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SFC, BSF, HC, Refunds, Saddle

SEC. 64.11. SEWERS – UNDEDICATED STREETS.

No person shall connect any sewer which has been or may hereafter be constructed in any street, prior to the dedication and acceptance of such street by the City Council, with any public sewer unless such sewer has been laid under the supervision and to the satisfaction of the Board and in accordance with the specifications for public sewers adopted by the City Council and on file in the office of the City Clerk, and in accordance with plans and profiles approved by the City Engineer.

SEC. 64.11.1. HOUSE CONNECTION SEWER.

SEC. 64.11.2. SEWAGE FACILITIES CHARGE FOR NEW TRACTS.
(Amended by Ord. No. 140,551, Eff. 6/17/70.)

(a) Whenever real property tributory to the city sewerage system that can be served by existing sewers, or by the construction of an off-site sewer not longer than one mile to an available assured outlet sewer, whether financed or otherwise, is included within the borders of a new tract map, sewers, if not existing, shall be constructed within or adjacent to the tracts to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to recording of each such tract map, a fee which shall be determined by the Board of Public Works based upon the rates established in section 64.11.3, hereafter referred to as the sewerage facilities charge, shall be paid by the owner thereof to the City, unless the Board of Public Works upon recommendation of the City Engineer, determines that it would be contrary to the public welfare and interest to assume the responsibility of providing the necessary off-site outlet sewers as required by Subsection (f) hereof. Where a tract map for an industrial, commercial, or multiple dwelling tract is to be recorded but the tract is to be developed at some future time, the Board shall charge a fee of $4,127 per acre which shall be adjusted in accordance with the rates in Section 64.11.3 when such tract is developed. (Fee Amended by Ord. No. 171,036, Eff. 6/6/96.) Provided, however, that where it is determined by the Board of Public Works that a particular tract or parcel of land is being subdivided or re-subdivided solely for the purpose of absorbing a vacated street, for reverting an earlier tract to acreage, or for converting an existing multiple dwelling to a condominium, and not for development purposes, that tract or parcel of land shall be exempt from the requirements that a sewerage facilities charge be paid therefor. (Amended by Ord. No. 165,923, Eff. 7/1/90.) Notwithstanding any other provision of this subsection, the payment of the sewerage facilities charge as a condition for the filing of a tract map by the Community Redevelopment Agency or the Department of Airports is hereby waived. Provided, however, the full sewerage facilities charge shall be paid upon the development of any lot or parcel contained in a tract to which this paragraph is applicable. (Added by Ord. No. 166,072, Eff. 8/25/90.) (b) In determining the sewerage facilities charge, the Board shall: 1. Reduce the sewerage facilities charge when the owner demonstrates that the property has paid special assessments for an interceptor sewer to which it may connect directly or indirectly, by the amount of said special assessment. 2. Reduce the charge by all or part of the amount paid as a contributing property to the construction of an off-site sewer to serve the property prior to the requirement by the City that such charge shall be paid. 3. Provide a credit for any amount previously paid as an acreage charge or a sewerage facilities charge. 4. Reduce the acreage fee to 15% of that established in Subsection (a) above in the event the sewage from such tract, when developed, will be treated in the facilities of a Los Angeles County Sanitation District. (Added by Ord. No. 157,145, Eff. 11/22/82.) (c) The Board may permit a subdivider to install off-site sewers in lieu of all or part of the sewerage facilities charge based on the actual cost of said off-site sewer. Should the actual cost of said off-site sewer be less than the sewerage facilities charge required by Subsection (a) hereof, the difference between such actual cost and said sewerage facilities charge shall be paid by the subdivider to the City for deposit in the General Fund. (d) The Council may authorize the subdivider or other property owner, by contract with the City, to construct off-site sewers costing in excess of the sewerage facilities charge required by Subsection (a) hereof and subsequent to the construction and acceptance of said off-site sewer, to reimburse said subdivider or property owner the difference between the actual cost of said off-site sewer and the sewerage facilities charge. If the sewerage facilities charge has been paid by the subdivider or property owner prior to entering into the contract with the City to construct an off-site sewer or prior to submission by the owner of evidence justifying reduction of the charge for any property in accordance with this section, the Council may authorize the refund of all or part of the sewerage facilities charge previously paid. (e) Actual cost of off-site sewers as used in Subsections (c) and (d) shall be determined from sealed bids received and opened by the Board of Public Works, after publicly advertising therefor, plus engineering and incidental costs not to exceed ten percent of the accepted bid price for the performance of the work. (f) In those cases where a sewerage facilities charge is paid, the City assumes the responsibility of providing the necessary off-site or outlet sewers when sewage disposal facilities are available and when connection to the City sewerage system is deemed to be necessary by the City. (g) Whenever good planning and engineering practice requires that sanitary sewers of greater size or depth than those required for the servicing of the property immediately concerned be constructed within or adjacent to the subdivision, the additional cost of providing sewers within or adjacent to the subdivision in accordance with the City’s requirements of larger size or greater depth than that required by the property immediately concerned shall be considered the same as or in addition to the cost of constructing an off-site sewer as provided in Subsections (c) and (d) hereof. (h) Subdivisions other than those included in Subsection (a) hereof may be: 1. Approved without the construction of sewers or the payment of the sewerage facilities charge where the County Health Officer and the City Engineer determined that ample area is available for private sewage disposal, where soil, ground water and other factors are favorable. The sewerage facilities charge shall be applicable to lots and parcels in these subdivisions where connections to future sewers are requested or required. 2. Permitted or required to construct sewers within the tract and pay the sewerage facilities charge upon the determination by the Council upon the advice of the Board, that existing development or trends justify the City assuming the responsibility of providing the connecting sewers.

SFC, BSF, HC, Refunds, Saddle

SEC. 64.11.3. BASIS FOR SEWERAGE FACILITIES CHARGE. (Amended by Ord. No. 164,895, Eff. 6/26/89.) (a) (Amended by Ord. No. 171,036, Eff. 6/6/96.) There is hereby imposed a sewerage facilities charge which shall be a fee for access to the City’s sewage system based upon a share of the equity of the system. The system equity shall include: (i) the reproduction cost less depreciation value of the existing facilities; plus (ii) the applicable portion of sewage system reserve funds; less (iii) the outstanding debt of the sewage system. The share of system equity included in the SFC shall be proportional to the flow, biochemical oxygen demand (BOD) and suspended solids (SS) of the wastewater discharged into the sewage system from the premises as compared with the total flow, BOD and SS discharged by all system customers. (b) (Amended by Ord. No. 171,036, Eff. 6/6/96.) The sewerage facilities charge rates shall be $262.00 per 100 gallons per day average flow, $188.00 per pound per day of BOD and $171.00 per pound per day of SS from the premises. These rates shall apply for all sewerage facilities charges and credits imposed pursuant to Section 64.16.1 of this Code. Any sewerage facilities charge paid on an installment basis shall be based on the charge rates in effect when the applicant entered into the installment payment agreement with the City.

SEWERAGE FACILITIES CHARGE
(Table removed by Ord. No. 170,393, Eff. 3/27/95.)

(c) In the event the premises are to be connected to the City sewer system but the sewage entering such system is treated in the facilities of a Los Angeles County Sanitation District, the sewerage facilities charge shall be 15% of the rates established in Subsections (b), (d), and (f) of this section. (Amended by Ord. No. 165,923, Eff. 7/1/90.)

(d) The City Engineer with approval of the Board shall set the sewage generation factors for various occupancies and for mixed occupancies for the purpose of determining the sewerage facilities charge for new or remodelled construction, or change in use. The operative date of this amended subsection shall be July 1, 1994. (Amended by Ord. No. 170,393, Eff. 3/27/95.)

(e) The Board may require the owner of any property to submit plans, and such other information as it may need to determine the applicable sewerage facilities charge. (Added by Ord. No. 164,895, Eff. 6/26/89.)

(f) For industrial occupancies, the Board shall determine the average wastewater flow for calculation of the appropriate sewerage facilities charge through consideration of metered water delivery data, if available. If not available, it shall consider the peak flow which the occupancy is capable of discharging and the occupancy’s expected operating schedules and practices. It may establish a minimum reasonable operating schedule for use in calculating a minimum applicable sewerage facilities charge. (Amended by Ord. No. 166,980, Eff. 7/6/91.)

(g) (Former Subsec. (e), Relettered by Ord. No. 164,895, Eff. 6/26/89.) The rates fixed by the provisions of this section shall be implemented as follows:

1. All sewerage facilities charges paid on or after the operative date of any amendments to this section shall be at the rates specified therein.

