Section

64.41.01   Definitions.

64.41.03   Charges.

64.41.05   Billing – Collection – Payment of Charges – Delinquency Penalties.

64.41.07   Adjustments – Exemptions – Appeals.

64.41.09   Dispositions of Funds.

64.41.10   Sewer Service Charges Held in Trust.

64.41.11   Annual Review.

SEC. 64.41.01. DEFINITIONS.
(Renumbered by Ord. No. 162,637, Eff. 8/23/87.)

For purposes of this article, the following definitions shall apply:

(a) “Adjustment” - A determination that the volumetric amount of sewage which enters the sewer system from a premises is based on sewage volume other than that prescribed by Section 64.41.03(g) of this article. (Subsec. (d) Re-lettered (a) and Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(b) “Billing Period” - A period used by Water and Power to accumulate water consumption data for invoicing purposes. Such periods are “monthly” or “bi-monthly.” (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(c) “Board” – The Board of Public Works of the City of Los Angeles. (Former Subsec. (c) Deleted, Subsec. (k) Re-lettered (c) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(d) “Commercial” - The use of the sewer system which is in any manner related to the operation of any premises for the purposes of business, trade, commerce, or as a church or public meeting place, and not otherwise included in the definitions of “Industrial,” “Multiple Dwelling,” or “Residential” in this Section. (Subsec. (f) Re-lettered (d) and Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(e) “Director” - The Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representative thereof. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(f) “Dry Winter Compensation Factor” - A factor of 1.0 or less, determined annually by the Board, which is multiplied by the Winter Water Use of a premises to compensate for a Rainy Season with insufficient rainfall to obviate irrigation of outdoor planting. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(g) “Exemption” – A determination that a premise does not discharge into the City’s sewer system. (Subsec. (m) Re-lettered (g) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(h) “Fiscal Year” - The twelve month period beginning the 1st day of July of a calendar year and ending the 30th day of June of the subsequent calendar year. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(i) “Governmental” – A municipal corporation, city and county, county, state, federal, governmental, political or quasi-public unit, body, agency or entity. (Subsec. (h) Re-lettered (i) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(j) “hcf” - A measurement unit of volume equal to 100 cubic feet. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(k) “Industrial” – The use of the sewer system which is in any manner related to manufacturing or processing activities. (Subsec. (g) Re-lettered (k) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(l) “Low-Strength Industrial User” - An industrial user discharging low- strength industrial wastewater. (Added by Ord. No. 171,497, Eff. 3/7/97, Subsec. (p) Re-lettered (l) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(m) “Low-Strength Industrial Wastewater” - Industrial wastewater determined to contain concentrations of less than the designated Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) values in the Board Rules and Regulations Governing Disposal of Industrial Wastewater into the Publicly Owned Treatment Works of the City of Los Angeles. (Amended by Ord. No. 176,462, Eff. 3/13/05.)

(n) “Low-Strength Sewer Service Charge Rate” - A sewer service charge rate which only includes the flow cost component in the calculation of the sewer service charge rate for those industrial users discharging low-strength industrial wastewater. The low-strength sewer service charge rate does not include a cost component for the strength of the wastewater. (Added by Ord. No. 171,497, Eff. 3/7/97, Subsec. (q) Re-lettered (n) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(o) “Multiple Dwelling” - The use of the sewer system which is in any manner related to the ownership, operation, or maintenance of an apartment house, condominium, stock cooperative, or community apartment project; provided however, the application of this term is limited to a structure or structures consisting of five (5) or more dwelling units served by a single water meter, but shall not apply to the ownership, operation, or maintenance of mobile home parks as defined in Section 12.03 of this Code. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(p) “Owner” – The legal owner of the real property, except when the legal owner of said real property is such due to the holding of a mortgage, note or other such security, in which case the “owner” shall be deemed to be the beneficial owner of said real property. (Subsec. (n) Re-lettered (p) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(q) “Premises” – (Subsec. (i) Re-lettered (q) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) One or more contiguous parcels of real property under one ownership.

EXCEPTIONS:

(1) If the foregoing area consists of subareas which are:

(i) leased or rented for other than residential purposes; and

(ii) devoted to unrelated uses; and

(iii) served by separate City water meters;

the premises may be determined based on the individual sub-areas.

(2) If the foregoing area is divided into sub-areas which are:

(i) separate legal lots or parcels; and

(ii) devoted to residential use or vacant; and

(iii) served by separate City water meters; and

(iv) not developed as part of a unified whole;

the premises may be determined based on the individual sub-areas.

