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VALLEJO SANITATION AND FLOOD CONTROL DISTRICT
ORDINANCE NO. 2011-70A
AN ORDINANCE ESTABLISHING FEES TO PROVIDE FOR SANITARY SEWERAGE FACILITIES AND THE ISSUANCE OF PERMITS TO CONNECT
TO THE DISTRICT SANITARY SEWER SYSTEM
THE BOARD OF TRUSTEES OF THE VALLEJO SANITATION AND FLOOD 1
CONTROL DISTRICT DOES ORDAIN AS FOLLOWS: 2
SECTION 1. PURPOSE 3
A. The Board of Trustees recognizes that there have been significant 4
capital expenditures to prepare the sanitary sewer system for 5
ultimate build-out conditions as per the City of Vallejo’s General 6
Plan. Most of these improvements have been debt funded, and the 7
service on these debts is borne by the ratepayers. Accordingly, new 8
users must pay a connection fee that offsets debt service made by 9
other ratepayers up to the time of connections. 10
B. The Board of Trustees recognizes that capital reserves must be 11
maintained to pay for unanticipated failures of parts of the sanitary 12
sewer system. Capital reserves are also necessary to respond to 13
changes in regulatory requirements in a timely fashion. Connection 14
fees are required to maintain these reserves at appropriate levels. 15
2
C. The purpose of this chapter is to provide for the establishment of 16
fees and charges to assure the fair and equitable distribution of costs 17
between existing and future entities served by the system, the 18
construction and preservation of adequate sanitary sewer facilities, 19
and the maintenance of appropriate capital reserves for the 20
protection of the public health, safety, and welfare of the residents of 21
the District, as established by the Board of Trustees of the District. 22
23
SECTION 2. DEFINITIONS 24
For purposes of this ordinance, the following definitions shall apply: 25
1. BEGUN CONTRUCTION is defined as having fully completed grading and 26
construction of the concrete slab(s) or the foundations(s) for all buildings 27
and/or dwellings to be constructed on each individual lot or PARCEL. 28
2. CAR WASH means a single business in a building or buildings on a PARCEL 29
that provides automated car wash facilities or self-wash facilities. 30
3. CHURCH means a building that is used as a place of worship for a 31
congregation. If the building contains living quarters, these quarters shall be 32
chargeable at the SINGLE-FAMILY DWELLING or HOTEL UNIT rate, as 33
applicable. 34
4. COMMERCIAL UNIT means a single business in a building or buildings on a 35
PARCEL. A single business may be a sole proprietorship, a partnership, 36
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professional practice, corporation, etc. A building may contain several 37
COMMERCIAL UNITS, because each separate business shall be counted as 38
a COMMERCIAL UNIT. A COMMERCIAL UNIT shall be any retail store, 39
office, medical office, dental office, barber or beauty shop, food service facility 40
that uses disposable dishes and utensils to service customers and that 41
serves pre-packaged food or food that requires minimal preparations (such 42
as assembly of sandwiches), or other business establishment in which one 43
(1) single business is conducted. 44
5. COMMERCIAL /WAREHOUSE is a building open to general business 45
customers for retail purposes, but which also serves as a WAREHOUSE for 46
goods. Such use is evidenced by aisles 8.5’ or wider, by floors surfaced for 47
WAREHOUSE type vehicles, and by exposed beam ceilings. 48
6. CURRENT LEVEL OF DEVELOPMENT is the level of development of the 49
land area, or any portion thereof, served by the District at the time of 50
application by a developer or landowner for connection to either the sanitary 51
sewer or storm drain system. 52
7. DEVELOPMENT means any IMPROVEMENT to a PARCEL on which no 53
previous IMPROVEMENTS have been constructed. 54
8. DRIVE IN/TAKE OUT RESTAURANT is a facility that uses disposable dishes 55
and utensils to serve customers. It is characterized by food service methods 56
emphasizing minimal on-site food preparation. It will not typically have an on-57
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site garbage disposal, food preparation materials such as pots, pans and 58
mixing bowls, or other equipment that discharges waste from food 59
preparation directly in to the sanitary sewer. 60
9. EQUIVALENT SINGLE FAMILY DWELLING UNIT (EDU) shall be determined 61
by dividing the wastewater FLOW from the DEVELOPMENT by the 62
wastewater FLOW from a SINGLE FAMILY DWELLING UNIT. 63
10. FLOWS refers to flows as determined in accordance with the District 64
Design Criteria. The terms capacity, flow, and flow rate are used 65
synonymously. 66
11. GOVERNMENTAL SERVICES shall mean the provision of public good and 67
toll services under the direct of control of a municipal or public entity. 68
12. HISTORIC PUBLIC BUILDING is any building that is registered as an historic 69