2. (Amended by Ord. No. 170,393, Eff. 3/27/95.) The date for calculating the applicable sewerage facilities charge for a particular project or discharge shall be fixed as follows:

(i) where a sewer connection permit is required, on the date the connection permit is issued;

(ii) where no connection permit is required but a building permit is required, on the date the building permit authorizing the majority of the structural construction is issued; and

(iii) where neither a connection permit nor a building permit is required, on the initial date of the increased discharge which triggers the additional payment.

Where the charge has been paid on or after July 1, 1994 at a certain rate or sewage generation factor, but the connection or building permit referred to in (i) or (ii) above has not been issued, and the SFC rate and/or sewage generation factor changes, the permittee shall pay the additional amount or shall be eligible for a refund, as applicable, when the connection permit or building permit is issued. The amount of the additional payment or the refund shall be the difference between the SFC calculated before and after the changes in rate and/or sewage generation factor. Notwithstanding any other sections of this code, the City Engineer with Board approval is authorized to direct the Controller to make such refunds as necessary.

3. Where application is made for a new house sewer connection permit under Section 64.14(a) of the Municipal Code after a previous permit has expired following its non-extendable two-year duration, and the Sewerage Facilities Charge has been paid at a rate in effect prior to an increase in the charge and the new application is made after such increase, the additional Sewerage Facilities Charge due under the rate applicable at the time of application shall be paid as a condition of issuance of the new permit. (Amended by Ord. No. 168,578, Eff. 3/13/93.)

4. Effective May 1, 1989, the sewerage facilities charge rate to be paid by the property owners for sewer connection on assessment sewer projects will be set at the rate in effect on the date the Ordinance of Intention is adopted by the City Council. The sewer connection must be made within one year after acceptance of the completed sewer by the Board of Public Works. (Added by Ord. No. 168,082, Eff. 8/22/92.).4

SEC. 64.11.4. DISPOSITION OF SEWERAGE FACILITIES CHARGE.

All sewerage facilities charges collected July 1, 1979, and thereafter, for the City shall be placed and deposited in the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code, such monies to be expended for the purposes set forth in said section and to pay for any refunds, billing, collection and administration costs relating to the sewerage facilities charge. (Added by Ord. No. 151,859, Eff. 2/19/79.)

SEC. 64.11.5. TEMPORARY WAIVER OF SEWER FACILITIES CHARGE DUE TO 1994 NORTHRIDGE EARTHQUAKE.
(Added by Ord. No. 169,864, Eff. 7/17/94.)

(a) Definitions.

1. “LOT” shall mean any parcel, identified by parcel number and situs address on the City’s database of properties damaged or destroyed by the local emergency. This database, compiled by the Department of Building and Safety, is titled “EQ1-94”.

2. “LOCAL EMERGENCY” shall mean the Northridge Earthquake of January 17, 1994, and subsequent aftershocks, (EQ1-94) declared to be a local emergency under the provisions of Section 8.27 of the Los Angeles Administrative Code.

3. “RED-TAGGED BUILDING” shall mean a building, all or any portion of which was red-tagged by the Department of Building and Safety as a result of the local emergency and which is so listed in the database of EQ1-94 compiled by the Department of Building and Safety in effect on the date of adoption of this ordinance or as the database is updated through April 17, 1994.

EXCEPTION: “ACCESSORY BUILDING,” as defined in Los Angeles Municipal Code Section 12.03, shall not be included in this definition.

(b) Temporary Waiver of The Sewerage Facilities Charge (SFC). Notwithstanding the provisions of the Los Angeles Municipal Code to the contrary, for an occupying owner or tenant vacating a red-tagged building other than a “residential building”, as defined in the Los Angeles Municipal Code Section 12.03, and temporarily relocating his or her enterprise to a different site after January 17, 1994 but before January 17, 1995, the Sewerage Facilities Charge due at the time of that relocation, if any, shall be temporarily waived. This waiver shall terminate and the Sewerage Facilities Charge become due and payable within 30 days if the enterprise remains at the different site on January 17, 1996. A waived Sewerage Facilities Charge at a site shall not confer any flow credit to the site which would be applicable to future occupancies.

SFC, BSF, HC, Refunds, Saddle

SEC. 64.12. HOUSE SEWER CONNECTION – PERMIT.
(Amended by Ord. No. 150,478, Eff. 2/6/78.)

(a) No person shall make, construct, alter, or repair any house connection sewer, bonded house connection sewer, special house connection sewer, industrial waste sewer connection, industrial waste storm drain connection, storm drain connection, or special drainage connection, or any portion of any such sewer or storm drain connections, including sampling manholes, or connect any house sewer, soil pipe, or plumbing to any such sewer or storm drain connections or to a sewer or storm drain under the jurisdiction of the City of Los Angeles, without first obtaining a written permit therefor from the Board of Public Works.

(b) Persons desiring to obtain a permit for any of the purposes enumerated in Sections 64.12 to 64.22 inclusive, shall file with the Board a written application therefor signed by the applicant, on printed forms, furnished by it for that purpose. The application shall contain such information as the Board may require. If it appears from the application that the work to be performed thereunder is to be done according to the regulations contained or referred to in this article, governing the doing of such work, a permit shall be issued upon payment of the permit charges required or referred to in Section 64.15.

(c) The Board before granting any permit in accordance with the provisions of Sections 64.12 to 64.22 inclusive, which will necessitate any excavation in, upon or under any State highway in this City or the making of a connection to a sewer or house connection sewer for which a permit is also required from a County Sanitation District, or a political subdivision other than this City, shall require such permit to be presented for inspection.

(d) Nothing in this section shall be deemed or construed to require the application for or the issuance of a permit for the purpose of removing stoppages in any house connection sewer, except when it is necessary to replace any part or all of such sewer connection or to excavate in any street or sidewalk or sewer easement in connection therewith.

(e) A permit under which an excavation, tunnel, or the laying of sewer, or storm drain pipe in any public street is contemplated will be issued only to other departments of the City, other governmental agencies, or contractors holding a valid contractor’s license issued by the Contractors License Board of the State of California in the classification of A-1 General Engineering, B-1 General Building, C-36 Plumbing, or C-42 Sewer, Sewage Disposal, Drain, Cement Pipe Laying. (Added by Ord. No. 121,900, Eff. 6/4/62.)

EXCEPTION: A permit for making sewer connections at the property line may be issued to any responsible person when in the opinion of the Board, the granting of such permit will not endanger public property or jeopardize the public’s interests.

(f) Any person performing work pursuant to a permit issued under this section shall comply with all the provisions of Section 62.03.1 of this Code. (Added by Ord. No. 150,478, Eff. 2/6/78.)

SEC. 64.13. PERMIT EXEMPTIONS.

The provisions of Section 64.12 requiring permits for the construction of house connection sewers shall not be construed to apply to contractors constructing house connection sewers under contracts entered into under proceedings had or taken pursuant to any of the procedure ordinances of this City, or the County of Los Angeles, or the Statutes of the State of California, or other contracts authorized by the City Council, providing for the construction of such house connection sewers.

SEC. 64.14. DURATION AND REVOCATION OF PERMITS.
(Amended by Ord. No. 168,578, Eff. 3/13/93.)

(a) If the work authorized by a permit issued pursuant to Sections 64.12 to 64.22, inclusive, of this Code is not commenced within two years from the date of its issuance, such permit shall expire and be canceled. In the event the permit is revoked, canceled or expires, the City shall retain a portion of the permit fee to defray administrative costs in an amount determined and adopted in the same manner as provided in Section 12.37-I,1 of the Los Angeles Municipal Code for establishing fees. If the work authorized by a permit is commenced, it must be prosecuted diligently to completion.

(b) The Board may suspend or revoke the permit at any time in the public interest upon receipt of a written request showing good and sufficient cause therefor by the permittee, the owner of the affected property, or other interested party. Any such action shall not be deemed to release any applicable insurance or surety filed pursuant to Section 64.15.1.

(c) Any Sewer Connection Permit that has not expired by the effective date of this section shall be given an extended duration of two years from the original date of issuance.

SEC. 64.15. PERMIT AND INSPECTION FEES.

