or normally dry, solid wastes capable of causing
obstruction to the flow in or damage to sewers or other inter-
ference with the proper operation of the sewerage works;
higher than 9.5 or having any other corrosive property capable
of causing damage or hazard to structures, equipment, and
personnel of the sewerage works: (8) Water or wastes containing any substance in
sufficient quantity to discolor, injure, disrupt or interfere with the normal operation of any sewage treatment process, constitute a hazard to human or animal life, create a public nuisance, or significantly lower the quality of the receiving
waters :
(9) Water or wastes containing suspended solids of such character or quantity that unusual attention or expense
is required to handle such materials at a sewage treatment plant;
(10) Any unusual volume of flow or concentration of wastes constituting "slugs" as defined herein;
(11) Radioactive wastes or isotopes of such half-life
or concentration that may exceed limits established by the City
Engineer in compliance with applicable state or federal
regulations ;
(12) Water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration
limitations;
(7) Water or wastes having a pH lower than 5.5 or
(13) Unreasonably large amounts of dissolved solids; and
(14) Water or wastes containing in excess of:
0.1 mg/l arsenic
0.2 mg/l cadmium
2.0 mg/l copper
1.0 mg/l cyanide
1.0 mg/l lead
0.01 mg/l mercury
1.0 mg/l nickle
0.2 mg/l selenium
0.2 mg/l silver
0.5 mg/l total chromium
3.0 mg/l zinc
0.02 mg/l total identifiable chlorinated
1.0 mg/l phenolic compounds
hydrocarbons
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(9) No person shall discharge or cause to be discharged any fats and greases to the sewer system if their concentration and physical dispersion results in separation and adherence to sewer
structures and appurtenances. If there is evidence of adherence of such materials to said structures, or if such materials cause
blockage in the sewer system, then the wastewater carrying such
materials must be effectively pretreated by a process or device
to effect removal from the flow before its discharge to the
sewer system.
when deemed necessary by the City Engineer for the proper handling of liquid wastes containing grease in excessive amounts, any flammable materials, sand and other harmful ingredients. All interceptors shall be of a type and capacity acceptable to the City Engineer andshall be located as to be readily accessible for cleaning and inspection.
of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable
covers which when bolted in place shall be gastight and watertight.
(2) All grease, oil, and sand interceptors shall be maintained in continuously efficient operation at all times by the owner at his expense. In the maintaining of these inter- ceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, amounts, and means of disposal which are subject to review by the City Engineer.
into the public sewers any water or wastes having more than
200 mg/l of suspended solids shall be obligated to pay a surcharge, occasioned by the extent to which such water or waste shall contain an excess over the foregoing limitation of concentration.
any wastewater as a condition of its acceptance, they shall be maintained continuously in satisfactory and effective operation
by the owner at his expense.
When required by the City Engineer, the owner of any
property served by a building sewer carrying industrial waste-
water shall install monitoring and recording equipment, and a
suitable control accesshole in the.hui&diBg_sewer -to facilitate
observation, sampling and measurement of the wastes. Such
accesshole shall be readily accessible and safely located,
and shall be constructed in accordance with plans by the City Engineer. The accesshole shall be installed and maintained by
the owner at his expense.
(k) All measurements, tests, and analyses of the charac-
teristics of water and wastewater to which reference is made in subsections (f), (g), and (h) of this section shall be determined in accordance with the latest edition of the American Public Health Association's "Standard Methods for the Examination of Water, Sewage and Industrial Wastes" and shall be made at the control accesshole provided for in subsection (j) of this section, or upon suitable samples taken at said control accesshole. If no
Grease, oil and sand interceptors shall be provided
(1) Grease and oil interceptors shall be constructed
(h) Any person who shall discharge or cause to be discharged
(i) Where preliminary treatment facilities are provided for
(j)
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special accesshole is available, the sampling location shall be
determined by the City Engineer.
13.04.060 Right-of-Entry and Inspection. (a) The City
Engineer may, during reasonable hours and upon notification to the
person with a right to possession, enter any building or premises
in the discharge of his official duties to inspect, investigate,
measure or test the wastes discharged or the private sewer connect-
ed, directly or indirectly, to the public system.