building by federal, state or local government or authorized agency thererof 70
and (except for a caretaker) is not used as a dwelling, rental unit, or any other 71
purpose providing income for profit. 72
13. HOSPITAL OR CONVALESCENT HOME UNIT means permanent bed 73
space, which a hospital or convalescent home uses to accommodate 74
patients, excluding bed space in recovery, surgical, or other bed spaces used 75
for short periods of time in a transitory manner, and similar rooms. 76
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14. HOTEL OR MOTEL means sleeping quarters without cooking facilities. If the 77
hotel or motel contains UNITS with cooking facilities, each such UNIT shall 78
be charged the fee applicable to a MULTIPLE DWELLING UNIT. 79
15. IMPROVEMENT shall refer to any alteration of, or addition to, property that 80
changes the amount, quality or rate of sanitary sewer discharge from the 81
property. 82
16. INDUSTRIAL UNIT means a building that is used only for the manufacturing, 83
processing, or assembling of a product or material for sale or resale. 84
17. LAUNDROMAT means a business providing self-service laundry facilities. 85
Businesses using washing machines of a type and size typically used in 86
households or self-service laundries will be included in this definition for fees 87
charged per machine. 88
18. LAUNDRY means a single business in a building or buildings on a PARCEL 89
providing commercial laundry service. 90
19. MULTIPLE DWELLING UNIT means any building or buildings on a single 91
legal land PARCEL, constructed for occupancy by more than one (1) family. 92
Each of the separate living quarters shall be referred to as a UNIT. 93
20. ORIGINAL STRUCTURE is a STRUCTURE whose use has been permitted 94
under the terms of this or a previous ordinance. 95
21. PARCEL shall mean an assessor’s PARCEL. 96
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22. PUBLIC FACILITY is any facility serving the general populace of an area and 97
operated at the expense of a public utility or government agency. In addition 98
to the typical facilities such as city halls, office buildings, libraries and 99
maintenance yards, the definition also includes facilities that are typically not 100
work sites for extended periods of time, such as pump stations, water 101
reservoirs, and parking lots. 102
23. RECREATION FACILITY is a public or private area utilized for recreational 103
or camping purposes, which may include spaces for parking of recreational 104
vehicles that are temporarily occupied for a period of time that is typically less 105
than three weeks. 106
24. REVEDELOPMENT means either the construction of any IMPROVEMENT 107
where existing STRUCTURES have been removed or will be removed from 108
the property to allow the IMPROVEMENT, or a change in the use category, 109
number, or size of a STRUCTURE or for fee purposes; e.g., SINGLE-FAMILY 110
DWELLING UNIT to COMMERCIAL UNIT. 111
25. RESIDENTIAL CARE FACILITY means any family home, group care facility, 112
or similar facility, which provides twenty-four (24) hour non-medical care of 113
persons in need of personal services to sustain the activities of daily living, 114
and is occupied by five (5) or more persons not related by blood. The 115
Community Care State Licensing Board, the Vallejo Planning Department, or 116
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the County of Solano shall have determined that the facility is a 117
RESIDENTIAL CARE FACILITY. 118
26. RESTAURANT is a facility that prepares and serves food and beverages, is 119
open to the public, and makes charges specifically for the food provided on 120
an item or meal basis. Non-disposable utensils are used to serve the food, 121
and a garbage disposal and a substantial amount of food preparation utensils 122
are used in the operation. 123
27. SECOND-FAMILY RESIDENTIAL UNIT shall mean a second DWELLING 124
UNIT constructed or adapted within, onto, or apart from an existing SINGLE-125
FAMILY DWELLING UNIT on a single residential lot. 126
28. SENIOR LIVING CENTER is a residential facility for senior citizens that 127
provides independent living quarters and may have on site any combination 128
of eating, laundry, recreation, and other joint use areas. 129
29. SEWERAGE FACILITIES means the complete sewerage system including 130
pipelines, pumps, treatment plant, outfalls, and all appurtenances or any 131
portion thereof. 132
30. SINGLE-FAMILY DWELLING UNIT means any building constructed for 133
occupancy of one single family. 134
31. STRUCTURE means a building or an IMPROVEMENT. 135
32. TEMPORARY FACILITY means any facility, such as a construction or sales 136
trailer, which is meant to be removed from a PARCEL upon the completion of 137
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a limited and specifically defined task. Residential uses and uses associated 138
