13.04.010 - Definitions.

As used in this chapter:

"City" means the city of Oakland.

"District" means the East Bay municipal utility district.

"Person" means and includes any person, firm, association, organization, partnership, corporation, public corporation, political subdivision, (including the city of Oakland and the Port of Oakland), county, district, the state of California, or the United States of America, or any department or agency thereof.

"Sewer facilities" means and includes both the sanitary sewer collection system and the storm sewer collection system. For purposes of this chapter, storm drain system shall have the same meaning as storm sewer system.

(Ord. 11801 § 2, 1995; prior code § 6-7.01)

13.04.020 - Imposition of sewer service charge.

Every party in whose name sewage disposal service of the East Bay Municipal Utility District (District) is granted shall pay a sewer service charge according to the rates as follows, beginning with the first billing period following January 1, 2011:

A.

A monthly charge of $25.80 is established and assessed for the use of sewer facilities for every single-family residence as defined by the District's Business Classification Code 8800, Private Residence.

B.

For multiple-family dwellings, as defined by the District's Business Classification Code 6513, Multiple Dwelling, the following monthly charges are established and assessed for the use of sewer facilities:

1.

Duplexes: $28.95 per month;

2.

Triplexes: $43.43 per month;

3.

Fourplexes: $57.92 per month.

C.

For residential premises not included in Subsections A. or B., a charge based upon the cubic feet of water used on the premises will be made for the use of sewer facilities, which charge shall be computed and levied as follows:

1.

$1.76 per 100 cubic feet per month.

In no case shall the total monthly charge be less than $25.80.

D.

For premises in the district's "commercial," "industrial," and "public authority" business certifications, a charge based on cubic feet of water used upon the premises will be made for the use of sewer facilities, which charge shall be computed and levied as specified below:

1.

Industrial accounts: $1.60 per 100 cubic feet per month;

2.

Commercial accounts: $1.76 per 100 cubic feet per month;

3.

Restaurants/hotels: $1.82 per 100 cubic feet per month;

4.

Hospitals: $1.96 per 100 cubic feet per month;

5.

Laundromats/car washes: $2.06 per 100 cubic feet per month.

In no case shall the total monthly charge be less than $25.80.

E.

For premises with a sewage meter for measuring actual sewage flow from such premises, a charge based on cubic feet of measured sewage flow from the premises, and applicable to all buildings for water consumption cycles commencing on and after January 1, 2011, will be made for the use of sewer facilities, which charge shall be computed and levied as follows:

1.

$2.13 per 100 cubic feet of sewage flow per month.

In no case shall the total monthly charge be less than $25.80.

F.

The sewer service charges established and assessed in Subsections C. and D. shall be applicable to premises where no meter is installed or available in said premises for measuring the volume of sewage from such premises into sewers. The sewer service charge for these premises shall be based upon the total amount of water used from all sources, as ascertained by the district, for sewage disposal service charges imposed by such district within the City.

G.

The sewer service charge established and assessed in Subsection E. shall be applicable to premises where a portion of the water received from any source does not flow into sewers because of manufacturing or removal by other means and a meter is installed or available in said premises for measuring the volume of sewage from such premises into sewers. The sewer service charge for these premises shall be based upon the volume of sewage discharging from such premises into the sewers, as ascertained by the district for sewage disposal service charges imposed by the district within the City.

H.

The charges established and assessed in Subsections A. through E. shall become due and payable on receipt of bill therefore. Such charges shall be paid directly to the City or to the district, as directed upon the bill.

I.

Beginning with annual billing period that begins on or after January 1, 2012, the sewer service charge rates established above shall be increased by 16 percent annually through the annual billing period that begins on or after January 1, 2013.

J.

For the annual billing period that begins on or after January 1, 2014, the sewer service charge rates shall be increased at an annual rate equal to but not to exceed the prior years percentage change in the Consumer Price Index for the San Francisco Bay Area, compiled by the United States Department of Labor, Bureau of Labor Statistics, or successor thereto, between such Index as of June in the year prior to the year in which rates are being increased and June 12 months earlier, as provided for the use of sewer facilities owned and operated by the City.

(Ord. No. 13035, § 1, 7-27-2010; Ord. 12540 § 1, 2003; Ord. 11801 § 1 Attachment A, 1995: prior code § 6-7.02)

ATTACHMENT A

SEWER SERVICE CHARGE VOLUME RATES BASED ON WATER CONSUMPTION

EFFECTIVE JANUARY 01, 2004

(1) EBMUD's Business Classification Cost Number

(2) Hundred cubic feet

13.04.030 - When due.

Upon the expiration of fifteen (15) days after billing for sewer service charges as herein provided, the charges shall become delinquent if the bill, or that portion thereof which is not in bona fide dispute, remains unpaid.

(Prior code § 6-7.03)

13.04.040 - Imposition of lien.

Delinquent sewer service charges which are payable directly to the city are made a lien upon the real property served by a connection to the city sewer system and such lien shall continue until the charges thereon are fully paid.

(Prior code § 6-7.04)

13.04.050 - Remedies.

In addition to other remedies provided by law including the discontinuance of water service in accordance with district procedure, an action may be brought in the name of the city in any court of competent jurisdiction for the collection of delinquent charges and to enforce the lien of the charges thereon. The remedies herein established shall be cumulative and in addition to any or all other remedies available to the city for the collection of said charges.

(Prior code § 6-7.05)

13.04.060 - Sewer service charge fund.

A.

The fund theretofore established and known as the "sewer service charge fund" is continued. All moneys received from the charges established by this chapter shall be deposited in such fund. The moneys in this fund shall be used only for the payment of the costs in connection with acquisition, construction, reconstruction, relocation, maintenance, operation, and repair of the sewer facilities of the city and for the administration of this chapter; provided, however, that the moneys in said fund shall not be used for the acquisition or construction of new sewer facilities in unsewered areas.

B.

The moneys received from the charges established by this chapter, after deposit in the sewer service charge fund, shall be distributed as follows:

At least ninety-five (95) percent shall be for the sanitary sewer system; and, up to five percent shall be for the storm sewer system.

The intent of this provision is to have the distribution made on the basis of the amount collected. For accounting purposes, the division of moneys collected may occur at the time that such moneys are deposited in said fund. However, the establishment of separate funds or accounts shall not be required.

(Prior code § 6-7.06)

13.04.070 - Payment, enforcement.

The sewer service charges herein established shall be paid to the Treasurer of the city or to any other person authorized by the Council to receive payment thereof. It shall be the duty of the Treasurer to enforce collection of said sewer service charges, and to act as the representative of the city for liaison with the district in the disposition of disputed accounts and other matters relating to billing and collecting the sewer service charge by district.

(Prior code § 6-7.07)