TITLE 8 â PUBLIC FACILITIES AND SERVICES CHAPTER 8-1 ...

TITLE 8 – PUBLIC FACILITIES AND SERVICES 

CHAPTER 8-1 

APPLICATION FOR PUBLIC SERVICES 

Section 8-1.01. 







Definitions. 

Application for initial service. 

Application to resume service. 

Payment for previous service required. 

Monthly charge: Billing frequency. 

Single charge for all services. 

Appeals. 


BUILDING NUMBERING 




System designated. 

Display. 

Issuance: Enforcement. 


HISTORICAL LANDMARKS 












Purpose: Authority. 

Landmark Committee established. 

Designation application: Designation and confirmation. 

Places of historical merit. 

Planning commission report and recommendations. 

Standards for designation and for removal of designation. 

Agreement respecting landmark status. 

Guidelines. 

Funding petitions. 

Appeals. 

Remedies. 


PARADES AND ASSEMBLIES 













Definitions. 

Permit required. 

Exemptions. 

Application for permit. 

Criteria for approval or denial. 

Nondiscrimination. 

Notice of Issuance or denial of permit. 

Content of permit. 

City’s traffic control costs to be paid by person or organization responsible for parade 

or assembly. 

Interference with parade or assembly prohibited. 

Prohibitions. 

Violation. 


PIPELINE-EXTENSION BENEFIT AREAS 




Purpose. 

Establishment request. 

Public hearing. 

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Recording of resolution. 

Reimbursement required for development. 


SIDEWALK AND STREET-EDGE MAINTENANCE AND 

IMPROVEMENT 










Purpose. 

Applicability. 

Definitions. 

Maintenance by abutting owners. 

Discharge of water to sidewalks. 

Improvement/encroachment permit. 

Multiple driveway separation. 

Improvement acts unimpaired. 

Modification of requirements. 


STREET GRADES 


Uniform street grade line. 


URBAN FORESTRY 






















Purpose and Goals. 

Definitions. 

Enforcement/Appeals. 

Abutting Owner and Occupant responsibilities. 

Nuisances: Designated. 

Nuisances: Abatement. 

Damage or Injury. 

Construction work: Protection measures. 

Construction work: Displacement of trees. 

Recovery of damages. 

Permit Application: Tree Maintenance. 

Removal of Live Growing Trees. 

Removal of Dead, Diseased, or Structurally Hazardous Trees. 

Replacement Trees. 

Planting of New Trees. 

Topping Prohibited. 

Tree Root Pruning. 

Filled Parkways. 

Historic or Heritage Trees. 

Public Relations and Education. 

Ordinance Valuation. 

APPENDIX - Illustrations A-D 


WATER MAIN EXTENSION BENEFIT DISTRICTS 






Purpose: Qualifications. 

Guidelines and standards. 

Application: Initiation: Contents. 

Application: Filing. 

Payment of reimbursement fee. 

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Expiration. 


WATER SERVICE 

Section 8-10.01. Waterworks fund. 

Section 8-10.02. Separate metered connections. 

Section 8-10.03. Service line installation. 

Section 8-10.04. Connections: Ownership: Maintenance. 

Section 8-10.05. Connections: Charges. 

Section 8-10.05.01. State Water Reimbursement Fee. 

Section 8-10.06. Connections: Charges: Changes. 

Section 8-10.07. Water rates generally. 

Section 8-10.08. Minimum charge. 

Section 8-10.09. Metered rates. 

Section 8-10.10. Out-of-City consumers. 

Section 8-10.11. Load or tank quantities. 

Section 8-10.11.1 Supplemental Water Charges. 

Section 8-10.12. Water from hydrants. 

Section 8-10.13. Annexations Nos. 21 and 32. 

Section 8-10.14. Dal Porto Lane area. 

Section 8-10.15. Private fire protection. 

Section 8-10.16. Large cooling units. 

Section 8-10.17. Discontinuing service upon vacation. 

Section 8-10.18. Using water after disconnection. 

Section 8-10.19. Tampering: Bypasses. 

Section 8-10.20. Meter testing: At installation. 

Section 8-10.21. Meter testing: At customer request. 

Section 8-10.22. Meter error. 

Section 8-10.22.1. 3/4” x 3/4” Meter Credits. 

Section 8-10.23. Non-registering meter. 

Section 8-10.24. Backflow prevention devices. 

Section 8-10.25. Nonliability for private facilities. 

Section 8-10.26. Right of entry for inspection. 

Section 8-10.27. Shutoff for repairs. 

Section 8-10.28. Fire hydrant use. 

Section 8-10.29. Billing: Delinquency. 

Section 8-10.30. Disconnection for nonpayment. 

Section 8-10.31. Disputed accounts. 

Section 8-10.32. Waste: Leaking facilities. 

Section 8-10.33. Waste: Sprinkling. 

Section 8-10.34. Automatic annual rate increase. 

Section 8-10.35. Rate increase by resolution: Authorized. 

Section 8-10.36. Rate increase by ordinance: Required. 

CHAPTER 8-10A CROSS CONNECTIONS 

Section 8-10A.01. 









Cross Connection Control - General Policy. 

Purpose. 

Definitions. 

Authority of Director of Utilities. 

Installation Requirements. 

Testing Requirements. 

Record Keeping and Submittal. 

Regulations 

Enforcement, Violations, and Penalties. 

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REFUSE COLLECTION AND RECYCLING 






















Collection and disposal fund. 

Franchise or license. 

Hauling permit. 

Mandatory service. 

Unlawful collection or transport. 

Placement for collection: Generally. 

Placement for collection: Multiple units and businesses. 

Receptacles required. 

Tampering with receptacles. 

Frequency of collection. 

Rules and regulations. 

Right of entry for inspection. 

Unusual accumulations. 

Automated service: Generally. 

Additional service. 

Bin service. 

Solid waste disposal site. 

Sanitary animal or vegetable byproducts. 

Feed garbage. 

Compost heaps: Unlawful accumulations. 

Burning. 


WASTEWATER COLLECTION, TREATMENT AND DISPOSAL 

Section 8-12.100. 

Section 8-12.101. 

Section 8-12.102. 

Section 8-12.103. 

Section 8-12.104. 

Section 8-12.105. 

Section 8-12.200. 

Section 8-12.201. 

Section 8-12.202. 

Section 8-12.203. 

Section 8-12.204. 

Section 8-12.205. 

Section 8-12.206. 

Section 8-12.207. 

Section 8-12.208. 

Section 8-12.209. 

Section 8-12.300. 

Section 8-12.301. 

Section 8-12.302. 

Section 8-12.303. 

Section 8-12.304. 

Section 8-12.400. 

Section 8-12.401. 

Section 8-12.402. 

Section 8-12.403. 

Section 8-12.404. 

Article 1. General Provisions 

Purpose: Objectives. 

Use of revenues. 

Applicability. 

Definitions. 

Abbreviations defined. 

Article 2. Use of Sewers: Private Disposal 

Treatment of wastewater required. 

Private systems generally. 

Existing private systems: Acceptable. 

Existing private systems: Unacceptable. 

New private systems. 

Maintenance of private systems. 

Connection to available public sewer. 

Hazardous or nuisance systems. 

Separate industrial sewers. 

Article 3. Construction and Maintenance of Sewers 

Who shall construct. 

Standard specifications. 

Force mains. 

Property owner responsibility. 

Article 4. Discharge Restrictions 

Waste Discharge Requirement Permit or NPDES permit violations. 

Prohibited discharges. 

Drainage and other unpolluted water. 

Cooling water. 

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Section 8-12.405. 

Section 8-12.406. 

Section 8-12.407. 

Section 8-12.408. 

Section 8-12.409. 

Section 8-12.410. 

Section 8-12.411. 

Section 8-12.412. 

Section 8-12.413. 

Section 8-12.414. 

Section 8-12.415. 

Section 8-12.500. 

Section 8-12.501. 

Section 8-12.502. 

Section 8-12.503. 

Section 8-12.600. 

Section 8-12.601. 

Section 8-12.602. 

Section 8-12.603. 

Section 8-12.604. 

Section 8-12.605. 

Section 8-12.700. 

Section 8-12.701. 

Section 8-12.702. 

Section 8-12.703. 

Section 8-12.704. 

Section 8-12.705. 

Section 8-12.706. 

Section 8-12.707. 

Section 8-12.800. 

Section 8-12.801. 

Section 8-12.802. 

Section 8-12.803. 

Section 8-12.804. 

Section 8-12.805. 

Section 8-12.806. 

Section 8-12.900. 

Section 8-12.901. 

Section 8-12.902. 

Section 8-12.903. 

Section 8-12.904. 

Section 8-12.905. 

Section 8-12.906. 

Section 8-12.907. 

Section 8-12.908. 

Section 8-12.909. 

Section 8-12.910. 

Section 8-12.911. 

Section 8-12.912. 

Section 8-12.913. 

Garbage grinders. 

Point of discharge. 

Holding tank wastes. 

Metal and phenol concentrations. 

Temperature, solids, chemicals generally. 

More stringent limitations. 

Lawful permit issuance unimpaired. 

Federal pretreatment standards. 

Traps required. 

Unacceptable wastes: Proper disposal. 

Local holding/septic tank wastes only. 

Article 5. Volume Determination 

Amount of water used. 

Amount of water discharged. 

Meter type and size. 

Article 6. Permits Generally 

User classifications. 

Applications and fees. 

Application review: Permit issuance. 

Other requirements unaffected. 

Enforcement of permit terms. 

Article 7. Wastewater Discharge Permit 

Required. 

Discharge report. 

Application contents. 

Terms and conditions. 

Expiration and renewal. 

Non-transferability. 

Revocation grounds. 

Article 8. Holding Tank Waste Disposal Permit 

Required. 

Application. 

Terms and conditions. 

Expiration: Changes: Renewal. 

Nontransferability. 

Revocation or modification. 

Article 9. Industrial Dischargers: Monitoring, Pretreatment, Reports 

Monitoring facilities. 

Inspection. 

Self-monitoring and notice of discharge changes. 

Pretreatment. 

Accidental discharges. 

Confidentiality. 

Initial compliance report. 

Biannual compliance reports. 

Mass limitations: Sampling procedures. 

Public notice of violators. 

Enforcement: Notice of hearing. 

Enforcement: Conduct of hearing. 

City Council order. 

8-v

Section 8-12.1000. 

Section 8-12.1001. 

Section 8-12.1002. 

Section 8-12.1003. 

Section 8-12.1004. 

Section 8-12.1005. 

Section 8-12.1006. 

Article 10. User Charges 

Classifications: Purpose. 

Scope of schedule. 

Sewer rental fund. 

Automatic annual increase. 

User classification charges. 

Southwest trunk sewer line. 

Section 8-12.1100A. Article 11. Connection Fees 

Section 8-12.1101. Municipal Sewer District No. 1: Amount. 

Section 8-12.1102. Municipal Sewer District No. 1: Collection and use. 

Section 8-12.1103. New or modified connections. 

Section 8-12.1104. Refund. 

Section 8-12.1105. Other charges unaffected. 

Section 8-12.1106. Annual amendment. 

Section 8-12.1107. Use of revenues. 

Section 8-12.1108. Extensions of excess capacity. 

Section 8-12.1109. Extensions to serve development. 

Section 8-12.1110. Average-cost basis: Adjustment of fees. 

Section 8-12.1111. Payment under protest. 

Section 8-12.1112. Notice of changes. 

Section 8-12.1200. 

Section 8-12.1201. 

Section 8-12.1202. 

Section 8-12.1203. 

Section 8-12.1204. 

Section 8-12.1300. 

Section 8-12.1301. 

Section 8-12.1302. 

Section 8-12.1303. 

Section 8-12.1304. 

Section 8-12.1305. 

Section 8-12.1306. 

Section 8-12.1400. 

Section 8-12.1401. 

Section 8-12.1402. 

Section 8-12.1403. 

Section 8-12.1404. 

Section 8-12.1405. 

Section 8-12.1406. 

Section 8-12.1407. 

Section 8-12.1408. 

Section 8-12.1409. 

Section 8-12.1410. 

Section 8-12.1411. 

Section 8-12.1412. 

Section 8-12.1413. 

Article 12. Other Charges 

Service outside City. 

Monitoring fees. 

Permit application fees. 

Wastewater treatment plant impact fee. 