with expansion of a permanent use are not considered temporary facilities. 139
33. TRAILER OR MOBILE HOME UNIT means each permanent trailer or mobile 140
home space in a trailer court or mobile home park with plumbing hookup. 141
34. UNIT shall mean the method of measurement (e.g., square foot, room, 142
student, etc.) used when fees or other numerical determinations are involved. 143
It may mean a use classification when describing a type of facility. 144
35. ULTIMATE LEVEL OF DEVELOPMENT is the level of development generally 145
described as the developmental build-out of the land area, or any portion 146
thereof, served by the District and as defined in the most recent update of the 147
City of Vallejo’s General Plan. 148
36. VALLEJO CENTRAL REDEVELOPMENT AREA is the area designated by 149
the City of Vallejo Planning Commission and approved by the City Council, 150
more particularly described and platted on a map on file in the District’s office. 151
37. WAREHOUSE means a building where goods, merchandise, or wares are 152
stored before being distributed for sale to retailers or business customers. 153
154
SECTION 3. PERMIT TO CONNECT 155
A sanitary sewer connection permit is required to DEVELOP or 156
REDEVELOP any PARCEL, property, and/or STRUCTURE within the 157
District’s boundary. Permits will be issued by the District upon proper 158
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application at the District’s office and upon payment of all appropriate 159
fees. Evidence of all necessary rights and easements to properly 160
convey flows to the District’s facilities shall be presented prior to 161
obtaining a permit. A sanitary sewer connection permit shall be 162
considered a sanitary sewer encroachment permit when the District 163
resolutions, rules, and ordinances require such a permit. All 164
connections to District sanitary sewer facilities shall be performed by 165
individuals or firms holding a valid A or C-42 license. The District shall 166
have the discretion to specify the point of connection to the District’s 167
sanitary sewer system. 168
A permit to connect to the public sanitary system shall be valid for one (1) 169
year from the date of issuance. The sanitary sewer permit shall become null and 170
void if the permittee has not, prior to the end of the one (1) year period, 171
connected to the sanitary sewer, or begun construction or obtained an extension 172
of the period to connect prior to the end of the period during which the permit is 173
valid. All extensions of permits shall be valid for a period (1) one additional year. . 174
The permittee may request either an extension of time in which to comply 175
or a refund of the connection fees paid, in accordance with Section14 and 176
Section 15 of this ordinance. 177
178
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SECTION 4. REQUIREMENT TO MAINTAIN PERMIT REQUIREMENTS 179
All permittees shall comply with wastewater pretreatment requirements, 180
storm water best management practices, and any other conditions or 181
requirements of the District unless specifically relieved of such conditions or 182
requirements by a written notice by the District Manager. Failure to maintain the 183
permit requirements may result in permit revocation. 184
185
SECTION 5. RIGHT OF ENTRY 186
All property owners, as a condition for the issuance of a sanitary sewer 187
permit, shall grant to the District a Right of Entry for purposes of testing, 188
inspection, and repairing of the upper sewer lateral. Said Right of Entry shall be 189
binding on all heirs, successors, and assignees of the permittee. 190
191
SECTION 6. INSPECTION AND PROCESSING FEE 192
The permittee, in addition to paying the connection fee, shall pay a permit 193
request processing fee and an inspection fee with respect to each permit applied 194
for, for construction or installation of facilities exterior to a STRUCTURE, 195
pretreatment devices, or measurement devices within a STRUCTURE. 196
The permit request processing fee and the inspection fee shall be 197
determined in accordance with Ordinance No. 2011.70A.1. 198
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If the application is for determination of both a sanitary sewer connection 199
fee and a storm drain connection fee, the applicant shall pay only one (1) 200
processing fee and one (1) inspection fee. 201
202
SECTION 7. SANITARY SEWER CONNECTION FEES 203
A. In order to provide required SEWERAGE FACILITIES within the District, 204
the following fees are established and shall be paid to the Vallejo 205
Sanitation and Flood Control District prior to the approval of a permit to 206
connect a STRUCTURE to the sanitary sewer collection system 207
maintained by the District, or to REDEVELOP an existing STRUCTURE 208
in a manner that will increase the intensity of use with respect to sewage 209
generated or the number of UNITS. 210