(3) Notwithstanding any other provisions, for a common interest development, as defined in Section 1351 of the Civil Code of the State of California, the premises shall be all the volume of space within the development.

(r) “Rainy Season” - A period of consecutive days, determined annually by the Board to be most representative of a period within each fiscal year, during which the need for irrigation of outdoor planting is minimized. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(s) “Rainy Season Billing Period” - Determined annually by the Board individually for each premises, that bimonthly billing period or those two consecutive monthly billing periods, occurring wholly within the Rainy Season Review Period of a fiscal year, having the lowest average daily amount of water supplied to the premises. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(t) “Rainy Season Review Period” - A period of consecutive days completely containing the Rainy Season of a fiscal year, determined annually by the Board to be sufficiently long to determine a Rainy Season Billing Period for each premises. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(u) “Residential” - The use of the sewer system which is primarily related to domestic sewage production from a premises consisting of a residential dwelling or dwellings and not included in the definition of “Multiple Dwelling” in this section. (Subsec. (l) Re-lettered (u) and Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(v) “Sewage” – The spent water of the community received by the sewer system. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water, and storm water that may he present. (Subsec. (a) Re-lettered (v) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(w) “Sewer System” – Collectively. all of the property involved in the operation of the sewage collection, treatment, and disposal system of the City of Los Angeles, including land, sewers and appurtenances, pumping stations, treatment works and equipment. (Subsec. (b) Re-lettered (w) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(x) “User” - An owner or occupant of a premises in the City of Los Angeles from which sewage is discharged into the sewer system. (Subsec. (e) Re-lettered (x) and Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(y) “Water and Power” – The Department of Water and Power of the City of Los Angeles. (Subsec. (j) Re-lettered (y) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(z) “Winter Water Use” - The average daily amount of water supplied to a premises during the Rainy Season Billing Period. (Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(aa) Ultra-Low-Flush Toilet. (Added by Ord. No. 172,763, Eff. 9/19/99.) A toilet designed to evacuate the content of the bowl using a maximum of 1.6 gallons of water per flush.

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SEC. 64.41.03. CHARGES.
  (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(a) There is hereby imposed a sewer services charge for the receiving, transportation, pumping treatment and/or disposal of sewage through the sewer system. (Amended by Ord. No 151,211, Eff. 8/7/78.)

(b) The Sewer Service Charge (SSC) will be a charge to all users on the volume of sewage discharged to the sewer system from a premises. The SSC shall be paid by the user or other person billed by either Water and Power or the Office of Finance, whichever has billed for such charge. If the user is someone other than the owner of the premises the owner and such user shall be jointly and severally obligated to pay the SSC. The imposition of the SSC based on the volume of sewage discharged shall not preclude imposition of a supplemental charge to industrial users based on the quality of sewage discharged (“Quality Surcharge Fee”), as provided by Section 64.30 D.4. of this Code. (Amended by Ord. No. 173, 587, Eff. 12/7/00.)

(c) Any allocation of the Sewer Service Charge rate between the financing of capital improvements and the payment of the costs of operation and maintenance (including replacement) of the sewer system, or any other adjustment of the rate, necessary to comply with the provisions of federal or state law, shall be made by the Board following adoption of the budget for each fiscal year.

(d) No Sewer Service Charge shall be billed to or collected from a premises where no portion of the water supplied or delivered to the premises, from whatever source, neither traverses through any portion of the City’s sewer collection system or is treated at any of the City’s sewage treatment facilities.

(e) Sewer Service Charge Computation: The Sewer Service Charge for each user shall be computed by multiplying the applicable rate, as provided in Subsection (f), by the volume of sewage discharged to the sewer system from a premises, as provided in Subsection (g); the result shall be decreased by a low-income subsidy, as provided in Subsection (h), or increased by a low-income subsidy surcharge, as provided in Subsection (i), whichever is applicable.

(f) Rate: The rate applicable to calculating the Sewer Service Charge shall be determined as follows:

(1) For users whose premises discharge sewage to the sewer system, and this sewage is treated in the City's facilities, the rate shall be $2.49 per hcf of sewage discharged, except as provided in Subdivision (2) below. (Amended by Ord. No. 176,462, Eff. 3/13/05.)

