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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

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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

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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

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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

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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

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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