B. Issuance of a permit shall be contingent upon approval of any required 211
plans, and recorded maintenance agreement, and submission of 212
properly prepared and executed Right-of-Entry and easement 213
documents, payment of connection fees and other applicable fees, and 214
the physical proximity of an approved connection point (see Section 9) 215
to the existing sanitary sewer collection system. 216
C. If the type of connection is not specified herein, or if the sewage flow 217
characteristics of the proposed connector are not typical, the fee shall be 218
determined using UNIT costs and the estimated average sewerage 219
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characteristics of the proposed connector. If standard published data or 220
historical records, as approved by the District Manager, are not 221
available, then an estimate shall be made and the connection fee shall 222
be charged based on that estimate. The estimate shall be verified (1) 223
one year after the connection is made for possible adjustment in the fee. 224
Unit costs shall be as shown in Ordinance No. 2011-70A.1. 225
1) CAR WASH shall be charged as shown in Ordinance No. 2011-70A.1 for 226
each STRUCTURE draining wash water to the sewer. If a car wash 227
building also contains another commercial business, that business shall be 228
regarded as a separate UNIT chargeable as a COMMERCIAL unit. 229
2) CHURCH shall be charges as shown in Ordinance No. 2011.70A.1 for 230
each STRUCTURE containing toilet facilities. 231
3) COMBINATION OF DIFFERENT TYPES OF UNITS such as commercial 232
and dwelling within the same STRUCTURE: each UNIT shall be charged 233
the fee for that type of UNIT. The aisle space for a 234
COMMERCIAL/WAREHOUSE use area shall be treated as COMMERCIAL 235
UNIT space, and the remaining area shall be treated as WAREHOUSE 236
space. 237
4) COMMERCIAL UNITS shall be charged the commercial fee as shown in 238
Ordinance 2011-70A.1. Each COMMERCIAL UNIT facility shall be 239
assumed to have a minimum of one thousand (1000) square feet. A 240
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special study may be required to determine the connection fee, depending 241
upon the proposed facilities to be constructed. 242
5) DRIVE-IN OR TAKE-OUT RESTAURANTS (ONLY) shall be charged as 243
shown in Ordinance 2011-70A.1. 244
6) HISTORIC PUBLIC BUILDING shall be charged the commercial fee as 245
shown in Ordinance 2011-70A.1. 246
7) HOSPITAL, CONVALESCENT HOME, RESIDENTIAL CARE FACILITY 247
shall be charged the hospital fee as shown in Ordinance 2011-70A.1. 248
8) HOTEL OR MOTEL shall be charged the single family dwelling fee as 249
shown in Ordinance 2011-70A.1 for each dwelling UNIT with kitchen 250
facilities, and the multiple dwelling fee as shown in Ordinance 2011-251
70A.1for each dwelling unit without kitchen facilities. 252
9) INDUSTRIAL UNIT shall be determined by using UNIT costs in 253
accordance with Section 7. 254
10) LAUNDRY shall be charged the laundry fee as shown in Ordinance 2011-255
70A.1, and LAUNDROMATS shall be charged the LAUNDROMAT fee as 256
shown in Ordinance 2011-70A.1. 257
11) MULTIPLE DWELLING UNITS shall be charged the single family dwelling 258
fee as shown in Ordinance 2011-70A.1, for each UNIT with kitchen 259
facilities, as in the case of apartments, and the multiple dwelling fee as 260
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shown in Ordinance 2011-70A.1 for each UNIT without kitchen facilities (as 261
in the case of dormitories). 262
12) PUBLIC FACILITY fee shall be determined by the District in accordance 263
with subsection C of this Section 7. 264
13) RECREATIONAL FACILITY shall be charged the multiple dwelling fee as 265
shown in Ordinance 2011-70A.1 for each STRUCTURE containing toilet 266
facilities and for each recreational vehicle space provided with sewer 267
facilities, holding tank emptying facility, or other plumbing facilities 268
connecting to the sanitary sewer system. 269
14) RESTAURANTS shall be charged the restaurant fee as shown in 270
Ordinance 2011-70A.1. 271
15) SCHOOL-PUBLIC OR PRIVATE shall be charged the school fee as 272
shown in Ordinance 2011-70A.1. Business or occupational schools 273
operating for a profit shall be subject to the COMMERCIAL UNIT rate. 274
16) SECOND-FAMILY RESIDENTAL UNIT shall be charged the single family 275
dwelling fee as shown in Ordinance 2011-70A.1, for each UNIT with 276
kitchen facilities. A second family residential unit without a kitchen shall be 277
considered the same as a building addition or remodel for purposes of 278
determining fees for connection to the sanitary sewer system. 279
17) SENIOR LIVING CENTER fee shall be established based on a 280
combination of the fees for the various independent and joint-use areas, 281
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e.g., the LAUNDROMAT fee for a laundry area, multiple dwelling fee for 282