(2) Any Low-Strength Industrial User may petition the Board and request to pay its Sewer Service Charge at the Low-Strength rate of $1.730 per hcf, for the flow component of its wastewater discharge in addition to paying a "Zero-Based" Quality Surcharge Fee for the strength component of its wastewater discharge per Section 64.30 D.4.(b) and (c) of this Code. The petitioner must submit analytical data on its discharge at the time of and with its petition, demonstrating that the average strengths of its BOD and/or SS concentrations discharged over a one-year period are less than the designated BOD and SS values in the Board Rules and Regulations Governing Disposal of Industrial Wastewater into the Publicly Owned Treatment Works of the City of Los Angeles. Fees paid in accordance with this paragraph shall be effective for services provided up to one year prior to date of petition to pay such fees, but shall in no case be effective for services provided before July 1, 1996. (Amended by Ord. No. 176,462, Eff. 3/13/05.)

(3) If a premises discharges sewage to the sewage collection system but the sewage is not treated at the City’s sewage treatment facilities, the applicable rate shall be 15% of what it would otherwise be if the sewage was treated at the City’s sewage treatment facilities.

(4) (Added by Ord. No. 176,462, Eff. 3/13/05.) The rates shown in Subdivisions (1) and (2) above shall be modified in accordance with the following schedule:

	July 1, 2005	July 1, 2006	July 1, 2007	July 1, 2008
Sewer Service Charge ($/hcf)	$2.66	$2.85	$3.05	$3.27
Low-Strength Sewer Service Charge ($/hcf)	$1.851	$1.981	$2.119	$2.268

(g) Sewage Volume: The volume of sewage discharged from a premises, used for the purposes of calculating the Sewer Service Charge, shall be determined as follows, unless the Board has authorized an adjustment pursuant to Subsection (b) of Section 64.41.07:

(1) For residential users, the volume for each day billed to a user on a premises within a fiscal year shall be the greater of the following:

(A) the Winter Water Use for that user on that premises during the most recently determined Rainy Season Review Period multiplied by the corresponding Dry Winter Compensation Factor; or

(B) the minimum reasonable volume of sewage discharged by a household consisting of one resident as determined by the Board.

EXCEPTION: If the volume of water delivered to a premises during a billing period is zero, the volume of sewage discharged shall be zero. The Board shall establish rules to estimate the volume of sewage discharged when the record of data for a user on a premises during the most recently determined rainy season is incomplete or nonexistent.
(Amended by Ord. No. 172,763, Eff. 9/19/99.)

(2) For Commercial, Governmental, Multiple Dwelling, and Industrial users, the volume shall be 90% of the volume of water supplied to the premises during the billing period.

(3) Direct Measurement/Calculation:

A. In lieu of paragraphs (1) or (2) above, the Board may authorize the direct measurement or calculation of the volume of sewage discharged from a premises in the following circumstances:

i. Where in the Board’s judgement, the flows of sewage from the premises are sufficient for accurate measurement, any user may obtain a permit from the Board and install a device or devices approved by the Board to measure all the sewage discharged into the sewer system from the premises. For purposes of this article, the total aggregate sewage measured through said device or devices sharing a given billing period will be deemed to be the sewage volume discharged from the premises for said billing period.

ii. Where the plumbing on a premises has been arranged to isolate the plumbing which serves uses that are tributary to the sewer from the uses not so tributary, subject to inspection and approval by the Department of Building and Safety (DBS), a user may obtain Board authority to install one private water meter for each tributary City water meter serving the premises. When the private meter is installed on the tributary service, the Sewer Service Charge shall be billed based on the volume of water through the private meter during the billing period. When the private meter is installed on the non-tributary service, the Sewer Service Charge shall be billed based on the difference between the volume through the City meter and the private meter during the billing period. A user may allow hose bibbs to remain attached to the tributary service, but no credit against the Sewer Service Charge shall be given in such a case. The Board shall promulgate rules which determine whether the meter is to be installed on the tributary or non-tributary service.

A user may choose at any time to revert to volume determination based on the methods in Paragraphs (1) or (2) above, whichever is applicable; however, such a user may not again be approved for private metering before 12 months have elapsed since the effective date of reversion.

The Board may require the user at any time to install a device to telemeter the data obtained by the metering device back to a City computer if the installed meter allows for this to be done.

B. Whenever the Board has authorized the direct measurement or calculation of sewage volume discharged from a premises, the user shall bear all responsibility for the expense of permits, equipment, installation, and maintenance of any private water meter. The Board may require periodic testing of installed equipment to insure reasonable accuracy. The board may revert a user who does not repair malfunctioning equipment within the time which the Board may specify to volume determination based on the methods in paragraphs (1) or (2) above, whichever is applicable.

