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477 Amdmt to Sewer Ordinance33 the City by reason of such violation and, for other than non-payment of water bill violations, may have their water supply terminated ' after the above ten (10) day notice period has expired. That these penalties shall not be construced to be exclusive but shall be construed to be cumulative of,~. and in addition to, any other penalties provided for in the Revised and Compiled Ordinances of the City of Meridian or the Criminal Code of the State of Idaho; as an example, a person stealing water could be criminally charged with theft or a person injuring the water system could be criminally charged with malicious injury to property; for all criminal violations relating or pertaining to the water system the notice provisions provided for in this Chapter shall not apply. SECTION 58. - EFFECTIVE DATE: These Ordinances shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED THIS 21 day of aril.. '~ 1987, CITY OF MERIDIAN ' BY _ T ~ . KING 'FO MAYOR ATTEST: ORDINANCE N0. 477 AN ORDINANCE AT`'iENDING THE SE[aER ORDINANCES OF THE CITY 0~ ~?IER~;D~A,N T3~'' REPEALING SECTIONS 7-501, 7-503, 7-505, 7--506, 7~50:6,A„ 7507 7-50.8,. 7-509, 7-517, 7-521, 7-527, 7-5?_7A,.7-530, 7-533, 7-536, 7-537, 7-539., 7-543 IN THE SE~~TER ORDINANCES OF THE REvLSED AND CQ?~IPI;LED QRDIN~NCES OF THE CITY OF P'IERIDIAN AND RE~ENACTI,NG SAID SECTIONS, E$CEPT ~ECTIQNS 7-536 and 7-.537, TO MAKE T?Eja~ ADDITI(?NS ; AND PROVIDING AN EDDECTI~IE DATE , j~~HEREAS, the Mayor and City Council of~the City of Meridian, 34 State o~ Idaho, have, concluded that i 2_s ~n th.e. best hnte:xe.~t~ p~ said City to repeal Sections 7501, 7~-50.3, 7-505, 7~5Q6; 7-50.6~,~ 7-597, 7-508, 7-509, 7-517, 7-521, 7-52.7, .7~52.7A, 7~~530{ 7533; 7-5362 7-537, 7-.539, 7-543 of th.e '?~fer,dan Sesser Oxdinancea e.~fe:ct~~ye. as set forth hereinafter, and to re-enact- said se;ctons•,,~ e~cevt 7-536.and 7~-537, with changes or addition's thereto, i10~•J THERLFOP~E; BE IT ORDAINED BY' THE r~~YQP..A,~TD C~T~` COUNC~;L OF THE CITY' QF ?MERIDIAN, I~DA GQUNTY`, IDAHO SECTION 1, That Section 750.1 s DECL,t~RATZ'~Jr1 0~' pOLI;CY Z o~ the Sewer Ordinance, is hereby re~iealed, -- SECTI0~1 2, That Section 7-501, DECLA~TI;ON OF' ~?OLICY'~, of the Sewer Ordinances is hereby re.=enacted and which. shall -xea,d' a,s~ follows; 7-50.1; DE.CLt~R,A,TZ,ON 0~ - PpLICY ~ I,t i.s he.~eby~ de.claxe.d that the. City owns and operates both. a. ~?uni.ci:pal 4,~ate:r sy~ter_i a,nd a ;~`!Iunici.~al sewer system and that th.e sewer system has• be.eri eXpa,nde.d and a sewage treatment plant constructed, It is 'the policy o;£ th.e. Ciay to operate the sewex systeri and the water 'systeri ri conjunction, one with. the other, for the mutual bene.,~it o~ th.e res~.derits o.~ the City. Additionally, due to the integral nature of tfi.e requi.xemerit of water to operate the sewer system, violation o,~ th.e sewer prods.ons• may require termination of water service: and to ef~i:cl;e.ntly~ enforce these sewer provisions, such water termination is specifically authora„zed• and is the policy of the C,ty~, rSECT•IQN~ 3, That..Section 7503, SU~?ERI:NTENDENT, i_s hereby repealed. SECTION 4, That Section 7~-,503, SU~?E?~~NTENDENT, is hereby re-enacted and shall read as ,~ollow~L 7-503; SUPERINTENDENT; There is hereby created the.o~~i:ce o~ a, Superintendent of Sewers, who shall, unde.~; the. d~e.ct~;Qn o~ th.e. , 6ity~_~ngi.neex :-ancl the .Mavox~ and Council ;_: _~i.~;ye.,,cfi~~~e ~,~:~_~ucl::~a._Qxks ~ mains , laterals , trunk lines, ~tr.eatment plant ~ conne.ct~~;on 'off ser~~;ce pipes and conduits and all other matte-rs pertaining to th.e~Ci.ty~ sewex system. The Superintendent shall report to the. City Engneer-monthly~ or as often as required the condition o~ th.e sewer systemi and~~mak.e. such recommendations as the nature. o~ th.e s~e:xva'ce inay~ re.q~uire , SECTION 5 . That Section 7505, U`SE'RS LIABLE `FOR '~IIOL~A,TIQN, ~`~ hereby repealed, SECTION 6, That Section 7n505, USERS LIABLE. k'Q.R '~~QLATION, i~° hereby re-enacted and shall read as follo~rs., i 7505 c USERS LIABLE FOR ~IIQLATIQN; ''Jo user of th.e. City_ , sewer se~v~;ce shall permit or allow any person ~rori any oth.e•r prenii.s•es oxany un-~. authorized person to discharge sewage into said system and th.e.pe.~mi~t to connect with sewer system -shall be limited to tfi.e person and the.prems~es designated in th.e permit, Any violation of this Section by e.the:~ ths. permit holder or an unauthorized person shall be de.e•~ied a,-~isdemeanpx~ Any such violations shall be grounds fox th.e Superintendent to ~r;thhold sewer service, without notice o~ termination o~ se.ryiee., and the. Su~er~;n, tendent may rea_uire the taater Superintendent to terminate water service:, In appropriate circumstances the~Superntendent may require tfiat a separate service connection is put• in for each 'user. ~35 SECTION 7. That Section 7-506, MAINTENANCE OF LINES, is hereby repealed. SECTION. 8. That Se"coon 7-506, MAINTENANCE OF LINES, is hereby re-enacting and shall read as follows: 7-506: MAINTENANCE OF LINES :_ All•.users of_ the.Ysewer system °- -shall keep their pipe connections and other apparatus in good repair and protected from freezing at their own expense, but no person, except under the direction of the Superintendent, shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or to tap into any such lateral or trunk line in any manner. Any contractor ''t digging within the limits of the public right-of-way shall posses a valid pri'~lic works contractor's license for that specialty. i SECTION 9. That Section 7-506A, POINT OF LIABILITY FOR MAINTENANCE, is hereby repealed.. SECTION 10. That Section 7-506A, POINT OF LIABILITY FOR I~4AINTENANCE, is hereby re-enacted and shall read as follows: 7-506A: POINT OF LIABILITY FOR ?"IAINTENANCEc. A11 users shall have the responsibility.of, and be liable for, and shall pay for. all costs and expenses of maintaining their own sewer lines extending from their_property until such sewer lines pass the vertical plane of the user's property line or until they reach City main sewer lines,.whichever point is reached last. This liability of the user shall include the entire sewer service connection•apparatus and plumbing equipment and materials. Thus, the City's end point of liability for maintenance shall be at such point as the-City main sewer line connects to the user's sewer service connection, and not thereafter with the user having complete responsibility for the sewer service connection to the City main sewer Iines.~°~~~ This Section shall. not be construed to be in conflict with Section 7-506, which states that no person shall be allowed to dig into the street, alley, sidewalk or easement beneath which the, lateral and trunk line sewers run or tap into any such lateral or truck line in any manner without the Superintendent's direction and authorization, in that such person shall still have to contact the Superintendent to obtain his permission to perform work within the street, alley, sidewalk or easement for which the use'r` is Ziable. ~~ ~•~ • , SECTION 11. That Section 7-507, PENALTY FOR TURNITJG ON WATER, is hereby repealed. SECTION 12. That Section 7-507, PENALTY FOR TURNING ON WATER, is hereby re-enacted. and shall read as follows: 7-507: PENALTY FOR TURNING ON WATER: If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this-.Chapter or the rules and"regulations pertaining to the sewer service shall turn on or permit to be turned on or use or permit the water to be used, without.authority, he shall be .guilty of a misdemeanor and on conviction thereof fined not exceeding three. hundred dollars ($300.00) or jailed for a maximum of.thirty (30) days, or both, for each offense. SECTION 13. That_Section 7-508, CITY NOT LIABLE FOR DAMAGE OR SHORTAGE,. is hereby repealed, ~36 SECTION. 