Article 13. Wastewater Main Extension Benefit Districts 

Eligibility: Intent. 

Guidelines and standards. 

Initiation: Application contents. 

Filing application: Approval: Recordation. 

Reimbursement fees. 

Expiration. 

Article 14. Enforcement 

Accidental discharge--Limitation of liability. 

Accidental discharge: Informing employees. 

Accidental discharge: Prevention. 

Cease and desist order. 

Correction schedule required. 

Appeals. 

Nuisance declared. 

Injunction to restrain violation. 

Charges for facilities damage. 

Correction by City. 

Civil penalty. 

Falsification. 

Permit revocation: Termination of service. 

CHAPTER 8-12A STORM WATER RUNOFF POLLUTION PREVENTION 



Purposes. 

Definitions. 

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Authority of the Director of Utilities. 

Prohibited Discharges, Exemptions and Limitations. 

Illicit Connections Prohibited; Exception. 

Waste Disposal Prohibited. 

Compliance Required with Industrial National Pollutant Discharge Elimination System 

(NPDES) Storm Water Discharge Permits. 

Requirement to Prevent, Control, and Reduce Storm Water Pollutants. 

Repealed. 

Requirement to Monitor and Analyze. 

Notification of Spills. 

Authority to Inspect. 

Authority to Sample, Establish Sampling Devices, and Test. 

Notice of Violation. 

Violations Deemed a Public Nuisance. 


WELLS 










Definitions. 

Restricted. 

Other provisions unimpaired by permit. 

Permit. 

Standards: County permit. 

Cooling-water wells. 

Drainage wells. 

Proximity to public water supply. 

Sealing. 


DRAINAGE FEES 



North Blosser Road area and Battles Road area drainage fee. 

Orcutt Drainage Plan fee. 


GROWTH MITIGATION FEE PROGRAM 





















Purpose and Intent. 

Definitions. 

Hearing required. 

Annual report. 

Effective date. 

Imposition, calculation, acknowledgement, and collection of growth mitigation fees. 

Establishment and accounting of growth mitigation fees. 

Reimbursement Agreements. 

Credits. 

Refunds. 

Appeals. 

Growth mitigation fees as additional and supplemental requirements. 

Conflicts. 

Severability. 

Repeal of existing fees. 

City Hall Mitigation Fee. 

Corporation Yard mitigation fee. 

Traffic mitigation fee. 

Water mitigation fee. 

Wastewater mitigation fee. 

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Recreation and Parks mitigation fee. 

Police Department mitigation fee. 

Fire mitigation fee. 

Library mitigation fee. 

Exemptions. 


PUBLIC PROJECTS 




Public Projects. 

Informal bid procedures. 

Wages; Public Works Projects. 


RULES OF CONDUCT AND EXCLUSION PROCESS AT THE 

CITY OF SANTA MARIA PUBLIC LIBRARY 


















Loud Electronic Devices Prohibited. 

No Harassment of Library Users or Staff. 

Proper Hygiene Required. 

Proper Supervision of Children Required. 

Adherence to Safety Standards Required. 

No Photography or Videotaping Without Express Consent. 

Persons Engaged in Constitutionally Protected Speech – Restrictions. 

No Soliciting of Selling of Items Allowed. 

Food and Drink in Library Prohibited. 

Restrictions on Use of Restrooms. 

Sleeping or Loitering Prohibited. 

Animals Prohibited in Library – Exception for Disabled Persons. 

Adherence to Library Policy Regarding Use of Public Computers Required. 

Penalty for Violation of Rules of Conduct. 

Exclusion Process. 

Right of Appeal of Warning or Exclusion Notice. 

Punishment for Violation of an Exclusion Notice. 

8-viii


APPLICATION FOR PUBLIC SERVICES 

Section 8-1.01. Definitions. 

For the purposes of this chapter and Chapters 8-9, 8-10, 8-11 and 8-13, the following words and phrases shall 

have the meanings respectively ascribed to them by this section: 

(a) "Auto courts and motels" means buildings or spaces provided for the occupancy of human beings for short 

periods of time and not as permanent residences. 

(b) "Automated container" means a refuse or recycling receptacle used by automated (mechanized) solid waste 

collection equipment; refuse must fall freely from receptacle when serviced. 

(c) "Bin container" means a refuse or recycling receptacle with cover designed to be serviced by a front-endloader 

truck. 

(d) "Can container" means a refuse or recycling receptacle of lightweight, galvanized metal or other rustproof 

material, with cover, with a capacity between ten (10) and thirty-two (32) gallons, and conforming to the 

specifications set forth in this Code. 

(e) "Commercial houses" means structures used for retail stores, gasoline and oil distributing stations, 

restaurants and other food and drink dispensing businesses, theaters, funeral homes, cleaning and dyeing 

establishments, garages, repair shops, wholesale stores, barbershops, beauty shops and any other business 

establishment not otherwise defined in this chapter. 

(f) "Garbage" means all vegetable, fruit and animal waste, resulting from the cooking, handling, storage, sale, 

preparation, use or consumption of foodstuffs. 

(g) "Hotels, rooming houses, boardinghouses and rest homes" means structures used for the renting of rooms 

for occupancy by human beings which rooms do not offer the complete living facilities usually contained in 

apartments and dwellings. 

(h) "Industrial waste" means liquids and solids contained in a liquid, or either of them, which are the result of 

or a byproduct of or a waste product of any industrial, chemical or mechanical process, or the manufacture or 

treatment or the cleansing of any material. 

(i) "Industries" means any person or establishment manufacturing, treating, processing or cleaning any 

material. The following are expressly excluded from the definition of "industries": cleaning and dyeing 

establishments, restaurants and other food-and-drink dispensing businesses, automobile garages, car wash 

businesses, gasoline and oil distributing stations. 

(j) "Multifamily dwelling" means a structure designed to be occupied as a residence by more than one (1) 

family, including duplexes, triplexes, apartments and residential courts. 

(k) "Office buildings" means structures in which rooms or suites of rooms are rented or used for business or 

professional purposes, excluding spaces rented for industrial or retail purposes. 

(l) "Refuse" means all garbage and rubbish. 

(m) "Rubbish" means any and all matter other than garbage, as defined in this section, which has been 

discarded, rejected or abandoned or has become useless, including brush and garden trimmings, or which by its 

presence or accumulation is or may become a menace to health or a fire hazard or otherwise dangerous or offensive, 

including, but without limitation, wood, paper, metal, but not including earth, sod, lumber, brick, stone, mortar or 

debris incident to the construction or demolition of buildings. 

(n) "Sewage" means wastewater together with such industrial wastes, groundwater and surface runoff as may 

be mixed with it. 

(o) "Sewer service" means the acceptance of sewage into City sewer lines for treatment. 

(p) "Single-family dwelling" means a structure designed to be occupied as a residence and actually so occupied 

by not more than one (1) family. 

(q) "Solid waste service" means the collection and disposal of all garbage, refuse and rubbish. 

(r) "Trailer parks" means parks or yards providing space for the parking of trailers containing living 

accommodations on either a permanent or temporary rental basis. 

(s) "Unit," as used in connection with multifamily dwellings, auto courts, trailer parks, motels, hotels, rooming 

houses, boardinghouses and rest homes, shall be any portion of such establishment which is designed to be or is 

offered for rent separately from other parts of the establishment. As to hotels, rooming houses, boardinghouses and 

rest homes, it is the room which is designed to be or is actually rented to the guest or lodger. 

(t) "Water service" means the delivery of water through City water lines to a user. (Prior Code § 20-1; Ord. 

89-11 § 1 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

8-1-1

Section 8-1.02. Application for initial service. 

Each applicant for initial water, solid waste or sewage service shall be required to sign an application form 

provided by the City or make application by letter showing the date of application, location of premises to be served, 

plumbing fixtures and other pertinent uses to be served, mailing address, date applicant desires service and such 

other information as may be required. (Ord. 89-11 § 1 (part), eff. 5/4/89: prior Code § 20-1) 

Section 8-1.03. Application to resume service. 

After water or disposal service has been shut off from any premises, it shall not be resumed until the City has 

received written application therefor. Such application shall be on forms furnished by the City and shall be signed by 

the prospective consumer or his agent, which consumer shall be liable for all services furnished thereto. (Ord. 89-11 

§ 1 (part), eff. 5/4/89: prior Code § 20-3) 

Section 8-1.04. Payment for previous service required. 

An application for service may not be honored unless payment in full has been made for water, solid waste and 

sewage service previously rendered by the City to the applicant. (Ord. 89-11 § 1 (part), eff. 5/4/89: prior Code § 20- 

4) 

Section 8-1.05. Monthly charge: Billing frequency. 

All charges established by this chapter and Chapters 8-9, 8-10, 8-11 and 8-13 shall be on a monthly basis. 

Billing and payment may be on a monthly or bimonthly basis as determined by the Council. (Ord. 89-11 § 1 (part), 

eff. 5/4/89: prior Code § 20-5) 

Section 8-1.06. Single charge for all services. 

There shall be no splitting of bills as regards charges for water, solid waste and sewage service; that is to say, 

the total charges to any one (1) person for water, solid waste and sewage service shall be considered as a single 

charge and shall be billed as such, and nonpayment of any portion of such bill shall be nonpayment of all such bills, 

notwithstanding the fact that for administrative purposes such charges may be shown separately on the bill. (Ord. 

89-11 § 1 (part), eff. 5/4/89: prior Code § 20-6) 

Section 8-1.07. Appeals. 

In the event that any user or consumer is aggrieved by any ruling of the Director of Utilities made pursuant to 

any of the provisions of this chapter and Chapters 8-9, 8-10, 8-11 and 8-13, such consumer or user may appeal from 

such ruling to the Council within the time and in the manner set forth in Section 8-12.1406. The Council's action on 

such appeal shall likewise be made and become final pursuant to the provisions of Section 8-12.1406. (Prior Code § 

20-7; Ord. 89-11 § 1 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

8-1-2


BUILDING NUMBERING 

Section 8-2.01. System designated. 

All houses, buildings and lots fronting on streets and other public thoroughfares shall be numbered in the 

following manner: beginning at Broadway, which shall be used as the starting place for numbering, both east and 

west therefrom, and beginning at Main Street which shall be used as the starting place for numbering, both north and 

south therefrom, and following for each and every block one hundred (100) numbers, according to the relative 

position, each twenty-five (25) foot frontage of each block shall be entitled to one (1) odd or even number, 

whichever the case may be. Buildings and lots shall be numbered consecutively, even numbers placed on all south 

and east sides of streets and odd numbers being placed on all north and west sides of streets. (Prior Code § 6-28) 

Section 8-2.02. Display. 

The figures to be used as numbers shall be of metal or other approved durable material, and shall be at least 

three (3) inches in height; provided, that where large numbers are painted on windows or other parts of business 

houses, they are sufficient. Wherever practical the numbers shall be so placed and maintained as to be readily 

discernable from the street in front of the premises served. (Prior Code § 6-29) 

Section 8-2.03. Issuance: Enforcement. 

The Director of Community Development shall have charge of the matter of numbering houses, buildings and 

lots, and shall upon request give any property owner or occupant of any houses or building the number of his 

premises, and it shall be his duty to notify householders and others to place proper numbers where required. Such 

notice shall state the number required, and upon failure to do so, he may cause the same to be done at the expense of 

the person notified, which expense shall be collected from the person liable therefor. Any person failing to place a 

number within ten (10) days after being notified so to do is also guilty of a misdemeanor. (Prior Code § 6-30) 

8-2-1


HISTORICAL LANDMARKS 

Section 8-3.01. Purpose: Authority. 

The purpose of this chapter, which is adopted pursuant to Section 37361 of the Government Code of the State, 

is to promote the general and economic welfare of the City by preserving and protecting those places, sites, 

buildings, structures, works of art and other objects having a special historical, cultural or aesthetic character or 

interest for the use, education and view of the general public, and to remind all citizens of this City and visitors from 

elsewhere of the historical backgrounds of the City. (Ord. 88-18 § 5, eff. 10/20/88) 

Section 8-3.02. Landmark Committee established. 

The Landmark Committee shall be established by resolution of the City Council, which resolution shall provide 

for the number of persons composing the committee, conduct of the affairs of the committee, and assistance to the 

committee by officers and employees of the City. The terms of office shall also be set by this resolution and shall 

commence and expire on the date of the last regular meeting of the City Council in January. Each member of the 

committee shall serve until replaced. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 

Section 8-3.03. Designation application: Designation and confirmation. 