(a) Before granting any permit pursuant to the provisions of Sections 64.12 this Code, except as to applications filed by a department of this City, the Board shall require the payment by the applicant therefor of a fee for each such permit issued for a connection at the property line. In addition to the above fee, an inspection fee shall be charged for each linear foot of connection laid, re-laid or exposed when application is made for a permit to excavate or tunnel for the purpose of laying, relaying, or exposing sewer housing connection or storm drain connection pipe in any public street, public place, or public right-of-way. The inspection fee shall be determined by actual measurement, and the amount thereof shall be paid to the Board in conjunction with the collection of trench resurfacing charges in the manner provided in Section 64.17(i) and Section 62.05 of this Code. The fees imposed herein shall be charged pursuant to a scheduled determined and adopted in the same manner as provided in Section 12.37–I,1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 163,803. Eff. 8/15/88.)

(b) When an application is made for a permit to connect to a sewer constructed in whole or in part at no expense to the property to be served but not to replace any existing house connection sewer, the amount of the fee to be paid by the applicant, in addition to the ordinary permit fee, or other charges mentioned or referred to here, shall be $70.00 for each linear foot of house connection sewer so constructed. (Amended by Ord. No. 178,131, Eff. 1/18/07.)

(c) No Industrial Waste Sewer or Storm Drain Connection Permit will be issued unless the applicant has complied with the provisions of Section 64.30. When the provisions of Section 64.11.2 or Section 64.16.1 are applicable, no Sewer House Connection Permit will be issued until the applicant has complied therewith. No Special Drainage Connection Permit will be issued until the applicant has complied with all conditions established by the Board. No House Connection Permit (other than for repairs) and no Industrial Waste Sewer Connection Permit will be issued until the applicant has paid a sewerage facilities charge in accordance with Section 64.11.3. (Amended by Ord. No. 140,189, Eff. 5/11/70.)

(d) Where the is no existing Y or opening in the main line sewer, storm drain or catch basin, an additional tapping fee must be prepaid in accordance with Section 64.20 of this Code before any permit will be issued under this section. (Amended by Ord. No. 112,719, Eff. 2/28/59. )

(e) Before any permit is issued pursuant to Section 64.12 under which an excavation tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, the applicant must have a policy of protective liability insurance and either a cash deposit or surety bond on file with the Board in accordance with the provisions of Section 64.15.1. (Amended by Ord. No. 122,639, Eff. 9/15/62.)

(f) (Amended by Ord. No 168,734, Eff. 5/31/93.) If special inspection is required by the Board in accordance with Section 64.17 of this Code, a deposit to cover the estimated cost of the inspection must be paid to the Board before a permit will be issued. Such estimate shall be based upon the following schedule:

1. Regular Time: $ 57.50/hr.

2. Overtime (Past 8 Hrs.): $ 57.50/hr. on any week day

3. Overtime (Saturday, Sunday and holidays, 4 hrs. or less): $230.00/4 hrs. or portion thereof

4. Overtime (Saturday, Sunday and holidays, exceeding 4 hours): $230.00 plus $57.50/hr. for each additional hour or portion thereof

The fees herein shall be adjusted, if required, in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37-I,1 of the Los Angeles Municipal Code for establishing fees.

(g) If special engineering, investigation or design is required prior to issuance of a permit for any storm drain connection, special drainage connection or industrial waste storm drain connection, a deposit to cover the estimated cost of such special engineering must be made to the Board before a permit will be issued. Actual costs shall be recovered by the Board in accordance with the provision of Section 62.05 of this Code. (Amended by Ord. No. 155,519, Eff. 8/9/81.)

(h) No permit to connect which is subject to the provisions of Section 64.11.3(c) shall be added until the applicant has provided the City with proof of payment of the sewer connection fee required by the Los Angeles County Sanitation District in whose facilities sewage from the subject property is treated. (Added by Ord. No. 157,145, Eff. 11/22/82.)

(i) All fees collected pursuant to this section, excluding storm drain revenues which shall be deposited into the General Fund, shall be deposited into the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code, such monies to be expended for purposes set forth in said section and to provide for appropriate refunds relative to such fees. Storm drain revenues are monies collected from imposition of storm drain connection permit fees, special drainage connection fees and those fees imposed pursuant to Subsections (d), (e), as it relates to storm drains, and (g) of this section. (Added by Ord. No. 162,864, Eff. 11/22/87.)

SFC, BSF, HC, Refunds, Saddle, Top

SEC. 64.15.1. LIABILITY INSURANCE AND DEPOSIT REQUIREMENTS.
(Amended by Ord. No. 122,639, Eff. 9/15/62.)

(a) Liability Insurance.

1. Required. Except as otherwise provided in this article, a permit required by Section 64.12 under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, will not be issued until the applicant has filed with the City Engineer a policy of protective liability insurance in which the City has been named as insured or coinsured with the permittee. The policy of insurance shall insure the City and its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, pursuant to the permit.

2. Amounts. (Amended by Ord. No. 153,469, Eff. 6/1/80.)

Bodily Injury $250,000 each person

$500,000 each occurrence

$500,000 aggregate products and completed operations

Property Damage $100,000 each occurrence.

$250,000 aggregate

A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits.

3. Coverage. Such policy of insurance shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved.

(b) Deposits.

1. Required. Except as otherwise provided in this article, a permit required by Section 64.12 under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street or public easement is contemplated, will not be issued until the applicant has deposited with the Board not less than $1000 in cash which shall remain on deposit with the Board for not less than six months from the date of the last permit issued to the depositor thereof. Such deposit will be held to insure the faithful performance of the work and the payment of all charges required by Section 64.12 to 64.22 inclusive, and the Board is hereby empowered to deduct from the cash deposit all sums due for changes hereunder and for any and all damages accruing to this City by reason of faulty or defective work of the permittee. (Amended by Ord. No. 150,910, Eff. 6/26/78.)

2. Surety Bond in Lieu of Deposit. Whenever in this section a cash deposit in the amount of $1000 or over is required, the applicant may provide in lieu of such cash deposit, a good and sufficient bond in an amount equal to the amount of such cash deposit, payable to this City, by and executed by the applicant as the principal and by a reliable surety company satisfactory to the City. Such bond shall be conditioned upon the payment of all charges required by Sections 64.12 to 64.22 inclusive, and the faithful and proper performance of work upon the same terms as those required by such cash deposit in lieu of which such bond is executed. The Board is hereby empowered to enforce collections under said bond for all sums due for charges hereunder and for any and all damages accruing to this City by reasons of faulty or defective work of the permittee. (Amended by Ord. No. 150,910, Eff. 6/26/78.)

SEC. 64.16. EXEMPTIONS FROM LIABILITY INSURANCE AND DEPOSIT REQUIREMENTS.

From Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government will not be required to make a deposit or to post a policy of protective liability insurance as otherwise required by Sections 64.15 and 64.15.1. (Amended by Ord. No. 121,900. Eff. 6/4/62.)

SEC. 64.16.1. SEWERAGE FACILITIES CHARGE FOR SEWER CONNECTION.

(a) (Amended by Ord. No. 171,036, Eff. 6/6/96.) Before granting a permit to connect any lot or parcel or to connect a new building on such lot or parcel to a public sewer or house connection sewer pursuant to the provisions of Section 64.12 of this Code, including a replacement building following a demolition, except applications for permits to repair or replace existing sewer connections which repair or replacement is unrelated to any new construction or to new use or occupancy, the Board shall require, in addition to all other charges and fees imposed by Sections 64.12 to 64.22, inclusive, the payment by the applicant therefor of a Sewerage Facilities Charge fixed in accordance with Section 64.11.3. The Board shall provide a credit pursuant to Subsection (c).

(b) (Amended by Ord. No. 171,036, Eff. 6/6/96.) A Sewerage Facilities Charge, based upon the rates established in Section 64.11.3 of this article, shall also be imposed as follows:

1. Where a physical addition is made to an existing residential occupancy to create an additional dwelling unit or units, or where an existing residential occupancy is modified to create an additional dwelling unit or units, a charge shall be imposed for each additional dwelling unit on a lot or parcel created by the addition or modification. Where any existing dwelling unit is enlarged or modified to create an additional bedroom or bedrooms, a charge shall be imposed for each additional bedroom created on the lot or parcel by the addition or modification.

2. Where an addition is made to an existing commercial building, or an additional commercial building is constructed on a lot or parcel, a charge shall be imposed based on the increase in gross floor area or on the increase in such other indicator of activity as the Board may adopt.

3. Where the average flow discharge and/or the average discharge of mass emissions of biochemical oxygen demand (BOD) and/or suspended solids (SS) from industrial buildings on a lot or parcel are increased, a charge shall be imposed based on the average flow and the BOD and SS mass emissions (calculated as the flow rate multiplied by the BOD and SS concentrations and by a unit conversion factor) following the increase. The Board shall provide a credit pursuant to Subsection (c).