living UNITS without kitchens, and the single family dwelling fee for living 283
UNITS with kitchens. 284
18) SINGLE FAMILY DWELLING UNIT shall be charged the single family 285
dwelling fee as shown in Ordinance 2011-70A.1 for each UNIT. 286
19) TEMPORARY FACILITY shall be subject only to the service fee provided 287
the use is less than one (1) year. Uses longer than one (1) year are subject 288
to 10% per year of the connection fee for the category of connection. 289
20) TRAILER OR MOBILE HOME shall be charged the single family dwelling 290
fee as shown in Ordinance 2011-70A.1 for each space. 291
21) VALLEJO CENTRAL REDEVELOPMENT AREA (VCRA) when a 292
PARCEL located in VCRA is already connected to the public sewer system 293
and undergoes REDEVELOPMENT or DEVELOPMENT, then Section 11 of 294
this ordinance shall apply. (The VCRA will expire in 2023.) 295
22) WAREHOUSE shall be charged the warehouse fee as shown in 296
Ordinance 2011-70A.1for each STRUCTURE containing toilet facilities. 297
298 SECTION 8. DEFERMENT OR WAIVER OF FEES 299
A. There shall be no waiver of sanitary sewer connection fees, in whole or in 300
part. At the discretion of the District Manager or the Board, as provided in 301
subdivision B, of this Section 8 connection fees may be deferred with 302
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regard to property owned by local governmental entities or by organizations 303
that are qualified as exempt from income taxation under section 501(c) of 304
the Internal Revenue Code of 1986 as amended, or any successor statute, 305
and which shall have been organized and operated exclusively for 306
charitable or educational purposes; provided, however, that the property is 307
used for such governmental, charitable or educational purposes. The 308
amount of the deferred connection fees shall be evidenced by a promissory 309
note that provides for the accrual and collection of interest on the unpaid 310
balance of the deferred connection fees, at a rate approximating the 311
average interest rate earned by the District on its investment accounts at 312
the time the promissory note is executed. The District may require such 313
security for the payment of the deferred connection fees as the District 314
deems necessary or prudent. Should the property cease to be owned by 315
the local governmental entity or by the charitable or educational 316
organization, or cease to be used for such governmental, charitable or 317
educational purposes, the unpaid balance of the deferred connection fee, 318
along with accrued interest, shall immediately become due and payable to 319
the District, and the promissory note and any security instrument may so 320
provide. 321
B. Sanitary sewer connection fees may be deferred at the discretion of the 322
District Manager for a period not to exceed three (3) years. If an applicant 323
17
desires a deferment of more than three (3) years, the applicant must apply 324
in writing to the Board, which shall consider the request at a regular 325
meeting held within 30 days after the District receives the application. The 326
Board in its discretion may defer connection fees for a period not to exceed 327
five (5) years. 328
C. Fees for any direct charges incurred by the District for inspection, 329
connection, or other labor and materials shall not be deferred. 330
331
SECTION 9. SEWER CONNECTION MANDATORY 332
A. Every parcel occupied by a dwelling, STRUCTURE or establishment used 333
for residential or commercial purposes, and having plumbing facilities 334
therein, shall be connected to the sanitary sewer system where such 335
system exists in a public street, alley or easement within one hundred fifty 336
(150) feet of the PARCEL on which such dwelling, STRUCTURE or 337
establishment is located, and at such elevation that sewage lines there 338
from will deliver sewage by gravity. No house connection sewer may serve 339
more than one dwelling, STRUCTURE or establishment with the following 340
exceptions: 341
1. Where one STRUCTURE stands in the rear of another 342
STRUCTURE on the same PARCEL, and both are the 343
property of one owner, and a house connection sewer exists or 344
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can be constructed through the adjoining yard, court or 345
driveway, the house connection sewer serving the front 346
STRUCTURE may be extended to the rear STRUCTURE. 347
2. Where a PARCEL is occupied by a trailer park or motel all 348
the dwelling units on said PARCEL may be connected to the 349
same house connection sewer. 350
3. This Section 9 A shall not apply to any sewer system(s) in 351
or on that certain area of the District known as Mare Island 352
existing at the time of the annexation of Mare Island to the 353
District, effective September 8, 2003 Any construction involving 354
new STRUCTURE, dwellings, or establishments on Mare 355