(h) Low-Income Subsidy: The Sewer Service Charge shall be reduced by 31% for low-income Residential users who pay such charges, the definition of such a class being determined by the Board of Water and Power Commissioners, for the first 18 billing units (a billing unit being each hcf of sewage entering the sewer system) of each two-month billing period, or the first nine billing units for each one-month billing period as to any such Residential user billed monthly.

(i) Low-Income Subsidy Surcharge: The Sewer Service Charge to all users, who are not within the class of a low-income Residential user, as provided in Subsection (h), shall be increased by a surcharge of 0.84%.

(j) The sewer service charge for the volume of sewage introduced into the sewer system from any property not supplied with water by Water and Power will be determined by the Board and shall be as nearly as possible equivalent to the sewer service charge established under this section for similar property supplied with water from Water and Power.

(k) The Board shall have the power and duty, and is hereby directed to enforce all of the provisions of this article, except as otherwise set forth herein, and shall provide such rules and regulations as are consistent with the provisions of this article and as may be necessary or desirable to aid in the administration, including adjustments. and enforcement of the sewer service charge.

(l) The Board 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 article. 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 article.

(1) To determine the size, depth and location of the sewer or storm drain connection;

(2) To determine the outlet of an sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary;

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

(4) To inspect, test and sample the discharge of any device used to prevent the discharge into any sewer, 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.

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

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

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SEC. 64.41.05. BILLING – COLLECTION – PAYMENT OF CHARGES – DELINQUENCY PENALTIES.
  (Amended by Ord. No. 173, 587, Eff. 12/7/00.)

(a) The collection of the sewer service charge imposed by this article shall be under the direction. supervision and control of the Office of Finance.

(b) The Office of Finance and City Controller, and the deputies of each of them, shall have the power to audit and examine all books and records as may be necessary for the purpose of ascertaining the amount of sewer service charges required to be paid according to the provisions of this article, and for the purpose of verifying the statements or any item thereof filed pursuant hereto. Each person, individual, corporate or otherwise whose duty it is to remit to or to collect and remit to the City of Los Angeles any sewer service charge imposed by this article shall keep and preserve for a period of four (4) years all books and records as may be necessary for the purpose hereof.

(c) (Amended by Ord. No. 171,497, Eff. 3/7/97.) The Office of Finance shall arrange for the billing and collection of, and accounting for the Sewer Service Charge through and by available facilities of Water and Power insofar as possible and, with the advice and assistance of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.), shall arrange for the payment to Water and Power of its costs of such services, and to the extent such billing and collection by Water and Power are not deemed possible or practical by the Office of Finance due to adjustments or otherwise, separate billing and collection at reasonable and regular intervals shall be provided for by the Office of Finance.

For those industrial users that pay a low-strength sewer service charge rate, the Bureau of Sanitation shall calculate the amount to be billed for the strength cost component of the Sewer Service Charge, as “Zero-Based” Quality Surcharge Fee, and the Bureau of accounting shall perform the billing and collection of, and accounting for said fee.

(d) The Office of Finance shall have the power and duty, and is hereby directed, to enforce all of the provisions of this section, and may make such rules and regulations as are consistent with the provisions of this article as may be necessary or desirable to aid in the administration and enforcement of the provisions of this article.

(e) The duty to collect the sewer service charge from a user or other person billed by Water and Power as provided for in this article, shall commence with the beginning of the first regular billing period of Water and Power applicable to said user or other person billed which starts on or after the operative date of this ordinance. (Amended by Ord. No. 162,637, Eff. 8/23/87.)

(f) The sewer service charge shall be billed to and paid by said user or other person in whose name or names the water meter or meters serving said premises is listed upon the records of Water and Power, or, in the absence of such listing, as may be determined by the Board provided however the owner of said premises shall also be liable, jointly and severally, for any unpaid charges. (Amended by Ord. No. 162,865, Eff. 11/22/87.)