4. Where the use or occupancy of an existing building on a lot or parcel is changed, a Sewerage Facilities Charge shall be imposed based upon such new use or occupancy. The Board shall provide a credit pursuant to Subsection (c).

(c) (New (c) Added by Ord. No. 171,036, Eff. 6/6/96.) Whenever a credit is allowed, the credit shall be determined by first calculating flow, BOD and SS credits and therefrom calculating an aggregate monetary credit. The flow, BOD and SS credits shall remain with the lot or parcel except as provided in Section 64.16.2.

1. The flow credit shall be calculated as the total of the following:

(i) the largest average flow rate of discharge from the lot or parcel to a public sewer determined by the City Engineer to have occurred before establishment of the Sewerage Facilities Charge, provided that it shall be the applicant’s responsibility to submit documented evidence satisfactory to the City Engineer to obtain this credit; plus

(ii) the average flow rate of discharge for which a Sewerage Facilities Charge has been paid in cash, by transferral from a revitalization, enterprise, or empowerment zone per Section 64.16.2, or by construction of an offsite sewer pursuant to Section 64.11.3, provided that offsite sewer construction shall have been accomplished and its cost documented in accordance with the policies of the City Engineer to obtain this credit; minus

(iii) the average flow rate of discharge which is equivalent to the flow component of any refunds which have been paid; minus

(iv) the average flow rate of discharge which has been transferred away pursuant to Section 64.16.2.

2. The Board shall adopt rules to determine the initial BOD and SS credits allocable to a lot or parcel upon implementation of this subsection (c).

3. The credits for strength (BOD and SS) parameters shall be calculated as the total of the following:

(i) the largest average rate of mass emissions discharge from the lot or parcel to a public sewer determined by the City Engineer to have occurred before establishment of the Sewerage Facilities Charge, provided that it shall be the applicant’s responsibility to submit documented evidence satisfactory to the City Engineer to obtain this credit; plus

(ii) the average rate of mass emissions discharge for which a Sewerage Facilities Charge has been paid in cash, by transferral from a revitalization, enterprise, or empowerment zone per Section 64.16.2, or by construction of an offsite sewer pursuant to Section 64.11.3, provided that offsite sewer construction shall have been accomplished and its cost documented in accordance with the policies of the City Engineer to obtain this credit; minus

(iii) the average rate of mass emissions discharge which is equivalent to the mass emissions component of any refunds which have been paid; minus

(iv) the average rate of mass emissions discharge which has been transferred away pursuant to Section 64.16.2.

The monetary credit shall be calculated by multiplying the rates established pursuant to Section 64.11.3 by the flow, BOD and SS credits and summing the results, provided that the total credit shall not exceed the Sewerage Facilities Charge required to be paid except as provided in Subdivision 6 of Subsection (a) of Section 64.19.

Notwithstanding the previous sentence, in the case of reconstruction of a building damaged by the earthquake of January 17, 1994, the amount of the credit shall be the Sewerage Facilities Charge which would have been applicable on January 17, 1994, or the Sewerage Facilities Charge based on the rates established pursuant to Section 64.11.3, whichever is greater.

(d) ((c) Relettered (d) by Ord. No. 171,036, Eff. 6/6/96.) The Council may, in the exercise of its sound discretion, and upon advice of the Board, reduce the sewers facilities charge for any property for which off-site public sewers are constructed beyond the limits of said property, by all or part of the actual cost of the construction of said off-site public sewer.

(e) ((d) Relettered (e) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant meets the criteria as specified hereinafter, and enters into an installment payment agreement with the Board, the applicant shall be allowed to pay the Sewerage Facilities Charge as follows: a down payment of 15 percent of the Sewerage Facilities Charge due, or more at the applicant’s option, followed by quarterly installments extending over a period not to exceed five (5) years at such interest rate as the Board shall establish annually in July of each year. The rate shall be the simple average of the last available twelve months average interest earnings from the pool in which Sewer Construction and Maintenance Fund moneys are invested, as reported by the City Treasurer and rounded to the nearest tenth of one percent, plus one percent.

EXCEPTION: Interest shall not be charged to a charitable institution as defined in Item No. 2 below. Quarterly installments shall be in the amount necessary to fully amortize the Sewerage Facilities Charge, excluding the down payment, and interest over the payment period.

The Board shall also establish a fixed fee to cover setup and administrative costs associated with the installment plan. This fee shall be determined as provided in Section 12.37-I,1 of the Los Angeles Municipal Code. If the applicant is a lessee, the installment payment period shall not exceed the remaining period of time the applicant is to occupy the subject property under the terms of the lease agreement. Provisions in the lease agreement for termination of the lease upon the occurrence of certain events shall not prevent the lessee from entering into an installment agreement.

The applicant must meet one or more of the following criteria:

1. The applicant’s property is an individual site in which the Sewerage Facilities Charge due equals or exceeds $17,000. “Individual site” shall not include a subdivision with more than one sewer connection.

2. The applicant is a charitable institution and the Sewerage Facilities Charge due equals or exceeds $5,000. For the purpose of this subsection, a charitable institution shall be an institution which meets the five criteria listed in Subsection (f) of this section.

3. The applicant is a surgical hospital.

4. The applicant is a property owner who is ceasing to use a private sewage disposal system and is connecting to the City sewage system.

(f) ((e) Relettered (f) by Ord. No. 171,036, Eff. 6/6/96.) Whenever the Board has authorized an installment payment agreement to be entered into pursuant to Subsection (e), the following requirements shall apply:

1. The first quarterly payment under the installment payment agreement shall be due on the first day of the third month next succeeding the month in which the down payment was made. Remaining payments shall be due on the first day of every third month thereafter.

2. A payment shall become delinquent if not postmarked on or before the 15th of the month in which it is due. All delinquent payments shall incur a penalty charge of 10 percent of the cumulative amount of all delinquent payments, including previous delinquency charges. Said delinquency charge must be paid in full before normal payments will again be accepted.

3. If a payment remains unpaid beyond the 15th day of the third month next succeeding the date on which it became delinquent, the permittee shall be determined in default. The Board shall notify the permittee, and, in addition, the owner of the property if different from the permittee, by certified mail with return receipt that:

A. The permittee and/or the owner have one month from the default date to bring the balance current or the entire unpaid plan amount, including delinquent charges, will become due and payable; and

B. The connection permit may be canceled and the connection severed if the permittee continues in default beyond that date.

4. If the permittee remains in default for one month and 10 days, the Board may cancel the Sewer Connection Permit and sever the connection. The Board shall notify the permittee, the owner, if different from the permittee, and the Superintendent of the Department of Building and Safety at least 10 days before taking such action.

5. Where title to a premises subject to an installment payment agreement is sold or transferred, and the permittee is the owner of said property, the entire unpaid balance of the charge shall immediately become due and payable and the permittee and the new owner of the property shall be jointly and severally liable for said amount. The installment payment agreement shall provide for the creation of a lien against the subject property to secure payment to the City, at time of sale, of the unpaid balance of the Sewerage Facilities Charge and any accrued penalty charges. The lien shall be recorded with the County Recorder by means of a covenant executed by the parties.

6. In the event the permittee is a lessee on the property, the entire unpaid balance of the charge shall immediately become due and payable upon termination of the leasehold interest for whatever reason, including termination of the lease or assignment of the leasehold interest, and the permittee shall be liable for said amount. The installment payment agreement shall provide for the creation of a lien against the leasehold interest of the lessee to secure payment to the City of the unpaid balance of the Sewerage Facilities Charge and any accrued penalty charges at the time of termination of the leasehold interest. Such lien requirement shall not be imposed, however, if the lessee would violate the lease agreement in so doing, or is unable to obtain the consent of the lessor where such is required by the lease. The lien shall be recorded with the County Recorder by means of a covenant executed by the parties. In the event of leasehold termination, the lessor may assume the obligation of payment of the unpaid balance under the installment payment agreement but will be required to comply with all provisions of this section which are applicable to owners who are permittees.

7. Delinquent charges and all penalties thereon as to any permittee, whether lessee or owner, shall constitute a lien on the real property served when recorded as provided in Section 54355 of the Government Code of the State of California and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor.

8. All or part of any unpaid plan amount may be paid in advance at any time.

9. When all moneys under the plan have been paid in full, a Sewer Facilities Charge certificate of payment will be issued.