The Landmark Committee is authorized and directed to receive and act upon applications from any interested 

persons to investigate and designate places, sites, buildings, structures, works of art and other objects within the 

incorporated limits of the City as having historic, cultural, aesthetic or other special character or interest, and being 

worthy of consideration for protection, enhancement or perpetuation as such. Such designation, together with any 

agreement entered into in connection therewith, shall remain and be in effect for a period of ninety (90) days only 

and thereafter shall be of no force and effect unless prior to the expiration of that period of ninety (90) days the City 

Council has set a date for a public hearing, advertised the hearing once in a newspaper of general circulation in the 

City at least ten (10) days prior to the date set for the public hearing, and has confirmed the action of the Landmark 

Committee within the ninety (90) day period as to the designation and agreement entered into in connection with the 

designation. In cases where private property is the subject of the hearing notice shall be served by mail upon the 

owner and lienholders of record of the property at least ten (10) days prior to the date set for the public hearing. 

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 

Section 8-3.04. Places of historical merit. 

The Landmark Committee is further authorized and directed to locate and identify other places, sites, buildings, 

structures, and works of art as having historical merit which may satisfy the requirements for designation as an 

historical landmark or which may by the application of other standards, or by reason of a unique feature, have, in the 

opinion of the committee, special historical, aesthetic or cultural value. 

Places, sites, buildings, structures, and works of art may be designated as having historical merit by the 

Landmark Committee under the provisions of this section, even though the premises may not qualify for designation 

as an historical landmark. 

The historic merit designation under the provisions of this section shall not, by reason of such designation, 

require the conditions or restrictions on use, improvement or renovation of the premises which are provided for in 

this chapter. The Landmark Committee may, however, require maintenance of the premises as a condition for 

continued recognition of the historic merit of the premises. 

The Landmark Committee may make a designation of historic merit, pursuant to this section, by resolution of 

the committee adopted in a regular or special meeting called for that purpose. Prior to the Landmark Committee's 

action, however, the committee must obtain the permission of the owner or owners of the premises as appearing on 

the latest available county assessor's records. The owner or owners shall be notified at least ten (10) days prior to the 

committee action. Following the adoption of such resolution, the Landmark Committee shall mail a copy of the 

resolution to the owner or owners of the premises. The Landmark Committee shall maintain a record of all premises 

that have been given recognition under the provisions of this section and shall forward to the City Clerk copies of all 

resolutions making such designation. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 

Section 8-3.05. Planning commission report and recommendations. 

(a) Upon receipt of any application for designation of any place, site, building, structure, work of art or other 

object within the incorporated limits of the City as an historical landmark by the Landmark Committee, the 

committee shall refer the application to the Planning Commission of the City with a request for a report and 

recommendations with regard to such designation, which report and recommendations may include any and all 

8-3-1

observations, information and recommendations as to an agreement in connection therewith which appear desirable 

to the Planning Commission upon consideration of the application. The report may include but shall not be limited 

to such matters as compatibility with the General Plan, general public interest, zoning, traffic or other problems 

which may appear to be affected by or created by the proposed designation. 

(b) No action shall be taken by the Landmark Committee within less than five (5) days following the receipt of 

the report from the Planning Commission. Following any action recommending the designation of any place, site, 

building, structure, work of art or other object as an historical landmark, the report and recommendation of the 

Landmark Committee shall be forwarded to the City Council, which shall thereafter set the public hearing thereon as 

provided in this chapter. The report of the Planning Commission shall be forwarded to the City Council, together 

with any report or recommendation by the Landmark Committee. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, 

effective 1/18/02) 

Section 8-3.06. Standards for designation and for removal of designation. 

In designating or removing from designation any place, site, building, structure, work of art or other object as 

being of historical, cultural, aesthetic or other special character or interest, and worthy of protection under this 

chapter, the Landmark Committee and the City Council shall be subject to the following express standards: 

(a) The landmark designated shall have historical, cultural, aesthetic or special character or interest for the 

general public and not be limited only in interest to a special group of persons, and be at least fifty (50) years of age. 

(b) The designation of such as a landmark under this chapter shall not be detrimental to the general welfare of 

the community. 

(c) The designation of such landmark shall not require the expenditure of an unreasonable amount of money to 

carry out the purposes of this chapter. In applying this provision it is the intent of this chapter that whenever a 

landmark proposed to be so designated is private property, expenditures for its upkeep, preservation, maintenance 

and protection shall be made by the owner thereof in all but the most exceptional cases. If upon careful review by 

the Landmark Committee it is proposed that public funds be expended for the preservation, restoration, maintenance 

or protection thereof, or any other purpose in connection with the designation, the recommendation made by the 

committee to the City Council shall set forth that fact, and shall set forth in full the reasons therefor, and shall 

include a statement setting forth as accurately as possible the estimated cost in public funds which would be so 

involved. The City Council in acting upon the proposed designation shall also determine whether the expenditure of 

public funds in connection therewith is justified. In the event that such designation would be ineffective for the 

preservation, restoration or protection of the proposed landmark, without such expenditure, and the City Council 

determines that the expenditure is not justified, the place, site, building, structure, work of art or other object which 

is the subject of the proposal shall not be designated an historical landmark. 

(d) The designation of such landmark shall not infringe upon the right of a private owner thereof, if there is 

such, to make any and all reasonable uses of such landmark which are not in conflict with the purposes of this 

chapter. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 

Section 8-3.07. Agreement respecting landmark status. 

(a) Upon receipt of the Planning Commission report, if it appears that place, site, building, structure, work of 

art or other object within the incorporated limits of the City should be designated as a historical landmark, the 

Landmark Committee shall work with the property owner and lienholders to draft and enter into an acceptable 

agreement respecting designation. The Committee shall use the guidelines in section 8-3.08 as appropriate in the 

agreement. Any such agreement shall be effective for ninety (90) days or until the City Council acts on the 

Committee’s recommendation, whichever occurs sooner. If no agreement is reached, or the City Council does not 

affirm the agreement, the landmark designation application shall be terminated. 

(b) The City Council may set a public hearing to be advertised once in a newspaper of general circulation in 

the City at least ten (10) days prior to the date of such hearing. In all cases where private property is the subject of 

the hearing, notice of the hearing shall be served by mail upon the property owner and lienholders of record of the 

property at least ten (10) days prior to the date set for the hearing. The City Council may consider the 

recommendation of the Landmark Committee without setting a public hearing and advertising the same in a 

newspaper of general circulation, if in its discretion the City Council considers the recommended agreement will not 

create impacts so as to justify that procedure. In any case, however, the City Council, before acting on the 

recommended agreement, shall give notice to the owner and lienholders of record of the subject property as 

provided in this section. After such hearing the City Council may affirm the existing agreement, enter into a 

modified agreement or decline to approve an agreement respecting designation. The action of the City Council shall 

be final and shall take effect immediately. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 

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Section 8-3.08. Guidelines. 

In developing an agreement respecting a historical landmark, the Landmark Committee and City Council shall 

use the following guidelines, as appropriate: 

(a) The agreement may require the owner or lienholder to provide written notice to the Landmark Committee 

in advance of structural alteration, demolition, removal or destruction, either in whole or in part, of the landmark. 

Upon receipt of this notice, the Landmark Committee may schedule a meeting with the owner and lienholder and 

use the procedures in this chapter to determine whether or not landmark status shall be continued; 

(b) Any agreement may provide that no permits shall be issued by any City department for any alterations, 

repairs, additions or changes, other than normal maintenance and repair work, unless and until all plans therefor 

have first been reviewed by the Landmark Committee and approved, or approved as modified, and such reasonable 

conditions may be imposed as deemed necessary. All such work shall be done under the direction and control of the 

Landmark Committee or other qualified persons designated by it for such purpose; provided, that conditions 

imposed as a condition of approval of alterations, repairs, additions or changes shall be final when imposed by the 

Landmark Committee, and unless they affect conditions imposed by the Council need not be reported to or reviewed 

by the City Council as provided in Section 8-3.06; 

(c) The agreement may provide that only certain specified uses may be made or that certain specified uses shall 

be prohibited; 

(d) The agreement may provide that no buildings or structures exposed to public view within a specified 

distance may be placed, erected, moved, altered, enlarged or removed, other than normal maintenance and repair 

work, without approval and in accordance with reasonable conditions imposed where deemed necessary by the 

Landmark Committee; 

(e) The agreement may provide that if the landmark to be designated is a building, that the building shall be 

open to the public at such reasonable times and intervals as shall be determined by the Landmark Committee; 

(f) The agreement may contain any other reasonable requirements, restrictions or conditions deemed necessary 

by the Landmark Committee, the owner and the lienholder to meet special or unique circumstances affecting the 

subject place, site, building, structure, work of art or other object. 

(g) The agreement may provide for disclosure of landmark status upon sale of the property by requiring a copy 

of the agreement to be provided to the buyer and lienholder. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 

1/18/02; Ord. 2008-01, eff. 3/20/08; Ord. 2009-03, eff. 3/5/09) 

Section 8-3.09. Funding petitions. 

The Landmark Committee, or other interested persons, may petition the City Council for funds necessary to 

carry out the purposes of this chapter. The City Council may expend all reasonable sums needed to carry out the 

purposes of this chapter or to acquire fee title or such lesser ownership rights, or easements, as it deems necessary or 

expedient to carry out the purposes of this chapter. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 


(a) Any person may appeal in writing to the City Council from any action of the Landmark Committee by 

filing notice of such appeal with the City Clerk within fifteen (15) days from the date of such action, and the City 

Council shall set a public hearing, notice of which shall be duly advertised once in a newspaper of general 

circulation in the City, at least ten (10) days before the date of such hearing to consider such appeal. In all cases 

where private property is the subject of the action which is appealed from, notice of the hearing shall be served by 

mail upon the owner and lienholders of record of the property at least ten (10) days prior to the date set for the 

public hearing. At the hearing the City Council may confirm, modify or set aside any or all such actions of the 

Landmark Committee. (Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, effective 1/18/02) 

Section 8-3.11. Remedies. 

When the Landmark Committee receives information that a designated landmark has been or will be wholly or 

partially demolished, structurally altered, removed, destroyed, or otherwise no longer meets or will meet the 

standards set out in Section 8-3-06, the Committee may initiate an application for removal of the designation, using 

the procedures in the chapter. The Committee may also make any appropriate recommendations respecting 

continuance or discontinuance of the landmark designation to the Planning Commission. (Ord. 88-18 § 5, eff. 

10/20/88; Ord. 2001-24, effective 1/18/02) 

8-3-3


PARADES AND ASSEMBLIES 


As used in this chapter: 

(a) "Parade" means any march, demonstration, procession, motorcade, or promenade consisting of persons, 

animals, or vehicles, or a combination thereof, having a common purpose, design, destination, or goal, upon any 

public place, which parade, march, demonstration, procession, motorcade, or promenade does not comply with 

normal and usual traffic regulations or control. 

(b) “Assembly” means any meeting, demonstration, picket line, rally, gathering, or group other than a parade, 

as defined in subsection (a), that substantially inhibits the usual flow of pedestrian or vehicular travel on a public 

right of way or in a public place or: (i) is comprised of one hundred fifty or more persons, animals, or vehicles, or a 

combination thereof; (ii) has a common purpose, design, or goal; and (iii) is located upon any public street, 

sidewalk, alley, park, or other public place or occupies any public area. 

(c) "City Manager" means the City Manager of Santa Maria, or a person designated by the City Manager to act 

in his or her place. (Ordinance 2007-09, eff. 7/5/07; Prior Code § 15-38 (99) (part)) 

Section 8-4.02. Permit required. 

Except as otherwise provided in this Chapter, no person shall engage in, conduct, or carry on the activity of a 

parade or assembly without a permit issued under the provisions of this chapter. (Ord. 2010-03, eff. 5/20/10; 

Ordinance 2007-09, eff. 7/5/07; Prior Code § 15-38 (99) (part)) 

Section 8-4.03. Exemptions. 

The permit application provisions of this chapter shall not apply to the following 

(a) Funeral processions. 

