HomeMy WebLinkAbout1975-05-20; City Council; 3370; Request for Partial Refund of Sewer connection fee,-. ...
CITY OF CARLSBAD __I_
AGENDA BILL NO.
DATE: May 20, 1975
DEPARTMENT: Engineering
Subject:
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1 -
REQUEST FOR PARTIAL REFUND OF SEWER CONNECTION FEE - MR. LOUIS D. FURRER
Statement of the Matter
Mr. Furrer obtained a building permit for a residence at 2860 Wilson
Street on June 24, 1974, but did not pay a sewer connection fee prior
to July 1, 1974. He was then required to pay the $250.00 fee to obtain
occupancy clearance, and he requests that the fee be $50.00 in his case
as stated in Exhibit "A".
Exhibits
A. memorandum from City Engineer
Recommendation
That the request for a reduction in sewer connection charge not be granted. -
Council Action
5-20-75 Following discussion, a motion was made that a refund
of $200.00 be made to the applicant.
.\
May 12, 1975
TO : City Manager
FROM: City Engineer
SUBJECT: Sewer connection fee; request by Mr. Louis Furrer for reduction of (single family permit, 2860 Wilson Street)
Enclosure (1) is a request from Louis Furrer that a sewer connection
fee of $250 be reduced to $50 which is the fee that was in effect at
the time that a building permit was issued to Mr. Furrer on June 24,
1974. (see enclosure 2) Also, please find Enclosure (31, the permit
to connect to City sewer system.
Background
In February of 1974, the City Council approved a revised sewer conn-
ection fee ordinance (Ord. #7043 adopted March 6, 1974). In order
not to impose a hardship on those developments already under construc- tion - and those projects in the final planning and financing stages,
the ordinance provided for an effective date of June 30, 1974.
Section 13.08.080 of the new ordinance requires the $250 connection fee per living unit prior to the issuance of a sewer connection permit. The only exception to the $250 fee was that a living unit or occupied mobile home space in existence and within the City limits on June 30,
1974 could connect to the sewer system for a fee of $50 per living unit if the connection was made within 5 years. No "grandfather" clauses were provided for projects with building permits, because
of the delay in the effective date.
In June, 1974, a search of the records indicated that several projects had valid building permits but had not paid for or been issued sewer connection permits. On June 21, 1974, a letter was sent to each known developer/contractor who had a valid building permit but who had not
yet been issued sewer connection permits. 13 such letters were sent out (sample letter is enclosure 4). Of these, 7 paid the sewer conn- ection fees prior to June 30, 1974; 3 projects were not built; and 3 projects totaling 60 units paid $250 per unit after June 30, 1974
($15,000 in fees vs. $3,000 at $50 per unit). Mr. Furrer's building permit was issued after the June 21, 1974 informational letter was
sent out and, therefore, did not receive a written reminder.
Discussion
During the last several weeks prior to the June 30, 1974 effective date
of the increased sewer connection fee, there was considerable activity in requests for permits to connect to the City sewer system. During the first 4 months of 1974, 233 sewer connections were approved. In
the 2 months prior to the new fee, 585 sewer connections were approved! In addition to the 585 valid sewer connections, there were perhaps 50 various inquiries and/or demands for sewer connection permits which
City Manager
May 12, 1975
Page Two
could not be honored, primarily because building permits would not be
issued prior to June 30, 1974. As an example, on the last day prior to the new $250 fee, I had to refuse a certified check to the City for approximately 300 units on land that had yet to be subdivided. Because of my concern that a preliminary request for sewer connection fee determination might result in payment of the fees prior to the issuance of a valid building permit, I directed the Current Develop-
ment section to add "Void if Building Permit Not Issued Prior to June
30, 1974" to all the "applications for permit to connect to City sewer sys tem" .
While I can understand how Mr. Furrer could have interpreted the note
to infer that the $50 fee was applicable as long as a building permit
was issued prior to June 30, 1974, there was no intent by staff to
mislead or confuse the applicant to reach this conclusion.
Recommendation
There is no provision in the ordinance to charge other than $250 for
the subject sewer connection. If the City Council wishes to consider
changing the ordinance to "grandfather" those that had valid building
permits as of June 30, 1974, it should be done with the knowledge that it would also affect 60 other connection fees previously collected for a total reimbursement out of the sewer construction fund of $12,000.
It is my recommendation that no reimbursement be made as requested by Mr. Furrer.
TCF/de encl.