14. That Section 7-508, CITY NOT LIABLE FOR DAMAGE OR SHORTAGE, is hereby re-enacted and shall read as follows: 7-508: C?TY NAT LIABLF. FOR. DAMAGE OR SHORTAGE; The City shall not be held liable for damages to any sewer user or his property by reason of a stoppage or other interrup.t.ion of his water supply or': sewer disposal service caused by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer or water system or from other unavoidable causes beyond the control of the city. SECTION 15. That Section 7-509, DISCONNECTION FOR NONPAYMENT, is hereby repealed. SECTION 16. That Section 7-509, DISCONNECTION FOR NONPAYMENT, is hereby re-enacted and shall read as follows: 7-509: DISCONNECTION FOR NONPAYMENT: The provisions of this Chapter shall apply to all property within the corporate limits of Meridian, Idaho, including all property owned or occupied by the United Stated of l~merica, Ada County, and the State of Idaho,and in case of nonpayment or delinquency, the Superintendent of Sewers, is after the City has complied with the provisions of Section 7-540, hereby authorized and directed to, disconnect, and/or plug, the sewer connection with the sewer system of r~4eridian and direct the Water Superintendent to terminate the water supply to 'the property. SECTION 17. That Section 7-517, REQUIRED USE OF SE[~IERS is hereby repealed. . SECTION 18. That Section 7-517, REQUIRED USE OF SEWERS, is hereby re-enacted and shall read as follows: 7-517: REQUIRED., USE OF SE[~TERS: The owner or occupant of any house, building or property used f_or resicl.ential, commercial, industrial, governmental or recreational use, or other purposes, situated within the City which is abutting on or having a permanent right of access to.any street, alley or right of .way in which there is located a public sewer of said City is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this Chapter, within fifteen (15) days after date of official notice from the City to do so, provided, however, that said sewer is within three hundred feet (300') of any property line of the building to be served or common property line in a multiple building development. The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his subdivision; additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line the _;~ boundary in his development which is farthest away from the point at which initial connection is made to the present City sewer main. It shall be unlawful for. any person to place oz deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of said City, any human or .animal excrement, garbage or other objectable waste. It shall be unlawful to discharge to any natural outlet wi~thi.n the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. ~~ Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. SECTION 19. That Subsection (L) of Section 7-521, BUILDING SEWERS AND SERVICE CONNECTIONS, is hereby repealed. SECTION 20. That Subsection (L) of Section 7-521, BUILDING SEWERS AND SERVICE CONNECTIONS, is hereby re-enacted and shall read as follows: (L). The connection of the building sewer service to the public main sewer shall be made by a public works contractor having a valid license for this specialty work. SECTION 21. That Section 7-527, SEt~1ER LINE EXTENSIONS, is hereby repealed. SECTION 22. That Section 7-527, SEWER LINE EXTENSIONS, is hereby re-enacted and shall read as follows: 7-527: SEWER LINE EXTENSIONS: All proposed extensions of the Municipal sewerage system to serve undeveloped areas within the ' - existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the City's Municipal sewerage system. Costs for all extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsibility of that property owner or his agent. Cost for sewer extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development. ~tJhen it is necessary to install oversized lines as part of an extension, the costs of all oversized lines will normally be the responsibility of the owner or his agent. However, ' the City may in its discretion, if it has uncommitted funds in its sewer construction account, participate in a portion of the cost of any oversized sewer lines. Unless a -special permit is granted by the City, all Municipal ' sewerage system extensions into newly developing areas shall be in= stalled.prior•to.the construction of any new streets. All design and construction of any extensions to the Municipal 'sewerage system shall comply with the official specifications for sewerage system extensions as adopted by the City. The plans for all extensions to the sewerage system shall be prepared and signed by •a registered professional engineer as per the licensing requirements of the Idaho Code. Three (3) copies of the -said .plans shall be filed with the City. Two (2) copies of the plans shall be filed with the Idaho Department of Health and Welfare for their review and approval as required by the Idaho Code. hn approving'a plan °f or extension to the Municipal sewerage system, the City reserves the right to stipulate other requirements such as a~special'permit fee, rights of way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performanance bond and .other similar measures, as may be required bo protect the public. No work shall commence on any such extensions of . tlie-Municipal sewerage system until the extension project has been approved by-the City. After the•construction of any Municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer certify to the City and to the Idaho Department of Health and Welfare that the said system extensions were 38 installed iri accordance with the approved plans and specifications on file with the respective agencies, Following certification by the registered professional engineer and acceptance by the City, the entire extension of the Municipal sewerage system, including the City sewer service lines, shall become the property of the City and it shall be the City's responsibility to maintain and operate the system thereafter. If it is necessary for the City to permit a sewer service connection and/or sewer service 1-ina at any time after the extension has been originally accepted by the City, the owner or his agent, shall be re- quired to pay the-.sewer hookup fee as well as the standard permit and inspection fees as may be established by the City for such purposes. SECTION 23. That-Subsection (B) of Section 7-527A, PAYMENT OR CONTRIBUTING OF PROPORTIONATE COSTS AND EXPEr1SES OF CONST.RUCTITIG SEWER LIPIES; CO-OPERATIVE AGREEMENTS, is hereby repealed. SECTION 24. That subsection (B) of Section 7-527A, PAYMENT OR CONTRIBUTION OF PROPORTIO~dATE