(b) During the construction of all sewer system works,
including private sewers which directly or indirectly connect
to the public system, the City shall have access thereto for
inspection purposes and if considered advisable by the City
Engineer, may require an inspector on the job continuously. At
no time shall sewers be backfilled or covered until the City Engineer has been notified and has given proper inspection and approval. If the work is not approved, it shall be repaired or
removed and reconstructed, whichever is directed by the City
Engineer.
owner or subdivider. All costs of inspection and test shall be borne by the
13.04.070 Damaging sewage works. No unauthorized person
shall maliciously, wilfully or negligently break, danage, destroy,
uncover, deface or tamper with any structure, appurtenance or
equipment which is a part of the municipal sewage works.
13.04.080 Violations of chapter. Any person found to be violating any provision of this chapter except Section 13.04.070, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Any person who shall continue any violation beyond the above time, or who shall violate provisions of Section 13.04.070,
is guilty of a misdemeanor.
Any person violating any of the provisions of this chapter is liable to the city for any expense, loss or damage occasioned
the city by reason of such violation.
Chapter 13.08
PAYMENT FOR LINE COST
Sections :
13.08.010 Proportionate cost of sewer main prerequisite
13.08.020 Plat map.
13.08.030 Line costs. 13.08.040 Extensions and oversizing.
13.08.050 Reimbursement.
13.08.060 Method of reimbursement.
to connection.
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to conaection. Whenever any person applies for a connection to a sewer main and neither such person nor his predecessor in interest has paid the proportionate share of the cost of the sewer main, with respect to the property served, no application shall be acted upon, allowed or approved by the City or any of its administrative employees, until such person shall have paid
to the City his proportionate share of the cost of such sewer main according to the terms, schedules and conditions set forth
in this chapter.
Engineer to prepare a plat map and indicate on the plat map those certain parcels of land that have contributed their full share towards the construction of the sewer main.
13.08.020 Plat map. It shall be the duty of the City
13.08.030 Line costs. When any person connects to a sewer main, and such person or his predecessor in interest has not
paid for his proportionate share of the cost of the main as
indicated on the plat map on file in the office of the City Engineer, then such person shall pay to the City an amount of
money that is equal to the number of front feet of the property
that abuts upon the sewer main multiplied by the amount of money that is fixed from time to time by the City Council as being the
cost per foot per connection; except when such person is the
owner of a large undeveloped frontage, then in that event, the
owner shall be required to pay for a minirrium frontage of seventy- five feet; provided, that all of the following conditions prevail:
to the sewer main shall totally contain the residence of the
owner, together with sufficient side yard setbacks as required by applicable zoning law;
portion of the property in which to construct one or more living units in accordance with the applicable zoning laws.
(1) That the portion of the property being connected
(2) That sufficient area remain in the unconnected
13.08.040 Extensions and oversizing. Subdividers shall be recruired to extend to the external limits of the subdivision all .A sewer lines placed in the streets within the subdivision. may also be imposed by the city a requirement that sewer improve-
ments installed by a developer for the benefit of the development shall contain supplemental size or capacity, or extend across
property outside the development.
There
13.08.050 Reimbursement. In the event of the installation af sewer improvements required by Section 13.08.040, the city may
enter into an agreement with the developer to reimburse the
developer for that portion of the cost of such sewer improvements
equal to the difference between the amount it would have cost
the developer to install such sewer improvements to serve the
development only and the actual cost of such sewer improvements.
13.08.060 Nethod of reimbursement. In order to pay the
costs as required by Section 13.08.050, the city may:
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(1) Collect from other persons, including public
agencies, using such improvements for the benefit of real property not within the development a reasonable charge for such use.
(2) Contribute to the developer that part of the cost
of improvements that is attributable to the benefit of real
property outside the development and levy a charge upon the real property benefited to reimburse itself for such cost paid to the development. (3) Establish and maintain local benefit districts for
the levy and collection of such charge or costs from the property
benefited.
