14.04.010   Establishment of water department.

A department to be known as the "City of Fort Bragg Water Department," hereinafter referred to as "water department" is established. Such water department shall have charge and control of the water system of the city and of all things necessary or incidental to the conduct and management of such department. Such department shall be subject to the control at all times of the city council. (Ord 416 §1, 1973.)

14.04.020   Rate establishment.

Water rates shall be established and fixed by resolution of the city council at any regular meeting of the city council. (Ord. 416 §2, 1973.)

14.04.030   Water billing - Failure to pay - Action.

Water billing periods shall be established and fixed by City Council resolution except for discontinued service which shall be billed as provided by Section 14.04.080. A water bill shall be deemed delinquent if not paid within twenty days of its deposit in the United States postal system by the City. Upon a bill becoming delinquent, the water department shall give the person or entity responsible for payment of the bill (hereinafter referred to as “consumer”) a notice of delinquency stating that water service will be discontinued within fifteen days of the date of deposit of the notice of delinquency in the United States mail, unless the person to whom the notice is addressed requests a hearing as specified in Section 14.04.035. Such notices shall be sent first class mail, postage prepaid, to the consumer responsible for payment of the water bill at such consumer’s last known address. This notice may be sent with the next scheduled water billing, or separately, within the discretion of the water department. (Ord. 875 §70, 2008; Ord. 775 §1A, 1995; Ord. 523 §1, 1979.)

14.04.032   Water billing - Notice of delinquency.

The notice of delinquency referred to in Section 14.04.030 shall specify that the records of the water department indicate that the consumer responsible for payment of the water bill has an unpaid water bill which is more than twenty days past due and specify the amount due. The notice shall further state the consumer’s right to request an administrative hearing before the City Manager or his duly authorized representative to contest payment of the water bill. The consumer shall be advised in the notice of delinquency to notify the City Manager within the fifteen day period if a hearing is desired. (Ord. 875 §71, 2008; Ord. 776 §1A, 1995; Ord. 523 §2, 1979.)

14.04.034   Water billing- Contest of payment - Hearing procedure.

Requests for investigation of disputed bills shall be filed in writing with the city for consideration by the city manager or his/her designee. A disputed account will not be accepted as justification for nonpayment of a bill, and a service will be subject to discontinuance unless payment in full is made pending a settlement of the dispute.
1. The consumer shall be notified in writing of the city manager's decision.
2. If the decision is in favor of the consumer, the consumer's water account shall be adjusted accordingly.
3. If the decision is against the consumer, the consumer shall be afforded an appeal to the city council. Such appeal must be taken within ten days of mailing of the city manager's decision to the consumer.
4. A reasonable appeal fee shall be charged as set by city council resolution.
5. All appeals shall be filed with the city clerk together with the required filing fee.
6. The city clerk shall notify the consumer of the date, time and place when the city council shall hear the appeal and, after hearing, of the decision of the city council.

(Ord. 864 §10, 2007.)

14.04.035   Water billing - Action prior to shutoff for nonpayment.

Prior to shutting off a delinquent account, the water department shall make a reasonable effort to contact the delinquent consumer at least 72 hours prior to the service being disconnected.  Whenever telephone or personal contact cannot be made, the water department shall give notice by mail or by posting at the premises, at least 48 hours prior to shut off.  (Ord. 875 §72, 2008.)

 

14.04.036   Water billing - Delinquent account - Service shutoff for nonpayment - Penalty charge.

In the event that a consumer does not request a hearing or does request a hearing and the matter is finally decided against the consumer, water service shall be shut off to the consumer unless the delinquent account is paid in full within fifteen (15) days from the date of mailing of the City Manager’s decision if a hearing is held but no appeal is filed or five (5) days after the decision on an appeal by the City Council, if an appeal is taken. Pursuant to the authority of Government Code Section 54538, in addition to the delinquent principal amount, a penalty of five percent (5%) shall be added twenty (20) days from the billing date. With respect to all accounts thereafter, with a balance of $5.00 or more, the penalty of five percent (5%) will be automatically added. Consumers will then have fifteen (15) days from the postmark of the reminder notice, to pay said accounts in full, or service will be terminated. Upon termination of service, in addition to the penalties set forth herein, all delinquent principal and penalties shall bear interest at the rate of one-half percent (½%) per month, until paid. (Ord. 875 §73, 2008; Ord. 776 §1B, 1995; Ord. 710 §1, 1990; Ord. 523 §4, 1979.)

14.04.038   Water billing - Delinquent account - Service resumption upon payment - Fee.

Water service will be resumed to a delinquent consumer only upon payment in full of the delinquent bill plus penalties accrued. A reasonable fee for shutting off and turning on water service will be charged by the water department as set by city council resolution. This fee must be paid to the city prior to resumption of water service. (Ord. 523 §5, 1979.)

14.04.040   Inspection by water department.

Any duly authorized agent of the water department shall have the authority to enter any building or premises for the purpose of investigating the property of any applicant or consumer of water in order to view the water pipes and equipment connected therewith. Except in emergency situations, such agents of the water department shall not enter any building or premises without the consent of the owner or occupant thereof, unless an investigation warrant authorizing such entry and investigation is first obtained. No person shall hinder or prevent the agents of the water department while in the performance of the duties herein described from entering upon and into any and all property at all reasonable hours for the purpose of inspection of the same in order to carry out the provisions of this chapter. No person excepting a duly authorized agent of the water department shall turn the water on or off from any building or premises, and no person shall tap, cut or move any water pipe laid in streets or alleys, unless permission to do so has been granted by the water department supplying the water. Each service must have a shut off valve between the meter and the house, and the valve is to be supplied by the owner. This valve is to be used in case of repairs to pipes or appliances on owner's property. (Ord. 416 §4, 1973.)

14.04.050   Application for water service.

Before water is supplied to any person from the mains of the city water department, the owner thereof shall make application for water service on such forms as may be provided by the city for that purpose. (Ord. 416 §5, 1973.)

14.04.060   Use of meter.

Where metered services are installed, the water shall pass through the meter and no bypass or connection between the main and the property shall be made, maintained or permitted except as may be installed by permission of the water superintendent for fire services. (Ord. 416 §6, 1973.)

14.04.070   Keeping access to meter free from obstructions required.

It shall be the duty of each consumer to keep the space about the meter or shut-off box servicing his property free and clean of trash, garbage, barrels, boxes, dirt, oil, building material or other obstructions that may in any way interfere with the free access to the same by the employees of the water department at any time; and, upon failure to do so, the water department may cause notice, either in writing or in person, to the owner or occupant of the property to remove such obstruction within twenty-four hours; and, on failure to do so, the obstruction may be removed by the water department and the cost thereof charged against the property owner thereof, shall become a lien against the property and shall be due and payable at the same time and in the same manner as other charges provided for in Section 14.04.020. (Ord. 416 §7, 1973.)

14.04.080   Vacating premises served - Notification of water department - Action.

Whenever a consumer vacates any premises, he shall immediately give notice thereof to the water department. Upon receipt of such notice, the water department shall shut off the water from the premises and immediately present to the consumer all unpaid bills for water furnished by the city to him up to that time and the consumer shall thereupon pay the bills. In the event that the consumer has made a deposit with the department, the balance, if any, of such deposit shall be returned to the consumer after deducting therefrom the amount of the bills. Until such notice and payment has been made, premises shall be deemed occupied by such consumer and his liability continued, as well as that of the property owner for unpaid bills. (Ord. 416 §8, 1973.)

14.04.090   Laying out service.

When property to be served is a part or subdivision on a lot or lots originally abutting on a water main, but because of the subdivision has been separated from the main by another property, the serving shall be laid to the nearest property line. (Ord. 416 §9, 1973.)

14.04.100   Tampering with water department properties.

It is unlawful for any person to open any street hydrant, stop cock or gate valve or to tamper with or interfere with any street service, water connection, reservoir, pumping plant or any water meter attached to any service pipe connected with the city mains or water pipes or hydrants of the city, or to turn on and off water mains or water pipes of the city, or to tap, break or injure any water main, water pipe, meter or other fittings of the city laid in any street, avenue, alley or other public place or to tamper with, deposit or cause to be deposited in any water main or pipe of the city any fluid or solid matter or substance of any kind or to do any act that might cause water to become polluted, or to take, pump or draw water from any water main, pipe or hydrant of the city without first arranging with the water department for the same and paying the established rate therefor. (Ord. 416 §10, 1973.)

14.04.110   No water service at new address until previous bill paid.

No water service shall be furnished to any person at a new address so long as such person has an unpaid water bill against him at a former address. (Ord. 416 §11, 1973.)