(b) Spontaneous parades or assemblies occasioned by news or affairs coming into public knowledge within 

five days of such parade or assembly; provided, however, that the organizers thereof give written notice to the City 

at least twenty-four hours prior to such parade or assembly, if it is feasible to do so. If twenty-four hour notice is not 

feasible, the organizers of a spontaneous event shall provide as much advance notice, written if possible, as is 

feasible under the circumstances. Such written notice shall contain all of the following information: 

(1) The name, address and telephone number of the person or persons seeking to conduct the parade or 

assembly. This person or these persons shall be considered a permittee for the purposes of this chapter; 

(2) The name, address and telephone number of the headquarters of the organization, if any, and of the 

organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed 

to be conducted; 

(3) The name, address and telephone number of the person who will chair the parade or assembly and who 

will be responsible for its conduct; 

(4) The location and date of the proposed parade or assembly, including the assembly area, dispersal area, 

and the route to be traveled; 

(5) An estimate of the approximate number of persons who will be participating in the parade or assembly 

and an estimate of the approximate number of persons who will be observing the parade or assembly; 

(6) The times at which the parade or assembly will start and conclude; 

(7) The type of security or other arrangements that will be provided to assure that participants are properly 

directed. 

(c) The City Manager may deny permission to conduct the parade or assembly within eighteen hours of the 

submission of the notice pursuant to subsection (b) of this section if the City Manager makes a finding requiring 

denial pursuant to Section 8-4.05. If the City Manager makes a finding requiring denial pursuant to that subsection, 

the City Manager shall immediately provide notice of the denial, including the reason for the denial. (Ord. 2010-03, 

eff. 5/20/10; Ord. 2007-09, eff. 7/5/07; Prior Code § 15-38 (99) (part)) 

Section 8-4.04. Application for permit. 

(a) A person seeking issuance of a permit pursuant to this chapter shall file an application with the City 

Manager, on forms supplied by the city. 

(b) The application shall be filed with the City Manager not less than six days prior to the date of parades or 

assemblies, except as otherwise provided in this Chapter. 

8-4-1

(c) An application shall include the following information and other information requested by the form that the 

City Manager determines to be reasonably necessary to allow the City to process the application and to serve the 

purposes of this ordinance: 

(1) The name, address and telephone number of the person or persons seeking to conduct the parade or 

assembly; 

(2) The name, address and telephone number of the headquarters of the organization, if any, and of the 

organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed 

to be conducted; 

(3) The name, address and telephone number of the person who will chair the parade or assembly and who 

will be responsible for its conduct; 

(4) The location and date of the proposed parade or assembly, including the assembly area, dispersal area, 

and the route to be traveled; 

(5) An estimate of the approximate number of persons who will be expected to participate in the parade or 

assembly and an estimate of the approximate number of persons expected to observe the parade or assembly; 

(6) The times when the parade or assembly will start and conclude; 

(7) The type of security or other arrangements that will be provided to ensure that participants are properly 

directed as to the approved parade route or assembly area; 

(8) The minimum and maximum speeds that the parade is to travel, if vehicles are included, and the 

maximum number of platoons or units, if any, in the parade or assembly and the maximum and minimum distance to 

be maintained between the units of such parade or assembly; 

(9) The maximum length of such parade or assembly in miles or fractions thereof; 

(10) The number and type of vehicles, if any, in the parade or assembly; 

(11) Whether the participants in the parade or assembly are expected to wear masks; 

(12) Except as provided in subparagraph (d) below, a statement signed by the person seeking the permit that 

the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees, agents, and volunteers 

free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature 

whatsoever arising out of, or resulting from, the alleged willful or negligent acts or omissions of permittee, or its 

officers, agents, or employees in connection with the permitted parade or assembly; and the permit shall expressly 

provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all such claims and all 

legal actions that may be commenced or filed against the city, its officers, agents, employees, or volunteers, and that 

the permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the 

city, its officers, agents, employees, or volunteers as a result of the alleged willful or negligent acts or omissions of 

permittee or permittees’ officers, agents or employees in connection with the permitted parade or assembly; and 

(13) If assembly dispersal area is on or partly on private property, the applicant must submit with the 

application proof of the property owner’s permission for the property to be used for that purpose. 

(d) An applicant may refuse to provide the indemnity agreement required by paragraph (c)(12) of this section 

by providing insurance or by cooperating with the City Manager in establishing standards for the parade or assembly 

to reduce the risk of liability against which insurance or indemnity are intended to protect the City as specified in 

this paragraph. The amount of insurance required to displace the indemnity requirement shall be based on any 

specific, demonstrable history of personal injury or property damage claims awarded against the applicant 

attributable to the applicant’s conduct of previous events in the City that are similar in nature to the proposed event 

and upon the size and location of the event, but not its expressive content nor any expected reaction to that 

expressive content by others. Such insurance shall protect the City and its officers, agents and employees as 

additional insureds against any claim to which the indemnity promise set forth in paragraph (c)(12) above would 

apply. If an applicant wishes to provide neither insurance nor an indemnity, he, she or it shall agree to redesign or 

reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety 

identified by the City Manager as being reasonably foreseeable consequences of the permitted parade or assembly. 

(e) Within twenty-four hours after the submission of the application, the City Manager must notify the 

applicant, in writing, whether the application is complete. If no such timely notice is given, the application will be 

deemed to be complete. (Ord. 2010-03, eff. 5/20/10; Ord. 2007-09, eff. 7/5/07; Ord. 2005-01, eff. 3/3/05; Prior 

Code § 15-38 (99) (part)) 

Section 8-4.05. Criteria for approval or denial. 

(a) The following criteria shall apply to issuance or denial of a parade or assembly permit. 

(b) The permit shall be issued by the City Manager unless s/he finds that: 

(1) The information contained in the application is false or intentionally misleading; or 

8-4-2

(2) The parade or assembly is proposed for the same time and location as another parade or assembly, with 

the first filed of two or conflicting applications otherwise entitled to approval under this chapter to be approved and 

the later-filed application denied; or 

(3) The proposed route or location of the parade or assembly traverses a street or other public right-of-way 

that was scheduled for maintenance, construction or repair prior to the application for that parade or assembly permit 

and the conduct of the parade or assembly would interfere with such maintenance, construction or repair or the 

maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade 

or assembly, in which case the City Manager shall inform the applicant of other suitable routes and invite an 

amended application to use such a route; or 

(4) The proposed area for the assembly or for the set-up or dispersal of a parade could not physically 

accommodate the number of participants expected to participate in the parade or assembly, as reflected in the 

application completed and submitted pursuant to the requirements of this chapter; or 

(5) The parade would result in a violation of any federal, state or local law or regulation. 

Upon making any finding set forth in this subsection, the City Manager shall deny the permit application and 

give notice as required by Section 8-4.07 of this chapter. 

(c) As a condition of the issuance of a permit under the provisions of this chapter, the City Manager may 

require that a parade or assembly be limited to a portion of the width of the street or right-of-way upon which the 

applicant seeks to conduct the parade or assembly (such as a particular traffic lane or a sidewalk) or require that the 

parade or assembly relocate so as to avoid unsafe conflicts with vehicular travel or other permitted parades or 

assemblies; provided, that such limitation does not limit or interfere with the conduct of the parade or assembly or 

cause the parade or assembly to violate any other provision of this chapter or any other federal, state or local law or 

regulation. (Ord. 2010-03, eff. 5/20/10; Ord. 2007-09, eff. 7/5/07; Ord. 2005-01, eff. 3/3/05; Prior Code § 15-38 

(99) (part)) 

Section 8-4.06. Nondiscrimination. 

The City Manager shall consider each application upon its merits and shall not discriminate in granting or 

denying applications, and shall not deny any permit based upon political or religious grounds, the content of any 

message associated with the parade or assembly, or any other reason not expressly stated in this chapter. (Ordinance 

2007-09, eff. 7/5/07; Prior Code § 15-38 (99) (part)) 

Section 8-4.07. Notice of Issuance or denial of permit. 

(a) The City Manager shall approve or deny the permit application and shall provide notice to the applicant of 

the action taken by telephone and by written notice sent via mail and by fax and/or email, if the applicant provides a 

fax number or email address, within two days after submission of the application. 

(b) If the permit is denied or conditionally approved as provided in Section 8-4.05(c), the notice of denial or 

conditional approval shall set forth the reasons for denial or conditional approval. A copy of the notice of denial 

shall be delivered to the City Attorney by fax or email. 

(c) The decision of the City Manager to approve, conditionally approve, or deny a permit shall be final except 

for judicial review. (Ord. 2011-02, 5/5/11; Ord. 2010-03, eff. 5/20/10; Ord. 2007-09, eff. 7/5/07; Prior Code § 15- 

38 (99) (part)) 

Section 8-4.08. Content of permit. 

(a) The City Manager shall set forth in each permit the following information if and as that information is set 

forth in the approved application: 

(1) The name, address and telephone number of the person to whom the permit is issued; 

(2) The names, addresses and telephone numbers of the sponsoring organization, if any; 

(3) The name, address and telephone number of the chairperson of the parade or assembly; 

(4) The date for which the parade or assembly is scheduled; 

(5) The assembly area for the parade or assembly; 

(6) The starting and ending time for the parade or assembly; 

(7) The minimum and maximum speeds at which the parade is to progress, if vehicles are to be used; 

(8) The route which the parade or assembly will take; 

(9) The maximum number of platoons or units, if any, in the parade or assembly and the maximum and 

minimum distance to be maintained between the units of such parade or assembly; 

(10) The maximum length of such parade or assembly in miles or fractions thereof; 

(11) The dispersal area for the parade or assembly and the dispersal time; 

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(12) The number and type of vehicles, if any, in the parade or assembly; 

(13) Whether any participants in the parade or assembly are expected to wear masks; 

(14) The type of security or other arrangements that will be provided to ensure participants are properly 

directed as to the approved parade route or assembly area; and 

(15) Any condition imposed pursuant to Section 8-4.05(c) 

(b) The information requested by Section 8-4.04(c)(11) and required to be reflected in a permit by Section 8- 

4.08(a)(13) is for the information of law enforcement only and is not to be construed as permission for, or a 

restriction on, the use of masks by any person for expressive purposes. 

(c) A copy of each permit shall be kept upon the person in charge of the parade or assembly at the parade or 

assembly site at all times during the parade or assembly, including during assembly and dispersal. The permittee 

shall advise all participants in the parade or assembly of the terms and conditions of the permit prior to the 

commencement of the parade or assembly and shall advise all leaders, monitors or others authorized by the 

permittee to guide the parade or assembly participants of those terms and conditions. (Ord. 2010-03, eff. 5/20/10; 

Ord. 2007-09, eff. 7/5/07) 

Section 8-4.09. City’s traffic control costs to be paid by person or organization responsible for parade or 

assembly. 

A permittee under the provisions of this chapter shall reimburse the city for all traffic control costs incurred in 

connection with diverting traffic due to the closure of streets to accommodate a parade or assembly. These costs 

shall be established from time to time by the city council by resolution prior to the date of any event to which those 

costs will be charged. No fee shall be charged based upon the need for security or increased police protection due to 

the content of any message associated with the parade or assembly. (Ordinance 2007-09, eff. 7/5/07) 

Section 8-4.10. Interference with parade or assembly prohibited. 

No person shall knowingly join or participate in any parade or assembly conducted under permit from the city, 

in violation of any of the terms of said permit, nor knowingly join or participate in any permitted parade or assembly 

without the consent of the permittee, nor in any manner interfere with its progress or orderly conduct. (Ordinance 

2007-09, eff. 7/5/07) 

Section 8-4.11. Prohibitions. 

The following prohibitions shall apply to all parades and assemblies: 

(a) It shall be unlawful for any person to carry any sign, poster, plaque, or notice, unless such sign, poster, 

plaque, or notice is constructed solely of a cloth, paper, plastic, cardboard or any similar, lightweight, flexible 

material no greater than one-quarter inch in thickness. 

(b) It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animaldrawn 

vehicle upon any public street, unless specifically authorized by a permit. 

(c) It shall be unlawful for any person to carry, possess or wear any gas mask or similar device designed to 

filter air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases 

lawfully used by public safety officers for the control of unlawful gatherings. 

(d) It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for 

the purpose of accommodating traffic, including emergency vehicles, through and across the route or location of a 

parade or assembly. 

Nothing in this section shall prohibit a disabled person from using equipment, a service animal or other item 

necessary so that the person may participate in a parade or assembly. (Ordinance 2007-09, eff. 7/5/07) 

Section 8-4.12. Violation. 