(g) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Unless the billing is handled through some other procedure the sewer service charge shall be billed by Water and Power in accordance with its regular billing practices, shall be added to and included on each water bill of Water and Power to users of the sewer system, and shall be due and payable to the City of Los Angeles through Water and Power at the time and in the manner of the payment of said water bill and other charges made thereon. If any increase in the sewer service charge, as a result of an amendment to Section 64.41.03 of this Code, is effective during a particular user’s billing period, said user will be billed at such new rate for the period of time during such billing period said new rate is in effect and at the old rate for the period of time prior to that. For the purpose of such proration the water delivered or furnished to the premises, or the sewage discharged from the premises pursuant to Section 64.41.03 of this Code, will likewise be prorated based on the respective number of days during such billing period the new and old rate are in effect.

(h) Where Water and Power does not supply, deliver to, or connect, any of its water lines to a premise in the City of Los Angeles from which premise the sewer system receives sewage, and said user is determined by the Board to be a user of the City’s sewer system, the user shall be billed separately by the Office of Finance. (Amended by Ord. No. 151,211, Eff. 8/7/78.)

(i) All bills for the sewer service charge provided for herein are due and payable upon presentation. Bills not paid within fifteen (15) days after date of presentation shall be deemed delinquent.

(j) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Whenever the Office of Finance determines that a user or other person billed as provided for in this article has deliberately withheld or failed or refused to pay all or any part or portion of the sewer service charge billed to him by Water and Power, and the Office of Finance deems it in the best interest of the City, the Office of Finance may relieve the Water and Power of any obligation it may have to bill or collect, or both, the sewer service charge from said user or person billed, and assume the billing or collection, or both, thereof for the periods involved.

If the Office of Finance for whatever reason assumes from Water and Power the direct billing or collection, or both, of the sewer service charge, he may at said time so notify the person billed and, in addition, the owner of the premises, if other than the person billed, of the delinquency, if such be the case.

Whenever the Office of Finance determines that a user or other person billed initially by him has deliberately withheld or failed or refused to pay all or any part or portion of the sewer service charge billed, and the Office of Finance deems it in the best interest of the City, the Office of Finance may serve notice on the user or other person billed and, in addition, the owner of the premises, if other than the person billed, of his or her delinquency.

The notice in either event shall be served on the user or other person billed and, in addition, the owner of the premises, if other than the person billed, by handing it to him or her personally, or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the user or other person, at the address to which billing was made by Water and Power, or, if his or her address has been changed or he or she was not so billed then to his or her last known address and, in addition, the owner of the premises, if other than the person billed, at such owner’s address. The notice shall include information as to the amount due and a warning notice that if the amount due is not paid within fifteen (15) days, proceedings to establish a lien against the real property to which the service was furnished will be instituted, and if the lien is established and recorded, penalties and interest, pursuant to this article, will accrue. If the user or person billed or, in addition, the owner of the premises, if other than the person billed, fails to pay the Office of Finance within fifteen (15) days from the date of service of the notice upon such person, which shall be the date of mailing if service is not accomplished in person, the Office of Finance is authorized to make such delinquent charges a lien against any such property (except that no such lien shall be created against any publicly owned property). Such lien proceedings will be initiated by the Office of Finance by preparing a list of such delinquencies containing the names, the amount due, and the description of each parcel to be subjected to the lien procedure. The descriptions of the parcel shall be hose used for the same parcels on the Assessor’s map books for the current year. The Office of Finance shall fix a time, date and place for hearing any protests or objections to the list, and shall cause notice of the hearing to be mailed to each owner of the parcels of real properly to be subjected to the lien not less than ten (10) days prior to the date of hearing. Any person opposing the lien upon real property which is owned by such person may submit his or her protest either in writing, orally, or both. The oral hearing may be continued from time-to-time as schedules require. The Office of Finance shall keep a record of the notices, the persons to whom such notices were mailed, the date of mailing, and the person responsible for the mailing. A declaration by the person responsible for such mailing that it was made shall be sufficient evidence that notice was given. At the hearing on the list of the Office of Finance for imposition of the lien the list shall be prima facie evidence of he matters contained therein. The burden of going forward with the evidence to establish the incorrectness of the list shall be upon the person opposing the proposed lien. Upon a conclusion of the hearing, the Office of Finance shall confirm and verify the list to be recorded in the County Recorder’s Office. The lien as to each parcel properly described in such list shall carry a basic penalty of ten percent (10%) of the amount owed or an administrative expense of fifty dollars ($50.00), whichever is higher, together with an additional penalty at a rate of one percent (1%) per full month compounded monthly from the date of recordation of the lien on all charges due. Such lien shall have the same force, effect, priority and duration as to the real properly described as would the lien of an abstract of judgment against the owner of real property at the time such list is recorded and may be enforced in like manner.