14.04.120   Cross connections - Protection requirements.

1. Not Allowed Between Plumbing and Water Pipes. It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatever, any cross-connection between plumbing pipes or water fixtures being served with water by the water department and any other source of water supply, or to maintain any sanitary fixtures or other appurtenances or fixtures which by reason of their construction may cause or allow backflow of water or other substance into the water supply system of the city and/or the service of water pipes or fixtures of any consumer of the city.
2. Permit Required.
1. The regulations of the State Department of Health and the Drinking Water Standards of the United States Public Health Service prohibit unprotected cross-connections between the public water supply and any unapproved source of water. All water cross-connections must be approved by the city and a permit issued by the city building official prior to installation.
2. To comply with the regulations of health agencies, the city will require the installation of approved backflow prevention services by and at the expense of the customer for continued service, or before new service will be granted under any of the following conditions:
1. Where an unapproved fresh water supply is already available on a site from a well, spring, reservoir, or any other source, unless the customer agrees to remove all pumps and piping necessary for the utilization of this supply and the city inspects such removal, the installation of backflow protective devices will be required;
2. Where polluted or otherwise untreated water is available for industrial or fire protection purposes;
3. Where the premises are or may be engaged in industrial processing using or producing processed water or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or other polluted or contaminated water, or other dangerous substances;
4. Where circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water-using or treatment equipment, or storage tanks and reservoirs;
5. Where there are other actual or potential cross-connection hazards on the property.
3. Backflow Protection Devices. Wherever backflow protection has been found necessary on a water supply line entering a customer's premises, then any and all water supply lines from the city's mains entering such premises, buildings, or structures shall be protected by an approved backflow/prevention device.
1. A permit shall be acquired from the building official before installing any devices. The building inspector shall notify the water treatment superintendent upon receipt of permit for backflow prevention device. Superintendent shall make approval of said device and schedule testing and certification of device prior to final inspection of the permit.
2. Only backflow prevention devices approved by the Foundation for Cross-Connection Control and Hydraulics of the University of Southern California shall be approved for installation.
3. Backflow prevention devices shall be selected and installed in a manner prescribed in the State Department of Health Service Engineering Section's "Manual of Cross-Connection Control Procedures and Practices," or as prescribed by another acceptable authority, the plans for which have been approved by the building official.
4. The State Department of Public Health requires that the owners of any premises on which, or on account of which, check valves or other protective devices are installed, have the devices inspected by a certified tester for water-tightness annually. A report of inspection will be filed annually with the city. These devices shall be serviced, overhauled or replaced whenever they are found to be defective and all costs of repair and maintenance shall be borne by the customer.
5. Approved backflow protection devices may be inspected and tested periodically for water-tightness by the city.
6. Where a fresh water supply from a well, spring, reservoir, or any other water source is allowed, all pipe systems outside of the dwelling unit shall be PVC, and meet the following standards:
1. PVC pipe shall be IPS Schedule 40 that meets ASTM D1785;
2. PVC Schedule IPS 160, or IPS 200 that meets ASTM D2241;
3. Non-potable water lines shall be wrapped with tape clearly marking the pipe as containing non-potable water. An additional strand of non-potable water tape will be placed in the trench the entire length of the pipe at approximately below the ground surface.
4. Interstreet Main Flow. Two or more services supplying water from different street mains to the same building, structure or premises through which an interstreet main flow may occur shall have a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valves shall not be considered adequate if backflow protection is deemed necessary to protect the city's mains from pollution or contamination; in such cases the installation of approved backflow devices at such meters shall be required to satisfy the requirements for standard check valves.
5. Certification as a Backflow Prevention Device Tester.
1. Each applicant for certification as a tester of backflow prevention devices shall file an approved application with the city clerk, together with a fee as may be established by the city council.
2. Competency in all phases of backflow prevention device testing and repair must be demonstrated by means of education and/or experience in order to obtain certification. The following are minimum requirements:
1. Applicants shall have had at least two years' experience in plumbing or pipe fitting or equivalent qualifications.
2. Applicants shall hold valid certification from the American Water Works Association (AWWA) California-Nevada Section, or show satisfactory completion of the course for the Training and Certification of Testers For Backflow Prevention Devices offered by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, or have equivalent training in the opinion of the Water District and Health Department.
3. Each applicant for certification as a tester of backflow prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly test such devices. He shall be responsible for the competency and accuracy of all tests and reports prepared by him.
3. The certificate issued to any tester is valid for a period of one year and may be revoked, suspended or not renewed by the city for improper testing, repairs and/or reporting.
   

(Ord. 757 §1, 1993; Ord. 755 §1, 1993; Ord. 601, 1983; Ord. 416 §12, 1973.)

14.04.125   Wells for domestic use.

For the purposes of this chapter, wells for domestic use, shall be construed as wells for residential, commercial and industrial uses with water quality suitable for human consumption and other personal needs.

The City of Fort Bragg will allow connection of appropriately permitted new domestic wells only during a time of a water hook-up moratorium, i.e. where a moratorium on water connections or added use has been imposed by a State agency or the City, or when there is an absence of infrastructure to serve the property. Once the moratorium is lifted or the necessary infrastructure is provided, the property owner must connect to the city water system within 60 days of written notice from the City and convert the domestic well to a non-domestic well (see Section 14.04.127).

1. EXCEPTIONS:
1. Domestic wells existing prior to June 9, 1994 shall be recognized by the city as legally allowable.
2. The City of Fort Bragg may allow domestic wells on a permanent basis in lieu of connecting to the City's water system under specified circumstances. Specified circumstances would include, but are not limited to:
1. A well having hydrological study conducted by a licensed professional during the dry summer months, said study concluding that the well would support the proposed land use and there that would be no significant impact on adjacent ground water wells; and
2. The water quality from said well is found acceptable to the State Department of Health Services or other appropriate agency.
2. Where any well is located on a property where there is also a connection to the City's water system, there must be an approved backflow prevention device installed at the water service connection.
   (Ord. 812 §1, 1999; Ord. 757 §2, 1993.)

14.04.127   Wells for non-domestic use.

Wells for landscaping, irrigation or industrial purposes shall be allowed on any city lot. Such well shall meet the city's backflow preventive standards and shall be used for no other purpose but supporting the irrigation system or industrial use. (Ord. 773 §1, 1994; Ord. 755 §2, 1993.)

14.04.130   Shutting off water.

The city reserves the right to shut off the water from any premises or from any part of the distributing system as long as necessary without notice to consumers at any time when the exigencies of the occasion may require it, but in all cases of extensions or connections, the water department will notify consumers of the necessity of shutting off water and the probable length of time the water shall be shut off before taking such action. (Ord. 416 §13, 1973.)

14.04.140   Service to be made to property line.

When service of water is made to property, it shall be made to the property line. (Ord. 416 §14, 1973.)

14.04.150   Applicants - Credit establishment - Requirements.

Each applicant for water service will be required to satisfactorily establish credit. Credit will be deemed established as follows:

1. If the applicant is the legal owner of the property to be served and there are no delinquent taxes, assessments or liens outstanding against the property;
2. If the applicant makes a cash deposit in the amount specified in Section 14.04.155;
3. If the applicant furnishes a sufficient guarantee executed by a corporate or individual surety acceptable to the director of finance to secure payment;
4. If the applicant has previously paid all water bills for water service previously supplied by the city to applicant;
5. If the applicant has sufficient established credit references which, in the opinion of the director of finance, warrant establishment of water service without cash deposit or guarantee.
   

(Ord. 523 §6, 1979.)

14.04.155   Applicants - Credit establishment - Cash deposit.

1. The amount of the cash deposit set forth in Section 14.04.150 to establish credit for water service for residential accounts shall be no more than twice the amount of the estimated average periodic bill or, in the event monthly billing is instituted, no more than three times the estimated average monthly bill. The amount of cash deposit for commercial accounts shall be at the discretion of the director of finance.
2. Upon discontinuance of water service, the city will refund the cash water deposit in excess of any unpaid amount owed the city. Credit must be reestablished under the following conditions:
1. In the event water is shut off;
2. Where more than two notices of delinquency are sent to a customer within a one-year period unless such a notice is sent erroneously or the amounts alleged to be due from the consumer in the notice are determined not to be due to the city;
3. In the event a consumer of an owner occupied residence or business pays all water bills owed to the city within a two-year period, any cash deposit held by the city shall be refunded.
   

(Ord. 794 §1A, 1996;Ord. 775 §1B, 1995; Ord. 692 §1, 1988; Ord. 523 §7, 1979.)

14.04.160   Process for handling of unpaid bills.

1. All unpaid delinquent water bills for service shall be referred to a collection agency after closing the account and applying any security deposit on file with the city.
2. In the event the collection agency is unsuccessful in collection of the water bill, the bill for service shall be a lien on the property served with the water and shall be collected and enforced in the same manner that unpaid city taxes on the property are collected and enforced.

(Ord. 864, §11, 2007.)

14.04.170   Separate water meters when possible.

Each separate ownership shall have a separate water meter, and if one owner has several contiguous properties, each property shall have a separate water meter wherever it is possible to divide and sell the property in accordance with Title 18. In all cases where one meter serves several separate properties under one ownership, the owner shall pay the water bill and not the renters or lessees. The alternative to this is the installation of separate water meters. Effective, March 25, 1999, in all cases where a second living unit is built on one property, each living unit shall have separate water meters. (Ord. 811 §1, 1999, Ord. 416 §17, 1973.)

14.04.180   Outside city water users.

Outside city water shall be considered on an individual basis on application to city council. (Ord. 416 §18, 1973.)

14.04.190   Rates.

The water rates applicable upon the passage of this chapter shall be those set forth in Exhibit A, on file in the office of the city clerk, incorporated herein; and the rates may be changed from time to time by resolution of the city council. (Ord. 416 §19, 1973.)

14.04.200   Basis for rates for residential properties, trailer courts and mobile home parks.

Single family residential properties (including condominiums) and multiple-family residential properties shall be charged water rates as set by city council resolution. (Ord. 777 §1, 1995; Ord. 523 §8, 1979.)

14.04.210   Definition of dwelling unit.

A dwelling unit is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for 10 or less persons. (Ord. 749 §1, 1992.)

14.06.010   DECLARATION OF INTENT.

The ordinance codified in this chapter is intended to allocate equitably, City supplied water during the time when a water shortage exists to ensure that sufficient water will be available for human consumption, sanitation, and fire protection. (Ord. 883 §1, passed 7-13-2009)

14.06.020   DECLARATION OF WATER EMERGENCY.

A water emergency shall be declared whenever the following occurs:

1. The City is unable to maintain a 10% buffer between its ability to replenish water in its storage tanks and the total daily demand for water; or
2. A level of 95% or less of the total storage capacity providing pressure to the City water distribution system is reached and the City is unable to replenish water in its storage tanks in a reliable manner; or
3. The City is unable to keep the finished water tanks at predetermined levels for more than 24 hours. Levels shall be determined upon consultation with Public Works and Fire Department staff.

(Ord. 883 §1, passed 7-13-2009)

14.06.030   AUTHORITY TO DECLARE WATER EMERGENCY.

The City Manager is authorized to declare a water emergency when the Director of Public Works or Treatment Plant Superintendent advises that water storage has fallen below the minimum storage levels identified in § 14.06.020.  The City Manager is authorized to go directly to any conservation stage necessary depending on the drought conditions or water shortage.  The City Manager is further authorized to act as quickly as needed to move through the conservation stages, depending on the drought conditions or water shortage.  (Ord. 883 §1, passed 7-13-2009)

14.06.040   FISCAL INCENTIVES FOR CONSERVATION DURING WATER EMERGENCY.

1. The goal of these conservation measures is to reduce water usage by a designated percentage depending on the conservation stage. The percentage of reduction goals shall be as follows:
   1. Stage 1 conservation goal is to reduce water use by 10%; the variable portion of the City's water rate charges would increase by 10% (i.e., if the rate per 100 cubic feet is $3.15 the rate would increase to $3.47).
   2. Stage 2 conservation goal is to reduce water use by 25%; the variable portion of the City's water rate charges would increase by 25% (i.e., if the rate per 100 cubic feet is $3.15 the rate would increase to $3.94).
   3. Stage 3 conservation goal is to eliminate all unnecessary water use. The burden of Stage 3 conservation would be borne by the commercial sector. The variable portion of the commercial water rates would double (i.e., if the rate per 100 cubic feet is $3.15 the rate would increase to $6.30).
2. The Director of Public Works shall have all meters read when any change in water emergency stage is announced. (Ord. 883 §1, 2007.)

