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ORDINANCE NO. l030(CCS)
(C~ty Council Ser~es)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING
SECTIONS 7143A, 7143B, 7143C,
7143D, fu~D 7143E TO ARTICLE VIr
OF THE SANTA MONICA MUNICIPAL CODE
PERTAINING TO SEWER-USER CHARGES.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sect~on 7143A ~s hereby added to Artlc1e
VII of the Santa Mon~ca Hunic~pal Code and shall read as
follows:
Section 7143A. Sewer Serv~ce Charge.
Definitions. As used ~n Sect~ons 7l43A through 7l43E, inclus~ve,
of th~s Chapter, the fo11owlng terms and phrases shall have the
mean~ng set forth hereln, unless it 1S apparent from the context
that a different mean~ng is lntended:
Adjustment: A determinat~on that the volume-
trlc amount of sewage WhlCh enters the sewer system from a
premlse 1S deemed to be a defined amount substant~ally d~fferent
from that amount specif1ed ~n a resolution of the City Councll
referred to herelnafter.
Average Sewage: The average amount af sewage
whlch enters the sewer system from a user, as determined and
established far res~dent~al, commerical, ~ndustrial, and
governmental users from t~me to time by resolut~on of the City
Council.
Commercial: That use of the sewer system
which is ~n any manner related to the operation of or on any
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premises for purposes of buslness, commerce, or trade.
Governmental: That use of the sewer system
by a c~ty, c~ty and county, county, state, federal government,
or a politlcal subdlvislon of any of the foregolng.
Industrial: That use of the sewer system
WhlCh is In any manner related to manufacturing or process~ng
actlvitles.
Premlses: A parcel of real property, and any
appurtenances and improvements situated thereon, dlscharg~ng
sewage or connected to the sewer system.
Resldentlal: That use of the sewer system
which 15 related to predominantly re51dential use of the
premlses in discharging sewage lnto the sewer system.
Sewage: The used, spent, or wasted discharge
of the communlty of the City recelved, dlrectly or lndlrectly,
by the sewer system from one or more of the following sources,
to-wit: residences, commercial bUlldlngs, lndustrlal plants,
other structures and instltutions, subsurface water, surfaoe
water, and storm water.
Sewer Serv~ce Charge: That amount lmposed
upon users of the sewage system as provided for in thlS Chapter.
Sewer System: The entlre network of
appurtenances, ~mprovements, fixtures, real and personal
property involved and contrlbutlng to the operatlon and maln-
tenance of the sewage collection and disposal system of the
Clty of Santa Monica and the City of Los Angeles, including
but not I1mlted to sewer facil~tles, pumplng stations, and
treatment plants.
User: An owner or occupant, whether commer-
clal, governmental, lndustrlal, or resldentlal, of an
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appurtenance, improvement, buildlng, lot, or premlses belng
served by the Clty of Santa Monlca Water Divlsion.
SECTION 2. Sectlon 7143B 1S hereby added to Article
VII of the Santa Monlca Munic1pal Code and shall read as
follows:
Section 7l43B. Sewer 5erVlce Charges.
A. There lS hereby imposed a sewer serVlce
charge for the recelving. transportatlon, pUNplng, treatment,
and disposal of sewage through the sewer system, and capltal
replacement costs pertalnlng thereto.
B. The sewer service charge shall be a
charge to commerclal, governmental. lndustrlal, and resldentlal
users on the volume of sewage which enters the sewer system
from the premlses based on the amount of water dellvered or
furnlshed to the premises. The imposltlon of such a charge
based on volume shall not preclude imposltion of a supplemental
charge called an Industrlal Waste Quallty Surcharge.
C. The sewer serVlce charge and the industrial
waste quallty surcharge shall be computed at the rates estab-
llshed from time to t1me by resolution of the Clty Cauncll.
D. No sewer service charge shall be made or
collected where no portlon of the water del~vered to the
prem~ses of the user enters the sewer system.
E. Any user, at h~s own option and cost, may
obtain a perm~t from the Department of PubllC Works and install
pursuant thereto and subJect to inspect~on by the Department
of PubllC Works, a meterlng deVlce or devices approved by the
Department of Public Works for measur~ng all of the sewage
discharge lnto the sewer system from hlS prem~ses. For purposes
of this subsect~on E, the total aggregate measured through said
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deVlce or devices during a g~ven bl11ing period wlll be deemed
to be the average sewage from hlS premises for sald bllllng
period.
F. The Dlrector of PubllC Works shall have
the power and duty, and lS hereby dlrected to enforce all of
the provlsions of Section 7143A through 7143E, inclus~ve,
except as otherw~se set forth herein, and shall provlde such
rules and regulatlons as are conslstent wlth the provislons of
said sectlons and may be necessary or deslrable to ald In the
admlnistratlon, adJustments, and enforcements of said sectlons.
