13.14.130 Sewer service charge variances permitted when – Application – Contents – Fees.
A. The City Manager shall have the power to establish rules and regulations for the granting of variances from the established sewer service charges; provided, such rules and regulations shall be approved by resolution of the City Council. The City Manager or his/her designee shall have the power to grant variances from established sewer service charge billing categories upon receipt of a variance application as hereinafter provided from the owner or occupant of any premises, and one or more of the following situations exist:
1. Where a nonresidential user’s wastewater contains a total suspended solids concentration sufficiently low as to qualify for a different sewer service charge strength category.
2. Where a substantial portion of the premises of an industrial or commercial establishment is used for industrial, commercial, recreational, horticultural or agricultural purposes of such a nature that the water supplied to such premises is not substantially discharged into the sewer system.
3. Where a residential user (with a separate water meter) has sufficient evidence to prove that his or her average winter consumption (usage from November 1st through April 30th), which forms the basis of their monthly sewer service charge, does not substantially correlate to the amount of sewage discharged into the sewer collection system.
B. The owner or occupant of any premises subject to the sewer service charge may apply in writing to the City Manager for a reclassification of such premises (“variance”) under the provisions of subsections (A)(1), (A)(2) (A)(3) of this section; provided, however, that no rebate upon such reclassification shall be allowed for a period more than 90 days preceding the filing of such application. The City Manager or his/her designee shall render a decision as soon as practical, but not longer than 60 days after receipt of the request for a variance. The applicant shall bear the burden of proof and furnish substantial engineering and factual data to support the applicant’s contention, by clear and convincing evidence, that the premises should be reclassified as provided in this section.
C. The owner or occupant of any premises requesting a variance from the sewer service charges pursuant to the provisions of this section and the rules and regulations approved by resolution of the City Council shall pay the required fee(s) to cover the cost of investigation of said request (if any); provided, however, that no fee shall be charged for a request for total exemption from the sewer service charge. In addition, a special handling charge to cover the cost of billing and inspections to be paid per billing may be established in the resolution granting the variance by resolution of the City Council. (Ord. 2966 § 1, 2004; Ord. 2506 § 1, 1992; Ord. 2466 § 7, 1991; Ord. 2107 § 1, 1985).