14.06.050   PROHIBITED WATER USES DURING WATER EMERGENCY.

Compliance with this section is mandatory.  The following uses of water are prohibited during a water emergency.

1. Stage 1.
   1. Defective equipment.  Use of water through, with or by any plumbing, sprinkler, watering or irrigation system, or other device, equipment, or appliance which is broken or defective, or which, for any reason, fails to use water in the ordinary and customary manner or quantity for which it was designed, constructed, or manufactured
   2. Surface flow.
      1. The watering of grass, lawns, groundcover, shrubbery, open ground, crops and trees, including agricultural irrigation, in a manner or to an extent which allows excess water to run off the area being watered. Water running to waste in any gutter shall be deemed to be excess use under this section. Every water user is deemed to have under his or her control at all times his or her water distribution lines and facilities and to know the manner and extent of his or her water use and excess run off.
      2. The washing of sidewalks, walkways, driveways, parking lots, and all other hard-surfaced areas by direct hosing, except such as may be necessary to dispose of flammable or otherwise necessary to prevent or eliminate matters dangerous to the public health and safety.
      3. The washing of vehicles except at commercial car washing establishments.
   3. Building exteriors.The use of any hose or similar device, irrespective of whether a nozzle, valve, or other shut-off mechanism is attached thereto, for washing or cleaning the exterior surface of any dwelling, garage, commercial or industrial building, or appurtenance thereto, including, but not limited to, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or similar or like hard-surface areas by directing water at or upon the surface. Painting contractors shall be exempted from this provision when water is used in connection with the conduct of their business activities during a Stage 1 water conservation emergency.
   4. Swimming pools.The use of water for filling or refilling any existing or new swimming pool. Replenishing existing pools which have lost water due to evaporation shall be permitted.
   5. Fountains. The use of water to clean, fill, or maintain operating levels in decorative fountains, or similar or like ornamental structures.
   6. Construction. The use of water in construction projects for backfill consolidation or compaction, or for dust control purposes; provided, however, that the City Manager may permit the use of water upon a determination by the City Manager that no other source of water for the purpose is available, or that no other method of compaction, consolidation, or dust control is reasonably available
   7. Irrigation. The following only applies to irrigation using City supplied water.
      1. Facilities. The construction or installation of new irrigation facilities, or extension, expansion or enlargement of existing facilities. The installation of new irrigation facilities specifically designed to reduce water usage is exempted from this requirement.
      2. Use. The irrigation or watering of any landscaping between the hours of 10:00 a.m. and 6:00 p.m. 
   8. Use of hydrant water. The use of water from hydrants for construction purposes or for fire drills and/or contests.
   9. Restaurants. The service of water by any restaurant, or other eating or refreshment establishment, to any patron thereof except upon the specific request by a patron for the service. 
2. Stage 2.All of the prohibited uses of water during a Stage 1 water emergency are prohibited during a Stage 2 water emergency. In addition, the following uses of water are prohibited during a Stage 2 water emergency:
   1. Surface flow.
      1. The washing of vehicles, including the operation of any commercial car wash using City water, is prohibited during a Stage 2 water emergency. 
   2. Building exteriors. Painting contractors shall not be exempted from this provision during a Stage 2 water emergency.
   3. Spas and hot tubs. The operation of commercial spas and hot tubs shall be prohibited during a Stage 2 water emergency.  The operation of residential hot tubs and spas may continue.
   4. Construction. The use of water in construction projects for backfill consolidation or compaction, or for dust control purposes is prohibited during a Stage 2 water emergency.
   5. Irrigation. The following only applies to irrigation using City supplied water.
      1. Use. The irrigation or watering of any landscaping. 
   6. Restaurants. The use of disposable plates, cups, and flatware is encouraged during a Stage 2 water emergency.
3. Stage 3. All of the prohibited uses of water during a Stage 1 water emergency and a Stage 2 water emergency are prohibited during a Stage 3 water emergency. In addition, the following uses of water are prohibited during a Stage 3 water emergency:
   1. Swimming pools. Replenishing existing pools which have lost water due to evaporation shall not be permitted during a Stage 3 water conservation emergency.
   2. Restaurants. All restaurants remaining open shall use disposable plates, cups, and flatware.
   3. Hotels/motels and spas.
      1. Individual hotels/motels will be restricted to renting a maximum number of rooms per day. The maximum number of rooms to be rented by each individual motel during a Stage 3 will be determined by public works staff, following consultation with motel management.
      2. The operation of residential spas and hot tubs is prohibited.
      3. Under a Stage 3 water emergency, the City Manager shall have the authority to order the closure of motels.
   4. Laundromats.
      1. Laundromats will be restricted to operating for a maximum of 8 hours per day.
      2. Under a prolonged Stage 3 water emergency, the City Manager shall have the authority to order the closure of Laundromats.

   (Ord. 883 §1, passed 7-13-2009)

14.06.060   MINOR AND MAJOR OFFENSES DURING WATER EMERGENCY.

The following table indicates whether a violation of the water use prohibitions established in Section 14.06.050 is a “minor offense” or a “major offense” during a Stage 1, Stage 2, and Stage 3 water emergency. Penalties for violations are established by resolution of the City Council pursuant to Section 14.06.090.

 

Prohibited water use	Stage 1	Stage 2	Stage 3
Defective Equipment	1st violation- minor offense Repeat violations- major offenses	1st violation- minor offense Repeat violations- major offenses	Major offense
Surface flow- Watering of lawns, groundcover, etc.	1st violation- minor offense Repeat violations- major offenses	Major offense	Major offense
Surface flow- washing of sidewalks, driveways, etc.	1st violation- minor offense Repeat violations- major offenses	Major offense	Major offense
Washing of vehicles (excluding commercial car washes)	1st violation- minor offense Repeat violations- major offenses	Major offense	Major offense
Commercial car washes		Major offense	Major offense
Building exteriors (painting contractors exempted)	1st violation- minor offense Repeat violations- major offenses	Major offense	Major offense
Building exteriors – painting contractors		Major offense	Major offense
Swimming pools	Major offense	Major offense	Major offense
Spas and hot tubs - commercial		Major offense	Major offense
Fountains	1st violation- minor offense Repeat violations- major offenses	Major offense	Major offense
Construction	Major offense	Major offense	Major offense
Irrigation – Facilities	Major offense	Major offense	Major offense
Irrigation – Use	1st violation- minor offense Repeat violations- major offenses	Major offense	Major offense
Hydrants	Major offense	Major offense	Major offense
Restaurants	1st violation- minor offense Repeat violations- major offenses	1st violation- minor offense Repeat violations- major offenses	Major offense
Hotels/Motels and spas			Major offense
Laundromats			Major offense

 (Ord. 883 §1, passed 7-13-2009)

14.06.070   USE OF WATER TANKS ENCOURAGED.

Residents or property owners wishing to install private water tanks that cover no more than 120 square feet and meet existing setback requirements may construct or install such tanks without first obtaining building permits. Private water tanks may be filled from roof runoff or from other sources. Private water tanks may not be filled from the public water supply if a water emergency has been declared.

(Ord. 883 §1, passed 7-13-2009)

14.06.080   INSTALLATION OF CONSERVATION DEVICES IN REMODELS AND NEW CONSTRUCTION.

No building permit shall be issued for new construction, and remodeling of kitchens, bathrooms, and landscaping projects, where the plumbing fixtures to be installed do not meet the following standards:

1. All water closets and associated flush/o/meter valves, if any, shall use no more than 1.6 gallons per and urinals and associated flush/o/meter valves shall use no more than one gallon per flush.
2. Shower heads shall emit no more than 2.5 gallons per minute, interior faucet aerators shall emit no more than 2.2 gallons per minute.
3. Potable hot water piping in accessible unconditioned areas leading from water heaters shall be insulated to provide an installed conductance of 0.33 or less.
4. Installed irrigation systems shall consist of drip or soaker hose type technology, or water efficient sprinkler system on a timer.
5. A pressure regulating device designed to limit the water pressure not to exceed fifty PSI shall be installed at the service entrance of each individual occupancy.
6. In other than residential occupancies, all lavatory faucets must be equipped with a metering valve designated to close by spring or water pressure when left unattended (self-closing).
7. In development where more than thirty thousand square feet is to be maintained as landscaping, all landscaping irrigation facilities shall be served by a separate water system utilizing an on-site well. Such well shall meet the city's backflow preventative standards and shall be used for no other purpose but supporting the irrigation system.
8. Commercial car-wash facilities using City water must install water conservation devices, including low-flow nozzles and trigger-activated wands. Automatic car-wash units shall have trigger activated wash, rinse and wax cycles.
9. Continuous flow equipment having a flow in excess of five gallons per minute must have a recycling system approved by the city engineer.
10. All new development of more than ten residential units in size, or which require water meters of two inches or more in size, shall be required to apply to the city council for a water service permit. In considering the permit application, the city council shall consider the impact of the proposed water service on the water supply capacity of the city, the status of water production, water conservation measures proposed by the developer and the impact upon water pressure of neighboring properties.
11. Public hot water showers shall all be retrofitted with low flow shower head devices.

(Ord. 883 §1, passed 7-13-2009)

14.06.090   VIOLATION - PENALTY.

1. Penalties for violation of this chapter shall be established by resolution of the City Council, as amended from time to time, and shall include penalties for minor and major offenses for each water emergency stage.  Each day any violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.  Administrative citations for minor and major offenses may be served either personally on the water user (when feasible) or by certified mail, return receipt requested, to the address shown on the utility bill.
2. Penalties for minor and major offenses shall be added to the utility bill; failure to pay the penalty will result in the water being shut off at this location.
3. All penalties collected and increased revenue realized shall be deposited in the water enterprise capital improvements account and used to increase the City’s water storage capacity.
4. Water users may contest the imposition of a penalty by following the procedures established in Fort Bragg Municipal Code § 14.04.034.