SECTION 3. Sectlon 7143C is hereby added to Article
VII of the Santa Monlca Munlclpal Code and shall read as follows:
Sect~on 7l43C. B~lling - Collectlons - Payment of
Charges - Delinquency Penalt~es.
The D~rector of Publ~c Works shall direct,
supervlse, and control the co11ectlon of the sewer serVlce charge
~mposed In this Chapter, and shall arrange for the billlng,
collection, delinquency penalties, and accounting for the sewer
service charge through the ava~lable facillties of the Water
DivlS10n of the C~ty and in accordance wlth lts regular b~lling
practlces, as provlded in the appllcable sect~ons of the Santa
Monlca MUhlc1pal Code.
SECTION 4. Sectlon 7143D is hereby added to Artlcle
VII of the Santa Mon~ca Munlc~pal Code and shall read as follows;
Section 7143D. AdJustment and Appeals.
A. The Dlrector of Public Works shall have
the power to provlde for adJustments in the Average Sewage
Discharge factors and the Industrlal Waste Surcharge factors
provlded for in a resalutlon of the C1ty 1n cases where the
Director of Public Works determlnes that the actual quantity or
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quality of sewage d~scharge is substant~ally different from
that allowed for in the Average Sewage D~scharge factor or
the Industr~al Waste Surcharge factor provided for ln sald
resolution.
B. Any user may appeal determ~nat~on
of the Dlrector of PubllC Works to the License ReVlew Board
as provlded for in Sect~an 6126 of the Santa Manica Mun~c~pal
Code.
SECTION 5. Section 7l43E is hereby added to
Art~cle VII of the Santa Mon~ca Municlpal Code and shall read
as follows:
Section 7143E. Q~sposltion of Funds.
All sewer serVlce charge mon~es collected
for and by the Clty shall be placed and deposlted into a
Sewer Constructlon Operation and Malntenance Fund, to be
expended for the purposes of the constructlon, operatlon, and
malntenance of the sewage system of the C~ty of Santa Monlca
and the sewage treatment facilit~es of the City of Los
Angeles, and for the purposes of paying for any refunds,
b~lllngs, collections, and administrat~ve costs related to
the sewer service charge.
SECTION 6. The charges prov~ded for here~n shall
be reduced or eliminated when and lf such act~on is flscally
feasible and upon further action of the City Councll.
SECTION 7. Any provlslon of the Santa Monica
Munlcipal Code, or appendlces thereto lnconsistent herewith,
to the extent of such lnconslstenc~es and no further, are
hereby repealed or mod~fied to that extent necessary to
effect the provlsions of this ordlnance.
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SECTION 8.
If any sect~on, subsect~on, sentence,
clause or phrase of thlS ordlnance 15 for any reason held
to be 1nva11d or unconstitut1ona1 by a declslon of any court
of competent ]urlsdlctlon, such declslon shall not affect the
valldity of the remalhlng portlons of the ordlnance. The
Clty Councll hereby declares that It would have passed thlS
ordlnance and each and every seetlon, subsectlon, sentence,
clause or phrase not declared lnvalld or unconstltutlonal
wlthout regard to whether any portlon of the ordlnance
would be subsequently declared lnvalld or unconstltutlonal.
SECTION 9.
The Mayor shall sign and the Clty
Clerk shall attest to the passage of thlS ordinance. The
Clty Clerk shall cause the same to be publlshed once In
the offlcial newspaper wlthin flfteen (15) days after ltS
adoptlon. The ordlnance shall become effectlve after
thlrty (30) days from its adopt~on.
ADOPTED and APPROVED thlS 13t~ day of
Apr~,
1976.
'7,/~~' 1~-2./
Mayor
ATTEST:
.I / l/'"
.I /r L ~ ~'A 'r l ClIt,tA-tj)'-
'-- Cl ty ClerK/ ~
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
SS.
I do hereby certlfy that the foregolng ordinance
was duly and regularly lntroduced at a meeting of the City
Councll held on the 9th day of March
, 1976; that
thereafter the sald ordlnance was duly adopted at a meeting
of the Clty Councll on the 13th day of April
, 1976,
by the fo11owlng vote of the Counell:
AYES:
Councllrnember:
Cohen, Judson, Reed, Swink,
van den Steenhoven, Trives
NOES:
Councilmember:
None
ABSENT.
Councilrnember:
McCloskey
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! U~>1/"" ~ pyf O.'?Jl-~X'
City Cler~ ~/
APPROVED AS TO FORM:
City "Attorney
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