COSTS ATdD EXPEPISES OF CONSTRUCTING SEWER LINES; CO-OPERATIVE AGREEME~dTS, is hereby re-enacted and shall read as follows: (B) Should a sewer user at his own expense construct an extension to the sewer system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which sewer line extension has been determined by the city to be_=able to benefit properties other than the user, the sewer user constructing the extension may request that the City enter .into an agreement with the user such that all or a portion of the costs of extending the sewer line will be reimbursed to that sewer user from the connecton-charges collected under subsection (A) above from those property owners who will benefit from the sewer line extension and who otherwise Have not paid~or contributed their proportionate share to that-sewer line; the City shall not be required to enter into such'an agreement and whether or not to enter into such an agreement shall be at the sole discretion -of the city Council; provided however, no reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement; no reimbursement agreement shall pay to the sewer user paying for or constructing a sewer line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the sewer user's own property; a rembursement agreement may provide for interest to be paid to the sewer user; the City shall be entitled, shall charge and shall receive , a ten percent (10°0) administrative .fee for handling the accounting, auditing, and payment of the reimbursement payments made to the sewer user so extending tre sewer line and having reached a reimbursement agreement with the City; the reimbursement agreement shall be personal ; to the sewer user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld; that the agreement shall be binding. on the sewer user and his assigns,.successors, heirs ar_d executors and may be recorded as an encumbrance against the rirogerty of the sewer user; That the sewer user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the sewer line has been accepted for maintenance by the City; said lines, after acceptance, shall become part of the City sewerage system and be the sole property of the city. (Ord. 451-, 8-19-85) Where the City constructs a sewer line extension, either on its' own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its cost of construction,.Pngineerin~, leg.,al costs and interest. SECTION 25. That .Section 7-530, SE[•)ER CHARGE,APPRAhSAh\~ is hereby repealed. ~'3 9 SECTION 26. That Section 7-530, SEWER CHARGE APPRAISAL, is hereby re-enacted and shall read as follows:. 7-530.: SEWER CHARGE APPRAISAL: If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request that the parcel being subject to ' sewer connection charge, periodic user charge, or other fees as provided for in Section 7-532 herein be appraised and assessed by the Sewer. Board of Appraisers for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charges or assessed to and against such property. In making such appraisement and assessment, there. shall be taken into consideration the area of land being served and~the'amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components. of the wastes that the user is contributing to the system so as to establish, as nearly as possible; the rate, charge or fee for each property and use on the same relative basis as is imposed upon other like property and uses within the City that has or will receive the sewer .service. This procedure may also be used 'to determine the ' initial charges as set forth herein or to change •or modify the initial charges. SECTION 27. That the first paragraph of Section 7-533, SE[~IER USER CHARGES AND CONNECTION FEES, is hereby. repealed. SECTION 28. That the first paragraph of Section 7-533, SEWER USER CHARGES AND CONNECTION FEES, is hereby re-enacted and shall read as follows: 7-533: SEWER USER CHARGES AND CONNECTION FEES: The monthly sewer user•rates•for sanitary sewer-service in the City are ., based on gal•1•ons~ "af water used as determined by the teeter ~"-' - - readiiig : _ ~ - Residential °home~owner'•s -s~ant~ary sewer user. charges will be based on the actual water recorded for monthly water meter readings during the period of the year from October 15 .to the foll-owing March 15. For the following seven (.7) month period, the average Xmonthlu reading for the period of October 15, to the following March 15, shall be the basis for the monthly sewer user charge: Provided however, for averaging purposes; the Mayor and City Council may, •by aduly enacted •Resolution,` change the above date of October 1-5, to'.November 15, for any particular year if it finds the Fall to have been particularly warm requiring lawn sprinkling to have been necessary past October 15. Also.,, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence .construction or sales of existing re°s•idenre~s-, b'e'tween 'Oc'tober'. '15 and March I5 , the sewer user charge shall"'.be based on the average residential water use in the City which is six thousand five hundred (6,50:0) gallons per month unless the owner user can show, by current water meter readings, that his use ~i.s Mess- than six thousand five' hundred (6 , 500) gallons , All other us~er~s such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually,•.Th~e user charge system is based on the following: SECTION 29•<- That subsection (C) of Section 7-533, SET+IER USER CHARGES-ATID°GONNECTION FEES, is hereby repealed. SECTION 3Q. That subsection (C) of Section 7-533., SE~,JER USER ' CHARGES AND CONNECTION FEES, is hereby re-enacted and shall read as follows: (C) The sewer connection fees and charges are based on the ~40 following shedule; all other users will require special appraisal and will be comp?zted.on an individual 'basis. CLASSIFICATION N0. OF EQUIVALENT CONNECTIONS Apartment (.see mutiple Living Unit) Bank ................................................ .?_.00 Bar ...................................... .......... .2.00 Barber Shop, per chair .............................. .0.50 (minimum 1.00.) Beauty Salon, per operator station .................. .0.50 (minimum 1.00) Bowling Alley, per lane ............................. .0.20 (minir_1um .1.00) Cafe,~per customer seating capacity..........~....... .0.10 (minimum to be 2..00 equivalent connections) Car Dealer .......................................... .2.00 Car Wash (to be computed on an individual basis). .XXXX Church ...... ....................................... .2.00 Club, private ....................................... .2.00 Condominium (.See ~!-.utinle Living ilnit) Dentist, per practitioner ........................... .1.00 Department Store (per 3,000 sq. ft.) ................ .1.00 Doctor, per practitioner ..................,......... .1.00 Drug Store ....................................... .. .2.00 Dry Cleaners. ............ ..................... .2.00 Duplex (see Mutiple Living Unit) Fourplex (see Mutiple Living ITnit) Garage (minimum) ..............: .................... .?