HomeMy WebLinkAbout04. Set Public Hearing to Revise District Code re Sewer Service Charge RefundsCentral Contra Costa Sanitary District
BOARD OF DIRECTORS SAT
/ l
POSITION PAPER
Board Meeting Date: December 17, 2015
Subject: SET PUBLIC HEARING FOR JANUARY 28, 2016 TO RECEIVE PUBLIC
COMMENT ON REVISING DISTRICT CODE RELATED TO SEWER
SERVICE CHARGE REFUNDS
Submitted By: Initiating Dept. /Div.:
Thomas Brightbill, Senior Engineer Engineering & Technical Services /
Planning & Development Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Gemmell — Planning & Development Services Division Mgr.
JM. Petit — Director of Engineering & Technical Services Kent Alm Roger S. Bailey
Counsel for the District General Manager
ISSUE: The District Code requires that a public hearing be held prior to Board
consideration of revisions.
BACKGROUND: At a previous meeting of the Finance Committee, the review of a
refund for a sewer service charge prompted a discussion about whether a formal refund
policy was needed. The Committee Members were split about whether such a policy
was needed. Following the Committee meeting, staff reviewed District Code and State
law with District Counsel. Based on these discussions, staff and District Counsel
believe that a revision to District Code would be the best way to address this issue.
Suggested revised wording is set forth in Attachment 1. A graphical summary of the
proposed changes is shown in Attachment 2.
ALTERNATIVES /CONSIDERATIONS: The Board of Directors may choose to establish
the recommended public hearing date or may elect to choose a different date.
FINANCIAL IMPACTS: None by setting the public hearing.
COMMITTEE RECOMMENDATION: This matter was reviewed by the Finance
Committee on December 8, 2015.
RECOMMENDED BOARD ACTION: Set January 28, 2016 at 2:00 p.m. as the date for
a public hearing to consider revising Section 6.24.060 — Credits and adjustments, and
Section 6.24.070 — (Sewer Service Charge) Refunds.
Attached Supporting Document(s):
1. Proposed District Code Section 6.24.070
2. Graphical Summary
Attachment 1
6.24.060 - Credits and adjustments.
A credit or adjustment will be made on a case -by -case basis in accordance with
standard operating procedure.
A ?. For both residential and nonresidential properties, a credit or adjustment may be
given where the property has been permanently disconnected from the sanitary sewer
system in accordance with this code and the standard ,." +vslsoperating
procedures.
BC'. For nonresidential uses, a credit or adjustment may be given where the property
has been vacant for at least a twelve -month period.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.070 - Refunds.
Notwithstanding the limitations in Government Code Section 53082, Wwhen any refund
becomes due and owing by virtue of action of the Board or by virtue of any error made
in ascertaining the charge applicable to any customer, the General Manager is
authorized to make payable such moneys from the specific fund established for the
deposit of sewer service charges, as follows:
A. In the event of an overcharge for sewer services (i.e., cases in which sewer
services were provided, but in an erroneously high amount), all refund claims shall be
limited to a four -year statute of limitations.
B. In the event of a charge for "non- service" (i.e., cases in which no sewer services
were provided to property owners, but were nonetheless inadvertently charged), equity
requires that the District treat property owners fairly and refund claims shall be subject
to the following restrictions, .
1. Fees collected before January 1, 1992, shall be refunded in full to the
party that in fact paid the fees upon the presentation of adequate documentation.
2. Fees collected after January 1, 1992, from a person still residing at the
same location shall be subject to refund starting from the date that the current
property owner acquired the property. to a ene hURdred eighty day statute of
payment.
3. Fees collected after January 1, 1992 from a property owner no longer
residing at the same location shall be limited to a four -year refund and must be
filed within one year of the date of payment.
(Ord. 253 § 1(Exh. A(part)), 2008)s
Four Year
Statute of
Limitations
Before Jan 1,
1992
Full Refund
After Jan 1,
1992
Full Refund to
date Property
was Acquired
4 -Year Refund
and
Must be filed
within 1 -Year
of Payment
Date
4 -Year Refund
and
Must be filed
within 1 -Year
of Payment
Date