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HomeMy WebLinkAbout1977-04-05; City Council; 2261-3; Sewer connection fee ordinance cleanupx* CITY OF CARLSBAD AGENDA BILL NO. 2761 - smt- 2 Initial : Dept . Hd . DATE : Ami1 5. 1977 C. Atty.\1= DEPARTMENT: City Attornev C. Mgr. &, Subject: SEWER CONNECTION FEE ORDINANCE CLEANUP Statement of the Matter The City Council at your meeting of March 15, 1977 adopted Ordinance No. 7045 increasing the sewer connection fees. The ordinance was similar in form to the one utilized for the same purpose in 1974. As a result of our experi- ence under that ordinance, and in response to some discussion on the part of individual members of the Council, Ordinance No. 7045 was reviewed. It was determined that some modifi- cations were in order. The modifications do not affect the substance of the previous Council action; they more clearly tie the issuance of a sewer permit to the building permit and resolve a minor conflict with a provision of the Building Code. The attached memorandum explains the changes in more detail.. Exhibit Memorandum from City Attorney to City Manager, dated March 17, 1977 Ordinance No. 7&&. Recommendation If the Council concurs, your action is to introduce Ordinance No. ?dL/& . Council Action: 4-5-77 Ordinance No. 7046, regarding the payment of sewer connection fees and their relation to Building Permits, was introduced for a first reading by title only. 4-19-77 Ordinance #7046 was given a second reading and adopted. MEMORANDUM DATE : March 17, 1977 TO : City Manager FROM : City Attorney SUBJECT: SEWER FEE ORDINANCE CLEANUP After discussions with the Building Director, the Public Works Administrator, and the City Engineer, it appears that there are some additional changes which should be made to the sectionsof the Municipal Code dealing with sewer connection fees. The changes from the existing code are as follows: 1. The Building Director finds a conflict between Municipal Code Section 18.04.025 which requires all sewer fees to be paid prior to the issuance of a building permit, with Section 13.08.085 which provides that a sewer permit may be issued at any time after the issuance of a building permit. The administrative practice has been to follow the most recent enactment which is Section 13.08.085. The suggested change would alter the last sentence of the first paragraph of this section, which now reads as follows: "In the case of a new building all fees required for connection to public water and sewer systems must be paid or a bond posted before the permit is issued." That sentence will be revised to read as follows: "In the case of a new building all fees required for connection to any public water system and connections to sewer systems provided by entities other than the City of Carlsbad, must be paid or a bond posted before the permit is issued. 2. Subsection (a) of Section 13.08.085 ties the issuance of a sewer connection permit to the issuance of a building permit. That section has been changed to also include the equivalent for a mobile home which is a move-on permit. City Manager -2- March 17, 1977 3. Subsection(c) of Section 13.08.085 has been amended in two respects. First, to carry out the addition of the mobile home move-on permit and, second, to make the sewer permit's expiration directly relate to that of the building permit for the structure to be connected. The present ordinance provides that the sewer permit will be expire in sixty days if wbrk on the connection is not commenced or if such work is suspended for one hundred twenty days. That section has been amended to provide that the sewer connection permit will remain valid as long as the building permit remains valid and will expire if the building permit expires. 4. Subsection (d) has been added to Section 13.08.085 to deal with those sewer permits which we issue-. for existing structures when no building permit will be involved. Such permits, once issued, will expire in one hundred twenty days if the connection is not completed. With your concurrence I will prepare an ordinance incorporating the above changes and an agenda bill for presentation to the City Council. VINCENT F. BIONDO, JR. City Attorney \ VFB/mla cc: Public Works Administrator City Engineer Building Director 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 7046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTERS 13.08 AND 18.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 13.08.085 AND 18.04.025 REGARD- ING THE PAYMENT OF SEWER CONNECTION FEES AND THEIR RELATION TO BUILDING PERMITS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 13, Chapter 13.08 of the Carlsbad Municipal Code is amended by the amendment of Section 13.08.085 to read as follows: "Section 13.08.085 Sewer Connection Permit. (a) Any time after issuance of a valid building permit for a new structure or concurrently with the issuance of a move-on permit for a mobile home upon application and payment of the required fee, a sewer connection 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 fo;- which the move-on permit has been issued to the sewer system. (b) It shall be unlawful for any person to connect to the City sewer system without first obtaining a valid sewer connection permit which is in full force and effect at the time of such connection. subsection (a) shall expire by limitation and become null and void if the building permit for the structure to which the connection is to be made or the move-on permit for the mobile home to be connected expires by limitation or otherwise becomes null and void. Before the connection for such structure or mobile home can be made a new sewer connection permit shall be first obtained and the fee therefore shall be two hundred fifty dollars, provided that such suspension or abandonment has not exceeded one year. to the sewer system may be issued by the City Engineer at any time upon proper application. issued pursuant to this subsection, shall expire by ,limitiation 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 perhit." (c) Every sewer connection permit issued pursuant to (d) Permits for the connection of an existing structure Every sewer connection permit SECTION 2: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code is Liaended by the amendment of Section 18.04.025 to read as follows: "18.04.025 Section 302 (a) amended--Building permit issuance. Section 302(a) of the Uniform Building Code is amended to read: !The application, plans and specifications filed by an applicant for a permit shall be checked by the buildin official. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for permit and the plans filed therewith conform to the require- ments of this code and other pertinent laws and ordinances and that the fee specified in this chapter has been paid, he shall issue a permit therefor to the applicant. In the case of new buildings all fees required for connection to any public water system and connections to sewer systems provided by entities other than the City of Carlsbad must be paid or a bond posted before the permit is issued. I When the building official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications "Approved". Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with approved plans. The building ofzicial may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole buildinq or structure have been submitted or approved, provided adequat information and detailed statements have been filed comply- ing with all pertinent requirements of this code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted'". EFFECTIVE DATE: This ordinance shall be effective 30 days after its adoption, and the City Clerk shall certify to I the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 5th day of April 1977 and thereafter /// /// I /// 2. 9 10 ii 12 13 21 22 23 24 25 . 26 27 28 2Q PASSED AND ADOPTED at a regular meeting of said Council held on the 19th day of Apri 1 , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ATTEST : S, City Clerk ( SEAL) 3.