Island from and after said date, or the improvement of existing 356
STRUCTURES which adds sanitary sewer facilities, shall not, 357
except at the sole discretion of District staff, be entitled to this 358
exception. 359
B. All sewage from every PARCEL required under the foregoing subsection 360
A in this Section 9 to be connected to the sanitary sewer system of the 361
District shall be discharged to said sewer system and it is hereby declared 362
that maintenance or use of cesspools, septic tanks or other local means of 363
sewage disposal on any PARCEL located as above described shall 364
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constitute a public nuisance and the District shall have the right to invoke 365
any legal means or police power to abate the same. 366
367
SECTION 10. CHANGES AND/OR ADDITIONS 368
If an existing STRUCTURE is REDEVELOPED and additional UNITS 369
used to calculate the sanitary sewer connection fee, for various types of 370
uses, are added, an additional sanitary sewer connection fee as established 371
in Section 7 will be payable for each additional UNIT. 372
373
SECTION 11. REDEVELOPMENT 374
A. When a PARCEL, which has been connected to the sanitary sewer system, 375
undergoes REDEVELOPMENT or an abandoned structure is reactivated, 376
resulting in re-established service, new service, change in use category, 377
building size, or number of STRUCTURES, and a sanitary sewer 378
connection permit for a STRUCTURE is applied for, the following rules will 379
apply: 380
1. The connection fees due will be calculated 381
pursuant to Section 7 less a credit for the ORIGINAL 382
STRUCTURE. The minimum fee credit for the ORIGINAL 383
STRUCTURE shall be the fee in effect five (5) years prior to the 384
current fee, or the fee in effect when the monthly sewer service 385
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charge was last paid, whichever is greater. No refunds of 386
previously paid fees shall be made. 387
2. No refund will be paid in any case in which the 388
original fee exceeds the current fee as calculated in accordance 389
with subdivision A.1 of this Section 11. 390
3. When a STRUCTURE is REDEVELOPED in the 391
VALLEJO CENTRAL REDEVELOPMENT AREA, then the fees 392
shall be charged at eighty percent (80%) of the fees in Section 393
7, subdivisions 1 through 21. 394
B. When a STRUCTURE is REDEVELOPED, a connection fee shall be 395
payable for all new UNITS in the STRUCTURE. Credit will be given for 396
all existing UNITS in the STRUCTURE if they are replaced by new 397
UNITS. Credit will be determined in the manner described in subdivision 398
A.1 above. No refund of fees previously paid will be made by the District. 399
C. A connection fee shall not be payable when the REDEVELOPMENT or 400
remodel results in a reduced load on the sanitary sewer system (e.g., 401
conversion of a restaurant to a warehouse). Only inspection fees as 402
applicable shall be payable. This shall be the rule even if applicable fee 403
determinations made under subdivisions A and B of this Section 11 for 404
the new use indicate a fee is due. However, a permit must still be 405
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obtained from the District for the REDEVELOPMENT or remodel and the 406
applicant must comply with the permit conditions specified. 407
408
SECTION 12. AREAS ANNEXING INTO THE DISTRICT 409
The developer(s)/owner(s) of an area to be annexed shall pay 410
connection fees, as determined in accordance with Ordinance 2011-70A.1 411
per EDU. The developer(s)/owner(s) shall also pay an annexation fee as 412
determined in accordance with Ordinance 2011-70A.1 per EDU. The number 413
of EDU’s subject to the annexation fee shall be the same as the number 414
subject to the sanitary sewer connection fees. The annexation fee will be in 415
addition to the sanitary sewer and storm drain connection fees and will be 416
paid at the time of payment of the connection fee. 417
418
SECTION 13. INTERPRETATION OF FEES 419
In case of disagreement as to the interpretation of the sanitary sewer 420
connection fees, the decision of the District Manager shall be the final staff 421
decision, subject to the right of the applicant to appeal the decision to the 422
Board of Trustees. 423
All appeals to the Board of Trustees shall be in writing and shall be 424
served on the District within thirty (30) days after the District Manager has 425
issued a decision. A failure to submit a written appeal within thirty (30) days 426
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shall eliminate any future appeal rights of the applicant, and the District 427
Manager’s decision will stand as the final decision. 428
Appeals received at least seven (7) days prior to a District Board 429
meeting shall be submitted to the Board at the next regular meeting. 430
Appeals received less than seven (7) days prior to a Board meeting will be 431