(Ord. 883 §1, passed 7-13-2009)

14.08.010   Title.

Chapters 14.08 through 14.36 shall be known as the "Fort Bragg Municipal Improvement District No. 1 Sanitary Code." (Ord. 405 §203, 1972.)

14.08.020   Purpose.

Chapters 14.08 through 14.36 are intended to provide rules and regulations for the use and construction of sanitary sewer facilities hereafter installed, altered or repaired within the district. This title shall not apply retroactively and, in the event of an alteration or repair hereafter made, it shall apply only to the new materials and methods used therein. (Ord. 405 §202, 1972.)

14.08.030   Rules and regulations.

The rules and regulations in Chapters 14.08 through 14.36 respecting sewer construction and disposal of sewage and drainage of buildings and connection to the sewer works of the district are adopted, and all work in respect thereto shall be performed as herein required and not otherwise. (Ord. 405 §201, 1972.)

14.08.040   Violation unlawful.

Following the effective date of the ordinance codified in Chapters 14.08 through 14.36, it is unlawful for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in the district except by connection to a public sewer in the manner as in Chapters 14.08 through 14.36 provided. (Ord. 405 §204, 1972.)

14.08.050   Relief on application.

When any person, by reason of special circumstances, is of the opinion that any provision of Chapters 14.08 through 14.36 is unjust or inequitable as applied to his premises, he may make written application to the board, stating the special circumstances, citing the provision complained of and requesting suspension or modification of that provision as applied to his premises.

If such application be approved, the board may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. (Ord. 405 §205, 1972.)

14.08.060   Relief on own motion.

The board may, on its own motion, find that by reason of special circumstances any provision of this regulation and ordinance should be suspended or modified as applied to a particular premise and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof. (Ord. 405 §206, 1972.)

14.08.065   District board compensation.

Pursuant to Section 4733 of the California Health and Safety Code, the district board may fix the amount of compensation per meeting to be paid each Member of the board for services for such meeting attended by the member. The compensation shall not exceed one hundred dollars ($100) for each meeting of the district board attended by the member or for each day's service rendered as a member by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (Ord. 829 §1, 2000.)

14.08.070   District inspector - Compensation.

The board shall employ some fit and qualified person or persons to perform the duties of inspecting the installation, connection, maintenance and use of all side sewers, public sewers, private sewers and facilities in connection therewith in the district, to be known as the district inspector. The person to be so employed shall receive as compensation for his services for making inspections required to be made by the ordinances and orders and regulations from time to time enacted and ordered by the board a sum to be fixed by the board. He shall serve during the pleasure of the board, and may be another official of the district. (Ord. 405 §207, 1972.)

14.08.080   Permits - Fees.

No public sewer, side sewer, building sewer or other sewage facility shall be installed, altered or repaired within the district until a permit for the work has been obtained from the district and all fees paid in accordance with the requirements of Chapter 14.24. (Ord. 405 §208, 1972.)

14.12.010   Definitions.

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section:

1. APPLICANT. The person making application for a permit for a sewer or plumbing installation and shall be the owner of premises to be served by the sewer for which a permit is requested or his authorized agent.
2. BOARD. The governing board of the Fort Bragg Municipal Improvement District No. 1.
3. BUILDING. Any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities.
4. COMMERCIAL PROPERTIES. Includes, but is not necessarily limited to, retail and wholesale businesses, hotels, motels, auto courts, theaters, professional services, cleaning establishments, restaurants, banks and similar establishments.
5. CONTRACTOR. An individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit.
6. DISTRICT. The Fort Bragg Municipal Improvement District No. 1, Mendocino County, California.
7. DISTRICT ENGINEER. The engineer appointed by and acting for the board and shall be a registered civil engineer.
8. DISTRICT INSPECTOR. The inspector acting for the Board and may be a member of the Board, the manager, the District Engineer or inspector appointed by the Board.
9. FATS, OILS AND GREASES. Any organic compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
10. FOOD SERVICE ESTABLISHMENTS. Those establishments primarily engaged in activities of preparing, serving, or otherwise making food available for consumption by the public. These establishments include, but are not limited to, restaurants, commercial kitchens, caterers, hotels, schools, hospitals, prisons, correctional facilities, and care institutions. These establishments use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.
11. GARBAGE. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of product, except for fats, oils and greases.
12. GREASE INTERCEPTORS. A structure or device designed for the purpose of removing and preventing fats, oils, and grease from entering the sanitary sewer collection system. These devices are often below-ground units in outside areas and are built as two or three chamber baffled tanks.
13. GREASE TRAP. A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. Such traps are typically compact under-the-sink units that are near food preparation areas.
14. INDUSTRIAL PROPERTIES. Includes, but is not necessarily limited to, manufacturing, canning, food processing and similar types of business.
15. MANAGER. The person or persons appointed by the Board to administer and enforce the rules and regulations of the District.
16. MINIMUM DESIGN CAPACITY. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer.
17. MULTIPLE-FAMILY RESIDENTIAL. Those properties on which exists a structure or structures housing more than one family unit and having one or more sewer connections.
18. PERMIT. Any written authorization required pursuant to this or any other regulation of the district for the installation of any sewage works.
19. PLUMBING SYSTEM. All plumbing fixtures and traps for soil waste and special waste, vent pipes and all sanitary sewer pipes within a building and extending to the building sewer connection three feet outside the building wall.
20. PUBLIC PROPERTIES. Includes, but is not necessarily limited to, schools, hospitals, churches, meeting halls and similar structures.
21. SEPTIC TANK SERVICES. Businesses of a commercial nature engaged in pumping and cleaning septic tanks.
22. SEWAGE. A combination of water-carried wastes from residence, business buildings, institutions and industrial establishments.
23. SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
24. SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
25. SEWER. A pipe or conduit for carrying sewage.
26. SEWER, BUILDING. That portion of any sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.
27. SEWER, COMBINED. A sewer receiving both surface runoff and sewage.
28. SEWER, LATERAL. The portion of a sewer lying within a public street connecting a building sewer to the main sewer.
29. SEWER, MAIN. A public sewer designed to accommodate more than one lateral sewer.
30. SEWER, PRIVATE. A sewer serving an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or industries.
31. SEWER, PUBLIC. A sewer lying within a street and which is controlled by orunder the jurisdiction of the District.
32. SEWER, SANITARY. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
33. SEWER, SIDE. The sewer line beginning at the foundation wall of any building and terminating at the main sewer and includes the building sewer and lateral sewer together.
34. SEWER, STORM—STORM DRAIN. A sewer which carries storm and surface or ground waters and drainage, but excludes sewage and polluted industrial wastes.
35. SINGLE-FAMILY RESIDENTIAL. Properties on which exist a single unit having only one sewer connection.
36. SINGLE-FAMILY UNIT. Refers to the place of residence for a single family. Property improved for multi-family purposes shall constitute the number of units that the facilities thereon provide, in number, facilities for single-family units. When such improvements are for other than residential purposes, the number of units shall be determined by dividing the total number of persons regularly using or occupying said premises by three. When the property is unimproved, a single lot shall be deemed to have four lots to the acre, unless the board, in its discretion, specially fixes some other number of lots therefore.
37. USER. Any person, including those located outside the jurisdictional limits of the Fort Bragg Municipal Improvement District No. 1, who contributes, causes or permits the contribution or discharge of wastewater into sewers within the District’s boundaries, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.

(Ord. 870 §§22-23, 2008; Ord. 837 §1, 2003; Ord. 405 §§101-135, 1972.)

14.16.010   Disposal of wastes.

It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the district or in any area under the jurisdiction of the district, any human or animal excrement, garbage or other objectionable waste. (Ord. 405 §301, 1972.)

14.16.020   Treatment of wastes required.

It is unlawful to discharge to any stream or watercourse any sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this chapter. (Ord. 405 §302, 1972.)

14.16.030   Unlawful disposal.

Except as provided in this chapter, it is unlawful to construct any new privy, vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage within the district. (Ord. 405 §303, 1972.)

14.16.040   Occupancy prohibited.

No building, industrial facility or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of the district. (Ord. 405 §304, 1972.)

14.16.050   Sewer required.

The owner of any building situated within the district using a disposal system other than the public sewer of the district, who has his present facility declared to be a public nuisance by the appropriate county or state health officer, shall be required at his expense to connect the building directly with the proper public sewer in accordance with the provisions of Chapters 14.08 through 14.36 within thirty days after date of official notice to do so; provided and provided further, that the public sewer is within two hundred feet of the nearest point of the subject building. (Ord. 787 §1, 1996; Ord. 405 §305, 1972.)

14.16.060   (Reserved.)

14.16.070   Drainage into sanitary sewers prohibited.

No leaders from roofs and no surface drains for rainwater shall be connected to any sanitary sewer. No surface or storm water, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever.

"Unpolluted water" means any water within the following limits of quality:

(Ord. 787 §3, 1996; Ord. 405 §701, 1972.)

14.16.080   Use of storm sewers required.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the manager. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the manager, to a storm sewer, combined sewer or natural outlet. (Ord. 405 §702, 1972.)

14.16.090   Types of wastes prohibited.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;
2. Any water or waste which may contain more than ten parts per million;
3. Any gasoline, benzine, naptha, fuel oil or other flammable or explosive liquid, solid or gas;
4. Any garbage that has not been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension;
5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;
6. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;
8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
9. Any noxious or malodorous gas or substance capable of creating a public nuisance;
10. Any septic tank sludge;
11. Any water or wastes containing radioactivity, or radioactive isotope, of such half-life or concentration as may exceed limits set by the district manager in compliance with state or federal regulations;
12. Any waters containing algicides, fungicides, antibiotics, insecticides, strong oxidizing agents or strong reducing agents;
13. Any waters containing mercury or mercury compounds;
14. The following is a partial list of toxic substances and their maximum concentration allowable for admission to a public sewer system:

The maximum allowable concentration of toxic or potentially toxic materials not listed above will be determined by the district manager on an individual basis.

In no event shall any industrial waste discharged to the public sewers have a ninety-six hour median tolerance limit (TLM), as determined by the Routine Fish Bioassay Method, of less than twenty-five percent.
(Ord. 787 §4, 1996; Ord. 405 §703, 1972.)