(g) ((f) Relettered (g) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant is a charitable hospital, it shall be exempt from sewerage facilities charges. A hospital is charitable, for the purpose of this subsection if:

1. It is not operated for profit;

2. No part of its assets inures to the benefit of any private shareholder or individual;

3. Its assets are irrevocably dedicated for a charitable purpose;

4. Upon dissolution, its assets shall be distributed to an organization exempt for charitable purposes from taxation under the Revenue and Taxation Code or the Internal Revenue Code.

5. The applicant has obtained a charitable purpose tax exemption determination from the California Franchise Tax Board.

(h) ((g) Relettered (h) by Ord. No. 171,036, Eff. 6/6/96.)

1. Where the Board finds that an applicant presently discharging, as of the date of this ordinance, into the Los Angeles Harbor has been ordered by a State and/or Federal agency to so cease discharging and, as a result, must therefore connect to the City sewer system, the Board may permit the applicant to defer payment of such sewage facilities charge for a two year period from the date of the application for the sewer connection permit. If at the end of such two year period the property which was connected to the City’s sewer system pursuant to such deferment of payment is no longer so connected no sewerage facilities charge will be imposed. The granting of such deferment of payment is subject to the applicant entering into an agreement to pay the amount deferred if the subject property is still connected to the City’s sewer system at the end of the two year period. (Para. numbered 1., Amended by Ord. No. 153,056, Eff. 10/29/79.)

2. (Added by Ord. No. 153,056, Eff. 10/29/79.) As to any applicant granted such a deferment as provided above the Board may grant a deferment for an additional eighteen month period provided at the time application is made for such extension the applicant is actively seeking permission from the appropriate authorities to be permitted to discharge into the Los Angeles Harbor. If at the end of such eighteen month extension the property which was connected to the City’s sewer system pursuant to such deferment of payment is no longer so connected no sewerage facilities charge will be imposed. The granting of such extended deferment is subject to the applicant entering into an agreement, or amending its existing agreement, with the City to pay the amount deferred if the subject property is still connected to the City’s sewer system at the end of the eighteen month extension period.

(i) ((h) Relettered (i) by Ord. No. 171,036, Eff. 6/6/96.) The sewerage facilities charge fees applicable to single family dwellings as of September 1, 1986, shall be applicable to a sewer connection by a single family dwelling to a sewer when:

1. The sewer was installed pursuant to an assessment proceeding where the petition therefore was on file with the City as of September 1,1986; and

2. The connection is made within one year after acceptance of the completed sewer by the Board.

(j) ((i) Relettered (j) by Ord. No. 171,036, Eff. 6/6/96.) Where the applicant is a non-profit corporation it shall be exempt from sewerage facilities charges required for a dwelling structure it is constructing, or substantially rehabilitating, to serve low-income elderly and/or handicapped families or individuals if the construction or rehabilitation of said structure is being government funded and the dwelling is on property being leased from the city, or on property which has been, or will be, acquired from the City with the City having an option to re-acquire the property. A corporation is non-profit, for the purpose of this section, if:

(1) The purposes of the corporation include the promotion of the welfare of elderly and/or handicapped families and/or individuals;

(2) No part of the net earnings of the corporation may inure to the benefit of any private shareholder, contributor or individual; and

(3) The corporation is not controlled by, or under the direction of, persons or firms seeking to derive profit or gain therefrom.

(k) ((j) Relettered (k) by Ord. No. 171,036, Eff. 6/6/96.) (Repealed by Ord. No. 170,083, Eff. 11/26/94, Oper. 7/1/94.)

(l) (Added by Ord. No. 169,042, Eff. 9/14/93.) Where an alcohol retail business was damaged or destroyed in the 1992 civil disturbance, the sewerage facilities charge shall be waived where the specific site, or an area encompassing the specific site, where such business was or is located, is to be converted to another use not involving the sale of alcoholic beverages. In case the new use is to be a non-industrial laundromat, such waiver will be to the extent of the use of a maximum of sixty (60) washing machines; provided, however, if the new use is something other than a laundromat, the waiver available shall be equivalent to the amount of the sewerage facilities charge payable for a laundromat containing sixty (60) washing machines. As a condition to obtaining such a waiver of the sewerage facilities charge, the alcohol retail licensee must submit proof of the cancellation of the license issued by the State Alcoholic Beverage Control Department for the particular alcohol retail business which was damaged or destroyed, at the time of the issuance of the certificate of occupancy.

Such conversion to a new use having occurred, if there should be a further or different conversion then the credit utilized in determining the appropriate sewerage facilities charge shall be based upon the applicable sewerage facilities flow credit prior to the 1992 civil disturbance.

This section shall be non-operative two (2) years after its effective date.

(m) (Added by Ord. No. 171,036, Eff. 6/6/96.) Notwithstanding Subsection (a) of this section, where the application is for the connection of a temporary field office at a construction site to a sewer, no Sewerage Facilities Charge shall be collected.

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SEC. 64.16.2. TRANSFER OF INDUSTRIAL FLOW SEWERAGE FACILITIES CHARGE CREDITS WITHIN OR BETWEEN REVITALIZATION, ENTERPRISE OR EMPOWERMENT ZONES.
(Added by Ord. No. 169,347, Eff. 3/12/94.)

Manufacturing and industrial businesses, including laundromats, where the estimated quantity of discharge for Sewerage Facilities Charge purposes is based upon the process used or number of machines and have an existing City of Los Angeles industrial flow Sewerage Facilities Charge credit may transfer all or part of this credit within or between a Revitalization, Enterprise or Empowerment Zone(s) or into a Revitalization, Enterprise or Empowerment Zone as defined in State or Federal law subject to the following conditions:

(a) A Sewerage Facilities Charge credit for the empty building shell(s) or most recent improvements if the land is vacant shall remain with the donor site.

(b) A Sewerage Facilities Charge must be paid or already exist for the building shell(s) at the receiver site.

(c) Local sewer availability and capacity at the receiver site to handle the transferred sewage flow must be verified by the City Engineer. An additional mainline sewer must be constructed at no cost to the City to a point of available capacity as determined by the City Engineer if local capacity does not exist.

(d) Only one transfer from a donor site to a receiver site shall be permitted and no transfer from a receive site back to a donor site shall be permitted.

(e) Any increase in sewer discharge at either the donor or receiver site over the adjusted sewer discharge flows established after the transfer at either site, shall require the payment of additional Sewerage Facilities Charge at the rate in effect at the time of the flow increase.

(f) A current Title Report must be submitted to the City Engineer verifying the ownership of the donor site from which flow credits are to be taken.

(g) If the person(s) requesting the transfer of flow credit is not the owner of the donor site, a notarized assignment of sewer discharge credits from the property owner to the person(s) requesting the transfer of the sewer discharge credits is required. This assignment can not be executed until it has been approved and signed by the City Engineer. Falsification of these documents will invalidate the transfer request and may result in referral to the City Attorney or District Attorney for prosecution.

(h) A non-refundable fee of $250 must be paid to initiate and document the transfer of Sewerage Facilities Charge flow credits. This fee shall be deposited directly into the Sewer Construction and Maintenance Fund. The fee herein shall be adjusted, if required, in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37-I,1 of the Los Angeles Municipal Code for establishing fees.

(i) The transfer of the sewer discharge must be initiated by submitting construction plans to the Department of Building and Safety for the receiver site within one year of approval of the transfer request. A written request to the City Engineer may be made for an additional one-year time extension. If the plans have not been submitted within two years, a new application for transfer of sewer discharge rights must be made.

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SEC. 64.17. SEWER CONNECTION REGULATIONS.

No person having obtained a permit from the Board shall construct, alter, or repair any house connection sewer or any portion of any house connection sewer, or makes a connection to any public sewer, or house connection sewer, pursuant to any such permit, at any place other than that designated thereon, or fail, refuse or neglect to comply with any such requirement contained or referred to in this section.

At all times, while the work under any such permit is in progress, the original of such permit must be kept at the place of the work and must, on demand be exhibited to the Board or to any of its inspectors, agents or representatives, or to any police officer.

(a) In those streets and alleys included in that portion of this City, designated by Chapter 8 of this Code as the Central Traffic District, when an excavation is commenced, the making of the excavation, the work to be done therein and the refilling of the excavation, shall be prosecuted diligently and continuously until completed, so as not to obstruct the street or other public place or travel thereon, more than is actually necessary.