_.00 Grocery Store (s.ee Retail Food Store) Hospital, per bed . ............... ................. .0.15 Industry (see Major or Minor Contributing Industry) Laundries: Self-Service up to and including ten washing machines .. ............... ....... ..4:00 .Each .washing machine in excess of ten.......... .0.25 Comrmercial (to be computed. in an individual basis) .................. .XXXX Lodge or Private Club ............................... .2.00 Major Contributing Industry (as per separate agreement) .... ........ .XXXX Minor Contributing Industry. (as per separate agreement) ............. .XXXX Mobile Home Court or Park First'Space ............................ ....... .1.00 :.Each additional-space, long term tenant type. 1.00 .. ,Each additional space, sho-rt term tenant type. .1.00 'Mobile Home or Trailer House on own premises. .1.00 Motel, Hotel, Rooming House, etc. Without cooking facilities First unit ............. ............... .1.00 Each. additional unit ....... .............. .0.25 Motel, Hotel, Rooming House, etc. [~Iith cooking facilities First unit ................................ .1.00 Each additional unit ...................... .0.50 Mutiple Living Unit Studio or one bedroom ............... ...,.... .1.00 Two bedrooms....................._ ............. .1.00 Three or more bedrooms............ ... ...... .1.00 Office Building for each 2,500 square feet of gross floor space or fraction thereof......,... .1.00 Photo Development Lab..........' ..................... .2.00 Restaurant, per customer seating capacity.,.... ...... .0.10 (minimum to be 2.00 equivalent connections) Retail Food Store for each 1-,500 square feet of gross floor space or fraction thereof.......... .1.00 Retail Store for each 3,000 square feet of gross floor space or fraction thereof......,.,. .1.00 Service Station Gas and restroom service only ...................2.00 41 Full Service.....' ...................................4.00 C~Tith Car ti~ash (to be computed on an individual basis) ...... .............XXXX Schools per each-50 students in average daily attendance or fraction thereof ......................1.00 Single Family Residence ...........................:......1.00 Swimming Pool ~ ~ - Public (to be computed on an - individual basis) .... ......................XXXX Private, for each 500 square feet of pool - - - water surface area or fraction thereof......0.25 Tavern ........................ ..........................2.00 Theatre ................ .................................2.00 Townhouse .......:........................................1:00 Trailer Court or Park - First Unit ...........................:..............1.00 Each additional space, long term - tenant type..... ............. ... :................ ..0.75 - - Each add.itional'-spa.ce, short term ~ - tenant type .........................................0.50 Triplex (see Niutiple Living Unit) -Railroad Depot.......... ......_ ........................2.00 Variety Store for each 3,000 square feet of gross floor space or fraction thereof .....................1.00 • SECTION 31. That Section 7-536, INDUSTRIAL USER CHARGES, is hereby repealed. SECTION 32. That Section 7-537, INDUSTRIAL USER REQ.OVERY, is hereby repealed. SECTION 33. That Section 7-539, MONTHLY USER CHARGES; [THEN DUE AND~PAYABLE, is hereby repealed. SECTION 34. That Section 7--539, MONTHLY USER CHARGES:; WHF,N DUE AND PAYABLE, is hereby re-enacted and shall read as follows: 7-539: MONTHLY USER CHARGES; tiJHEN DUE AND PAYABLE: All monthly sewer charges shall be due and pay-able from the owner to the City Clerk between the first and tenth day of each month for billing from the previous cycle. For new cons.tru~ction, the monthly user charge shall be computed from the date the service connection has been inspected and approved or-.when ,the building being served is substantitally completed, whichever••s the latest date. For new residential constructon~~ completed during the seven (7) lawn sprinkling months the monthly sewer user charges shall be based on the use of 6,500 gallons per month. Upon failure to pay the same, as prescribed, each user shall pay in addition to the amount due, a fine .of one dollar ($.1.00) or ten percent (10%) of charges due, whichever is greater. SECTION 35. That Section 7-543, PENALTIES, is hereby ` repealed. SECTION 36. That Section 7-543, PENALTIES, is hereby re-enacted and shall read as follows: 7-543: PENALTIES: Any person found to be violating any •provisions of this Ordinance, other than for nonpayment of a sewer bill, shall be served by the City with a written notice stating the nature of the violation and providing ten (10) days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently, cease all violations and if necessary make all corrections and repairs to the system or pay for same if the City has to make the correction ox repair. ~42 Any person w limit provided fo of a misdemeanor, fine not exceedin not exceeding.thi for each violatio shall be deemed a o shall continue any violation beyond the time herenabove i.n this Section, shall be guilty and on conviction thereo_f_ shall be subject to a three hundred dollars ($300..00) or imprisonment ty.(30).days or both such.fine and imprisonment Each day in which such violation shall continue separate offense. Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City be reason of such violation and, for.other.than.non-payment of sewer bi11•violations, may have their -sewer.and water supply terminated.after.the above.ten.(10) day notice period.has expired. That ~these.penalties.shall•not be construced.to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for•in the Revised and Compiled Ordinances of the City of Meridian or the Criminal Code of the State of Idaho; as an example,.a.person.injuring the sewer.system.could be criminally charged with malicious injury to property; for all violations initially charged~a.criminal violation the.notice.provisions provided for in this Chapter shall not apply. SECTION 37. (EFFECTIVE DATE: These Ordinances shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 21 day of APRIL ,1987. CITY OF MERIDIAN By ~ ~ GRA T P: KIN S OR MAYOR ATTEST . 1 I ~c ~--~ JA K_ P~ '•~ CI Y' CLE ORDINANCE N0. 478 AN ORDINANCE REPEALING SECTION 1-501, PRECINCTS, OF TITLE 1, CHAPTER 5, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION TO DELINEATE AND DEFINE NEW ELECTION PRECINCTS AT1D:~.THE~B0UNDARES THEREOF.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 50-407, Idaho Code, requires that c~.ty election precincts shall conform as nearly as possible and .practicable to county election precincts within the City; and WHEREAS, the.NMayor and.City Council of the City of Meridian, Ada County:.-,,,State of Idaho, have concluded, that it is in the best interests 1 of said city to repeal Section 1-501 and to re-enact said section to AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888-4461 SUMMARY OF ORDINANCE NO. 22 On April 21, 1987, at its regular meeting on the third Monday of the month the Meridian City Council passed and approved Ordinance No.,j 77_ which Ordinance amends Title 7, Chapter 5, of the Revised and Compiled Ordinances of the City of Meridian, SEWER USE; the Title of Ordinance *= reads as follows: AN ORDINANCE AMENDING THE SEWER ORDINANCES OF THE CITY OF MERIDIAN BY REPEALING SECTIONS 7-501, 7-503, 7-505, 7-506, 7-506A, 7-507, 7-508, 7-509, 7-517, 7-521, 7-527, 7-527A, 7-530, 7-533, 7-536, 7-537, 7-539, 7-543 IN THE SEWER ORDINANCES OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTIONS, EXCEPT SECTIONS 7-536 AND 7-537, TO MAKE NEW ADDITIONS; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of Ordinance, No.