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Ord 1980-14/ � Iz q ORDINANCE NO. 1q AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT ESTAB- LISHING CHARGES AND PROVIDING RULES AND REGULATIONS FOR INSPECTION SERVICES PROVIDED BY THE DISTRICT AND FEES FOR ANNEXATIONS OF TERRITORY TO THE DISTRICT. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES ORDAIN AS FOLLOWS: DIVISION I. INSPECTION AND ADMINISTRATION FEES ARTICLE 1 (a) The applicant for sewer construction permit shall pay an inspection fee of 5% of the total sewer improvement con- struction cost as said cost shall be estimated by the District's Engineer. Said estimate shall include anticipated cost increases and increases caused by inflation and other economic factors for a reasonable projected future date, taking into account the day the permit is to be issued and the proposed date that construction is to commence. The Engineer's estimate _shall take into account administrative costs incurred by the District in administering the District's codes, rules, regulations and ordinances and such other costs as the District may incur by reason of the sewer construction improvement. (b) In addition to the sure required pursuant to subpara- graph (a) of this Article, applicant for permit shall also post a cash deposit which said sum shall be calculated to be $20.00 per $1,000.00 of the Engineer's estimate, which said stun shall be assessed from time to time by the District for unexpected or unusual or extraordinary-services necessary for the District -1- to perform in .connection with the administration of its codes, rules, regulations and ordinances where such costs are incurred by the District in connection with the applicant's sewer im- provement project. The cash deposit will not.accrue interest for the depositor and will be refundable either in whole or that portion which is unused within 30 days after approval or acceptance of.the project by the District. Any unusual, extra- ordinary or unexpected'services which the District must render as provided for herein shall be billed at a schedule approved by the District and on file in the District office. (c) A permit fee of $25.00 shall be charged where appli- cant wishes to use District sanitary sewer facilitie without construction of improvements, but in any case necessitating District administrative and inspection costs. (d) In no event shall any fee provided for in (a) of this Article be less than $100.00. DIVISION II. ANNEXATION FEES 'nUTT(`T.T, 1 (a) Except as hereinafter provided, no sanitary sewer service, including residential trash disposal service, shall be provided to any applicant for service unless and until said applicant shall have applied for and been approved for annexa- tion to the District. Approval shall be deemed complete when approved by the Local Agency Formation Commission and when the property to be served has been declared by Board Resolution to be annexed to the District. —2- (b) Sanitary sewer service, including trash collection, may be provided to governmental agencies without annexation to the District. Sanitary sewer service, including trash collection, may be provided by contract to applicants for service without annexation to.the District, however contracts for service may be entered into by the District only on those parcels lying in County territory or within the geographical limits of an incor- porated city other than the City of Costa Mesa. All parcels lying within the geographical limits of the City of Costa Mesa will be served only after annexation to the District as hereto- fore set forth. (c) Any applicant for service where annexation to the District is required shall pay a fee of $525.00 in addition to any charges required to be collected by the District on behalf of other governmental agencies. The District may charge actual additional costs incurred in annexation which may be incurred by, but not necessarily limited to, annexation elections, the expenses of public hearings in nonconsent annexations, litiga- tion challenging the validity of Board action in the approval of annexations and such other reasonable costs which may be incurred over and above.the• permit fee provided for in this Article and sub - section. No annexation shall be deemed complete' until all fees of whatever kind as provided for in this Division are paid. (d) Additional assessments for annexation may be imposed by the District for costs and expenses incurred by the District which are of an unusual nature not normally incurred in the course of an annexation or any additional cost or expense incurred -3- by the District to correct any error or misrepresentation made by any applicant to the District regarding any proposed annexa- tion. No refund will be made to any applicant abandoning any annexation where said abandonment is not attributable to any fault of the District. DIVISION III. MISCELLANEOUS hDrPT('T.r 1 (a) All of the.fees established in this Ordinance, whether for inspections or annexations or otherwise, may be increased, decreased or otherwise modified at any time by resolution duly adopted by the Board of the District. (b) The provisions of this Ordinance may be enforced by civil action at law and /or by injunction. In this connection these regulations shall be construed as a contract by the Costa Mesa Sanitary District and each permittee. (c) If any article, section, subsection, sentence, clause or phrase of this Ordinance, or the application of any therof to any person, entity, public corporation or circumstances be held to be invalid for any reason, such invalidity shall not affect the validity of any other provision or application of any of the remaining provisions or portions of this Ordinance; and to this end the Board of Directors of the Costa Mesa Sanitary District hereby declares that it would have adopted this Ordinance and each and every article, section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other articles, sections, subsections, sentences, clauses or phrases, or the application of any therof to any person, entity, public corporation or circumstance be declared invalid. -4- (d) The Secretary of the District shall certify to the passage of this Ordinance and shall cause the same to be pub- lished once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed, published and circulated in the Costa Mesa Sanitary District, Orange County, California, and seven (7) days from and after its publication it shall be in full force and effect. (e) Any person or entity charged with a violation here- under shall be entitled to a hearing before the Board. The violator shall be advised within 24 hours of the violation and the intention of the Board to conduct a hearing. The violator shall be advised of the date of the hearing at least ten (10) days prior to the hearing date. The hearing shall be conducted before an independent hearing officer and shall be conducted in accordance with the rules of the California Administrative Procedure Act found in Sections 11500 et seq., California Govern- ment Code. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District, at a regular meeting held on the day of 1980. resident -of the oar of Directors of the Costa Mesa Sanitary District ATTEST: ELVIN HUTCHISON Secretary By Assistant Secretary 0.1 the Bard of Directors of the Costa Mesa Sanitary District _S_ STATE OF CALIFONRIA ) COUNTY OF ORANGE ) ss. CITY OF.COSTA MESA ) I, Assistant Secretary of the Board of Directors.of the Costa-Mesa Sanitary District of Orange County, California, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 14 , was duly passed, approved and adopted by said Board, approved and signed by the President of said Board, and attested by the Assistant Secretary of said Board, all at a regular meeting of said Board held on the 14th day of February 1980, and that the same was passed and adopted by the following roll call vote: AYES: Directors - Glockner, Hutchison, Crank, Wahner, Hanson NOES: Directors - None ABSENT: Directors None DATED this day of , 1980. Assistant Secretary of the Board of Directors of the Costa Mesa Sanitary District. I -6-