Property may be discharged from the lien by the payment of all delinquent charges plus penalties. A list of all such delinquent charges shall be recorded at least every six months, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge or any subsequent act or proceeding. If through error or otherwise the amount of any unpaid charge plus penalties thereon as stated in said list shall be incorrect, said error shall be disregarded and shall not affect or invalidate the filing if said error is one dollar ($1.00) or less.

The Director shall provide such information, as necessary, to the Office of Finance in reference to property descriptions and owners.

(k) The sewer service charge shall be a civil debt owing to the City of Los Angeles from the user of any premises from which sewage is received or collected into the sewer system, or from any other person billed as provided in this section. Any person owing money to the City under the provisions of this article shall be liable in an action brought in the name of the City of Los Angeles in any court of competent jurisdiction for the recovery of such amount and any penalty imposed thereon pursuant to the terms of this article. In any such action reasonable attorney’s fees shall be awarded to the City of Los Angeles. (Last Sentence added by Ord. No. 162,637, Eff. 8/23/87.)

(l) If the Office of Finance finds that he cannot collect the sewer service charge and penalty or either of them imposed under the terms of this article, or that his efforts to collect any such amount would be disproportionately costly with relation to the probable outcome of the collection efforts, he may prepare a report setting forth his finding and the reasons therefor, and submit it to a Board of Review which shall be composed of the City Controller, the Office of Finance, and the City Attorney, or the duly appointed representative of each. The Board of Review may call for additional evidence as it may deem relevant. Upon unanimous approval of a finding by the Board of Review, the Office of Finance may remove from his active accounts receivable said unpaid sewer service charge and penalty. If the Board of Review does not unanimously recommend approval of the finding, the matter shall be returned to the Office of Finance. The Office of Finance may include in a single report his findings and supporting reasons regarding the sewer service charge and penalty due from more than one user or person billed. The removal from the active accounts receivable of the Office of Finance of any unpaid sewer service charge and penalty as provided for by this article shall not preclude the City from collecting or attempting to collect any such sewer service charge and penalty.

(m) The Office of Finance for and in the name of the City of Los Angeles may enter into a written agreement in form approved by the City Attorney, with any person indebted to The City of Los Angeles pursuant to the terms of this article obligating said person to pay such indebtedness to the Office of Finance in monthly or more frequent installments, but in no event over a period greater than one year. In any such agreement such person, whether corporate, individual or otherwise, shall acknowledge the obligation owed to the City and his indebtedness thereon, shall agree that in the event of his failure to make timely payment of any installment thereof that the whole amount then due and unpaid may be determined by the Office of Finance to be immediately due and payable in full, and shall agree to pay all costs and reasonable attorneys fees incurred by or on behalf of the City in collection thereof or for any legal proceeding commenced for said purpose.

(n) Whenever a payment mailed to the City is received after the time prescribed in this article for receipt thereof, the Office of Finance or Water and Power as the case may be, may accept proof that there had been a timely deposit thereof in the United States mail and that no delinquency or penalty is applicable thereto.

(o) Whenever the amount of a sewer service charge and penalty, or either, is determined by Water and Power or by the Office of Finance to have been overpaid, paid more than once, or to have been erroneously collected or received by it in whole or in part, the office making said determination may provide for correction thereof either by refund or by credit on future bills in its discretion.

(p) Where there is a dispute with respect to the sewer service charges or penalties or both, owing to the City, the Office of Finance, with the written approval of the City Attorney and subject to the provisions of the Charter of the City of Los Angeles, may compromise the amount of the City’s claim for sewer service charges or penalties, or both, which may apply thereto where the portion of the amount proposed to be released is less than $500.00; and with the approval of the City Attorney and the City Council, may compromise such amount where the portion proposed to be released is $500.00 or more.

(q) Remedies for collecting and enforcing rates and charges set out in this article are cumulative and may be pursued alternately, or any thereof may be used consecutively when the City Council so determines. If any one of said remedies is or may be invalid, all valid remedies shall remain effectual until the principal and interest of the bonds are fully paid. Any holder of any bond outstanding at any time may compel the use of any or all of the remedies herein provided. The costs of collection and enforcement of the remedies for the collection or charges may be paid from the revenues. (Amended by Ord. No. 162,637, Eff. 8/23/87.)

