HomeMy WebLinkAboutNS-2065 - Amending Section 39-53 of Santa Ana Municipal Code, Pertaining to Sewer Connection FeeORDINANCE NO. NS- 2065
REL:mb(19)
5/24/90
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 39-53 OF THE SANTA ANA
MUNICIPAL CODE, PERTAINING TO THE SEWER
CONNECTION FEE.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That section 39-53 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 39-53.
Connection permit required; determination
of fee.
(a) Except as provided in subsection (b) hereinbelow,
no person shall make any sewer connection unless a permit
therefor shall have been applied for and issued by the
director of public works. No permit for such connection
shall be issued by the director of public works as provided
in this section unless the application therefor is
accompanied by the payment of a fee to the city in an
amount which the director of public works shall determine
to be said applicant's proportionate share of the cost of
construction of such public sewer, as prescribed in
subsection (c).
(b) Whenever a main sewer line is replaced by a new
line, the laterals connected to the former line shall be
connected to the new line as part of the installation
thereof. In such event no permit shall be required from
the owner or occupant of any existing premises thus
reconnected.
(c) The sewer connection fee for the applicant's pro-
portionate share of the cost of public sewer construction
shall be computed on the following basis:
(1)
The fee shall be an amount equal to the
assessment per fixture unit, multiplied by
the net increase in fixture units on the
parcel or parcels for which sewer connec-
tion application is made, over the total
fixture units previously serviced by any
sewer line to which such parcel or parcels
were connected. The number of fixture
units assigned to each plumbing fixture
shall be as provided in the plumbing code
of the City of Santa Ana.
590
ORDINANCE NO. NS-2065
PAGE TWO
(2)
In all cases of sewer connection application
for the servicing of a commercial laundry
or restaurant, including any first occupancy
unit under subparagraph (b), a fee in the
amount of the standard cost per fixture
unit multiplied by thirty (30) fixture units
per clothes washing or dishwashing machine
shall be assessed in addition to other fee
assessments pursuant to subparagraph (1)
hereinabove.
(3)
The city council, shall, from time to time,
establish by resolution the current assess-
ment per fixture unit and the sewer connec-
tion application fees resulting therefrom
in accordance with this section.
(4)
Ail fees collected shall be deposited into
the sewer connection fee fund pursuant to
Article VII of Chapter 13.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sent-
ence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconsti-
tutional.
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
cc~mitted prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
591
ORDINANCE NO. NS-2065
PAGE TWO
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder appertain-
ing shall continue in full force and effect.
ADOPTED this ]8th day of Ju,e , 1990.
ATTEST:
Mayor
Cl~erk of the Council~ !
COUNCILMEMBERS:
Young Aye APPROVED AS TO FORM:
Acosta Absent
Griset Aye
M ay A.ye
McGuigan ^,ye
Norton ^,ye er
Pulido Aye City Attorney