�j are: 1) It places the Sewer Superintendent under the direction of the City Engineer. 2) It provides for misdemeanor sanctions and penalties for unauthorized discharge into the sewer system and provides that for such unauthorized discharge the City may terminate water and/or sewer service without notice. 3) It requires that any contractor doing sewer construction within the limits of a public right-of-way shall hold a valid public works contractor's license for that type AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 88"461 of work. 4) It provides for determination, between the City and the user, of who has responsibility for maintenance and repairs. 5) It provides a penalty for turning the water on after it has been turned off by the City for a violation of the Sewer Use Ordinance. 6) It states the City is not liable for a shortage of water. 7) It provides that the City may, after following the required procedures, disconnect the sewer for non-payment or other violation of the Sewer Use Ordinance. 8) It states that connection to the sewer is required when the property is within 300 feet of a sewer line; provides that it is the owner or developers responsibility to pay for extension of sewer lines to and through his property and that if a sewer line needs to be oversized the excess cost is normally the owners or developers responsiblity but the City may if it has uncommited funds participate in the cost of the oversized lines. 9) It requires that the connection to the sewer must be made by a public work contractor. 10) It allows the City to participate with an owner or developer to extend sewer lines and be a beneficiary of a late comers fee and provides that interest may be charged in a late comers agreement. 11) That it provides a change in two equivalent connection AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888.4461 ratings, one for department stores at 1 per 3,000 sq. ft., and one for garages at 2. 12) It repeals those portions of the Sewer Use Ordinance relating to industrial cost recovery. 13) It provides that for new residential construction coming on line during the 8 summer sprinkling months the sewer use shall be based on 6,500 gallons of water use. 14) It provides penalties for violating the provisions of the Sewer Use Ordinance which are misdemeanor penalties of 30 days in jail or $300.00 fine or both, termination of this sewer and water use, and in some cases without notice, but in most cases after notice. 15) It provides that it shall be effective upon publication. The public is additionally informed that the full text of Ordinance No.�42� is available for inspection or copying at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho. This Summary was approved by the Meridian City Council on April 21, 1987 at its second regular meeting in April. DATED this V,0 day of April, 1987. LN 1 Jack`�iemann City Clerk ATTORNEYS CERTIFICATE The attached Summary of Ordinance No. 1-" _ is true and complete and provides e adequate notice to the public of said Ordinance No. which is an Ordinance amending the Sewer Use Ordinance, Revised and Compiled Ordinances of the City of Merdian, Title 7, Chapter 5. DATED this 21st day of April, 1987. Wayn G. Crookston, Jr. City Attorney City of Meridian AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlan, Idaho 83642 Telephone 88"487 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors F.O. Box 427 Merldlan, Idaho 83642 Telephone 88"481 ORDINANCE NO..�l AN ORDINANCE AMENDING THE SEWER ORDINANCES OF THE CITY OF MERIDIAN BY REPEALING SECTIONS 7-501, 7-503, 7-505, 7-506, 7-506A, 7-507, 7-508, 7-509, 7-517, 7-521,7-527, 7-527A, 7-530, 7-533, 7-536, 7-537, 7-539, 7-543 IN THE SEWER ORDINANCES OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTIONS, EXCEPT SECTIONS 7-536 and 7-537, TO MAKE NEW ADDITIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to repeal Sections 7-501, 7-503, 7-505, 7-506, 7-506A, 7-597, 7-508, 7-509, 7-517, 7-521, 7-527, 7-527A, 7-530, 7-533, 7-536, 7-537, 7-539, 7-543 of the Meridian Sewer Ordinances effective as set forth hereinafter, and to re-enact said sections, except 7-536 and 7-537, with changes or additions thereto. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Section 7-501, DECLARATION OF POLICY, of the Sewer Ordinance, is hereby repealed. SECTION 2. That. Section 7-501, DECLARATION OF POLICY, of the Sewer Ordinances is hereby re-enacted and which shall read as follows: 7-501: DECLARATION OF POLICY: It is hereby declared that the City owns and operates both a Municipal water system and a AMBROSE, FITZGERALD 3 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldian, Idaho 83642 Telephone e88.4481 Municipal sewer system and that the sewer system has been expanded and a sewage treatment plant constructed. It is the Policy of the City to operate the sewer system and the water system in conjunction, one with the other, for the mutual benefit of the residents of the City. Additionally, nature of the requirement of water to operate utheosewerthelntesystera m, violation of the sewer provisions may require termination of water service and to efficiently enforce these sewer provisions, such water termination is specifically authorized and is Policy of the City. the SECTION 3. That Section 7-503, SUPERINTENDENT, is hereby repealed. SECTION 4. That Section 7-503, SUPERINTENDENT, is hereby re-enacted and shall read as follows: 7-503: SUPERINTENDENT: There is hereby created -the office of a Superintendent of Sewers, who shall, under the direction of the City Engineer and the Mayor and Council, have charge of such works, mains, laterals, trunk lines, treatment plant, connection of service pipes and conduits and all other matters pertaining to the City sewer system. The Superintendent shall report to the City Engineer monthly or as often as required the condition of the sewer system and make such recommendations as the nature of the service may require. SECTION 5. That Section 7-505 USERS VIOLALTION, is hereby repealed. SECTION 6. That Section 7-505 USERS LIABLE FOR LIABLE VIOLATION, is hereby re-enacted and shall read as follows: FOR 7-505: USERS LIABLE FOR VIOLATION: No user of the City sewer service shall permit or allow any person from any other premises or any unauthorized person to discharge sewage into said system and the permit to connect with sewer system shall be limited to the person and the premises designated in the violation of this Section by either the permit. Any unauthorized person shall be deemed a misdemeanor. Anyolder orsucan h violations shall be grounds for the Superintendent to withhold sewer service, without notice of termination of service, and the Superintendent may require the Water Superintendent to terminate water service. In appropriate circumstances the Superintendent may require that a separate service connection is put in for each user. SECTION 7. That Section 7-506, MAINTENANCE OF LINES, is hereby repealed. SECTION 8. That Section 7-506, MAINTENANCE OF LINES, is hereby re-enacted and shall read as follows: 7-506: MAINTENANCE OF LINES: All users of the sewer sytem shall keep their pipe connections and other apparatus repair and protected from freezing at their own expense,lbutood no person, except under the direction of the Superintendent, shall be allowed to dig into the street, alley, beneath which the lateral and trunk line ssewers krunroratomtap into any such lateral or trunk line in any manner. Any contractor digging within the limits of the public right-of-way shall posses a valid pulic works contractor's license for that specialty. SECTION 9. That Section 7-506A, POINT OF LIABILITY FOR MAINTENANCE, is hereby repealed. SECTION 10. That Section 7-506A, POINT OF LIABILITY FOR MAINTENANCE, is hereby re-enacted and shall read as follows: 7-506A: POINT OF LIABILITY FOR MAINTENANCE: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own sewer lines extending from their property until such sewer lines pass the vertical plane of the user's property line or until they reach City main sewer lines, whichever point is reached last. This liability of the user shall include the entire sewer service connection apparatus and plumbing equipment and materials. Thus, the City s end point of liability for maintenance shall be at such point as the City main sewer line connects to the user's sewer service connection, and not thereafter with the user having complete responsibility for the sewer service connection to the City main sewer lines. This Section shall not be construed to be in conflict with Section 7-506, which states that no person shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or tap into any such lateral or trunk line in any manner without the Superintendent's direction and authorization, in that such AMBROSE, to contact the Superintendent to obtain hiseperrmission to have FITZERALsh &CROOKSTON work within the street, alley, sidewalk or easement for whpchform the Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone88844461 AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Marldlan, Idaho 83642 Telephone 888-4461 user is liable. SECTION 11. That Section 7-507, PENALTY FOR TURNING ON WATER, is hereby repealed. SECTION 12. That Section 7-507, PENALTY FOR TURNING ON WATER, is hereby re-enacted and shall read as follows: 7-507: PENALTY FOR TURNING ON WATER: If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this Chapter or the rules and regulations pertaining to the sewer service, shall turn on or permit to be turned on or use or permit the water to be used, without authority, he shall be guilty of a misdemeanor and on conviction thereof fined not exceeding three hundred dollars ($300.00) or jailed for a maximum of thirty (30) days, or both, for each offense. SECTION 13. That Section 7-508, CITY NOT LIABLE FOR DAMAGE OR SHORTAGE, is hereby repealed. SECTION 14. That Section 7-508, CITY NOT LIABLE FOR DAMAGE OR SHORTAGE, is hereby re-enacted and shall read as follows: 7-508: CITY NOT LIABLE FOR DAMAGE OR SHORTAGE: The City shall not be held liable for damages to any sewer user or his property by reason of a stoppage or other interruption of his water supply or sewer disposal service caused by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer or water system or from other unavoidable causes beyond the control of the City. SECTION 15. That. Section 7-509, DISCONNECTION FOR NONPAYMENT, is hereby repealed. SECTION 16. That Section 7-509, DISCONNECTION FOR NONPAYMENT, is hereby re-enacted and shall read as follows: 7-509: DISCONNECTION FOR NONPAYMENT: The provisions of this Chapter shall apply to all property within the corporate limits of Meridian, Idaho, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho, and in case of nonpayment or delinquency, the Superintendent of Sewers, is, after the City has complied with the provisions of Section 7-540, hereby authorized and directed to, disconnect, and/or plug, the sewer connection with the sewer system of Meridian and direct the Water Superintendent to terminate the water supply to the property. SECTION 17. is hereby repealed. SECTION 18. That Section 7-517, REQUIRED USE OF SEWERS, That Section 7-517, REQUIRED USE OF SEWERS, is hereby re-enacted and shall read as follows: 7-517: REQUIRED USE OF SEWERS: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other Se situated within the City which is abutting on or having permanent right of access to any street, alley or right of way in which there is located a public sewer of said City is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this Chapter, within fifteen (15) days after date Of official notice from the City to do so, provided, however, that said sewer is within three hundred feet (3001) of any property line of the building to be served or common property line in a multiple building development. The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his suddivision; additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary in his development which is farthest away from the point at which initial connection is made to the present City sewer main. It shall be unlawful for any person to place or deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable FTZGERALD provisions ofhasen in accordance with subsequent 3CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 63642 Telephone 66e-4461 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. SECTION 19. That Subsection (L) of Section 7-521, BUILDING SEWERS AND SERVICE CONNECTIONS, is hereby repealed. SECTION 20. That Subsection (L) of Section 7-521, BUILDING SEWERS AND SERVICE CONNECTIONS, is hereby re-enacted and shall read as follows: (L) The connection of the building sewer service to the public main sewer shall be made by a public works contractor having a valid license for this specialty work. SECTION 21. That Section 7-527, SEWER LINE EXTENSIONS, is hereby repealed. SECTION 22. That Section 7-527, SEWER LINE EXTENSION, is hereby re-enacted and shall read as follows: 7-527: SEWER LINE EXTENSIONS: All proposed extensions of the Municipal sewerage system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the City's Municipal sewerage system. Costs for all extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsiblity of that property owner or his agent. Cost for sewer extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development. When it is necessary to install oversized lines as part of an extension, the cost of all oversized lines will normally be the responsiblity of the owner or his agent. However, the City may in its discretion funds in its sewer construction account,' if it has uncommitted of the cost of any oversized sewer lines participate in a portion Unless a special permit is granted b the AMBROSE, Municipal sewerage system extensions into newlyydevelo City, all FITZGERALD shall be installed prior to the construction of any new streetsas 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone See-4461 All design and construction of any extensions to the Municipal sewerage system shall comply with the official specifications for sewerage system extensions as adopted by the City. The plans for all extensions to the sewerage system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code. Three (3) copies of the said plans shall be filed with