Ord 2013-97 (2) ORDINANCE NO. 97
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT ESTABLISHING
PLUMBING FIXTURE FEE CREDITS
WHEREAS, the District has long charged for fixture fees, those being set dollar
amounts charged per plumbing fixture in a proposed development; and
WHEREAS, the Board has defined fixture fees as capacity charges for public
facilities in existence at the time a charge is imposed or charges for new public facilities
to be acquired or constructed in the future that are of proportional benefit to the person
or property being charged, including capacity and other entitlements; and
WHEREAS, the District has determined fixture fees should only be applied to
new construction or alteration of existing structures that is made to increase the burden
on the capacity of the District's system or that adds other new burdens to the system;
and
WHEREAS, the Board does hereby desire to establish plumbing fixture fee credit
for existing structures and only apply fixture fees to the new construction or alteration of
existing structures that increases the burden on capacity to the District's system;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 6.04.085 is hereby added to the Costa Mesa Sanitary
District Operations Code as follows:
"6.04.085 Credits. In the case of existing structures connected to the District's
system facilities, where new construction or alteration is made to change or increase the
capacity, the fixture fees shall be calculated and paid to the District on the new use and
in the amounts as set forth in Section 6.04.070, less a credit amount for demolished
fixtures. Fee credit amounts shall be uniformly calculated and shall only be applied
when proof of the existing structure and the number of plumbing fixtures demolished is
provided to the District."
Section 2. Should any part, clause or section of this Ordinance be declared by
any Court to competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
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Ordinance No. 97
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would -
have been adopted and made a part of this Ordinance without the adoption of any
portion thereof and that the invalidity of any part or provision hereof shall not in any way
affect the validity or enforcement of the remaining provisions of this Ordinance that may
stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper
of general circulation printed and published in the District according to law.
/2.D
PASSED and ADOPTED this 23 day of , 2013
Secretary President
Ordinance No. 97
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance Nola was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 23`d day
of May, 2013 by the following votes:
AYES: President Ferryman, Directors Ooten, Perry, Schafer, Scheafer
NOES: None
ABSENT: None
ABSTAIN:None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 23rd day of May, 2013.
j.)
.
Clerk.
of the Costa'r Kess,a anitary District