(b) The construction of all house connection sewers, and all repairs to such house connection sewers, shall be as follows:

1. All pipe shall be clay, cement, cast iron, ABS and PVC plastic pipe or asbestos cement and have a minimum internal diameter of six inches. (Amended by Ord. No. 152,157, Eff. 5/13/79)

2. House connection sewers in easements over private property shall be constructed of only clay pipe with flexible joints, ABS and PVC plastic pipe or cast iron pipe, and may have an internal diameter of four or six inches. (Amended by Ord. No. 152,157, Eff. 5/13/79)

3. Upon proper application to the Board, the Board may permit the increase in the internal diameter of house connection sewers to not more than two inches less than the internal diameter of the public sewer to which it is connected, if such increased diameter is in accordance with good engineering practice.

4. The quality of the pipe, the type of joint and other materials used, the manner of constructing house connection sewers, the backfilling of the trench, except where specifically provided for herein, or by the Board, shall be the same as is required by the latest specifications and standard plans for the construction of sanitary sewers in this City.

(c) Whenever, in connection with the construction or repair of a sewer connection, a hazardous excavation must be made or an excavation is to be made by tunneling under the surface of a street or alley, the Board may adopt such regulations and require such special inspections as it may deem necessary. The cost of such special inspection shall be estimated by the Board and paid as outlined in Section 64.15.

(d) All house connection sewers, unless otherwise authorized by the Board, shall be laid on a uniform grade of not less than two per cent, with a depth, measured to the invert, at the property line, of not less than four feet below the top of the existing curb or proposed curb at the nearest point. If there is no existing or proposed curb, then such house connection sewers shall be laid on a uniform grade of not less than two per cent, with a depth, measured to the invert, not less than four feet below the surface of the roadway, sidewalk or alley at the property line, unless a greater depth is required to serve such property.

(e) (None)

(f) Where a building is on or immediately adjacent to the property line, to which a sewer connection must be constructed, and an existing house sewer from said building ends at such property line at a depth of less than the depth required in this section for the upper end of a house connection sewer to be constructed to such property line; or where an earth bank over 4 feet in height exists adjacent to the curb line or property line, the Board shall adopt such regulations, for the construction of that portion of the house connection sewer between the curb line and property line, if in a street, and between the main sewer and the property line, if in an alley, walk or other public place improved or to be improved without a curb, which will meet such conditions better than the method of construction herein prescribed.

Where a main sewer exceeds 14 feet in depth the manner of constructing a house connection sewer from such a sewer shall be regulated by the Board.

(g) (Amended by Ord. No. 142,123, Eff. 7/31/71.) Persons making an excavation in any street or sidewalk for any of the purposes mentioned in Sections 64.12 to 64.22 inclusive, must maintain free access to all fire hydrants and water gates. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If any excavation is made across any street or alley, at least one safe crossing must be maintained at all times for vehicles and pedestrians. Where required to keep traffic lanes and sidewalk passageways clear, tight board fences shall be used to hold excavated material. All gutters must be maintained free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width from the face of such curb at the gutter line. All work shall be performed in accordance with the latest adopted manual entitled “Work Area Traffic Control”, the latest adopted “Standard Specifications for Public Works Construction”, any required plans and special specifications and shall be performed to the satisfaction of the Board.

If the warning signs, lights and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be billed to the permittee.

(h) Any excavation made for the purpose of making a house connection to a sewer shall be refilled in the manner required by this article within three days after inspection of the pipe by the Board, or within three days after the date of the completion of the excavation if no work is done therein. Nothing in this article contained shall be construed to allow a longer period of time therefor.

The top surface of the backfill shall conform closely enough to the level of the adjoining street or sidewalk surface and shall be compacted so that it is hard enough and smooth enough to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain the surface of the backfill in a condition safe for pedestrian and vehicular traffic until the said surface has been repaired by the Board, and said permittee shall be responsible for all accidents which may occur due to pedestrians traveling over or upon the site of the excavation as well as vehicles crossing said site at a legal rate of speed, until said surface has been so repaired. (Amended by Ord. No. 142,123, Eff. 7/31/71.)

If it is impracticable to maintain the surface of the backfill in safe condition for pedestrian travel or vehicular traffic, subject to concurrence by the inspector, then the permittee shall maintain barriers and lights around it in accordance with Subsection (g) hereof until the sidewalk and street pavements have been repaired. (Added by Ord. No. 142,123, Eff. 7/31/71.)

(i) The street surface excavated or damaged shall be replaced by the Board, and the cost thereof shall be recovered by the Board in accordance with the provisions of Section 62.05 of this Code. (Amended by Ord. No. 121,900, Eff. 6/4/62.)

(j) In all cases where the public records of a public sewer, or house connection sewer, do not correctly represent the existing condition of or conditions surrounding such sewer, or where, in the opinion of the Board, the physical conditions are such that strict compliance with the provisions of Section 64.12 to Section 64.22, inclusive, if unnecessary or unreasonable, the Board is granted the power to make modifications for individual cases, and determine the procedure to be followed, and its decision shall be final.

(k) No person shall connect a 4-inch house sewer to a 6-inch house connection sewer without first installing a 6-inch by 4-inch by 4-inch increaser tee on the end of the 6-inch house connection sewer, or a six-inch by 4-inch increaser followed by a 4-inch by 4-inch by 4-inch tee branch.BSF

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SEC. 64.18. BONDED SEWERS – FEES.
(Repealed by Ord. No. 140,189 and reenacted by Ord. No. 140,190, Eff. 5/11/70. )

(a) Any person desiring a permit to connect or to construct a Special House Connection Sewer or Bonded Sewer House Connection Sewer shall make a written application to the Board, giving such information as the Board may require. The Board may issue a permit to make such sewer connection upon payment of fees provided in Section 64.15 of this Code, and in addition thereto payment of a charge per front foot of the lot sought to be connected, if said lot is rectangular and has an ordinary area of approximately 6,500 square feet.

Such charge shall be determined and adopted in the same manner as provided in Section 12.37–I,1 of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 163,803, Eff. 8/15/88.)

(b) When the shape of a lot is other than the usual rectangular shape or unusual in area, and the strict adherence to the above mentioned provision would require a property owner to pay amount not commensurate with the benefits to be received, the provisions of this section as to the limits of the frontage of a lot to be assessed may be modified by the Board.

(c) Nothing in this section shall be deemed or construed to apply to the issuing of a permit for the construction of Bonded Sewer House Connection Sewers if the property sought to be connected, although abutting on a Bonded Sewer, has been duly assessed for a public sewer constructed in the front, rear or at the side of each property.

(d) Upon giving such information as the Board may require on forms to be furnished for the purpose, payment of the charges presently prescribed by Subsection (a) of this section, may be made in advance of the application for, or the issuance of, the permit to make such connection to any bonded sewer, and, upon such payment having been made, the applicant for the permit to connect shall be entitled to such permit upon payment of the fees prescribed in Sections 64.11.2, 64.15 and 64.16.1 hereof.

(e) All fees collected pursuant to this section shall be deposited into the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code, such monies to be expended for purposes set forth in said section and to provide for appropriate refunds relative to such fees. (Added by Ord. No. 153,238, Eff. 1/26/80.)

SEC. 64.19. REFUND OF SEWER FEES.

(a) (Amended by Ord. No. 146,426, Eff. 9/22/74.) Any money collected or received by the City in accordance with Section 64.11.2, 64.16.1 or 64.18 may be refunded as herein provided, and not otherwise if a verified claim in writing is filed with the City Clerk accompanied by the original receipt or certificate for the fees collected. If said receipt or certificate cannot be located, an affidavit must be filed with the claim which satisfactorily explains why it cannot be located. Such refund shall be made only on the following conditions:

1. Where payment was made per Section 64.11.2 and tract proceedings have expired or been abandoned, the claim must be filed within one year from the date said proceedings expired or where abandoned.

2. Where payment was made per Section 64.11.2 and a refund is due because the amount paid was more than that required for the developed property pursuant to Section 64.11.3, the claim must be filed after and within one year from the date the property was fully developed.

3. Where payment was made per Section 64.16.1 or 64.18 and a house connection permit to connect improvements to the public sewer was obtained per Section 64.12 and where the house connection permit expired or was cancelled and said payment is no longer required, the claim must be filed within one year from the date said permit expired or was cancelled.

4. Where payment was made per Section 64.16.1 or 64.18 and no house connection permit to connect improvements to the public sewer was obtained, and said payment is not required, the claim must be filed within one year after expiration of the building permit, as such expiration is determined by Section 98.0602 of this Code. (Amended by Ord. No. 168, 533, Eff. 3/1/93.)