14.16.100   Fats, oils and grease control.

In an effort to curb sanitary sewer overflows (SSOs) caused by grease accumulation in its sanitary sewer mains, the Fort Bragg Municipal Improvement District No. 1 shall hereby adopt a Fats, Oils, and Grease Control Ordinance. Any nonresidential facility connected to the sanitary sewer collection and treatment system involved in the preparation or serving of foods will be subject to the conditions of this ordinance.

1. Scope and Purpose:

   This ordinance will aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils, and greases into the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.

2. Food Service Establishment Wastewater Discharge Permit:

   All facilities (as described below) engaged in preparing food for consumption by the public desiring to discharge wastewater into a public sewer shall obtain a permit from the Department of Public Works known as a Food Establishment Wastewater Discharge Permit. All permittees are subject to the following provisions:

   1. All new food service establishment facilities must obtain a Food Establishment Wastewater Discharge Permit.
   2. Existing facilities applying for a building permit, as required to complete planned modifications, must apply for a Food Establishment Wastewater Discharge Permit.
   3. All existing facilities must obtain a Food Establishment Wastewater Discharge Permit within five years from the date this Ordinance goes into effect. Additional fees may apply as described in item B.11. of this ordinance.
   4. All facilities will be subject to annual inspections. These inspections will be initiated within one year after the adoption of this ordinance. Inspection fees will be assessed as described in item B.7. of this ordinance.
   5. Permit Applications: Food Establishment Wastewater Discharge Permit applications shall be completed and filed with the Department of Public Works. Plans shall be provided with the application indicating the location and design details for the proposed grease interceptor. The applicant may be required to submit the following information:
      1. Name and address of applicant;
      2. Volume of wastewater to be discharged;
      3. Time of daily food preparation operations;
      4. Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen;
      5. Any other information as may be deemed by the director of public works to be necessary to evaluate the permit application. The director of public works will evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment systems or other systems relating to the waste discharge may be required.
   6. Permit Duration: Permits shall be issued for a specified time not to exceed five (5) years. If a permittee is not notified by the District thirty (30) days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification by the district during the life of the permit as requirements identified in Section 14.16.070 of the Fort Bragg Municipal Code and the Fats, Oils, and Grease Control Ordinance change. The permittee shall be informed of any proposed changes in the permit at least thirty (30) days prior to the effective date of change. Any new conditions in the permit shall include a reasonable time schedule for compliance. After 5 years, the permit shall be renewed by submitting a new permit application, however no new application fee shall be assessed.
   7. Permit Fees: Permittees are required to pay a one-time application fee and an annual inspection fee in amounts as established from time to time by resolution of the City Council.  Annual inspection fees may be waived upon demonstration by the permittee that fats, oils, and grease collected in grease interceptors, or alternate approved systems, have been recycled for conversion to biodiesel or other products as approved by the district. Documentation is subject to verification by district staff.
   8. Permit Limitations: Permits shall be issued only for specific uses for specific operations. As a result of any sale, lease, or transfer of the premises for which the permit was issued, a new permit shall be required. Any new or changed conditions of operation shall also require that a new permit be issued.
   9. Permit Revocation: The permit may be revoked by the director of public works if the permittee is found to be in violation of this chapter and who:
      1. Fails to install grease pretreatment devices as required by the permit;
      2. Fails to fulfill reporting requirements or pretreatment maintenance as required by the permit;
      3. Refuses reasonable access to the permittee's premise for the purpose of inspection or monitoring;
      4. Violates conditions of the permit.
   10. All permittees shall engage in Best Management Practices, as outlined in documentation provided to the permittee by the district with the Food Establishment Wastewater Discharge Permit application.
   11. Additional Fees: Until an existing facility demonstrates compliance with this ordinance, an increased inspection fee will be charged to the business's sewer bill on an annual basis. Fees will be assessed starting one year after this ordinance goes into effect. Upon demonstration of compliance, the additional fee will be removed from future sewer bills. During the first year of noncompliance, the inspection fee will be in an amount as established by resolution of the City Council, and the next year the fee will increase. For each additional year of noncompliance, the fee will increase by an amount as established from time to time by resolution of the City Council until the fifth year when the fee will be five times the original inspection fee. If businesses are not in compliance within the five year period, the fee paid in the fifth year will continue to be charged to the sewer bill, and additional disciplinary action will be taken by the City per Chapter 14.36, Sanitary Code Enforcement, of the Fort Bragg Municipal Code.
3. Food Service Establishment Wastewater Discharge Permit Requirements:

   All permitted food service establishments discharging wastewater to the Fort Bragg Municipal Improvement District No. 1 sanitary sewer collection system are subject to the following requirements:

   1. Grease Interceptor Requirements: All permitted food service establishments are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this ordinance. All grease interceptors must meet the requirements of the Uniform Plumbing Code.
   2. Implementation: All new food service establishment facilities are subject to grease interceptor requirements. All such facilities must obtain approval from the public works director/district engineer for grease interceptor sizing prior to issuance of a building permit. All grease interceptors shall be easily accessible for cleaning and inspection. Existing facilities applying for a building permit, as required to complete planned modifications, will be required to comply with the grease inceptor requirements. These facilities must obtain approval from the public works director/district engineer for grease interceptor sizing prior to issuance of a building permit.
   3. Variance from Grease Interceptor Requirements: Grease interceptors required under this Ordinance shall be installed unless the public works director/district engineer authorizes the installation of an indoor grease trap or other alternative pretreatment technology and determines that the installation of a grease interceptor would not be feasible. The food service establishment bears the burden of demonstrating that the installation of a grease interceptor is not feasible. The public works director/district engineer may authorize the installation of an indoor grease trap where the installation of a grease interceptor is not feasible due to space constraints or other considerations. If an establishment believes the installation of a grease interceptor is infeasible, because of documented space constraints, the request for an alternative grease removal device shall contain the following information:
      1. Location of sewer main and easements in relation to available exterior space;
      2. General information about existing plumbing at the site.
4. Wastewater Discharge Limitations:
   1. No user shall allow wastewater discharge concentration from subject grease interceptor, grease trap or alternative pretreatment technology to exceed 600 mg/L, as defined by method EPA test method 1664 or 600 mg/L, as identified by method EPA test method 413.
5. Grease Interceptor Requirements:
   1. Grease interceptor sizing and installation shall conform to the current edition of the Uniform Plumbing Code.
   2. Grease interceptors shall be constructed in accordance with design approved by the public works director/district engineer and shall have a minimum of two compartments with fittings designed for grease retention.
   3. Grease interceptors shall be installed at a location where it shall be easily accessible for inspection, cleaning, and removal of intercepted grease. The grease interceptor may not be installed in any part of the building where food is handled. Location of the grease interceptor must meet the approval of the public works director/district engineer.
   4. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain Minimum Design Capability or effective volume. These devices should be inspected at least monthly by the user. Users who are required to maintain a grease interceptor shall:
      1. Provide for a minimum hydraulic retention time in accordance with the Uniform Plumbing Code;
      2. Remove any accumulated grease cap and sludge pocket as required. Grease interceptors shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle into this pocket and thereby reduce the effective volume of the device.
   5. The user shall maintain a written record of inspection and maintenance for 3 years. All such records will be made available for on-site inspection by representatives of the Fort Bragg Municipal Improvement District No. 1 during all operating hours.
   6. Sanitary wastes are not allowed to be connected to sewer lines intended for grease interceptor service.
   7. Except as provided herein, for a period of one year following the effective date of this ordinance, although installation of grease interceptors will be required, no enforcement actions will be taken under this ordinance for failure to achieve limits on grease discharges from grease interceptors. If, during this one year period an obstruction of a sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that said overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of grease in the sewer main(s), the Fort Bragg Municipal Improvement District No. 1will take appropriate enforcement actions, as stipulated in the Sanitary Code Enforcement Chapter (14.36) of the Fort Bragg Municipal Code, against the generator or contributor of such grease.
   8. Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow and infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.
6. Grease Trap Requirements:
   1. Upon approval by the public works director/district engineer, a grease trap complying with the provisions of this section must be installed in the waste line leading from sinks, drains, and other fixtures or equipment in food service establishments where grease may be introduced into the drainage of the sewage system in quantities that could effect line stoppage or hinder sewage treatment or private sewage disposal.
   2. Grease traps sizing and installation shall conform to the Uniform Plumbing Code.
   3. No grease trap shall be installed which has a stated rate flow of more than fifty-five (55) gallons per minute, nor less than twenty (20) gallons per minute, except when specially approved by the public works director/district engineer.
   4. Grease traps shall be maintained in efficient operating conditions by periodic removal of the accumulated grease. No such collected grease shall be introduced into any drainage piping, or public or private sewer.
   5. No food waste disposal unit or dishwasher shall be connected to or discharged into any grease trap.
   6. Wastewater in excess of one hundred-forty (140°F) / (60°C) shall not be discharged into a grease trap.
   7. Except as provided herein, for a period of one year following the effective date of this ordinance, although installation of grease traps will be required, no enforcement actions will be taken for failure to achieve limits on grease discharges from the facility. If, during this one year period an obstruction of a sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that said overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of grease in the sewer main(s), the Fort Bragg Municipal Improvement District No. 1 will take appropriate enforcement actions, as stipulated in the Sanitary Code Enforcement Chapter (14.36) of the Fort Bragg Municipal Code, against the generator or contributor of such grease.
7. Inspections:
   1. All grease interceptors, grease traps, or other designated means for limiting discharges of fats, oils, and grease into the sanitary sewer system, shall be subject to unannounced annual inspections conducted by district staff.

(Ord 871 §21, 2008; Ord. 837 §2, 2003.)

14.16.120   Preliminary treatment of wastes.

1. The admission into the public sewers of any waters or wastes having
1. A five-day Biochemical Oxygen Demand greater than three hundred parts per million by weight; or
2. Containing more than three hundred fifty parts per million by weight of suspended solids; or
3. Containing any quantity of substance having the characteristics described in Section 14.16.090; or
4. Having an average daily flow greater than two percent of the average daily sewage flow of the district, shall be subject to the review and approval of the manager.
2. Where necessary in the opinion of the manager, the owner shall provide, at his expense, such preliminary treatment as may be necessary to
1. Reduce the Biochemical Oxygen Demand to three hundred parts per million and the suspended solids to three hundred fifty parts per million by weight; or
2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 14.16.090; or
3. Control the quantities and rates of discharge of such waters or wastes.

Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the manager and of the Water Pollution Control Commission of the State of California and no construction of such facilities shall be commenced until the approvals are obtained in writing. (Ord. 405 §706, 1972.)

14.16.130   Maintenance of pretreatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 405 §707, 1972.)

14.16.140   Control manholes.

When required by the manager the owner of any property served by the side sewer carrying industrial wastes shall install a suitable control manhole in the side sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 405 §708, 1972.)

14.16.150   Measurements and tests.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with standard methods, current edition, and shall be determined at the control manhole provided for in Section 14.16.140, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. (Ord. 405 §709, 1972.)

14.16.160   Special agreements.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the district and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the district for treatment, subject to payment therefor by the industrial concern and subject to such terms and conditions as might be required by district. (Ord. 405 §710, 1972.)

14.16.170   Swimming pools.

It is unlawful for any person to discharge the contents of a swimming pool into a sanitary sewer except in the manner specified in this chapter. The size of pipe carrying discharge water shall not be larger than two inches and shall not be under a head to exceed twenty feet. If the water is discharged by pumping, the rate of flow shall not exceed one hundred gallons per minute. Each swimming pool discharging to a sanitary sewer shall be equipped with an approved separator to preclude any possibility of a backflow of sewage into the swimming pool or piping system. (Ord. 405 §711, 1972.)

14.20.010   Sewer not available.

Where a public sewer is not available under the provisions of Section 14.16.050, the building, sewer shall be connected to a private sewage disposal system, complying with the provisions of Chapters 14.08 through 14.36. (Ord. 405 §401, 1972.)

14.20.020   Permit required.

Before commencement of construction of a private sewer disposal system the owner shall first obtain a written permit signed by the manager. The application for such permit shall be made on a form furnished by the district, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the manager. A permit and inspection fee shall be paid to the district at the time application is filed in accordance with the provisions of Chapter 14.24. (Ord. 405 §402, 1972.)

14.20.030   Inspection required.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the district inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the district inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight hours, Saturdays, Sundays and holidays exclude, of the receipt of the notice by the district inspector. (Ord. 405 §403, 1972.)

14.20.040   Design requirements.

The type, capacities, locations and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or any stream or watercourse. (Ord. 405 §404, 1972.)

14.20.050   Abandonment of facilities.

At such time as the public sewer becomes available to a property served by a private sewer disposal system, and connection is required as provided in Section 14.16.050, a direct connection shall be made to the public sewer in compliance with Chapters 14.08 through 14.36 and rules and regulations of the district. Any septic tank, cesspools or similar private sewage disposal facilities shall be abandoned and filled with suitable material as determined by the district inspector. (Ord. 405 §405, 1972.)

14.20.060   Cost of maintenance by owner.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the district. (Ord. 405 §406, 1972.)

14.20.070   Additional requirements.

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by any law, ordinance, rule or regulation or by the health officer of the county. (Ord. 405 §407, 1972.)

14.24.010   Permit required.

No unauthorized person shall uncover, make any connection with, or opening into, use, alter, or disturb any public sewer or appurtenance or perform any work on any lateral or building sewer without first obtaining a written permit from the district. (Ord. 405 §801, 1972.)

14.24.020   Application for permit.

Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the district for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The manager may require plans, specifications or drawings and such other information as he may deem necessary.

If the manager determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in compliance with the ordinances, rules and regulations of the district, he shall issue the permit applied for upon payment of the required fees as hereinafter fixed. (Ord. 405 §802, 1972.)

14.24.030   Compliance with permit.

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the district, the manager or other authorized representatives. (Ord. 405 §803, 1972.)

14.24.040   Agreement.

The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this chapter and Chapters 14.08 through 14.20 and Chapters 14.28 through 14.36 and other ordinances, rules and regulations of the district, and with such corrections or modifications as may be made or permitted by the district, if any. Such agreement shall be binding upon the applicant and may be altered only by the district upon the written request for the alteration from the applicant. (Ord. 405 §804, 1972.)

14.24.050   Fees - Annexation charges.

The owner or owners of lands within areas to be annexed to the district shall pay to the district, prior to the final hearing on the proposed annexation, an amount to be fixed by the district board which shall equal the engineering, legal and publication costs and all other charges which may be incurred by the district in preparing and examining the maps, legal descriptions and other documents in relation thereto, and other expenses regularly incurred in connection therewith. (Ord. 405 §805, 1972.)

14.24.060   Capacity charges and connection fees.

The owner or owners of lands within the service area of the Fort Bragg Municipal Improvement District shall pay to the district, prior to the issuance of a permit to connect any portion of the property to the sanitary sewer system of the district, a capacity charge. The purpose of the capacity charge is to assure that there will be sufficient funding for improvements to the district sewer system necessitated by increased flows of sewage resulting from new connections to the district sanitary sewage system.

1. Capacity charges.
1. Capacity charges collected shall be used for facilities in existence at the time a charge is imposed or for new facilities to be constructed in the future that are of benefit to the person being charged.
2. Capacity charges shall be established and fixed by resolution of the Fort Bragg Municipal Improvement District Board.
3. Capacity charges shall be adjusted annually by an increment based on the change in the Engineering News-Record 20-City Construction Cost Index over the prior year.
2. Connection Fees.
1. In addition to the capacity charges established by this section, the following connection fees shall be paid to the district by the owner or owners of the affected property prior to the issuance of a permit to connect any portion of a property to the sanitary sewer system. The purpose of the connection fee is to recover the cost to the district of providing a lateral stub-out from an existing sewer main.
2. Connection fees shall be established and fixed by resolution of the Fort Bragg Municipal Improvement District Board.
3. Connection fees shall be adjusted annually by an increment based on the change in the Engineering News-Record 20-City Construction Cost Index over the prior year.

(Ord. 864 §12, 2007; Ord. 832, 2001; Ord. 831 §2, 2000; Ord. 722 §1, 1991; Ord. 652, 1985; Ord. 614, 1984; Ord. 581 §§1,2, 1982; Ord. 548 §1, 1981; Ord. 405 §806, 1972.)

14.24.110   Sewer use charges.

1. The board of directors of the district and city council find that the operation and maintenance cost for the district for which sewer use fees are utilized, are not discriminatory or excessive and are directly related to actual cost of providing sewer service by the district. Any person(s), business, or other entity receiving sewer service from the district shall pay a sewer use rate as established and fixed from time to time by resolution of the district board at any duly noticed regular meeting of the district board.
2. Strength Factor.
   1. Strength factors are based upon the levels of Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) that a user discharges into the district’s sanitary sewer system. Sewer use fees for a given commercial user are determined from the strength factor. Strength factors and sewer use fees are calculated as follows:

       

      Strength factor = 0.34 + (0.33)(BOD/200) + (0.33)(TSS/200)
      Sewer use fee = (strength factor) x (base rate/100 ft³) x (ft³ of water used)

       

      Strength factors and the associated BOD and TSS levels for specific types of businesses are outlined in the table below:

1. Commercial sewer users not appearing in the above table may apply to the district manager for classification of their facility. Sewer users wishing to demonstrate a lower strength factor may also apply to the district manager for reclassification.

   Newly calculated strength factors shall be based upon a minimum of four composite samples collected during the user’s hours of operation. These four samples will be collected over a thirty (30) day period. In cases where a user is in continuous operation, newly calculated strength factors shall be based upon a minimum of four twenty-four (24) hour composite samples collected over a thirty (30) day period. Upon request, a portion of all samples will be made available to the user. Sampling and strength factor determinations will be made by the district at the expense of the user.

2. Use of Fees. Revenues collected from sewer use fees shall not be used for capital expansion, but may be used for operation and maintenance costs including:
   1. Expenses for salaries, supplies and materials associated with the operation and maintenance of the collection, treatment and management functions of the wastewater system;
   2. Equipment repair and replacement;
   3. Upgrading of existing facilities to improve efficiency and/or the quality of wastewater treatment;
   4. Replacement of existing structures and facilities due to wear and tear, including the establishment of a depreciation reserve fund;
   5. Payment of debt service.
   (Ord. 875 §74, 2008; Ord. 842, 2004; 814 §1, 1999; Ord. 791 §1, 1996; Ord. 784 §1, 1995; Ord. 756 §1, 1993; Ord. 739 §1, 1992; Ord. 726 §1, 1991; Ord. 717 §1, 1990; Ord. 659 §1, 1986; Ord. 581 §3, 1982; Ord. 548 §3, 1981; Ord. 528 §1, 1979; Ord. 510 §§2,3, 1981; amendment dated 5-24-76; Ord. 405 §807, 1972.)

    

   
   

   ---

   [1] BOD shall be defined as Biochemical Oxygen Demand measured in milligrams per liter

   [2] TSS shall be defined as Total Suspended Solids measured in milligrams per liter

14.24.115   Separate sewer service when possible.

Each separate ownership shall have separate sewer service, and if one owner has several contiguous properties, each property shall have separate sewer service whenever it is possible to divide and sell the property in accordance with Title 18. In all cases where one sewer lateral serves one or several properties under one ownership, and where there is no water service, the owner shall pay the sewer bill and not the renters or lessees. (Ord. 809 §1, 1998)

14.24.120   Sewer billing - Delinquent account - Service shutoff for nonpayment - Penalty charge.

In the event that a consumer does not request a hearing or does request a hearing and the matter is finally decided against the consumer, sewer service shall be shut off to the consumer unless the delinquent account is paid in full within fifteen (15) days from the date of mailing of the City Manager’s decision if a hearing is held but no appeal is filed or five (5) days after the decision on an appeal by the City Council, if an appeal is taken. Pursuant to the authority of Government Code Section 54538, in addition to the delinquent principal amount, a penalty of five percent (5%) shall be added thirty (30) days from the billing date, said billing date occurring in the last week of odd-numbered months. With respect to all accounts thereafter, with a balance of $5.00 or more, the penalty of five percent (5%) will be automatically added. Consumers will then have fifteen (15) days from the postmark of the reminder notice, to pay said accounts in full, or service will be terminated. Upon termination of service, in addition to the penalties set forth herein, all delinquent principal and penalties shall bear interest at the rate of one-half percent (½%) per month, until paid. (Ord. 875 §75, 2008; Ord. 710 §2, 1990.)