Tim 9i2L Flanagan
City Council City Hall 1200 Elm Avenue
Carlsbad, California 92008
To the Kembers of the City Council:
April 25, 1975 3751 Yvette Way Carlsbad, Calif.
r *, - .+ c - . e- L_ .z
92008
I have a problem! I'm sure this is a familiar harse that
you have heard over again. However, I do hope you w P 11 hear me out and take the proper action.
Upon receiving a lot split located at Buena Vista and Wilson in Carlsbad, this being completed in Ihy, 1974, I was told the following information during a conversation with the Engineering and Suilding Departments - it was learned that the sewer hook-up fee was going to be increased from $50 to $250 as of .July 1, 197b. Also I was told that if a building permit was secured prior to July 1, 1974, sewer hook-up fee would still remain at $50.
On June 24, 1974, I purchased a building permit for a single family dwelling located at 2860 Wilson Street, Carlsbad, Also at that time, the "Application for Permit to Connect to City Sewer SystemY No. SE 1273 was inserted in my file with the Building Dep-t- ment. this notation "Void if building permit not issued prior to June 30, 1974'*, cor,nection fee was inserted to read $50.
At the top of this form the Engineering Department made
With this settled, I got down to the businessof building the house, Building Department for my final inspection, I was told that I had ta' pay a sewer hook-up fee of $250, this due to a new City Ordinance which went into effect July 1, 1974. I stated that my building per- mit was fssued prior to July 1, 1974 and that I was exempt from the
$250 fee 2s ~>er my conversation in June when I took out the initial building permit. At this time through further conversation with the Building Department, it was learned that they had sent'out letters to all persons who had secured building permits prior to July 1, 1974 informing them that the sewer hook-up fee was going to be $250 as of July 1,1974 regardless of when the building permit was issued.
upon completion of the house and making contact with the
,
I, however, did not receive this notice and in further con- versation it was learned that my file had either been overlooked or was being worked on in the back room at the time the notices were sent out.
I strongly feel that with the information that was given to me when I applied far my initial buildirig permit and the notation put on the tope of the Sewer Connection Fee form plus the fact I did not receive the notice stating the increase from the Building Department, I question the fact that I should have to pay the $250 fee instead of the original $50 fee.
On April 18, 1975, I did pay the $250 fee under protest, this due to the fact that I had to have final clearance from the Build- ing Departmnt because of the sale of the house.
I would appreciate your immediate action.
i ..
t
10 Change of use from
City of CARLSBAD, CALIFORNIA 92008
Phone 729-1181 Applicant to complete numbered spaces only.
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PLAN CHECK FEE $ /&?@
L MICRO FILM FEE - occupancy
11 Valuation of work: $
SPECIAL CONDITIONS:
const. t Size of Bldg. No. of Man.
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SEPARATE PERMITS A8E REQUIRED FOR ELECTRICAL, PLGMB-
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THIS PERMIT BECOMES IULL AND VOID IF WORK OR CONSTRUC-
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PERIOD OF 120 OAYS AT ANY TIME AFTER WORK IS COM-
I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS APPLICATION AND KhltVv THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT T-= Iq?YTlNG OF A PERZnlT OOES NOT Pt?ESJW.E TO GIVE >-- -37 7+ TO JiOLATE OR CANCEL THE PROVISIONS OF ANY CI -52 STATE OR LOCAL LAW REGULATING 1 CONSTRUCTION OR TnE PERFORMANCE OF CONSTRUCTION.
PLANNING DEPT.
HEALTH DEPT.
FIRE DEPT.
SOIL REPORT
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ENGlN EERlNG DEPT.
WATER DEPT.
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A - WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION CK. M.0 CASH PERMIT VALIDATION CK. M.0 CASH
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CITY OF CARLSBAD
EN GIN E E RING D EPA RTM ENT
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FOR APPLICANT TO FILL IN
7 -7 I YU MA1 LING ADDRESS
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CONTRACTOR'S ADDRESS I
NEW BUILDING 1 $ I EXISTING BUILDING I
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LATERAL NO. INSTALLATION DATE
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ISSUED BY f< wLC
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OVER10'V. @ FT. P&.hCfi L
STANOARD 6" (Max. H. 30'. V. 10')
OVER 30' H. @ FT. 93Llf"
OVER 10'V.-@ FT. -- -
TOTAL CONSTRUCTION COST t, 6 PL,d PJ
SERVICE CHARGE (REPAVING ETC.)
TOTAL LATERAL CHARGE
LINE COST DATA
ASSESSMENT DIST. NO. Jo 3G
FRONTAGE COST PER FT. TOTAL
CONNECTION FEE
& -- TOTAL CHARGES (LATERAL ETC.)