Chapter 13.10
SEWER CONNECTION AND CAPACITY PERMITS AND FEES
Sections:
13.10.010 Sewer permit required.
13.10.020 Equivalent dwelling units.
13.10.030 Sewer capacity fee--Encina Treatment Plant.
13.10.040 Pumping plant capital contribution fee.
13.10.050 Sewer main fees.
13.10.060 Sewer capacity--Lake Calavera Hills Satellite
13.10.070 Lake Calavera Hills capital contribution fee. Sewage Treatment Plant.
13.10.010 Sewer permit required. (a) Concurrently with the issuance of a valid building permit for a new structure or
with the issuance of a move-on permit for a._nmbile home, upon
application and payxent of the required fees, a sewer permit may
be issued by the City Engineer authorizing connection of the
structure for which the building permit has been issued or the
mobile home for which the move-on permit has been issued to the
sewer system. A sewer permit shall be required for any structure
which is altered, remodeled or expanded where such alteration,
remodeling or expansion results in an increase in the equivalent
dwelling units of sewage generated from such structure. At the
time of issuance of a valid building permit or plumbing permit for such alteration, remodeling or expansion, upon application and payment of the required fee, a sewer permit may be issued by the City Engineer, authorizing the connection of the structure, for
which the building permit has been issued to the sewer system.
If the structure being altered, remodeled or expanded is already connected to the city sewer system, and a new connection is not required, the sewer permit shall authorize the use of the sewer system by the altered, remodeled or expanded structure. (b) It is unlawful for any person to connect to or use the city sewer system without first obtaining a valid sewer
permit which is in full force and effect at the time of such
connection or use. It is unlawful for any person to alter,
remodel or expand the use of a structure without first obtaining a valid building permit or plumbing permit.
this section shall expire by limitation and become null and void
(c) Every sewer permit issued pursuant to subsection (a) of
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if the building permit or plumbing permit for the structure to
which the connection is to be made, or for which the sewer system
will be used, or the move-on permit for the mobile home to be
connected, expires by limitation or otherwise becomes null and
void. If a permit has expired, then before the connection for
such structure or mobile home can be made, or the sewer system used a new sewer permit shall be first obtained and the fee therefor shall be one half of the required fee for the original permit for each equivalent dwelling unit unless one year has passed since the expiration in which case the fee shall be the same as a new permit.
the sewer system may be issued by the City Engineer at any time upon proper application. Every sewer permit issued pursuant to this subsection shall expire by limitation and become null and void if work on the connection authorized by such permit is not completed within one hundred twenty days from the date of issuance of such permit.
(d) Permits for the connection of an existing structure to
13.10.020 Equivalent dwelling units, (a) An equivalent dwelling unit is a unit of measure for the sewage generated
from particular buildings, structures or uses. One equivalent
dwelling unit is equal to an approximation of the amount of sewage
generated by an average single-family residence.
the number of equivalent dwelling units for various buildings, structures or uses in accordance with the provisions of this section. For proposed new construction, he shall review the building plans and ascertain the use of the proposed structure and then determine the number of equivalent dwelling units required by an application of the tables in subsection (c) of this section.
For an existing structure and use, he shall apply subsection (c) to that structure and use. For the alteration, remodeling or
expansion of an existing structure or use, he shall determine the number of equivalent dwelling units being used by the existing stmctur
or use by applying subsection (c). He shall then determine, in
the same manner as new construction, the number of equivalent
dwelling units required after completion of the alteration,
remodeling or expansion. The equivalent dwelling units in such
cases shall be the amount of the increase in such units, if any.
(c) The following tables shall be used to determine
equivalent dwelling units:
(b) The City Engineer shall be responsible for determining
Equivalent Type of Building, Structure or Use Dwelling Units
Each space of a trailer court or mobile home park 1.00:
Each duplex 2.00;
Each separate apartment in an apartment house 1.00;
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(4) Each housing accommodation designed for
occupancy by a single person or one
family, irrespective of the number
actually occupying such accommodation
house, hotel, motel or other multiple
dwelling designed for sleeping
acccmmodations for one or more
individuals
(5) Each room of a lodging house, boarding
Without cooking facilities
With cooking facilities
(6) Churches, theatres, and auditoriums, per each unit of seating capacity (a unit being one hundred fifty persons or any fraction thereof)
(7) Restaurants:
No seating Seating
(8) Automobile service stations:
Not more than four gasoline pumps
More than four gasoline pumps
(9) Self-service laundries, per each washer
(10) Office space in industrial or commercial establishments not listed above and warehouses
(11) Schools:
Elementary schools For each sixty pupils or
fraction thereof
Junior high schools
For each fifty pupils or
fraction thereof
High schools For each thirty pupils or
fraction thereof
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1.00;
0.60
1.00:
1.33;
2.67
2.67 plus
1.00 per each
seven seats or
fraction thereof
2.00
3.00;
.75
Divide the gross
floor area of the building in square feet by
1800;
1.00
1.00
1.00;
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In the case of all commercial, industrial and business establishments not included in subdivisions 1 through 10, inclusive of this subsection the number of equivalent
dwelling units shall be determined in each
case by the City Engineer and shall be based upon his estimate of the volume and type of wastewater to be discharged into
the sewer. The provisicns of Chapter 13.16
shall apply to all cases under this
subsection and an industrial waste permit
shall be required. Any such permit, issued
for any use hereunder, shall include a
specific volume of sewage authorized for
such use. If said amount is exceeded,
it shall be grounds for revocation of the permit.