Any intentional violation of this chapter or the terms or conditions of a parade or assembly permit by a 

permittee or a participant in a parade or assembly is a misdemeanor punishable pursuant to Chapter 1-6 of this Code, 

including, without limitation, the authority of the City Attorney to prosecute any violation as an infraction pursuant 

to Section 1-6.02. (Ordinance 2007-09, eff. 7/5/07) 

8-4-4


PIPELINE-EXTENSION BENEFIT AREAS 

Section 8-5.01. Purpose. 

It is the purpose of this chapter to accomplish equity in the charges for sewer and water services provided 

throughout the City, in that at the present time new development pays the cost of construction of the sewer and water 

lines to serve that development, and older developments have done the same, but from time to time the provision of 

water and sewer services to all developed and developing areas in the City has necessitated the construction of major 

water and sewer lines to and through undeveloped areas on the City’s own initiative and the City’s expense which, if 

not reimbursed upon development, would constitute an additional burden upon taxpayers throughout the City, and 

an unwarranted benefit to developers, subsequently making connection and receiving the benefit of such sewer and 

water lines. This chapter therefore provides for the establishment, by recorded resolution and map, of areas of 

benefit in such areas of the City as the circumstances may apply, providing for reimbursement to the City, by future 

connectors receiving the benefits of such sewer and water lines, of appropriate pro rata charges, thereby lessening 

the burden upon City taxpayers and avoiding an unwarranted benefit to such developers. (Prior Code § 20A-1) 

Section 8-5.02. Establishment request. 

In any case where the City initiates and accomplishes through the use of public funds the construction of a 

major water line or sewer line, the completing of which will substantially benefit undeveloped or underdeveloped 

properties, the Director of Utilities shall transmit to the City Manager for placement upon the agenda of the Council 

a request for a resolution establishing an area of benefit served by such sewer or water line, and providing for 

appropriate charges for future connectors thereto on an equitable pro rata basis. (Prior Code § 20A-2; Ord. 2005-01, 

eff. 3/3/05) 

Section 8-5.03. Public hearing. 

The Council shall consider the request at a public hearing and hear any and all protests to the proposed areas of 

benefit and proposed reimbursement charges, and shall then adopt a resolution implementing the request, modifying 

it or rejecting it. (Prior Code § 20A-3) 

Section 8-5.04. Recording of resolution. 

The resolution referred to in Section 8-5.03, as adopted, which shall include a schedule of charges, together 

with an appended map of the area of benefit, shall be certified by the City Clerk and recorded in the office of the 

county Clerk-Recorder. (Prior Code § 20A-4) 

Section 8-5.05. Reimbursement required for development. 

From and after the date of adoption of the resolution provided for in this chapter by the Council, in the case of 

any development of property within the area of benefit, such reimbursement shall be required as a condition of 

subdivision within such area. In any event, the building official shall require the payment by the developer of the pro 

rata fee prescribed in the development as a condition of, and prior to, the issuance of a building permit for the 

property; provided, that payment of the reimbursement shall be credited against the applicable charge required by 

the building official. (Prior Code § 20A-5) 

8-5-1


SIDEWALK AND STREET-EDGE MAINTENANCE AND IMPROVEMENT 

Section 8-6.01. Purpose. 

The provisions codified in this chapter are adopted to implement and supplement the Streets and Highways 

Code as it exists as of the adoption of the ordinance from which this section derives and as it may be amended from 

time to time. (Prior Code § 22-1) 

Section 8-6.02. Applicability. 

Except as specifically excluded by the Streets and Highways Code, or this chapter, the provisions of this chapter 

shall apply to any work on streets and sidewalks within the public right-of-way within the incorporated area of the 

City. (Prior Code § 22-2) 


Whenever any words or phrases used in this chapter are not defined in this section but are defined in the Streets 

and Highways Code or elsewhere in this Code, such definitions are incorporated in this chapter and shall apply as 

though set forth in full in this chapter. The following words and phrases shall have the meanings respectively 

ascribed to them: 

(a) "Any single lot or parcel of land" means any lot or parcel of property or any group of contiguous lots or 

parcels of real property which serve one (1) residence or one (1) business or industrial establishment, regardless of 

the fact that the several lots or parcels are owned by, or are under lease to, different persons. 

(b) "City Public Works Department plans and specifications" means the City’s standard plans and 

specifications that are on file in the office of the Director of Public Works and are used for construction of such 

items including but not limited to concrete curb, gutter, driveways and sidewalks, street paving, street lights, water, 

storm drain and sewer lines and tree wells. Periodic revisions are made on these standard plans and specifications 

from time to time as the need arises and copies are available for purchase from the office of the Director of Public 

Works. 

(c) "Permit" means the public improvement/encroachment permit required for construction or reconstruction of 

public improvements and/or encroachment work authorized by Council Resolution 79-4866. "Public improvements" 

includes but is not necessarily limited to concrete curb, gutter, driveways and sidewalk, street paving, street lights, 

water, storm drain and sewer lines and tree wells. Provisions of the resolution provide for periodic updating of fees 

contained therein. 

(d) "Streets and Highways Code" means the provisions of the California Streets and Highways Code, Division 

7, and such amendments and additions as may have been made to those provisions. 

(e) "Width of driveway" means the width of such driveway at the top of the curb and not the width of such 

driveway at street or gutter level. (Prior Code § 22-4) 

Section 8-6.04. Maintenance by abutting owners. 

The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place 

is improved, shall maintain all items including but not limited to sidewalk, parkway, curb and gutter and driveway 

located in public rights-of-way in a condition that will not endanger persons or property or will not interfere with the 

public convenience in the use of those works pursuant to this chapter and Chapter 22 (beginning with Section 5600) 

of Part 3, Division 7 of the Streets and Highways Code. If an abutting property owner fails to maintain a sidewalk 

in a non-dangerous condition and any person suffers injuries as a result thereof, the property owner shall be liable to 

such person for the resulting damages or injury. (Ord. 2006-02, eff. 3/21/06; Prior Code § 22-5) 

Section 8-6.05. Discharge of water to sidewalks. 

(a) It is unlawful and a public nuisance to permit rainwater and water to be discharged from any building in the 

City through a spout or drain or outlet of any kind down upon the sidewalk or any sidewalk in the City. All 

rainwater or water spouts, drains or outlets existing as of the effective date of the ordinance from which this section 

derives which permit rainwater or water to be discharged from any building on any sidewalk shall be so repaired and 

constructed that the rainwater or water is carried under the sidewalk and discharged into the gutter and upon the 

street without flowing over or upon the sidewalk. 

(b) All rain spouts, drains or other outlets for rainwater or water from any business building in the City which 

may be built shall be so constructed that they discharge their water under the sidewalk and into the gutter so that the 

water does not flow upon the sidewalk. (Ord. 2007-08, eff. 7/5/07; Prior Code § 17-14) 

8-6-1

Section 8-6.06. Improvement/encroachment permit. 

It is unlawful for any person to install such items including but not limited to sidewalk, parkway improvements, 

underground pipeline, curb or gutter, driveway or to remove or to reconstruct the same on any public street or way 

in the City, without first securing a public improvement/encroachment permit from the Public Works Department. 

Painting address numbers on curbs shall also require an encroachment permit. Failure to do so is not in compliance 

with the requirements specified in this chapter. It shall be the responsibility of the permittee to provide all 

information necessary for issuance of the permit and to provide all work necessary for the completion of the work 

permitted. All work shall be done in accordance with the standard plans and specifications on file in the office of the 

Director of Public Works. (Prior Code § 22-6; Ord. 2009-18, eff. 10/1/09) 

Section 8-6.07. Multiple driveway separation. 

It is unlawful to construct or cause to be constructed more than one (1) driveway upon a street fronting on any 

single lot or parcel of land, unless there is at least twenty (20) feet of unbroken curbing separating the several 

driveways and it is in all cases unlawful to construct or cause to be constructed upon a street fronting on any single 

lot or parcel of land driveways of an aggregate width greater than fifty percent (50%) of the frontage of the property 

upon the street. (Prior Code § 22-7) 

Section 8-6.08. Improvement acts unimpaired. 

The provisions of this chapter shall apply to work described in this chapter which is done or installed by any 

individual person. Nothing provided in this chapter shall prevent proceedings being taken under any improvement 

act or prevent work under any improvement act from being done in accordance with plans and specifications which 

are different from those provided in this chapter. (Prior Code § 22-8) 

Section 8-6.09. Modification of requirements. 

Whenever in the opinion of the Director of Public Works, the Planning Commission or the City Council, the 

work involved in the repair or maintenance of any streets or sidewalk areas, the discharge of water to sidewalks, or 

multiple driveway separation is of such unique location or condition, or is inadvisable or impractical in the particular 

case to conform to the regulations contained in this chapter, the Director of Public Works, Planning Commission or 

City Council may make modifications thereof as in their opinion are reasonably necessary or expedient and in 

conformity with the Streets and Highways Code. The authority granted in this section is limited to modification of 

requirements in Chapter 8-6 of this Code, and shall extend to no other requirement of this Code. (Prior Code § 22-3, 

Ord. 98-17, eff. 01/14/99) 

8-6-2


STREET GRADES 

Section 8-7.01. Uniform street grade line. 

(a) The elevation of the centerline of Main Street between the centerline of Vine Street and the centerline of 

the right-of-way of the Pacific Coast Railway Company shall be a uniform grade line drawn between the elevations 

given in this section. 

(b) The elevations of the centerline of Main Street shall be: 

(1) At its intersection with the centerline of right-of-way of the Pacific Coast Railway Company, five and 

eighty-nine one hundredths (5.89) feet below; 

(2) At its intersection with the centerline of Broadway Street, one and ninety-five one hundredths (1.95) 

feet above; 

(3) At its intersection with the centerline of Vine Street, five and ninety-four one hundredths (5.94) feet 

above. (Prior Code § 1-10) 

8-7-1


URBAN FORESTRY 

Section 8-8.01. Purpose and Goals. 

Intent-Purpose. Provides a basis for a comprehensive urban forest management strategy. The City of Santa 

Maria's Urban Forestry Ordinance is enacted to further the following public purposes: 

(a) To realize the optimum public benefits and uses of trees, shrubs and vines on City streets, in all public 

places and on private property. 

(b) To integrate street tree planting and maintenance with other urban infrastructure. 

(c) To promote efficient and effective cost benefit management of the City’s urban forest by coordinating 

public and private efforts within a comprehensive and professional management system. 

(d) To reduce the public hazard, nuisance and expense caused by improper tree selection, planting and 

maintenance. 

(e) To provide for the creation of an equitable, sustained and reliable means of funding urban forest 

management throughout the City. 

(f) To create and maintain an integrated, diverse urban forest resource, enhancing the City’s overall character, 

health and well-being of Santa Maria citizens. 

(g) Encourage citizen involvement in tree related decisions. 

Intent-Goals. The urban forest resource serves a wide variety of functions that promote the general health, 

safety, welfare and community economics for its citizens. To ensure the public good, the following goals are 

established: 

• Increase long term forest stability with continued specie and age diversity plantings. 

• Mitigate downstream flooding by increasing tree canopy. 

• Reduce energy consumption by providing shade and evaporative cooling through evapo-transpiration. 

• Balance benefits with cost requirements. 

• Reduce local and global air pollution by ingesting carbon dioxide, nitrogen oxides, carbon monoxide and 

sulfur dioxides. 

• Capture particulate matter and produce oxygen. 

• Reduce wind speed and direct air flow. 

• Reduce noise pollution. 

• Provide habitat for birds. 

• Reduce run-off and the potential for soil erosion. 

• Increase property values. 

• Reduce ultra violet light. 

• Screen unsightly areas. 

• Increase public well-being, relaxation and contentment. 

• Enhance visual and aesthetic qualities throughout the City that attracts visitors and businesses and serves as 

a source of community pride, image, and economic vitality. (Ord. 95-17, eff. 02/01/96) 


Intent. To clarify and define key words used in this chapter. 

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed 

to them by this section: 

(a) "Director" means the City Director of Recreation and Parks, or his authorized representative. 

(b) "Drop crotch" means reducing the height of a tree or branch by thinning the terminal to a large lateral, the 

lateral being at least one-third (1/3) to one-half (1/2) the diameter of the cut being made. (See Illustration A in 

Appendix.) 