(r) Where a singular, non-recurrent, incident occurs on a premises which results in a discharge of metered water which is not tributary to the sewer, upon receipt of a written application and satisfactory evidence, the Board shall provide for abatement of the Sewer Service Charge applicable to the volume of water so discharged up to a maximum of $500 either by refund or by credit on future bills in its discretion. (Added by Ord. No. 167,992, Eff. 7/11/92.)

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SEC. 64.41.07. ADJUSTMENTS - EXEMPTIONS - APPEALS.
  (Amended by Ord. No. 173, 587, Eff. 12/7/00.)

(a) The Board shall establish rules and regulations for the filing, review and determination of adjustments and exemptions and, insofar as consistent with the terms of this section, for any appeals to the Board from determinations thereon.

(b) (Amended by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall have the power to provide for adjustments to the volume of sewage determined to be discharged to the sewer system in the following instances when:

(1) (Amended by Ord. No. 172,763, Eff. 9/19/99.) The user’s sewage volume would otherwise be determined by section 64.41.03 (g) (1), and:

(A) an extraordinary non-occupancy related condition occurred during the Rainy Season Billing Period substantially affecting the user’s Winter Water Use; or

(B) the user has replaced all existing toilets on the premises with Ultra-Low-Flush Toilets.

(2) The user’s sewage volume would otherwise be determined by Section 64.41.03(g)(2) and the user’s actual discharge of sewage to the sewage system is determined to be substantially less than 90% of the volume of water supplied to the premises.

(3) The premises is unoccupied throughout a billing period.

(c) The Board shall have the power to provide for exemptions as defined in this article. (New Subsec. (c) Added by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.)

(d) (Subsec. (c) Re-lettered (d) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall provide Water and Power with notices of adjustments and exemptions and appeal procedures, and Water and Power shall cause said notices to be mailed along with the first water bills subsequent to the effective date of this article which includes sewer service charges, and will cause copies of said notices to be mailed or otherwise given in connection with each new application for water service made after the effective date of this article. The Board shall likewise provide such notices to the Office of Finance and the Office of Finance shall cause said notices to be mailed or otherwise distributed to all users or other persons billed by the Office of Finance whom he has reason to believe has not already received such notice.

(e) (Subsec. (d) Re-lettered (e) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Where a determination or adjustment or exemption has become final as provided in this section. future billings shall reflect such adjustment unless otherwise determined by he Board.

(f) (Subsec. (e) Re-lettered (f) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall advise the Office of Finance when there is any adjustment or exemption affecting past or future charges, and, if so, for what period of time and to what extent, and the Office of Finance shall take whatever action he deems necessary to comply with such adjustment or exemption, whether by refund, credit, or otherwise.

(g) (Subsec. (f) Re-lettered (g) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall arrange with Water and Power to calculate and apply, insofar as adequate data is available, the appropriate adjustment to the Sewer Service Charge of each residential user annually using water consumption data available in the Water and Power automated billing system. Such adjustments shall be effective only for billings prepared following the time of calculation. (Amended by Ord. No. 170,257, Eff. 2/23/95.)

(h) (Subsec. (g) Re-lettered (h) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) (Amended by Ord. No. 170,257, Eff. 2/23/95.) Any user or person billed, may apply in writing for an adjustment to the office designated by the Board within thirty (30) days from the date the bill is mailed or delivered with respect to the period for which the user or person billed seeks adjustment. However, the application may be made within one (l) year from the date the bill is mailed or delivered with respect to the period for which the user or person billed seeks adjustment under the following two circumstances:

(a) the premises was unoccupied; or

(b) the result of the calculation performed by the Department of Water and Power was inaccurate because of defective water consumption data.

(i) (Subsec. (h) Re-lettered (i) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) The Board shall provide for action to be taken and determination to be made upon each application for adjustment or exemption within thirty (30) days from the date said application is filed whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. Request for production of additional information may be made of the applicant, and if the applicant fails to produce the requested information within thirty (30) days from the date of mailing the request therefor, proceedings may be terminated or such other action as is deemed by the Board to be appropriate may be taken.

(j) (Subsec. (i) Re-lettered (j) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Any person who has filed an application for adjustment or exemption and received a determination thereon, and who has likewise complied with the procedures of this section, may appeal such determination to the Board pursuant to procedures, rules and regulations adopted by the Board of such purpose. An appeal must be filed within ten (10) days following the date of mailing notice of the determination on the request for adjustment or exemption. The Board shall set a time for hearing the matter, and shall mail written notice thereof no less than ten (10) days prior to the date of such hearing to the person who has filed. The notice shall be mailed postage prepaid to the address designated on said appeal, and also to the address shown on the original application for adjustment if such is different.