14.24.122   Applicants - Credit establishment - Requirements.

Each applicant for sewer service will be required to satisfactorily establish credit. Credit will be deemed established as follows:

1. If the applicant is the legal owner of the property to be served and there are no delinquent taxes, assessments or liens outstanding against the property;
2. If the applicant makes a cash deposit in the amount specified in Section 14.24.124;
3. If the applicant furnishes a sufficient guarantee executed by a corporate or individual surety acceptable to the director of finance to secure payment;
4. If the applicant has previously paid all sewer bills for sewer service previously supplied by the district to applicant;
5. If the applicant has sufficient established credit references which, in the opinion of the director of finance, warrant establishment of sewer service without cash deposit or guarantee.

(Ord. 795 §2(part), 1996.)

14.24.124   Applications - Credit establishment - Cash deposit.

1. The amount of the cash deposit set forth in Section 14.24.122 to establish credit for water service for residential accounts shall be no more than twice the amount of the estimated average periodic bill or, in the event monthly billing is instituted, no more than three times the estimated average monthly bill. The amount of cash deposit for commercial accounts shall be at the discretion of the director of finance.
2. Upon discontinuance of sewer service, the District will refund the cash sewer deposit in excess of any unpaid amount owned the district. Credit must be reestablished under the following conditions:
1. In the event sewer is shut off;
2. Where more than two notices of delinquency are sent to a customer within a one-year period unless such notice is set erroneously or the amounts alleged to be due from the consumer in the notice are determined not to be due to the district.
3. In the event a consumer of an owner occupied resident or business pays all sewer bills owed to the district within a two-year period, any cash deposit held by the District shall be refunded.

(Ord. 795 §2(part), 1996.)

14.24.126   Process for handling of unpaid bills.

1. All unpaid delinquent sewer bills for service shall be referred to a collection agency after closing the account and applying any security deposit on file with the city.
2. In the event the collection agency is unsuccessful in collection of the sewer bill, the bill for service shall be a lien on the property served with the sewer and shall be collected and enforced in the same manner that unpaid city taxes on the property are collected and enforced.

(Ord. 864 §13, 2007.)

14.24.130   Flow of wastewater.

Unless separately metered, wastewater or sewage flow to the sewer system shall be equal to sixty-five percent of the freshwater metered into the commercial or industrial or public property. Said properties may upon application to and with the approval of the district manager, and at the expense of the property owner, install and maintain in a satisfactory condition a flow measuring device for the purpose of determining actual quantities of wastewater or sewage discharged into the sewer system. Wastewater or sewage flow to the sewer system may also be determined by applying a different percentage rate to the metered freshwater when it can be shown that a significant quantity of water is lost in the commercial or industrial process or by irrigation. Such applied percentage rate must be approved in writing by the district manager. Where no freshwater meter exists, the district manager shall establish the quantity of wastewater or sewage flow to the sewer. (Ord. 514 §1, 1979; amendment dated 5-24-76; Ord. 405 §807(B), 1972.)

14.24.150   Septic tank dump fees.

Haulers of septic tank and chemical toilet waste shall pay to the district a fee for each load or part thereof of septic tank wastes unloaded at the treatment plant in an amount as established from time to time by resolution of hte City Council. (Ord. 871 §22, 2008; Ord. 848 §1, 2005.)

14.24.160   Monthly sewer use fees.

Monthly sewer use fees shall be paid to the district beginning ninety days after the connection fee is paid or at the time actual connection to the sewer system is established, whichever is earlier. (Amendment dated 5-24-76; Ord. 405 §807(E), 1972.)

14.24.170   Extension of service.

Service shall be extended only to those lots or parcels of land within the district, or which are within an area to be annexed to the district. (Amendment dated 5-24-76; Ord. 405 §807(F), 1972.)

14.24.190   Fees - Permit and inspection.

Permit and inspection fees are established and amended from time to time by resolution of the City Council.  (Ord. 871 §23, 2008; Ord. 581 §4, 1982; Ord. 548 §7, 1981; Ord. 405 §808, 1972.)

14.24.200   Bond - Public sewer construction.

Prior to the issuance of a permit for public sewer construction the applicant shall furnish to the district a faithful performance bond or cash in the amount of the total estimated cost of the work. The bond is to be secured by a surety or sureties satisfactory to the district. The cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of one year after the date of acceptance of the work. (Ord. 405 §809, 1972.)

14.24.210   Disposition of fees.

All fees collected on behalf of the district shall be deposited with the proper authority provided by the district to receive such funds. (Ord. 405 §810, 1972.)

14.24.220   All work to be inspected.

All sewer construction work, building sewers, plumbing and drainage systems shall be inspected by an inspector acting for the district to insure compliance with all requirements of the district. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the district's public sewer until the work covered by the permit has been completed, inspected and approved by the district inspector. If the test proves satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the inspector shall issue a certificate of satisfactory completion. (Ord. 405 §811, 1972.)

14.24.230   Notification for inspection.

It shall be the duty of the person doing the work authorized by permit to notify the office of the district in writing that the work is ready for inspection. Such notification shall be given not less than twenty-four hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by the district, before giving the above notification. (Ord. 405 §812, 1972.)

14.24.240   Condemned work.

When any work has been inspected, the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the district. (Ord. 405 §813, 1972.)

14.24.250   All costs paid by owner.

All costs and expenses incidental to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the district from any loss or damage that may directly or indirectly be occasioned by the work. (Ord. 405 §814, 1972.)

14.24.290   Street excavation permit.

A separate permit must be secured from the City or County by owners or contractors  intending to excavate in a public street for the purpose of installing sewers or making sewer connections. (Ord. 875 §76, 2008; Ord. 405 §818, 1972.)

14.24.300   Liability.

The district and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall save the district and its officers, agents and employees harmless from any liability imposed by law upon the district or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. (Ord. 405 §819, 1972.)

14.24.310   Time limit on permits.

If work under a permit is not commenced within six months from the date of issuance or if after partial completion, the work be discontinued for a period of one year, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon issuance of the new permit. (Ord. 405 §820, 1972.)

14.24.320   Annexation - Buy-in fee - Payment required.

In addition to the annexation charges set forth in Section 14.24.050, the following buy-in fee shall be paid by each property owner of land within areas to be annexed to the Fort Bragg Municipal Improvement District. This fee shall be paid to the district over a three-year period in equal annual installments. If annexation to the district is not completed, any fee paid shall be returned to the property owner. (Ord. 522 §2, 1979.)

14.24.330   Annexation - Buy-in fee - Amount.

The annexation buy-in fee shall be an amount equal to what the property owner would have paid for that portion of taxes to the county tax collector attributable to the Fort Bragg Municipal Improvement District had the land which is the subject of the annexation been within the boundaries of the Fort Bragg Improvement District from its formation. This sum shall be calculated at the tax rate and assessed value of the land existing for each year from the formation of the district to the date of actual annexation to the district. That portion of the buy-in fee pertaining to the year of annexation shall be prorated, if applicable, based upon the date of completion of annexation proceedings to the district. (Ord. 522 §3, 1979.)

14.24.340   Annexation- Buy-in fee - Additional to other sewer fees.

The fee established by Sections 14.24.320 and 14.24.330 is in addition to any other sewer fee or charge established by ordinance or resolution. (Ord. 522 §4, 1979.)

14.24.350   Annexation - Buy-in fee - Calculation.

The buy-in fee established by Sections 14.04.320 and 14.24.330 (subject to adjustment based on the date of completion of annexation proceedings) shall be calculated by the director of finance and provided to applicants for annexation to the district within thirty days of filing of an annexation application with the district clerk. (Ord. 522 §6, 1979.)

14.24.360   Annexation - No guarantee to property owner of sewer service.

Annexation to the district does not guarantee the property owners of the annexed lands that the district has the capability of immediately serving the sewage demands of the annexed area. (Ord. 522 §5, 1979.)

14.28.010   Permit required.

In accordance with Chapter 14.24, no person shall construct a building sewer, lateral sewer, or make a connection with any public sewer without first obtaining a written permit from the district and paying all fees and connection charges as required therein. (Ord. 405 §501, 1972.)

14.28.020   Construction requirements.

Construction of building sewers and lateral sewers shall be in accordance with the requirements of the County of Mendocino and the requirements of the district. In case of conflict, the more stringent shall apply. (Ord. 405 §502, 1972.)

14.28.030   Minimum size and slope.

The minimum size of a building sewer shall be four inch diameter. The minimum slope of a building sewer shall be one and one-half feet per one hundred feet (1.5 percent slope). Not more than one hundred fifty fixture units shall be connected to a four-inch diameter building or side sewer. (Ord. 405 §503, 1972.)

14.28.040   Separate sewers.

No two adjacent buildings fronting on the same street shall be permitted to join in the use of the same side sewer. Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street property. However, one or more buildings located on property belonging to the same owner may be served with the same side sewer during the period of the ownership. Upon the subsequent subdivision and sale of a portion of said lot the portion not directly connected with such public sewer shall be separately connected with a public sewer, and it shall be unlawful for the owner thereof to continue to use or maintain such indirect connection. (Ord. 405 §504, 1972.)

14.28.050   Old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, upon examination and test by the district inspector, to meet all requirements of district. (Ord. 405 §505, 1972.)

14.28.060   Cleanouts.

Cleanouts in building sewers shall be provided in accordance with the rules, regulations and ordinances of the district. All cleanouts shall be maintained watertight. (Ord. 405 §506, 1972.)

14.28.070   Sewer too low.

In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the manager and discharged to the public sewer at the expense of the owner. (Ord. 405 §507, 1972.)

14.28.080   Connection to public sewer.

The connection of the building sewer into the public sewer shall be made at the lateral or Y branch, if such lateral or Y branch is available at a suitable location. Where no properly located Y branch is available, a neat hole may be cut into the public sewer to receive the building or lateral sewer, with entry in the downstream direction at an angle of about forty-five degrees. A Wye saddle shall be used for the connection and in no case shall the pipe protrude inside the main sewer. The invert of the building or lateral sewer at the point of connection shall be at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. The connection to the public sewer shall be made in the presence of the district inspector and under his supervision and direction. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the district inspector. (Ord. 405 §508, 1972.)

14.28.090   Protection of excavation.

All excavations for a side sewer installation shall be adequately guarded with barricades or lights so as to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satisfactory to the district and the county or any other person having jurisdiction thereover. (Ord. 405 §509, 1972.)