(c) "Historic or Heritage Tree" means a tree of local historical interest or unusual age, variety, structure or size. 

(d) "Maintenance" includes pruning, trimming, spraying, root-pruning, fertilizing, staking, guying, bracing, 

cabling, irrigating, planting, transplanting, removing, treating for disease or injury, and any other similar act which 

promotes the life, growth, health or beauty of trees, shrubs, flowers or vines. 

(e) "Median area" means a planting strip that serves as a traffic island within a public street. 

(f) "Parkways" means that open area between the curb and sidewalk. 

(g) "Person" includes an individual, firm, association, corporation, partnership, and the lessees, trustees, 

receivers, agents, servants and employees of any such person. 

(h) "Plant" includes trees, shrubs or any other plant material, (non-woody, annual or perennial), in nature. 

8-8-1

(i) "Easement" means a right-of-way, easement, or use restriction acquired for public use by dedication or 

otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, 

drainage canals, water transmission lines, light and air and other limited use public easements other than for street 

and highway purposes. 

(j) "Public places" includes all publicly owned grounds other than streets or parks which are publicly owned 

and open to the public. 

(k) "Shrub" includes any woody perennial plant, normally low, multi-stemmed, adaptable to shaping, trimming 

and pruning without injury. 

(l) "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for 

purposes of vehicular travel. 

(m) "Street tree" includes any publicly owned woody perennial plant which when mature has the following 

characteristics: a single main axis or stem commonly achieving fifteen feet (15') in height, and capable of being 

shaped and pruned to develop a branch free trunk at least nine feet (9') in height or capable of being pruned in such a 

manner that the branching will grow parallel with the sidewalk or street. 

(n) "Street tree list" means the officially adopted list for the planting of certain types, varieties and specie of 

trees in public right-of-ways within the City. 

(o) "Tree" includes any woody perennial plant having a single main axis or stem commonly achieving fifteen 

feet (15') in height. 

(p) "Tree well" means a cavity of specific shape, construction and dimension per standard plans and 

specifications of the City and designated to facilitate the maintenance and existence of a street tree. 

(q) "Urban Forest" means all trees, shrubs, flowers and vines within the City Limits of the City of Santa Maria 

which are subject to the jurisdiction of the Recreation and Parks Department. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.03. Enforcement/Appeals. 

Intent. To designate the position responsible for this ordinance and allow for property owner objections. 

The Director of Recreation and Parks or his authorized representative shall be responsible for the administration 

and enforcement this chapter. Under the direction of the Director, the Parks Division shall enforce all of the 

provisions specified in this chapter so as to accomplish the purposes and goals contained in this chapter. Any action 

of the Director of Recreation and Parks may be appealed and heard by the Recreation and Parks Commission. To be 

effective, an appeal must be filed within ten (10) days after the decision of the Director. The appeal shall be in 

writing and shall be filed with the Director for placement on the Commission's agenda. The appeal shall clearly 

specify the reason for which a hearing is requested. After a hearing, the Recreation and Parks Commission shall 

render its decision. 

Any action of the Recreation and Parks Commission may be appealed and heard by the City Council. To be 

effective, an appeal must be filed within ten (10) days after the decision of the Commission. The appeal shall 

clearly specify the reason for which a hearing is requested. After a hearing, the City Council shall render its 

decision which shall be final. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.04. Abutting Owner and Occupant responsibilities. 

Intent. To ensure safe public passage on streets, sidewalks, and other public areas, and to cause property 

owners or occupants to be responsible for the safe keeping and care of privately owned trees, shrubs and vines. 

Nothing in this chapter shall impose any liability upon the City, or upon any of its officers or employees, nor 

relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property 

or under their control, nor to relieve the owner and occupant of any private property from the duty to keep sidewalks 

and parkways in front of such private property in a safe condition, nor to relieve the owner or occupant of any 

private property from the duty to keep any tree, shrub or other plants in such a condition as to prevent it from 

constituting a hazard or an impediment to vision or travel upon any street, sidewalk, park or public place in the City. 

(Ord. 95-17, eff. 02/01/96) 

Section 8-8.05. Nuisances: Designated. 

Intent. To define unacceptable situations which are subject to abatement by the City of Santa Maria. The 

following are, for purposes of this chapter, public nuisances that may jeopardize public health and safety. 

(a) Any dead, diseased, infested, dying, or structurally hazardous tree on private property so near to any street 

tree so as to constitute a danger to street trees, streets, sidewalks or alleys or vehicular or pedestrian traffic. 

8-8-2

(b) Any tree, shrub, vine, or flower on any private property that is interfering with, impairing or destroying any 

street improvements, sidewalks, curbs, gutters, sewers, water or gas lines, block walls, street trees, or other related 

street hardware. 

(c) Any tree, shrub, vine, or flower that is deemed harmful on oral or other contact by a person as determined 

by the Director of Recreation and Parks or an authorized representative. 

(d) Within the thirty foot (30') triangle of private property at the intersection on any street improved for 

vehicular traffic, any tree limb, shrub, or other plant reaching a height of more than three feet (3') above the grade 

adjacent thereto, except tree trunks having no limbs lower than nine feet (9') above curb grade. 

(e) Vines or climbing plants growing into or over any street tree, or any public hydrant, pole, street sign, stop 

sign, or electroler. 

(f) A publicly owned tree in direct or intermittent contact with any electrical conductor owned by a utility 

company, which must be trimmed away from the conductor. 

(g) The existence of any branches or foliage which interferes with visibility of, free use of, or access to any 

portion of any street, sidewalk, or alley improved for vehicular or pedestrian travel. 

(h) Tree houses, ladders, aerials, swings, ropes, or any other material attached to publicly owned trees. (Ord. 

95-17, eff. 02/01/96) (See Illustrations B, C and D in Appendix.) 

Section 8-8.06. Nuisances: Abatement. 

Intent. To set forth procedures for abating public nuisances, provide for public input and recovery of City 

costs. 

(a) When any public nuisance as defined in Section 8-8.5 exists, a notice shall be placed on the door of the 

residence. Utility companies responsible for electrical conductors shall be notified by a documented telephone call. 

A follow-up letter notice shall be mailed to the resident property owner by ordinary United States Mail. The notice 

shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within 

which the work must be performed. Any property owner may, within ten (10) days after the mailing of the notice, 

request a hearing before the Recreation and Parks Commission on the issue of whether a public nuisance actually 

exists. Appeals shall be conducted in accordance with the procedures set forth in Section 8-8.20. 

(b) If at the end of the time for correction specified in the notice or order if the matter was appealed, such work 

has not been performed, the City may perform such work and the cost thereof shall constitute a charge against the 

property owner, and such charge shall be a lien on such property. If the property owner fails to pay such charge 

within thirty (30) days after a bill is submitted by the City, such charge shall be assessed against the parcel of land of 

the property owner pursuant to Section 38733.5 of the Government Code and shall be transmitted to the tax collector 

for collection. The assessment shall have the same priority as other City taxes. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.07. Damage or Injury. 

Intent. To protect negligent or intentional damage to publicly owned and managed vegetation and to ensure 

tree health for public benefits. 

(a) No person shall abuse, destroy or mutilate any tree, plant, or shrub in a parkway, easement or any other 

public place, nor attach or place any rope, wire, (other than one used to support a young or broken tree), sign, poster, 

handbill, or other things to or on any tree growing in a public place, or to cause or permit any gaseous liquid or solid 

substance which is harmful to such trees to come in contact with their roots, trunk or leaves. 

(b) Violation of this section may be handled pursuant to Sections 8-8.3 and 8-8.10. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.08. Construction work: Protection measures. 

Intent. To protect valuable public assets that contribute to public health and well-being. 

Plans submitted to the City for the construction, repair or alteration of any building, house or structure shall 

include provisions for sufficient guards or protectors to prevent injury to any existing publicly owned trees, shrubs, 

flowers, or vines. Such plans for protection shall be approved by the Director of Recreation and Parks ten (10) days 

prior to the issuance of permit to proceed. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.09. Construction work: Displacement of trees. 

Intent. To maintain and replace tree canopy coverage that provides cooling, mitigates storm water runoff, 

atmospheric pollution, and noise levels. 

8-8-3

If construction, repair, or alteration of any building, house, or structure in the City causes a tree to be removed 

from public property and there is insufficient space to replace the tree in the parkway, easement, or public area the 

property owner shall: 

(a) Plant a comparable size tree specie approved by the City Parks Division, minimum eight inch (8") trunk 

diameter, in the private landscape area; or 

(b) Pay to the City the City’s cost of replacing the removed tree, as provided by Section 8-8.10. (Ord. 95-17, 

eff. 02/01/96) 

Section 8-8.10. Recovery of damages. 

Intent. To recover the original investment of purchase, maintenance costs, cooling, atmospheric pollution, 

aesthetics, flood mitigation, and noise reduction values. 

(a) Replacement trees shall be a minimum of two (2), each twenty-four inch (24") box size, the combined 

canopy of which is approximately ten percent (10%) of the average street tree canopy in the City of Santa Maria 

[one hundred seventy-five (175) square feet], or replacement canopy of seventeen (17) square feet. The applicant 

shall post a cash deposit with the City in an amount determined by the Director of Recreation and Parks which shall 

include labor costs for replanting and removal if the Director determines that the tree is a total loss. 

(b) If it is determined that replacement trees cannot be planted in the same frontage, costs for two (2) trees, 

each twenty-four inch (24") box size, plus labor for planting shall remain in effect. These replacement trees shall be 

planted on specified alternate public property. 

(c) Where injury has occurred to the tree, shrub, flower or vine during the erection, repair, construction, or 

alteration of any building, house or structure, or by truck and/or car accident, house moving or by acts of vandalism, 

the offending party or insurance company shall not be released from liability until the Director of Recreation and 

Parks or his authorized representative determines that the tree has fully recovered. (See Section 8-8-14, 

Replacement Trees.) (Ord. 95-17, eff. 02/01/96) 

Section 8-8.11. Permit Application: Tree Maintenance. 

Intent. To ensure compliance with appropriate standards and to provide City review. 

(a) No person shall spray, root-prune, fertilize, stake, guy, rod, cable, plant, transplant, grade or trench within 

the foliage drip line or remove any street tree, vine, shrub, or flower without obtaining a permit from the Director of 

Recreation and Parks. 

(b) Violation of this section may be handled pursuant to Sections 8-8.3 and 8-8.10. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.12. Removal of Live Growing Trees. 

Intent. To minimize the loss of tree canopy value. Limit removal to dead, diseased, dying or structurally 

hazardous trees and reduce costs to the City. 

(a) It is unlawful for any person, firm, or corporation to cut down, remove, or destroy any tree growing upon 

any parkway, easement, right-of-way, or other publicly owned area without first securing a permit to do so from the 

Director of Recreation and Parks, unless the person, firm, or corporation is operating under an approved City 

contract or doing work according to plans and specifications authorized by another City department and approved by 

the Director of the Recreation and Parks Department. 

(b) Application for a permit to cut down, remove, transplant, or destroy any live growing tree on any parkway, 

easement, right-of-way, or other publicly owned area within the City shall be filed in the office of the Director of 

Recreation and Parks and shall be accompanied by the specific reasons for removal. The Director of Recreation and 

Parks shall investigate the application to determine the conditions under which the application may be granted or 

denied. The application shall also be accompanied with a permit fee established by the Director of Recreation and 

Parks. 

(c) The Director of Recreation and Parks or his authorized representative shall submit a report and decision to 

the requestor. 

(d) If the decision is to grant removal of a live, healthy tree, the costs for removal shall be paid by the 

requestor. 

(e) The requestor may obtain removal cost estimates from the City or private tree contractor. Removal 

specifications and inspection of private contractors work shall be required by the City. 

(f) A cash deposit in an amount specified by the Director of Recreation and Parks shall be deposited with the 

Recreation and Parks Department to insure job completion and cleanup. (Ord. 95-17, eff. 02/01/96) 

8-8-4

Section 8-8.13. Removal of Dead, Diseased, or Structurally Hazardous Trees. 

Intent. To ensure public safety and maintain canopy levels. 

(a) The removal conditions outlined in Section 8-8.12 may be waived by the Director if the tree has been 

damaged beyond repair by natural causes or has died by natural causes. In such cases, the tree will be removed and 

replaced at no cost to the property owner. 