heard at the second regular meeting of the Board following submission. 432
433
SECTION 14. REFUND OF FEES 434
Revocation of a permit by the District for failure to abide by District 435
conditions or requirements shall not entitle the permittee a refund or 436
reimbursement of fees paid. 437
The following is the procedure established for refunding of connection fees: 438
A. The District will maintain a chronological listing of sanitary sewer 439
permits issued. The record will be maintained by the Engineering 440
Department and will be reviewed once a month to determine which 441
permits are within six (6) weeks of the one (1) year expiration deadline 442
based on the requirements in section 3 above. 443
B. As a courtesy, a letter will be sent to all permit holders whose 444
permits are identified in subdivision A of this Section 12 as being subject 445
to expiration. The letter will inform the permit holder of the expiration 446
date and conditions for extension, and will request information be 447
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returned on a form provided to confirm the permit holder’s intention. 448
Failure to receive a letter does not relieve the permit holder of his or her 449
obligation to pay the current fees, or extend the date of expiration of the 450
permit. 451
C. If the permit holder returns the form indicating the permit is to be 452
canceled, the District will process a refund equal to the permit fee, less 453
administrative and inspection costs. 454
D. If no information is received from the permit holder on or before thirty 455
(30) days prior to the expiration date of the permit, the engineering 456
department will initiate an inspection of the property to determine if the 457
condition of BEGUN CONSTRUCTION has been met. 458
E. If from the inspection, the District determines that construction has 459
not begun, a “No Activity” letter informing the applicant of the pending 460
expiration will be forwarded to the permit holder by certified mail. 461
F. Upon expiration of the permit, the District will process a refund 462
check equal to the amount of the permit fee less the inspection fees and 463
the administrative fee for refunds, and forward it to the person or party 464
who paid for the permit or that person’s designee. The Engineering 465
Department will close the permit file once the refund check is issued. 466
467
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SECTION 15. EXTENSION OF PERMITS 468
If the permit holder returns the form provided in subdivision B of Section 14 469
requesting extension of the permit, it must be received by the District prior 470
to the expiration date of the permit. The following procedure will be 471
followed: 472
A. The District will review the information provided by the permit holder 473
regarding the basis for an extension. The District Manager will consider 474
without limitation, any District or governmental regulatory requirements that 475
have been adopted or implemented since the most recent issuance or 476
extension of the permit. If required, the improvement plans shall be revised 477
by the developer to incorporate said regulatory requirements. The revised 478
plans shall be submitted for the review, comment, and approval of the 479
District prior to the extension of the permit. 480
B. If the District grants an extension, the permit holder shall pay an 481
additional connection fee equal to the difference between the amount of the 482
connection fee in effect at the time the original permit was issued and the 483
connection fee in effect at the time the permit extension is granted, plus the 484
administrative cost established for processing extension requests in 485
accordance with Ordinance 2011-70A.1. The Engineering Department will 486
calculate the new fees and maintain the permit file. Extensions shall be for a 487
period not to exceed one year. 488
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C. If the extension is not granted and the permit holder accepts the District’s 489
decision, a refund will be issued and the file closed in accordance with 490
subdivision F of Section 14, except that the administrative fee for processing 491
extension request shall also be deducted from the refund. 492
D. If the permit holder disagrees with the District Manager’s decision to deny 493
the permit extension, the permit holder may appeal, in writing, to the Board 494
of Trustees within ten (10) days from receipt of written notice of the District 495
Manager’s decision. Appeals received at least seven (7) days prior to a 496
District Board meeting shall be submitted to the Board at the next regular 497
meeting. Appeals received less than seven (7) days prior to a Board 498
meeting will be heard at the second regular meeting of the Board following 499
submission. 500
E. The Board of Trustees’ decision on extension is final. If granted an 501