(k) (Subsec. (j) Re-lettered (k) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) A hearing upon an appeal shall be set whenever reasonably possible no later than thirty (30) days after the date of filing the appeal. The Board may continue the hearing from time to time in its discretion, and shall make a written determination upon the appeal within fifteen (15) days from the conclusion of the hearing and provide a copy thereof to the person who filed said appeal.

(l) (Subsec. (k) Re-lettered (l) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) Any person may, who has complied with the procedures of this section, may, within ten (10) days of the mailing date of the Board’s written determination, referred to in (j) above, appeal such decision to the City Council by filing a notice of appeal with the Office of Finance. This notice of appeal shall be in writing and set forth specifically wherein the appellant believes there was an error or abuse of discretion on the part of the Board. The Council may then set a time for hearing the matter, and shall mail written notice thereof no less than ten (10) days prior to the date of such hearing to the person who has so filed. The notice shall be mailed as provided in (i) above. If the City Council fails to act within thirty (30) days after the day of the filing or the appeal with the Office of Finance the appeal shall be deemed denied.

(m) (Subsec. (l) Re-lettered (m) by Ord. No. 171,531, Eff. 4/5/97, Oper. 7/1/97.) An adjustment or exemption determination shall become final upon the termination of time for filing an appeal to the City Council as provided for in this section where no appeal has been filed; provided that in the event an appeal has been timely filed, the determination, including deemed denial, by the City Council upon such appeal shall be final and the City Council shall so notify the Board. In either event the Board shall cause written notice of the final adjustment determination to be immediately given to the Office of Finance.

The filing of an application for adjustment or exemption or of an appeal to the Board or City Council from a determination thereon shall not stay the continued and further billing during the course of time consumed in said proceedings, but any such continued and further billing will be adjusted, if appropriate, at the termination of the proceedings pursuant to and in conformance with the determination therein; provided, however, that acceptance of any payment by the City subsequent to the application for adjustment shall not preclude billing and collection different from or in excess of such payments and in conformance with said final determination.

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SEC. 64.41.09. DISPOSITIONS OF FUNDS.
  (Amended by Ord. No. 173, 587, Eff. 12/7/00.)

All sewer service charge moneys collected for the City shall be placed and deposited into the Sewer Construction and Maintenance Fund established by Section 64.19.2 of this Code, such moneys to be expended for the purposes set forth in Section 64.41.03(a), of this Code to pay for any refunds, billing, collection and administration costs related to the sewer service charge and as security and payment of the principal and interest, premiums, if any, of bonds and other obligations issued or incurred for sewer related purposes and to otherwise comply with, be in accordance with, or be in furtherance of, any provisions of law relating to the issuance of such bonds or other obligations and the resolutions under which such bonds or other obligations are issued or incurred. The Office of Finance is hereby authorized to draw demands upon such fund where necessary to pay Water and Power for its administrative and other costs in connection with refunds, billing and collecting such sewer service charge pursuant to arrangements made as set forth in Section 64.41.05(c) of this Code.

SEC. 64.41.10. SEWER SERVICE CHARGES HELD IN TRUST.
  (Added by Ord. No. 162,864, Eff. 11/22/87.)

Upon the issuance of the City’s Wastewater System Revenue Bonds, the sewer service charges will be pledged as security for such bonds as provided in the Wastewater System Revenue Bonds General Resolution to be adopted by the City Council. Any sewer service charges which, pending transfer to the Sewer Construction and Maintenance Fund, are held in the Water Revenue fund are, nevertheless, subject to such pledge and such sewer service charges are impressed with trust as security for the Wastewater System Revenue Bonds provided that such charges may be used to pay refunds and to provide for the expenses of the Department of Water and Power associated with the billing, collection and administrative costs related to the sewer service charge.

SEC. 64.41.11. ANNUAL REVIEW.
  (Renumbered by Ord. No. 162,637, Eff. 8/23/87.)

The Board shall annually review the sewer service charge and recommend to the City Council relative to any necessary rate adjustments so as to ensure that each user will pay his proportionate share of the costs of waste treatment services. (Added by Ord. No. 151,211, Eff. 8/7/78.)

  lamc6441.htm     captured: 6/20/07     Previous: Industrial Waste