(b) If it is determined that the tree had been damaged or died on unnatural causes, the property owner shall pay 

for removal and replacement costs. The property owner will be served with a correction notice to remove. (See 

Section 8-8.7.) 

(c) The Director of Recreation and Parks shall determine cause of damage and death. (Ord. 95-17, eff. 

02/01/96) 

Section 8-8.14. Replacement Trees. 

Intent. Replace lost canopy, maintain age and specie diversity, and other environmental benefits which result 

from tree replacement. 

(a) Replacement trees shall be a minimum of two (2), each twenty-four inch (24") box size, the combined 

canopy of which is approximately ten percent (10%) of the average street tree canopy in the City of Santa Maria, 

(one hundred seventy-five (175) square feet), or replacement canopy of seventeen (17) square feet. The applicant 

shall post a cash deposit with the City in an amount determined by the Director of Recreation and Parks which shall 

include labor costs for planting. 

(b) If it is determined that replacement trees cannot be planted in the same frontage, costs for two (2) trees, 

each twenty-four inch (24") size, plus labor for planting shall remain in effect. This replacement tree shall be 

planted on specified alternate public property. 

(c) Replacement tree specie shall be determined by the Director of Recreation and Parks. (Ord. 95-17, eff. 

02/01/96) 

Section 8-8.15. Planting of New Trees. 

Intent. Mitigate negative environmental effects of new or expanded development and population. 

(a) New tree plantings that result from use permits, zone changes, subdivisions, and related activity shall 

require a one (1) year establishment period to ensure the health and vigor of the tree. Establishment period will 

commence upon City’s acceptance of the planting. 

(b) Tree replacement shall be required if the tree dies during the establishment period. A new establishment 

period will be determined at the time of replanting. 

(c) All trees planted by property owners or contractors shall be inspected by a City representative prior to 

planting and planted in accordance with current City planting specifications. 

(d) Tree specie shall be designated by the Director of Recreation and Parks or his authorized representative. 

(e) It shall be the policy of the City to maximize the planting of trees in all public areas. (Ord. 95-17, eff. 

02/01/96) 

Section 8-8.16. Topping Prohibited. 

Intent. To insure healthy, structurally stable, aesthetically pleasing trees and mitigate public liability. 

(a) Topping shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially 

reduce the overall size of the tree areas so as to destroy the existing symmetrical appearance or natural shape of a 

tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stubbed 

appearance. It shall be unlawful to top or stub trees. (See Illustration A in Appendix.) 

(b) Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side 

branches. 

(c) All pruning of public trees shall be in accordance with current pruning specifications of the City Parks 

Division. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.17. Tree Root Pruning. 

Intent. To preserve and protect trees from future damage or decay. 

Where sidewalk or curb damage due to street tree roots occurs, correction shall be made where possible without 

damaging or removing the tree, including, but not limited to modifying the curb or sidewalk. (Ord. 95-17, eff. 

02/01/96) 

8-8-5

Section 8-8.18. Filled Parkways. 

Intent. Protect root systems of existing trees and insure space for future tree plantings. 

In the event that any person, firm, or corporation desires to fill in or close the public parkway or tree planting 

easement with any material that prevents the entry of water or the exchange of gases to the atmosphere, they shall 

make application with the Director of Public Works who will administer the request and coordinate with the 

Director of Recreation and Parks . (Ord. 95-17, eff. 02/01/96) 

Section 8-8.19. Historic or Heritage Trees. 

Intent. A program to focus the values of important trees in the City of Santa Maria. 

(a) All persons owning property where such trees exist shall be informed as to the status of these trees. 

(b) Designation of a tree as an "historic tree" or "heritage tree" shall not confer any maintenance 

responsibilities upon the City regarding the tree. (Ord. 95-17, eff. 02/01/96) 

Section 8-8.20. Public Relations and Education. 

Intent. Provide for citizen input, objections, and involvement in tree related decisions. 

(a) The Parks Division shall undertake an ongoing program of public outreach and education in order to 

promote public understanding of maintenance needs, values, benefits and uses of the City’s urban forest. 

(b) Such programs shall include, but are not limited to: Arbor Day, Earth Day, tree care brochures, and 

discussions with civic and garden clubs. 

(c) A City staff committee, with representatives from relevant departments, as determined by the City 

Manager, shall be established to implement and review the success of the programs created by this chapter. (Ord. 

95-17, eff. 02/01/96) 

Section 8-8.21. Ordinance Valuation. 

Intent. To allow for adjustments in a timely manner. 

The Director of Recreation and Parks shall collect and maintain all records and data necessary to objectively 

evaluate whether progress is being made towards the stated goals of the ordinance. An annual summary and 

analysis of the evaluation and recommendations for adjustments and changes shall be prepared and submitted to the 

Recreation and Parks Commission for their consideration. The actions of the Recreation and Parks Commission 

may include, but are not limited to recommendations for revision or amendment of this ordinance or the adoption of 

other resolutions or sections. (Ord. 95-17, eff. 02/01/96) 

8-8-6

APPENDIX - Illustrations A-D 

APPENDIX 

8-8-A1

8-8-A2

8-8-A3

8-8-A4

8-8-A5


WATER MAIN EXTENSION BENEFIT DISTRICTS 

Section 8-9.01. Purpose: Qualifications. 

(a) When in connection with a development, it is necessary either (1) to install water main extensions off the 

site of the development, (2) to extend oversized water mains on the site of the development, or (3) to install water 

main extensions on the site of the development in a location such that the main or mains will be of benefit to 

adjacent properties not owned by the developer, a benefit district incorporating the area which may be served from 

the main or mains and thereby be benefited, as determined by the Director of Public Works, may be established and 

administered as provided in this chapter. The benefit district will be for the purpose of securing reimbursement of a 

portion of the applicant's installation costs for the main extension from subsequent users. Oversize water mains are 

defined to be water main of ten (10) inch diameter or larger within nonresidential land use areas. 

(b) The purpose of this procedure is to provide developers with a method for securing reimbursement for water 

main extensions of benefit to independently owned properties. It is not intended that benefit districts be created 

where financial equity is possible through private negotiations between the developer and either the original owners 

of the development parcel or subsequent purchasers of a portion of the development. (Prior Code § 20-48.4 (A)) 

Section 8-9.02. Guidelines and standards. 

The Director of Public Works shall develop guidelines and standards for the administration of the water main 

benefit extension district procedure consistent with the provisions of this chapter. (Prior Code § 20-48.4 (B) (part)) 

Section 8-9.03. Application: Initiation: Contents. 

(a) Application for the creation of a benefit district shall be made to the Director of Public Works prior to 

acceptance of the subject public improvement as complete by the City. In the event the City installs and finances a 

main extension, the Director of Public Works may initiate the creation of a benefit district. 

(b) The applicant shall supply the Director of Public Works with the necessary improvement plans, benefit 

district boundary map, technical data, verifiable cost records and other supporting information as he may require to 

process the application and to administer the benefit district provisions. (Prior Code § 20-48.4 (B) (part)) 

Section 8-9.04. Application: Filing. 

Application for a water extension benefit district can be made at the office of the Director of Public Works. 

After approval of the application by the Director of Public Works, he shall transmit the benefit district map and 

appropriate supporting data to the City Clerk and the City Clerk will file the benefit district map and appropriate 

supporting data with the county recorder at which time the district will be effective. An information copy shall also 

be filed with the Director of Administrative Services and with the Director of Community Development. (Prior Code 

§ 20-48.4 (C)) 

Section 8-9.05. Payment of reimbursement fee. 

Any individual connecting to a water main which is the subject of a benefit district will pay the reimbursement 

fee established by the benefit district to the Director of Administrative Services at the time of applying for service, 

and in any case before making the connection. (Prior Code § 20-48.4 (D)) 

Section 8-9.06. Expiration. 

(a) A water main extension benefit district will automatically expire on the fifteenth anniversary of the date the 

district is filed with the county recorder. Any connections to the public facilities after the expiration date will be at 

no reimbursement cost to the connector. 

(b) A report of the financial status of the benefit district will be prepared by the Director of Administrative 

Services and mailed to the applicant at his last known address. Upon his request, any funds due him will be 

tendered. If there is no response from the applicant within six (6) months of the final report to him, any funds due 

him will be deemed forfeited and these amounts plus any surplus revenues in the account of the particular benefit 

district will be transferred to the municipal waterworks fund. (Prior Code § 20-48.4 (E)) 

8-9-1


WATER SERVICE 

Section 8-10.01. Waterworks fund. 

The fund of the City, known and designated as the "municipal waterworks fund" as of the adoption of the 

ordinance from which this section derives, is continued and re-established. Except as otherwise required by this 

chapter, all receipts of the Utilities division, collected under the terms of this chapter, shall be placed in the 

municipal waterworks fund. All expenses incurred by the City in the management, control and operation of the 

Utilities division, including but not limited to operating expenses, maintenance and repair expenses, capital outlays, 

right-of-way acquisition, debt service, administration and legal expenses, reasonable charges or use of City facilities, 

repayment of loans to other City funds, and billing and accounting costs shall be paid out of the municipal 

waterworks fund. The City Manager shall determine what portion of joint expenses of salaries and overhead shall 

be allocable to the fund. The Council, at its discretion, may transfer any funds from the municipal waterworks fund 

to the general fund of the City. (Prior Code § 20-28; Ord. 88-22 § 2 (G), eff. 1/5/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.02. Separate metered connections. 

Each occupied structure and any unimproved parcel shall be served water through a separate metered 

connection; except, that structures on property under one (1) ownership, office buildings, hotels, motels, apartment 

houses, courts and multifamily dwellings may be served by a single metered connection. (Prior Code § 20-29) 

Section 8-10.03. Service line installation. 

(a) Water service lines will be installed in size and at the location desired by the applicant; provided, that the 

minimum size service line and meter shall meet the requirements of the standard plans of the City. Service 

installations will be made only for properties abutting upon public distribution mains, and the Director of Utilities 

may require the extension of a distribution main or the completion of a distribution main tie-in to a second existing 

distribution main to the meter location inside the curb line if on a public street, or at the property line if on an alley. 

(b) Charges for the first seventy-five (75) feet of length for new services or the enlargement of existing 

services for one (1), one and one-half (11/2) and two (2) inch sizes are payable in advance. The charges are provided 

to be amended by resolution of the City Council as set out in the Schedule of Fees and Charges within this Code and 

are subject to annual adjustment as provided in this chapter. 

(c) For all service line lengths over seventy-five (75) feet, all service lines larger than two (2) inch, and for 

relocating, enlarging or reducing the size of service lines, the applicant will be charged for all costs, plus an 

administrative overhead charge as set by resolution of the Council. (Prior Code § 20-30 (part); Ord. 2005-01, eff. 

3/3/05) 

Section 8-10.04. Connections: Ownership: Maintenance. 

All connections up to and including the meter shall at all times remain the property of the City, and all 

connections beyond the meter toward the occupancy shall be the sole responsibility of the property owner or 

occupant, both as to the original installation and as to maintenance and upkeep. (Prior Code § 20-30 (part)) 

Section 8-10.05. Connections: Charges. 

(a) Before any structure or any unimproved parcel is connected to the City’s water distribution system for the 

first time there shall be charged and collected by the City, from the person requesting such connection, a fee which 

is directly proportional to the size of the water meter to which the structure or parcel will be connected, and which is 

based on prorated cost estimates developed in the 1977 Water Rate Structure Study by Urban Engineering, or update 

thereof. The charges for the various meter sizes shall be in accordance with the Schedule of Fees and Charges set out 

following the text of this Code, provided however that such fees shall be subject to annual adjustment as provided in 

this chapter. 

(b) Before an existing service connection is enlarged, there shall be charged and collected by the City from the 

person requesting such connection a fee for the connection in the amount of the difference between the new service 

connection charge and the existing connection charge. 

(c) Revenues raised by payment of the water connection fee shall be placed in a separate account. These 

revenues, and any interest earned on them, shall be used only to: 

(1) Pay for the City’s construction of reservoir expansions, transmission and distribution main expansions, 

wells, pumps and motors as identified in the above study or update thereof, or to reimburse the City for those 

facilities built by the City with funds it advanced from other sources; or 

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(2) Reimburse the developers who have been required or authorized to install such facilities whose cost 

exceeds their connection fee obligation under this section. 