extension, the permit holder shall pay the additional fee established by the 502
Board of Trustees. If the Board denies the extension, a refund in 503
accordance with subdivision C of this Section 15 will be issued. 504
505
SECTION 16. ESTABLISHING ADMINISTRATIVE FEES 506
The Board of Trustees shall, from time to time, establish by resolution, 507
the administrative fees for connection fee refund, connection fee extension, 508
inspection fees, processing fees, annexation fees, etc. 509
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510
SECTION 17. FUNDS COLLECTED 511
All fees collected from the issuance of sanitary sewer connection permits 512
shall be deposited in the District’s “Wastewater Capital Improvement Fund” and 513
such funds shall be expended from time-to-time upon authorization of the Board 514
of Trustees solely for the purpose of acquisition, construction, reconstruction, or 515
extension of sanitary sewers, treatment plant, and sewer pump stations of for the 516
District as indicated in studies or as shown on maps on file in the District office or 517
as otherwise directed by the Board of Trustees. No part of said funds shall be 518
used for payment of Operation and Maintenance costs of the District. 519
The District shall keep accurate records concerning the collection of the 520
sanitary sewer connection fees under this ordinance. Such records shall set 521
forth the amount of fees paid as to each PARCEL of land, buildings, or 522
improvements to which said fees apply. 523
524
SECTION 18. VIOLATIONS 525
Whenever the District Manager determines that any user has violated 526
or is in violation of this ordinance, the District Manager shall, by certified 527
mail, notify the user to remedy the violation within thirty (30) days from 528
receipt of the written notice or such lesser period as may be specified by the 529
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District. The user shall be responsible for all costs incurred by the District 530
due to the violation. 531
Violations of this ordinance shall include, without limitation the following: 532
A. Use of the District’s facilities (sanitary sewer or storm drain) without 533
a valid connection permit. 534
B. Use of the District’s facilities in a manner not permitted. 535
C. Change in use category of a permitted facility without obtaining a 536
permit for the new use. 537
D. Modification (added UNITS, space, etc.) of a permitted facility 538
without obtaining a permit covering the change. 539
E. Use of the District’s facilities by a facility which has been permitted 540
by the District but not cleared for occupancy. 541
542
SECTION 19. SEVERABILITY 543
If any section, subsection, sentence, clause, and/or phrase of this 544
ordinance is, for any reason, held to be unconstitutional or invalid, such 545
decision shall not affect the validity of the remaining portions of this 546
ordinance. The Board of Trustees of the Vallejo Sanitation and Flood 547
Control District hereby declares that it would have passed this ordinance, 548
and each section, subsection, clause, or phrase thereof, irrespective of the 549
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fact that any one or more section, subsections, sentences, clauses, and/or 550
phrases be declared unconstitutional or invalid. 551
552
SECTION 20. REPEAL OF CONFLICTING AUTHORITY 553
Upon the effective date of this ordinance, any and all ordinances, 554
resolutions, or rules or regulations of this District in conflict with it, shall be 555
repealed and shall have no further force or effect. 556
SECTION 21. EFFECTIVE DATE 557
The Board of Trustees shall, at the meeting at which this ordinance is 558
introduced, set a time and place for at least one public hearing on this 559
ordinance, at which time the public may appear for the purpose of discussing 560
the provisions of this ordinance, and this hearing may be continued from one 561
meeting to another. Notice of the hearing setting forth the proposed 562
schedule or rates shall be given by one publication in a newspaper of 563
general circulation in the District. The notice shall be published and mailed 564
to interested parties at least fourteen (14) days before the date fixed in the 565
notice for the hearing. The hearing may be adjourned from time to time. 566
This ordinance shall become effective sixty (60) days after adoption. 567
Adopted by the Board of Trustees on the 11th day of January, 2011 by 568
the following vote: 569
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Ayes: President Davis, Trustees Wilson, Sunga, Schivley, Hannigan, 570
Brown and Kondylis 571
Noes: None 572
Absent: Trustee Gomes 573
Abstain: None 574
WITNESS my hand and Seal of said District this 11th day of January, 575
2011. 576
577
CATHERINE C. SPARKS, District Clerk 578
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