the City. Two (2) copies of the plans shall be filedd with the Idaho Department of Health and Welfare for their review and approval as required by the Idaho Code. In approving a plan for extension to the Municipal sewerage system, the City reserves the right to stipulate other requirements such as a special permit fee, rights of way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension of the Municipal sewerage system until the extension project has been approved by the City. After the construction of any Municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer certify to the City and to the Idaho Department of Health and Welfare that the said system extensions were installed in accordance with the approved plans and specifications on file with the respective agencies. Following certification by the registered professional engineer and acceptance by the City, the entire extension of the Municipal sewerage system, including the City sewer service lines, shall become the property of the City and it shall be the City's responsibility to maintain and operate the system thereafter. If it is necessary for the City to permit a sewer service connection and/or sewer service line at any time after the extension has been originally accepted by the City, the owner or his agent, shall be required to pay the sewer hookup fee as well as the standard permit and inspection fees as may be established by the City for such purposes. SECTION 23. That PAYMENT OR CONTRIBUTING CONSTRUCTING SEWER repealed. AMBROSE, FITZGERALD SECTION 24. & CROOKSTON 11 Attorneys and Counselors P.O. Box 427 Meridlan, Idaho 83642 Telephone 88&4481 Subsection (B) of Section 7-527A, OF PROPORTIONATE COSTS AND EXPENSES OF LINES; CO-OPERATIVE That Subsection (B) AGREEMENTS, of Section is hereby 7-527A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING SEWER LINES; CO-OPERATIVE AGREEMENTS, is hereby re-enacted and shall read as follows: (B) Should a sewer user at his own expense construct an extension to the sewer system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which sewer line extension has been determined by the City to be able to benefit Properties other than the user, the sewer user constructing the extension may request that the City enter into an agreement with the user such that all or a portion of the costs of extending the sewer line will be reimbursed to that sewer user from the connection charges collected under subsection (A) above from those property owners who will benefit from the sewer line extension and who otherwise have not paid or contributed their proportionate share to that sewer line; the City shall not be required to enter into such an agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, no reimbursment agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement; no reimbursement agreement shall pay to the sewer user paying for or constructing a sewer line extension more than one hundred percent (100%) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the sewer user's own property; a reimbursement agreement may provide for interest to be paid to the sewer user; the City shall be entitled, shall charge and shall receive a ten percent (10%) administrative fee for handling the accounting, auditing, payment of the reimbursement payments made to the sewer userand so extending the sewer line and having reached a reimbursement agreement with the City; the reimbursement agreement shall be personal to the sewer user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld; that the agreement shall be binding on the sewer user and his assigns, successors, heirs and executors and may be recorded as an encumbrance against the property of the sewer user; that the sewer user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the sewer line has been accepted for maintenance by the City; said lines, after acceptance, shall become part of the City sewerage system and be the sole property of the City. (Ord. 451, 8-19-85) AMBROSE, Where the City constructs a sewer line extension FITZGERALD its own or in conjunction with another person or entityy, either on &CROOKSTON may enter into a reimbursement agreement as authorized above such Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone888.4461 that the City is reimbursed for its costs of construction, engineering, legal costs and interest. SECTION 25. That Section 7-530, SEWER CHARGE APPRAISAL, is hereby repealed. SECTION 26. That Section 7-530, SEWER CHARGE APPRAISAL, is hereby re-enacted and shall read as follows: 7-530: SEWER CHARGE APPRAISAL: If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request that the parcel being subject to sewer connection charge, periodic user charge, or other fees as provided for in Section 7-532 herein be appraised and assessed by the Sewer Board of Appraisers for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to establish, as nearly as possible, the rate, charge or fee for each property and use on the same relative basis as is imposed upon other like property and uses within the City that has or will receive the sewer service. This procedure may also be used to determine the initial charges as set forth herein or to change or modify the initial charges. SECTION 27. That the first paragraph of Section 7-533, SEWER USER CHARGES AND CONNECTION FEES, is hereby repealed. SECTION 28. That the first paragraph of Section 7-533, SEWER USER CHARGES AND CONNECTION FEES, is hereby re-enacted and shall read as follows: 7-533: SEWER USER CHARGES AND CONNECITON FEES: The monthly sewer user rates for sanitary sewer service in the City are based on gallons of water used as determined by the water meter readings. Residential homeowner's sanitary sewer user charges will be based on the actual water recorded for monthly water AMBROSE, meter readings during the period of the year FITZGERALD the following March 15. For the following seven r(7) Omonthrper pe15 rlto &CROOKSTON the average monthly reading for the period of October 15,tothe Attorneys and Counselors P.O. Box 427 Meridian, Idaho a9642 Telephone 8ae.Wl following March 15, shall be the basis for the monthly sewer user charge. Provided however, for averaging purposes, the Mayor and City Council may, by a duly enacted Resolution, change the above date of October 15, to November 15, for any particular year if it finds the Fall to have been particularly warm requiring lawn sprinkling to have been necessary past October 15. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between October 15 and March 15, the sewer user charge shall be based on the average residential water use in the City which is six thousand five hundred (6,500) gallons per month unless the owner user can show, by current water meter readings, that his use is less than six thousand five hundred (6,500) gallons. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: SECTION 29. That Subsection (C) of Section 7-533, SEWER USER CHARGES AND CONNECTION FEES, is hereby repealed. SECTION 30. That Subsection (C) of Section 7-533, SEWER USER CHARGES AND CONNECTION FEES, is hereby re-enacted and shall read as follows: (C) The sewer connection fees and charges are based on the following schedule; all other users will require special appraisal and will be computed on an individual basis. CLASSIFICATION NO. OF EQUIVALENT CONNECTIONS Apartment (see Multiple Living Unit) Bank.. Bar.. ... 