5. Where payment was made per Section 64.16.l or 64.18 and no house connection permit to connect improvements to the public sewer was obtained, the time for a plan check, including any extension, pursuant to Section 98.0603 of this Code, has expired, and no payment is required the claim must be filed within one year after the date of such expiration. (Added by Ord. No. 168, 533, Eff. 3/1/93.)

6. (Amended by Ord. No. 171,036, Eff. 6/6/96.) Where payment was made per Section 64.16.1 for a new building and later a demolition occurs on the same lot or parcel, a refund shall be allowed for the demolished building subject to the following:

(i) The demolition must occur within two years of the payment of the Sewerage Facilities Charge for the new building.

(ii) The written application for refund must be made within one year of said demolition and must be accompanied by proof of demolition satisfactory to the City Engineer.

The amount of the refund shall be the amount of monetary credit calculated per Section 64.16.1, Subsection (c), applicable to the demolished building at the time of sign-off of the Demolition Certificate but shall not exceed the amount of the charge which has been paid for the new building on the same lot or parcel.

7. (Former Subdiv. 6 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per Section 64.18 and thereafter a public sewer is constructed to serve such property and the property is assessed for the construction thereof, the claim must be filed within one year from the date notice is mailed to the last address of the owner of the land that the City Council has confirmed the final assessments for said sewer.

8. (Former Subdiv. 7 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment was made per any of the above sections and such amount was collected wholly or partially in error, or was in excess of that required by said sections, the claim must be filed within one year from the date the error was discovered or should have been discovered by any owner of the property for which payment was made.

9. (Former Subdiv. 8 Renumbered by Ord. No 168,533, Eff. 3/1/93.) Where payment has been made pursuant to Section 64.11.2 or Section 64.16.1 subsequent to December 15, 1981, and sewage from the subject property is or will be treated in the facilities of a Los Angeles County Sanitation District, the permittee or person making such payment may apply for a refund of 85% of the fee specified in Section 64.11.2 or the applicable charge specified in Section 64.11.3. The claims must be filed within one year from the date the payment is made or within one year from the effective date of the ordinance adding Subdivision 8 to Subsection (a) of this section, whichever period is longer. (Added by Ord. No. 157,145, Eff. 11/22/82.)

10. Where payment was made between May 8, 1988 and June 21, 1991, per Section 64.16.1 or Section 64.18, and the project was subsequently canceled, the claim must be filed within one year of the effective date of this ordinance. (Added by Ord. No. 168,946, Eff. 9/2/93.)

No refund shall be made of money collected pursuant to Section 64.18 hereof [BSF section], which must be paid to a school district or a department of this City, other than the Department of Public Works, in accordance with any ordinance of this City.

(b) (Amended by Ord. No. 171,036, Eff. 6/6/96.) The right to any refund under this section is payable to the permittee. After the time provided in this section to apply for a refund expires, the right to the credit runs with the land.

(c) Where a refund due under this section does not exceed the sum of $25,000 the Board is hereby authorized to make such refund without the necessity of first receiving the approval of the City Council, and to cause a demand to be drawn on the general fund or any other fund in which the fees being refunded may have been deposited. (Amended by Ord. No. 165,365, Eff. 1/29/90.)

(d) The provisions of this section shall not relieve any person from compliance with the provisions of Sections 363, 376 and 376.1 of the Charter relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this State for any remedy provided by that law. (Amended by Ord. No. 146,426, Eff. 9/22/74.)

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SEC. 64.19.1. SEWERAGE FACILITIES FUND.

(a) There is hereby created a fund within the Board of Public Works Trust Fund to be known as the Sewerage Facilities Fund. (Amended by Ord. No. 140,190, Eff. 5/11/70.)

(b) The Board is hereby authorized to use monies available in the Sewerage Facilities Fund in the Board of Public Works Trust Fund for financing the construction of outlet sewers for which the City is obligated by accepting charges in accordance with Section 64.11.2. (Amended by Ord. No. 140,190, Eff. 5/11/70.)

(c) The current and future unencumbered balances on completed projects in the Sewerage Facilities Fund are hereby transferred to the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code. (Added by Ord. No. 140,190, Eff. 5/11/70.)

SEC. 64.19.2. SEWER CONSTRUCTION AND MAINTENANCE FUND.
(Amended by Ord. No. 162,864, Eff. 11/22/87.)

There is hereby established a special fund in the City Treasury entitled Sewer Construction and Maintenance Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into the Fund. All monies received from the sale of sewage derived energy shall also be deposited into the Fund as shall operation and maintenance payments received by the City from contracting agencies for sewer services provided by the City. Monies deposited into the fund shall not be subject to reversion to the Reserve Fund.

Monies deposited into the Fund shall be expended only for sewer and sewage-related purposes including but not limited to industrial waste control and water reclamation purposes and including, but not limited to, funding of the Wastewater System Revenue Bonds Funds created by Section 5.168.1 of the Los Angeles Administrative Code. Expenditures shall be made from the Fund as provided in the General City Budget or by Council resolution unless provided otherwise by ordinance, except however that monies in the fund which were received by the City subject to any limitations on their use may only be expended in accordance with those limitations.

The Board of Public Works shall cause the necessary demands to be drawn upon monies approved for expenditure pursuant to the section except that expenditures for deposit into (a) the Wastewater System Revenue Bonds Funds shall be made as provided in Section 5.168.2 of the Los Angeles Administrative Code and; (b) the Sewer Operation and Maintenance Fund and Sewer Capital Fund shall be made as provided for in Sections 64.19.3 and 64.19.4 of this Code, without such demands[.]

SEC. 64.19.3. SEWER OPERATION AND MAINTENANCE FUND.
(Title and Section amended by Ord. No. 162,864, Eff. 11/22/87.)

There is hereby established a special fund in the City Treasury entitled Sewer Operation and Maintenance Fund. Monies shall be transferred by the Treasurer from the Sewer Construction and Maintenance Fund to the Sewer Operation and Maintenance Fund, on or before the twenty-fifth day of each month commencing on November 25, 1987, for the purpose of paying the operation and maintenance costs of the City’s wastewater system, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. Monies deposited in this Fund shall not be subject to reversion to the Reserve Fund. Such monies shall also be available, if needed, to fund the Wastewater System Revenue Bonds Funds created by Section 5.168.1 of the Los Angeles Administrative Code. Amounts may be advanced to the Sewer Capital Fund, if required, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller.

SEC. 64.19.4. SEWER CAPITAL FUND.
(Added by Ord. No. 162,864, Eff. 11/22/87.)

There is hereby established a special fund in the City Treasury entitled Sewer Capital Fund. All monies received as capital payments from contracting agencies for sewer services and grant receipts shall be deposited into this Fund. Monies shall be transferred by the Treasurer from the Sewer Construction and Maintenance Fund to the Sewer Capital Fund, on or before the twenty-fifth day of each month commencing on November 25, 1987, provided there are otherwise sufficient funds available to make that month’s transfers as required by Section 5.168.2 of the Los Angeles Administrative Code, for the purpose of funding capital projects of the City’s wastewater system, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller. Monies deposited in this Fund shall not be subject to reversion to the Reserve Fund. Such monies shall also be available, if needed, to fund the Wastewater System Revenue Bonds Funds created by Section 5.168.1 of the Los Angeles Administrative Code. Amounts may be advanced to the Sewer Operation and Maintenance Fund, if required, as directed by the Director of the Bureau of Accounting, Department of Public Works, with the concurrence of the Controller.

SFC, BSF, HC, Refunds, Saddle

SEC. 64.20. TAPPING SEWERS, STORM DRAINS AND CATCH BASINS.

(a) When any person finds it necessary to construct any connection to a sewer, storm drain or catch basin at a point where no structural opening exists for such connection, he shall apply to the Board for authorization to make or have such connection made, accompanying such application with the fee hereinafter specified.

(b) Whenever the Board finds it necessary for any person to construct any storm drain or catch basin connection at a point where no structural connection currently exists for it, an additional fee of $55.00 shall be paid for each connection. Unless otherwise specified by the Board, the connection shall be made in the presence of an inspector acting under the authority of the Board, and shall conform to any special instructions of the City Engineer or inspector. (Amended by Ord. No. 178,131, Eff. 1/18/07.)

