City Auditor - City Recorder - Council Ordinance - 181506 individual sanitary sewer connections program PCC 17.33 amendment exhibit B

Exhibit B

Program to Replace Non-Conforming Sanitary Sewer Connections

City Code Amendments

1. Amend Chapter 17.33, Mandatory Sewer Connection, to include the following new section:

17.33.105 Replacing Non-Conforming Sanitary Sewer Connections

A. Purpose. The purpose of this Section is to facilitate the replacement of non-conforming sanitary sewer connections with connections that are in conformance with applicable plumbing codes. This Section sets forth requirements for the timely connection of individual properties to the public sewer system when a public sanitary sewer is available, and provides for financial assistance to affected property owners.

B. Administration. Unless otherwise established, the Bureau of Environmental Services is responsible for administering the provisions of this Section.

C. Applicability. This Section applies to properties that are served by a non-conforming sanitary sewer connection, such as individual or shared connections that that extend through neighboring property or in a public-right-of-way without recorded easements and operation and maintenance agreements.

D. Public Sewer Improvements. The Bureau shall identify the most appropriate means to construct public sewer improvements to facilitate the conversion of non-conforming sanitary sewer connections based on factors that protect public health and safety, and minimize the financial impacts on the City’s sanitary sewer utility and utility ratepayers. The Bureau will establish the criteria used to make system improvement decisions in administrative rules. In the event that the Council organizes a local improvement district for the purposes of this Section, the Bureau shall employ procedures set forth in this Title and administrative rule.

E. Mandatory Conversions. The City requires the abandonment of a non-conforming sanitary sewer connection within 180 days of providing notice to affected property owners of the availability of individual and direct sanitary sewer connections. The City will provide a reminder to all affected property owners at least 30 days prior to the connection deadline.

F. Sanitary Sewer Conversion Charges.

1. Obligation. Property owners shall pay or finance sanitary sewer conversion charges for the costs of constructing public sanitary sewers to facilitate the replacement of non-conforming sewer connections. The conversion charge is paid in lieu of line, branch and system development charges set forth in Chapter 17.36, and in lieu of special assessments for local improvement districts as further described in this Section.

2. Financing. The City shall provide financial arrangements for conversion charges in the same manner as provided in this Title for local improvement special assessments and sanitary system development charges.

3. Calculation of Rates. Council shall establish rates for sanitary sewer conversion charges by general ordinance adopted annually for the purposes provided in Chapter 17.36 of this Title.

Exhibit B

4. Timing. Property owners must pay or finance the conversion charges prior to the issuance of permits to replace the non-conforming sanitary sewer connection with an individual and direct connection to a public sanitary sewer. The Bureau shall calculate sanitary sewer connection charges for subject properties based on rates in effect on the earliest of the following dates:

a. the date the property owner pays the sanitary sewer conversion charges or finances the charges by means of the City’s assessment loan or safety net program; or

b. the date the property owner files a signed waiver of remonstrance for the formation of a future local improvement district to construct public sanitary sewers; or

c. where the property is served by a local improvement district, the date the City calculates estimated special assessments for the district formation notice; or

d. where a property is served by a sewer extension project, the date the property owner seeks sewer connection and/or plumbing permits to make an individual and direct connection to the public sewer system.

5. Relationship to Special Assessments for Local Improvement Districts. The Bureau shall apply the following conditions to the calculation of special assessments for local improvements districts organized for the purposes of this Section:

a. The estimated special assessment roll shall be limited to the amount of the sanitary sewer conversion charges as determined by Subsection 17.33.105F4.

b. In the event that a benefited property owner paid or financed sanitary sewer conversion charges prior to the preparation of the estimated special assessment roll as provided in this Section, the Bureau shall establish a zero assessment for the benefited property.

c. The Bureau shall pay to the LID Construction Fund the difference between the final total costs of each local improvement district organized for the purposes of this Section, and the sum of estimated assessments that were established at the formation of the district.

d. The Bureau shall take the following actions in the event that the total actual costs of the local improvement district are less than the sum of sanitary sewer conversion charges calculated for the benefited properties:

(1) the Bureau shall apportion the difference to each affected property in proportion to the property’s share of the sum of sanitary sewer conversion charges paid, financed or incorporated into the local improvement district special assessment roll.

(2) The final assessment roll shall reflect the apportionment based on the actual project costs.

Exhibit B

(3) Where a property owner paid or financed the sanitary sewer conversion charge prior to the notice of estimated assessment, the Bureau shall determine the most administratively efficient method to refund or credit the apportioned difference allocated to the property. The refund or credit shall be provided to the current owner of the property at the time the Council adopts the final assessment roll for the local improvement district.

G. Relationship to Mandatory Sewer Connections. This section is exempt from the provisions and requirements of Sections 17.33.010 through 17.33.030, and 17.33.035A.

2. Amend Section 17.33.040 as follows:

17.33.040 Declaration of Nuisance.

A. Any property not connected to a public sewer system as required by Section 17.33.010 or Section 17.33.105 is hereby declared a nuisance and subject to abatement or correction as provided for in Section 17.33.060. The Director shall establish the procedures and forms to be used to notify property owners about sewer system availability and connection delinquencies.