(d) If the number of equivalent dwelling units, determined by the application of subsection (c) of this section, results
in a fraction, the fees required by this code for such fraction
shall be in proportion thereto.
(e) The City Engineer's determinations under this section
may be appealed to the City Council, whose decision shall be
final .
(f) The City Council may, by resolution, prescribe any
regulations they consider necessary for the proper application of this section. Such regulations may include but are not limited to a determination of the number of gallons of sewage which shall equal one equivalent dwelling unit. The City Council': determination of the number of gallons of sewage equalling one equivalent dwelling unit may vary for a satellite sewage treatment plant when such variation is justified based on the flow characteristics of the drainage basin served by such plant or other factors which the Council finds necessiates the difference.
13.10.030 Sewer capacity fee--Encina Treatment Plant. Except as provided, every person who wishes to use the city sewer system and the Encina Treatment Plant shall pay to the city prior to the issuance of a sewer permit, a sewer capacity fee of one thousand dollars per equivalent dwelling unit. All sewer capacity fees shall be placed in the joint sewer construction fund and shall be used to pay for capital improvements of said system.
13.10.040 Pumping plant capital contribution fee. Whenever any person applies for a sewer permit and the sewage from the applicant's property must be pumped to a treatment plant by an
intermediary public pumping plant, and such person, or his predecessor in interest, has not contributed to the cost of the
construction of such intermediary pumping plant, then such person shall pay to the city a "pumping plant capital contribution fee"
for each existing or proposed equivalent dwelling unit that is to be served by such connection. The "pumping plant capital contribution fee" shall be established by resolution by the City Council.
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13.10,050 Sewer main fee . In addition to th- fees requir
,y this chapter, an applicant for a sewer permit shall also pay ii
iGy applicable sewer main extension fees pursuant to Chapter 13.08.
13.10.060 Sewer capacity--Lake Calavera Hills Satellite
Sewage Treatment Plant. (a) The City Council, by resolution, nav establish a special sewer service area for the Lake Calavera Iirls Satellite Sewage Treatment Plant and establish a sewer :apacity fee which shall be paid by each person, other than leveloper or his successors or assigns, proposing to connect a
structure within such area to the Lake Calavera Plant prior to
:he issuance of a sewer permit. The fee, less five percent for
idministrative costs, shall be used to reimburse Lake Calavera
gills for the costs of constructing the plant. The developer may
in writing waive reimbursement for any structure using capacity
in the plant. Zollected when such a waiver has been made.
satisfy Section 13.10.030 which shall not apply to property within the special sewer service area.
The fee required by this section shall not be
(b) The fee established by this section shall be deemed to
13.10.070 Lake Calavera Hills capital contribution fee. The 2ity Council may, by resolution, levy a fee for each connection to the lake Calavera Hills Satellite Sewage Treatment Plant to
?ay for capital improvements within the special sewer service 3rea or elsewhere but benefiting such area. Such fee shall be in addition to the capacity fee required by Section 13.10.060
snd all other fees required by this title. All such fees shall
be placed in the joint sewer construction fund established by
Section 13.10.030 and shall be used to pay for capital improve- ments of the system within the special service areas or elsewhere,
but benefiting the special service area. 'I
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after
its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council held orz the 16th day of September 1980 and
thereafter
PASSED AND ADOPTED at a regular meeting of said City Council
held on the 7th day of October 1980 by the following vote,
to wit:
AYES : Counci 1 Members Cas1 er, Anear, Lewis and Kul chi n
NOES : None
ABSENT : Counci 1 Member Packard
ATTEST :
MARY H. CASLER, Vice-Mayor
(SEAL)
,
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