(c) (Amended by Ord. No. 178,131, Eff. 1/18/07.) Whenever the Board finds it necessary for any person to construct a connection to any sewer where no "Y" or "T" spur branch or other structural opening exists, the contractor or person doing the work shall excavate to the sewer at the point where the connection is to be made, and sewer maintenance forces of the Board shall then cut the required hole in the sewer top and install a saddle furnished by the City for the connection.

The additional fee for tapping the sewer and furnishing and installing the saddle shall be $300.00.

In the tapping of any interceptor or outfall sewer constructed of brick or concrete or any sewer with protective lining, the permitee shall pay to the City the total cost of the work done by the City in connection with the tapping.

(d) All work herein referred to shall be done in a good workmanlike manner under the supervision, and to the satisfaction, of the Board. (Amended by Ord. No. 157,681, Eff. 6/13/83.)

(e) The provisions of Subsections (c) of this section shall be applicable only to connections authorized by permits issued in accordance with Section 64.12 of this chapter. (Amended by Ord. No. 157,681, Eff. 6/13/83.)

(f) All fees collected by the City pursuant to the provisions of this section shall be deposited into the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code, such monies to be expended for the purposes set forth in said section and to provide for appropriate refunds relative to such fees. (Former Subsec. (g) Redesignated (f), Ord. No. 157,681, Eff. 6/13/83.)

SEC. 64.21. EMERGENCY WORK.

Nothing in this article shall be construed to prevent any person maintaining any house connection sewer in any street, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the City are closed; provided, that the person making such excavation shall obtain a permit therefor within four (4) hours after the offices of the City are first opened subsequent to the making of such excavation.

SFC, BSF, HC, Refunds, Saddle

SEC. 64.22. BOARD TO KEEP ACCOUNTS.

(a) The Board shall keep in proper books an accurate account of all money received and resurfacing charges due the City pursuant to Sections 64.12 to 64.22 inclusive, and shall pay all moneys received by it into the City Treasury upon the following business day.

(b) The Board shall mail a statement to every person or to his designated agent on or before the last day of the month following the month in which the charges are determined showing the amount due the City for all work performed by the City under the provisions of Sections 64.12 to 64.22, inclusive, of this Code.

Said amount due shall be paid within 15 days from the date on which the statement is mailed. (Amended by Ord. No. 112,719, Eff. 2/28/59.)

(c) The decision of the Board, as to the cost of any work done, or repairs made by it, under its direction, pursuant to the provisions of Section 64.17 shall be final and conclusive as to the cost thereof.

(d) If it is found that a refund or an additional charge should be made pursuant to the provisions of Sections 64.11.2 to 64.22, inclusive, of this Code, such refund shall be made from the General Fund. (Amended by Ord. No. 140,189, Eff. 5/11/70.)p> SEC. 64.22.1. PERMIT FEE EXEMPTIONS.

(a) Waiver of Fees – War Purposes Only. Whenever any officer, agency or instrumentality of the United States of America, engaged in the performance of duties directly related to the prosecution of the war in which the United States is engaged, applies to the Board for a permit for any of the purposes mentioned in Sections 64.12 to 64.22 inclusive, the Board shall waive the payment of any permit or inspection fees, deposits or special charges otherwise required by this article, and may modify the requirements of Section 64.17, if the Board finds that the proposed installation is designed and intended to be used to serve premises or facilities owned or operated by the Federal Government and used principally for purposes directly related to the prosecution of the war.

(b) Effect of Grant. The grant of permission to make any such installation, extended under this section, shall not be construed to confer any permanent or vested right to the use of the streets or public property of this City, or to maintain, for a period of more than six months after the termination of the war, any installation made hereunder or any connection with a public sewer, except with the consent of the City Council which may be withdrawn, or extended, upon such terms as the Council may then or at any time thereafter impose. The use, directly or indirectly of any installation made pursuant to this section by anyone other than the applicant and those persons, firms or corporations which have equitably participated with the Federal Government in the cost of said sewer construction or installation as determined by the Board from certified copies of existing contracts between said parties and the Federal Government, shall be subject to such terms and conditions as the City Council may at any time impose.

(c) Conveyance of Title to Right of Way – Public Sewer. In the event that the Federal Government and the other parties in interest, as mentioned in Subsection (b) above, shall offer to convey all their respective right, title and interest to any sewer constructed hereunder, including all necessary rights of way for sewer purposes, without cost to the City of Los Angeles, and if the Board finds that the sewer may properly be used as a public sewer, to the substantial advantage of the City, then the Board is authorized to accept said sewer as a public sewer at such time as the Council has accepted all necessary easements therefor and the parties in interest, abovementioned, will be entitled to continue to use said sewer facilities without the payment to the City of any permit or other special fees or charges except those required by Section 64.15.

(d) City Engineer Approval Required. No permit shall be granted hereunder unless plans and specifications of the proposed installation have first been submitted to and approved by the City Engineer.

SEC. 64.23. DRAINS, SEWERS, ETC. – NOTICE OF ABANDONMENT.

(a) Notice of Contents Thereof. When any zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit which is the property of or under the control of this City is abandoned or the use thereof discontinued by the City, the Board is hereby authorized to give written notice thereof to the owners of or the persons in possession of all property served by or in any manner connected to or with any such zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, which notice may order, with regard to such zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, (1) that the use of any existing connections be discontinued and disconnected; (2) that the placing or discharging therein of any water waste matter articles, substance or material of any kind or nature whatsoever, or other use, be discontinued; and (3) any necessary work or repairs required to be done by said owners or persons in possession after such disconnection or discontinuance, which order shall designate the materials to be used and specify the manner in which said work shall be done and the time when such work or repairs shall be commenced and completed. Such notice may be served by delivering the same personally to said owners or persons in possession, or by posting the same upon said property.

(b) Owner’s Compliance with Notice. Any owner, agent or occupant of any such premises within seven days after service of the notice as provided in Subsection (a) of this section, shall comply with the provisions of said notice or order and shall commence the necessary work of disconnection, repair or reconstruction, and shall do the same in a manner, with the materials and within the time specified in said notice.

(c) Failure to Comply with Notice. No person who is the owner, agent or occupant of any such premises where notice is given, as provided in this section, shall fail, refuse or neglect to disconnect any connections and to discontinue the use of any such zanja, drill, storm drain, storm water channel, watercourse sewer, pipe or conduit in any manner, or fail, refuse or neglect to begin the work required in said notice within the time given, or having begun such work to fail refuse or neglect to prosecute said work to completion in the manner, with the materials and within the time specified in said notice, unless a permit for a variance therefrom in writing shall have first been obtained from the Board.

(d) Discharge into Abandoned Drains. No persons shall place or discharge any water, waste matter, or any article, substance or material of any kind whatsoever in any zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, which has been abandoned or the use of which has been discontinued, or make or maintain any connection with or to any such zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, unless a permit in writing shall have first been obtained from the Board.

(e) Tampering with Drain. No person shall in any manner tamper with, open, cut, break or destroy any zanja, drain, storm drain, storm water channel, watercourse, sewer, pipe or conduit, whether abandoned, in use, or otherwise, unless a permit in writing shall first have been obtained from the Board.

SFC, BSF, HC, Refunds, Saddle

SEC. 64.25. INVESTIGATION ON PRIVATE PROPERTY.

The Board of Public Works or any of its authorized representatives may make such inspections or investigations as said Board deems necessary at any reasonable time, in any building, premises or lot for any of the purposes set forth in this section. No person shall interfere with, prevent or refuse to permit the entry of said Board or any of its authorized representatives into or upon any building, premises or lot for any of the purposes set forth in this section. (Amended by Ord. No. 113,953, Eff. 8/23/59.)

(a) To determine the size, depth and location of any sewer or storm drain connection. (b) To determine the outlet of any sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary.

(c) To determine by measurements and samples the quantity and nature of sewage or waste water being discharged into any sewer, storm drain or water course.

(d) To inspect, test, and sample the discharge of any device used to prevent the discharge into any seer, storm drain or water course of illegal waste or illegal quantities of waste, such as floor drains, sand boxes, grease traps or other clarifiers, also, of those devices used to grind, shred, pulverize, or otherwise treat garbage or industrial waste, before discharging same into a sewer or storm drain.

(e) To determine the location of roof, swimming pool and surface drains, and whether they are connected to a street gutter, storm drain or sewer.

(f) To determine the nature and quantity of flow in any open water course or storm drain.

(g) To locate, inspect, test, and sample the discharges to, from and within a PSDS. (Added by Ord. No. 160,388, Eff. 10/21/85.)

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