2.00 Barber Shop, per chair.... " " " " 2*00 (minimum 1 ........................0.50 .00) Beauty Salon, per operator station. (minimum 1.00) ......... ••••••0.50 Bowling Alley, per lane...• (minimum 1.00) " " " " ••••0.20 Cafe, per customer seating capacity ............. (minimum to be 2.00 equivalent connections)•'0.10 Car Dealer.. ... Car Wash (to be computed .••.•.•' ••••••2.00 AMBROSE, Church, puted on " " " " an individual basis) • .XXXX FITZGERALD ' • • • • • • ' • • • • • • . . . . . . . • . &CROOKSTON Club, Private """'••••••••••..2.00 ...........•.•.•.•..2.00 Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.446, AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Te1ephone888-4461 Condominium (see Multiple Living Unit) Dentist, per practitioner....... Department Store (per 3,000 sq. ft.)••.•." " " '••1.00 Doctor, per practitioner.. " " " " •••••1.00 Drug Store.... •• ........................1.00 Dry Cleaners.. ••••" " " " " " ......2.00 Duplex (see Multiple Living •Unit) •'••••" " "••2.00 Fourplex (see Multiple Living Unit) Garage (minimum)...... Grocery Store (see Retail �Food Store) •••. Hospital, per bed... "' • .0.15 Industry (see Major or MinorContributing���•�- Laundries: Industry) Self-service up to and including ten washing machines....... •............4.00 Each washing machine in excess of ten ........ 0.25 Commercial (to be computed in an individual basis).... ..XXXX Lodge or Private Club.. ." .•••••... " " " Major Contributing Industry(as•per��••••••• " " •2.00 separate agreement) ....••.....•.. Minor Contributing Industry (as per " '••••XXXX separate agreement) ..................... XXXX Mobile Home Court or Park First space.... Each additional space, long term tenant•type.1.00 Each additional space, short term tenant typel.00 Mobile Home or Trailer House on own premises...... Motel, Hotel, Rooming House, etc. 1.00 Without cooking facilities First Unit.. . Each additional• unit...•••••" 1.00 Motel, Hotel, Rooming House, etc. " " " •••0.25 With cooking facilities First Unit....••..•. Each additional unit.. " " " ••••1.00 Multiple Living Unit " " " " '••••••0.50 Studio or one bedroom .... ......... Two bedrooms. '•••••••••1.00 Three or more bedrooms.... 1.00 Office Building for each 2,500 square •feet •of•'1.00 gross floor space or fraction thereof....• Photo Development Lab... •►•2.00 ' Restaurant, per customerseating. capacit ..... '.10 (minimum to be 2.00 equivalent connections) Retail Retail Food Store for each 1,500 square feet of gross floor space or fraction thereof ...... Retail Store for each 3,000 square feet of ..1.00 gross floor space or fraction thereof ........ 1.00 Service Station Gas and restroom service only ................ 2.00 Full service.. ... .. .. •...4.00 With Car Wash (to be computed on�an��••��• individual basis) ....................... XXXX Schools per each 50 students in average daily attendance or fraction thereof .....•." " " •• 1.00Sin le Family Residence.............' "'•'.1.00Swimming Pool Public (to be computed on an individual basis).......................XXXX Private, for each 500 square feet of pool water surface area or fraction thereof..0.25 Tavern ................ .2.00 ........ .... Theatre ..................... ...........2.00 Townhouse..... " " " " " " Trailer Court or• Park������•���������•� " " •••1.00 First Unit.. .••.....••......1.00 Each additional space,longterm tenant type.. ...0.75 Each additional space, �short •term �� tenant type .......• ...0.50 Triplex (see Multiple Living Unit)•��••���•���• Railroad Depot.. ......................... .....2.00 Variety Store for each 3,000 square feet of •gross floor space or fraction thereof..............1.00 SECTION 31. That Section 7-536, INDUSTRIAL USER CHARGES, is hereby repealed. SECTION 32. That Section 7-537, INDUSTRIAL COST RECOVERY, is hereby repealed. SECTION 33. That Section 7-539, MONTHLY USER CHARGES; WHEN DUE AND PAYABLE, is hereby repealed. SECTION 34. That Section 7-539, MONTHLY USER CHARGES; WHEN DUE AND PAYABLE, is hereby re-enacted and shall read as follows: 7-539: tCitysClerk MONTHLY USER charges lfirst CHARGES; WHEN DUE AND PAYABLE: All AMBROSE, AMBROSE, the billing billsPrevious between theewer due andand tenpayable from the owner to day &CROOKSTON from monthly the cycle. of each month for For new construction, user charge shall be computed the from the date the service Attorneys and Counselors P.O. Box 427 Merldian, Idaho 83842 Telephone888.4481 AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Te1e1)hone888.4461 connection has been inspected and approved or when the building being served is substantitally completed, whichever is the latest date. For new residential construction completed during the seven (7) lawn sprinkling months the monthly sewer user charges shall be based on the use of 6,500 gallons per month. Upon failure to pay the same, as prescribed, each user shall pay in addition to the amount due, a fine of one dollar ($1.00) or ten percent (10%) of charges due, whichever is greater. SECTION 35. That Section 7-543, PENALTIES, is hereby repealed. SECTION 36. That Section 7-543, PENALTIES, is hereby re-enacted and shall read as follows: 7-543: PENALTIES: Any person found to be violating any provisions of this Ordinance, other than for nonpayment of a sewer bill, shall be served by the City with a written notice stating the nature of the violation and providing ten (10) days, for the satisfactory correction thereof. The within the period of time stated in such notice, per shall, ermanetly cease all violations and if necessary make all correctionsandrepairs to the system or pay for same if the City has to make the correction or repair. Any person who shall continue any violation beyond the time limit provided for hereinabove in this Section, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine not exceeding three hundred dollars imprisonment not exceeding thirty (30) days or both (sucOh•fine and imprisonment for each violation. Each day in which such violation shall continue shall be deemed a separate offense. ny ing any shall Abecomerliableototthe Cityoforthe any roeXsenns of this Chapter occasioned the City by reason of such violationlossand, fordother than non-payment of sewer bill violations, may have their sewer and water supply terminated after the above ten (10) day notice period has expired. That these penalties shall not be construced to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for in the Revised and Compiled Ordinances of the City of Meridian or the Criminal Code of the State of Idaho; as an example, a person injuring the sewer system could be criminally charged with malicious injury to ro for all violations initially charged a a criminal violationerthe notice provisions provided for in this Chapter shall not apply. lu.. SECTION 37. EFFECTIVE DATE: se full force and effect from and afterhits Ordinances shall be in Passage, approval and publication according to law. PASSED AND APPROVED this 1987. day of 444---- ATTEST J K .._1V: C TY C] AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 88& 446, CITY nF MP.DTn-1--