14.28.100   Maintenance of side, building and lateral sewers.

The maintenance of all side sewers, building sewers and lateral sewers located within the public street, alley or other public right-of-way is the responsibility of the city. If more than one blockage or failure of the lateral sewer located within the public street, alley or other public right-of-way occur in any calendar year, and caused by: 1) an accumulation of grease, 2) an accumulation of fish processing residues or packaging materials, or 3) damage caused by the owner or occupant of the property served the cost of subsequent blockage clearing or failure repair shall be the responsibility of the owner of the property served. (Ord. 727 §1, 1991; Ord. 405 §510, 1972.)

14.28.110   Testing.

All building sewers and lateral sewers shall be tested in the presence of the district inspector by filling the line with water and inspecting for excessive leakage. Fittings, plugs, water and labor for testing shall be furnished by the person constructing the sewer. All lines showing excessive leakage shall be repaired or replaced at the expense of the person doing the work and shall be done at the direction and to the satisfaction of the district inspector. (Ord. 405 §511, 1972.)

14.32.010   Permit required.

In accordance with Chapter 14.24, no person shall construct, extend or connect to any public sewer without first obtaining a written permit from the district and paying all fees and connection charges and furnishing bonds as required therein. This section shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the district. (Ord. 405 §601, 1972.)

14.32.020   Plans, profiles and specifications required.

The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of district, prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application together with the plan, profiles and specifications shall be examined by the district engineer who shall within ten days approve them as filed or require them to be modified as he deems necessary for proper installation. After examination by the district engineer, the application, plans, profiles and specifications shall be submitted to the board at its next regular meeting for its consideration. When the board is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees, and furnishing bonds as required by the district. The permit shall prescribe such terms and conditions as the board finds necessary in the public interest. (Ord. 405 §602, 1972.)

14.32.030   Subdivisions.

The requirements of Sections 14.32.010 and 14.32.020 shall be fully complied with before any final subdivision map shall be approved by the board. The final subdivision map shall provide for the dedication for public use of streets, easements or rights-of-way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the sanitary board may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. (Ord. 405 §603, 1972.)

14.32.040   Easements or rights-of-way.

In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the board a proper easement or grant of right-of-way sufficient in law to allow the laying and maintenance of such extension or connections. (Ord. 405 §604, 1972.)

14.32.050   Persons authorized to perform work.

Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the district. All terms and conditions of the permit issued by the district to the applicant shall be binding on the contractor. The requirements of this section shall apply to side sewers installed concurrently with public sewer construction. (Ord. 405 §605, 1972.)

14.32.060   Grade stakes.

Grade and line stakes shall be set by a licensed land surveyor or registered civil engineer authorized to practice land surveying prior to the start of work on any public sewer construction. The contractor shall be responsible for accurately transferring grades to grade bars and sewer invert. (Ord. 875 §76, 2008; Ord. 405 §606, 1972.)

14.32.070   Compliance with local regulations.

Any person constructing a sewer within a street shall comply with all state, county or city laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit by the district. (Ord. 405 §607, 1972.)

14.32.080   Protection of excavation.

The applicant shall maintain such barriers, lights and signs as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be encountered as a result thereof. He shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the district and the county or any other person having jurisdiction thereover. (Ord. 405 §608, 1972.)

14.32.090   Design and construction standards.

Minimum standards for the design and construction of sewers within the district shall be in accordance with the specifications for sewer construction heretofore or hereafter adopted by the district, copies of which are on file in the district office. The district engineer may permit modifications or may require higher standards where unusual conditions are encountered.

"As-built" drawings showing the actual location of all mains, structures, Y's and laterals shall be filed with the district before final acceptance of the work. (Ord. 405 §609, 1972.)

14.32.100   Completion of sewer required.

Before any acceptance of any sewer line by the district and prior to the admission of any sewage into the system, the sewer line shall be tested and shall be complete in full compliance with all requirements of the specifications for sewer construction and to the satisfaction of the district engineer. (Ord. 405 §610, 1972.)

14.36.010   Violation.

Any person found to be violating any provision of Chapters 14.08 through 14.32 or any ordinance, rule or regulation of the district shall be served by the manager or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The time limit shall not be less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or any other ordinance, rule or regulation of the district. Upon being notified by the manager of any defect arising in any sewer or of any violation of this ordinance, the person or persons having charge of the work shall immediately correct the same. (Ord. 405 §901, 1972.)

14.36.020   Public nuisance when.

Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of the ordinance codified herein or any other ordinance, rule or regulation of the district is declared to be a public nuisance. The district may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. (Ord. 405 §902, 1972.)

14.36.030   Disconnection.

As an alternative method of enforcing the provisions of the ordinance codified herein or any other ordinance, rule or regulation of the district, the manager shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the district. Upon disconnection the manager shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The manager shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 405 §903, 1972.)

14.36.040   Public nuisance - Abatement.

During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the district shall cause proceedings to be brought for the abatement for the occupancy of the premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the district a reasonable attorney's fee and cost of suit arising in the action. (Ord. 405 §904, 1972.)

14.36.050   Means of enforcement only.

The district declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinance, rules and regulations, and not as a penalty. (Ord. 405 §905, 1972.)

14.36.060   Misdemeanor.

1. Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12. The District declares that for enforcement purposes of its ordinances and regulations, it is a District within the definition of Health and Safety Code Section 6400, and that collections for violations of ordinances or regulations of the Fort Bragg Municipal Improvement District No. 1 shall be as set forth in Health and Safety Code Section 6523, as amended.
2. In addition to the punishment set forth in Health and Safety Code Section 6523, as amended, a condition caused or permitted to exist in violation of any provision of this ordinance is a public nuisance and the city and/or Fort Bragg Municipal Improvement District No. 1 may abate the nuisance as provided by law.

(Ord. 874 §34, 2008; Ord. 643 §§9,10, 1985.)

14.38.010   Definition.

"Condominium" means a building or series of buildings divided into separate ownership units as defined by Civil Code Section 783. (Ord. 541 §2, 1980.)

14.38.020   Intent.

The intent of this chapter is to clearly express that condominiums as defined by Civil Code Section 783 shall be treated as separate ownership units for purposes of Title 14 of this code. (Ord. 541 §3, 1980.)

14.38.030   Water meters.

In accordance with Section 14.04.170 of this code, each condominium shall be separately metered for water. (Ord. 541 §4, 1980.)

14.38.040   Sewer connections.

The sewer connection charges set forth in Section 14.24.060 of this code shall be applicable to each condominium unit. (Ord. 541 §4, 1980.)

14.40.010   Definitions.

Septage is defined as sewage, liquid or solid, waste or chemical, debris, garbage, effluent or contaminated or putrid material, whether liquid or solid. (Ord. 643 §1, 1985.)

14.40.020   Sewage collection system - Unlawful entry.

It is declared to be unlawful for any person, firm, corporation or partnership, other than district or city employees in the official performance of their duties, to open or cause to be opened any manhole, cover or other device which would allow entry of any persons, equipment or materials (including liquid) into the district/city sewage collection system. (Ord. 643 §2, 1985.)

14.40.030   Sewage collection system - Unlawful discharge.

It is declared to be unlawful for any person, firm, corporation or partnership to discharge or cause to be discharged into the district/city sewage collection system through any device allowing entry any waste, liquid or solid, waste or chemical, debris, garbage, effluent, septage, or contaminated or putrid material, whether liquid or solid. It is unlawful to discharge into the collection system any waste as described above from any holding vessel (tank) mounted on or about any vehicle, or trailer into any point in the district/city sewage collection system other than at:

1. A permanent disposal site (R-V dump station) approved by the district or city;
2. Other site as-designated with prior approval of the district/city-manager.

(Ord. 643 §3, 1985.)

14.40.040   Sewage collection system - Portable waste facility disposal.

It is declared to be unlawful for any person, firm, corporation or partnership to discharge or cause to be discharged into the district/city collection system by means of direct disposal or through any R-V dump site any material from any portable waste facility or facilities such as:

1. Portable outhouses;
2. Any collection facility designed and used as a sanitation facility for public use;
3. Any such facility that is of commercial nature, i.e., rented, leased, sold or by other means gain a profit of any nature to persons or persons responsible for their existence.

Any waste from such facilities shall be considered as septage. (Ord. 643 §4, 1985.)

14.40.050   Unlawful dumping - Outside boundary source - District treatment plant.

It is declared to be unlawful for any person, firm, corporation or partnership to dump septage originating from a source outside the boundaries of the Fort Bragg Municipal Improvement District No. 1 into the district's sewer treatment plant unless such dumpage is specifically allowed by minute order, resolution or ordinance of the board of directors of this district. (Ord. 643 §5, 1985.)

14.40.060   Unlawful dumping - Outside boundary source - Septic tanks, cesspools, etc.

It is declared to be unlawful for any person, firm, corporation or partnership to dump septage originating from a source outside the boundaries of the Fort Bragg Municipal Improvement District No. 1 into any septic tank, cesspool, sewage disposal unit or in-site wastewater disposal system as defined by Health and Safety Code Section 6952 within the boundaries of the district; excepting only such dumpage as is allowed by the board of directors directly into the district's sewage treatment plant pursuant to minute order, resolution or order of the board as set forth in Section 14.40.040. (Ord. 643 §6, 1985.)

14.40.070   Refusal of dumping privileges.

The treatment plant superintendent shall have the authority to refuse dumping privileges to any person, firm, corporation or partnership if he has reasonable cause to believe that the septage proposed to be dumped into the district's sewage treatment plant originated from a source outside the district's boundaries and is not a load specifically authorized by the board of directors of the district. The treatment plant superintendent may require any person, firm, corporation or partnership requesting to dump septage into district facilities to execute a statement, under oath, to verify the origin of the load proposed to be dumped. (Ord. 643 §7, 1985.)

14.40.080   Authority for sanctions for violation.

The district declares that this chapter is required for the protection of the public health and not as a penalty. The district declares that the Sanitary District Act of 1923 (Health and Safety Code Section 6400, et seq.) provides the authority for sanctions for violation of district regulations or ordinances. (Ord. 643 §8, 1985.)

1. For statutory provisions relating to municipal sewer districts, see Health & Safety Code §4600 et seq.
2. Editor's Note: Exhibit "A" to Ord. 581, "Schedule 1-Characteristic strength and strength factor," is on file in the office of the city clerk.
3. Prior ordinance history: Ord. 544.