13.15.060 Wastewater fees – Installment payments for capacity fees and lift pumps.
A. At the time an application for connection to the city wastewater system is filed with the city engineer and before any permit for connection is granted or any connection is made to the city wastewater system, the property owner shall pay a capacity fee.
B. The capacity fee and other fees as set forth in the current capacity fee schedule in SCC 13.15.100 shall be established by the council, upon recommendation of the city manager. The capacity fee shall be based upon defined ranges of WSFUs (water supply fixture units).
1. Total WSFUs for each detached structure shall be calculated separately for both residential and nonresidential properties, and the capacity fee for each structure determined based on the applicable defined range plus a per-WSFU fee for WSFUs exceeding the maximum range. Exceptions to calculations for commercial properties may be based on individually owned or individual tenant-operated suites or units within one structure.
2. When total WSFUs are altered for a remodel or other changes, the total WSFUs shall be calculated and the capacity fee determined based on the difference between the original applicable defined range and the new applicable defined range. Refunds of capacity fees will not be granted for reductions in WSFUs.
3. Except in cases where total WSFUs are altered within three years of construction or within three years of the most recent remodel or other changes affecting total WSFUs unless otherwise approved by the chief building official, no additional capacity fees will be incurred for increases in total WSFUs of 3.0 or less from the total calculated WSFUs for the most recent charge for capacity fees.
4. In the case of a wastewater generating activity related to a private property, but located on adjoining public property, the allowable capacity shall be assigned to the private property or properties. In the event that the related activity on public lands ceases, the allowable capacity for the private property shall be adjusted accordingly. In such case, no refunds of any applicable capacity fees will be granted.
C. Any person or owner who has paid the fee and been issued a connection permit may, prior to notice of availability, request and receive a refund of capacity fees paid. The refund shall be without interest. Thereafter, any application for a connection permit shall be at the then current capacity fee schedule as set forth in SCC 13.15.100.
D. Upon the expiration of the 180-day period following notice of sewer availability as provided in SCC 13.15.020, the capacity fee shall be charged to the property owner of developed parcels whether or not the property owner has connected to the city wastewater system and whether or not any building on the property is currently occupied unless the property owner has entered into a deferred connection agreement in the form approved by the city attorney. Property owners who enter into a deferred connection agreement shall have the option of either paying the then prevailing capacity fee, or they may defer payment of the fee until the time of actual connection. However, if payment of the capacity fee is deferred until the time of connection or otherwise remains unpaid until time of connection, the fee that is due will be the fee in existence at the time of connection. If the property owner fails to pay the capacity fee upon notice by the finance director that such capacity fee is due and owing, the finance director may proceed with any legal or equitable remedies available.
E. Prior to the expiration of the 180-day period following notice of sewer availability as provided in SCC 13.15.020, and upon compliance with all other federal, state and local requirements, a property owner may petition the finance director to establish an installment schedule for payment of the capacity fee. Such installment schedule shall be calculated at the discretion of the finance director in order to ensure prompt repayment of any and all city indebtedness associated with the operations, maintenance and construction of the city wastewater system. In addition, persons who enter into a deferred connection agreement and comply with the terms thereof shall be eligible for payment of the capacity fee through a financing program. Approval for this program is subject to the terms and conditions of the capacity fee financing agreement program administered through the finance department and requiring application and approval. Interest charges will apply at the federal short-term rate, determined pursuant to Section 6621 of the Internal Revenue Code, plus four percentage points, at the time the agreement is executed and remain in effect for the duration of the payment arrangement. Persons who fail to either connect to the city wastewater system within 180 days or enter into a deferred connection agreement will not be eligible for this capacity fee financing program.
F. Payment of the capacity fee shall not guarantee the person or owner connection to the city wastewater system.
G. In the case of a vacant lot, if a property owner requests and obtains a refund of prepaid capacity fee, and subsequently desires to construct a residence or commercial structure on the property, he shall be assessed the current capacity fee rate in force connection. Except as approved by the council, there will be no refund of prepaid capacity fees paid after December 31, 1999, for lots with sewer availability. Unless authorized by the council, the capacity fee may not be paid prior to receipt of a notice of sewer availability.
H. Except in the case of withdrawn development plans, there is no refund of nonresidential capacity fees.
I. The council may adopt a procedure to be utilized for those users who demonstrate financial inability to pay the capacity fee. The procedure may provide for assistance in seeking financing of capacity fees. The procedure may include the recordation of a secured lien against the subject real property. [Code 2006 § 13-5-7. Ord. 99-13, 8-10-1999; Ord. 2000-09, 10-9-2000; Ord. 2009-04, 4-14-2009; Ord. 2010-01 § 1, 1-12-2010; Res. 2010-01 Exh. B, 1-12-2010; Ord. 2010-07 § 1, 4-13-2010; Res. 2010-08 § 3 Exh. B, 4-13-2010; Ord. 2010-14 § 1, 9-28-2010; Res. 2010-27 § 1 Exh. A, 9-28-2010; Ord. 2012-06 § 1, 6-13-2012; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014; Ord. 2021-07 § 1, 9-28-2021; Res. 2021-23 Exh. A, 9-28-2021].