Loading...
HomeMy WebLinkAbout03.d. Set Public Hearing to Amend Code re Sewer Service Charge (SCC) RefundsCentral Contra Costa Sanitary District 3.d. ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 7, 2016 Subject: SET PUBLIC HEARING FOR FEBRUARY 4, 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 Se es REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Gemmell — Planning & Development Services Division Mgr. JM. Petit — Director of Engineering & Technical Services Kent Alm Roger S. 13aileA Counsel for the Di ict General Manager ISSUE: The District Code requires that a public hearing be held pkLto-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 believes 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: The Finance Committee reviewed this matter on December 8 and December 22, 2015. The Committee recommended that the Board set the public hearing as proposed. RECOMMENDED BOARD ACTION: Set February 4, 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 C:\Users\CGranzella\NppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\YTOD7IEQ\1-7-2016 Refund of Sewer Service Charges POSITION PAPER.docx 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. A9. 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 sp,&6ifica-tienso_perating procedures. BO. 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), a uit 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 one hundred eighty day stat, ite A 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 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 operating procedures. B. 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, when 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. 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 For Fees Paid Before Jan 1, 1992 Full Refund For Fees Paid After Jan 1, 1992 Full Refund to Date Property was Acq u i red For Fees Paid Before Jan 1, 1992 Full Refund For Fees Paid After Jan 1, 1992 4 -Year Refund and must be filed within 1 -Year of Payment Date For Fees Paid Before Jan 1, 1992 Full Refund For Fees Paid After Jan 1, 1992 4 -Year Refund and must be filed within 1 -Year of Payment Date