(d) As of January 5, 1988, water connection fees shall be as provided in Item 1 of Resolution 88-6. (Ord. 88-22 

§ 2 (G)(part), eff. 1/5/89: prior Code § 20-31) 

*Editor's Note: Section 8-10.05 was amended by request of the City Attorney during codification. 

Section 8-10.05.01. State Water Reimbursement Fee. 

(a) At the time of application to connect any structure or parcel to the City’s water distribution system, there 

shall be charged and collected by the City, from the person requesting such connection, a reimbursement fee 

component which is equal to the proportional amount of capital facilities constructed by the Department of Utilities 

(DOU) and financed by the City’s water fund, as calculated by the Director of Administrative Services and the 

formula in Section 8-10.05.1(b). The Director of Administrative Services shall calculate the reimbursement 

component of the City water connection charge on a regular basis as water fund payments are made to the DOU. 

The charges for the various meter sizes shall be in accordance with reimbursement fee text of this Code, provided, 

however, that such fees and formulas may be modified from time to time by ordinance. 

(b) Reimbursement formula. 

RFn = [RFn-1 + (4,900/16,200) Cn] (1 + In-1) 

TDUeq 

RFn = Reimbursement Fee for one (1) Dwelling Unit Equivalent (DUeq) for the year of calculation. 

RFn-1 = Reimbursement Fee for one (1) DUeq for the year prior to the year of calculation. 

Cn = Actual SWP cost for the year of calculation. (Includes the sum of DOU capital cost + DOU 

fixed O&M costs and CCWA fixed O&M costs + City’s finance costs - any payment to reduce annual capital and 

O&M costs.) 

TDUeq* = 

Total estimated number of new development dwelling unit equivalents. 

In-1 = Average Local Agency Investment Fund (LAIF) interest rate for the year prior to calculation. 

NOTES: 

* Projected Development average annual water use = 8.48 mgd 1 DUeq=393 gpd. 

Therefore: TDUeq = 8,480,000/393 = 21,578 

DUeq for various meter sizes: 

Meter Size No. of DUeq 

5/8” x 3/4” 1.0 

3/4” x 3/4” 1.4 

1" 2.3 

1 - 1/2" 5.5 

2" 10.7 

3" 30.0 

4" 40.3 

(c) Reimbursement component of the water connection fees shall be collected at time of application for meter 

installation. If a water meter should be removed and monthly service charges discontinued, reimbursement fees for 

this period of disconnection shall be collected at time of reconnection to the water system. 

(d) Reimbursement Fee paid pursuant to this section shall be segregated and placed in water funds capital 

accounts for the facilities for which the fees are collected. Monies from these funds shall be expended solely for the 

design, construction, and acquisition of the corresponding Facilities and Equipment, including reimbursement for 

such expenditures and any financing mechanism used to finance the cost of capital improvements. 

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(e) If the City has growth reimbursement fees which are uncommitted within five (5) years of collection, it 

shall make certain findings, on a yearly basis, to retain the fees or refund the fees. The findings shall identify the 

purpose to which the fee is to be put, and demonstrate a reasonable relationship between the fee and the purpose for 

which it was charged. If this finding cannot be made, the portion of uncommitted fees shall be refunded to the 

current record owner(s) of the development project(s) on a pro rata basis, according to a refund plan approved by the 

City Council. If the administrative costs of refunding exceed the amount to be refunded, the fees may be used for 

another project serving the development that was charged the fee. (Ord. 94-7, eff. 4/14/94; Ord. 2005-01, eff. 3/3/05; 

Ord. 2009-22, eff. 11/5/09) 

Section 8-10.06. Connections: Charges: Changes. 

Prior to adjusting the fee for a water connection, or prior to adding a new water connection charge, notice shall 

be given in conformity with Section 2-24.101 et seq. of Title 2 of this Code. (Ord. 88-22 § 2 (G)(part), eff. 1/5/89: 

Ord. 83-1061 § 3 (part), eff. 11/17/83: prior Code § 20-31.1) 

Section 8-10.07. Water rates generally. 

(a) The rates to be charged and collected for quantities of water by the City for all classes of service for every 

consumer in the City shall be at the minimum charges and meter rates established as provided in this chapter. 

(b) If the amount to be charged for a quantity of water is not a multiple of five cents (5¢), the amount of the 

billing shall be either increased or decreased to the nearest multiple of five cents (5¢). (Prior Code § 20-32 (part)) 

Section 8-10.08. Minimum charge. 

The minimum charge per month for the various meter sizes is provided to be amended by resolution of the City 

Council, as set out in the Schedule of Fees and Charges within this Code, and are subject to annual adjustment as 

provided for in this chapter. (Ord. 91-32 § 1 (part), eff. 2/6/92: prior Code § 20-32 (a)) 

Section 8-10.09. Metered rates. 

The metered rate charges are provided to be amended by resolution of the City Council, as set out in the 

Schedule of Fees and Charges within this Code, and are subject to annual adjustment as provided in this chapter. 

(Ord. 91-32 § 1 (part), eff. 2/6/92: prior Code § 20-32 (b) (part)) 

Section 8-10.10. Out-of-City consumers. 

Consumers outside the City, when authorized by the Council, shall be charged at two (2) times the rates 

provided for in Section 8-10.09; provided, that in the case of governmental entities outside the City, service of water 

to such entities, when authorized by the Council, shall be charged only at the single rate provided for in Section 8- 

10.09. (Prior Code § 20-32 (b) (part)) 

Section 8-10.11. Load or tank quantities. 

All water sold in load or tank quantities will be delivered at the public works center unless otherwise permitted 

by the Director of Utilities, and such quantities shall be charged for and collected at the rate provided for in this 

chapter per one thousand (1,000) gallons or one hundred thirty-three and six-tenths (133.6) cubic feet; provided, that 

the City shall be under no obligation to sell water as provided in this section. (Prior Code § 20-32 (c); Ord. 2005-01, 

eff. 3/3/05) 

• Editor's Note: Section 8-10.11 was amended by request of the City Attorney. 

Section 8-10.11.1 Supplemental Water Charges. 

City residents of projects initially receiving water service from Cal Cities on or after the effective date of this 

ordinance shall pay a monthly Supplemental Water Charge based on the amount of water used to allow the City to 

recover its ongoing variable costs for supplying State Water Project water for conveyance. The Supplemental Water 

Charge shall be in addition to Cal Cities’ Public Utilities Commission (CPUC) approved water rate for Santa Maria 

District water services and shall be collected on Cal Cities’ customer billing and immediately forwarded by Cal 

Cities, in full, to the City. The total rate to be paid by City residents subject to this section shall be equivalent to the 

City’s water rate as described in Section 8-10.07, less Cal Cities CPUC-approved water rate charge. (Ord. 2004-19, 

eff. 12/16/04.) 

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Section 8-10.12. Water from hydrants. 

Permission may be granted by the Director of Utilities to take water from fire hydrants where the water is 

needed for construction purposes, and he shall have installed a meter at a fire hydrant, providing the consumer pays 

an installation charge as provided by resolution of the City Council, as set out in the Schedule of Fees and Charges 

within this Code, and pays for all metered water at the rate set forth in this section. (Prior Code § 20-32 (e); Ord. 

2005-01, eff. 3/3/05) 

* Editor's Note: Section 8-10.12 was amended by request of the City Attorney. 

Section 8-10.13. Annexations Nos. 21 and 32. 

There are established charges to be paid by users of water within the area of the City known as Annexation No. 

21 (Newlove) and Annexation No. 32 (McCoy), in addition to the usual rates and charges of the City for this 

purpose, which additional charge shall be billed to the consumers at the time of their regular billings, as provided in 

the Schedule of Fees and Charges within this Code. (Prior Code § 20-32 (f) (part)) 

Section 8-10.14. Dal Porto Lane area. 

(a) The Dal Porto Lane area, referred to in this section, comprises that area within the City bounded by South 

Broadway, West Betteravia Road, West Carmen Lane and the Santa Maria Valley Railroad right-of-way. 

(b) A charge, as set out in the Schedule of Fees and Charges within this Code, for a ten (10) year period 

commencing July 1, 1977, is established to apply only to the water customers in the Dal Porto Lane area. The charge 

is to be combined with the regular billing for the water bills of those consumers connected at the time of the 

construction of the Dal Porto Water Line Project, Bid No. 77/14 which was accomplished pursuant to Council 

Resolution No. 76-4087 adopted on February 17, 1976. The charge is for repayment of the costs incurred by the City 

to install a temporary water system and set meters and provide connection for the consumers. The charge shall be in 

addition to the usual rates and charges of the City for this service, as set forth in this chapter. 

(c) Redevelopment of any properties in the Dal Porto Lane area connected to the temporary water system will 

be required to pay to the City any outstanding payments due for the ten (10) year payback period for their respective 

applicable properties in one (1) payment at the time of issuance of any building or plumbing permit. 

(d) New connections made after the construction project to the temporary system do not apply in this Code 

section. (Prior Code § 20-32 (g) (part)) 

Section 8-10.15. Private fire protection. 

(a) Private fire protection service lines plus the appropriate cross-connection control device with meter shall be 

furnished and installed by the property owner in accordance with the most current established standards of the State 

and county health departments. Installation shall be in accordance with City standards. 

(b) Monthly rates for private fire protection detector meter maintenance, reading, recording and repairs for the 

five-eighths by three-fourths (5/8 x 3/4) inch meter shall be as provided in the Schedule of Fees and Charges within 

this Code. 

(c) No charge will be made for water used in extinguishing accidental fires. Water lost through leakage or in 

testing or used other than to extinguish accidental fires, shall be paid for by the applicant at double the rate charged 

for water for domestic or general use. 

(d) Private fire protection services that are combined with water for domestic or general use shall have the 

bypass meter considered the same as a general use water service, with all charges being made according to the 

applicable connection charge and rates. 

(e) The applicant shall be responsible for the maintenance and testing by a certified tester of the crossconnection 

control devices and appurtenant equipment excepting the detector meter, which will be maintained by 

the City at the expense of the applicant for recording the water registered. 

(f) The City assumes no responsibility for loss or damage because of lack of water or pressure and merely 

agrees to furnish such quantities and pressures as may be available in its general distribution system at the time of 

use or demand. (Prior Code § 20-33 (part); Ord. 2003-02, eff. 3/6/03; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.16. Large cooling units. 

The installation of any air-conditioning, refrigerating or cooling unit larger than three (3) tons rated capacity 

and using water to conduct away its heat shall not be permitted unless water re-circulation equipment or other means 

of water conservation approved by the Director of Utilities is used. Such equipment having a discharge of more than 

one and one-half (11/2) gallons of water per minute per ton of rated capacity will not be permitted. (Prior Code § 20- 

34; Ord. 2005-01, eff. 3/3/05) 

8-10-4

Section 8-10.17. Discontinuing service upon vacation. 

(a) Whenever a consumer vacates any premises, he shall immediately give written notice to the City. Upon 

receipt of such notice, the City shall, as soon as possible and in no event later than seventy-two (72) hours from 

receiving the notice, shut off the water from the premises and read the water meter. The consumer shall then be 

presented with all unpaid bills for water due the City up to that time. The charge for the final month or portion 

thereof shall be computed as follows: 

(1) If the water is shut off as provided in this section in the first third of the consumer's billing month, the 

charge shall be one-third (1/3) of the minimum charge for the meter size used, plus the regular rates for all water 

used over one-third (1/3) of the minimum amount. 

(2) If the water is shut off as provided in the second third of the consumer's billing month, the charge shall 

be two-thirds (2/3) of the minimum charge for the meter size used, plus the regular rates for all water used over twothirds 

(2/3) of the minimum amount. 

(3) If the water is shut off as provided in this section in the last third (1/3) of the consumer's billing month, 

the charge shall be computed as if service had been rendered for the entire month. 

(b) Any water, sanitation or sewage service customer shall be responsible for the charges therefor from the 

time such service is commenced until he has notified the City in writing to discontinue such service. (Prior Code § 

20-35) 

Section 8-10.18. Using water after disconnection. 

(a) No person other than an official or employee of the Utilities Department shall turn on water from the City 

mains without a written permit from the Director of Utilities. 

(b) When the meter registration shows a consumption after the service has been officially disconnected, the 

owner of the property shall be held responsible for such consumption, plus a service charge as provided in the 

Schedule of Fees and Charges within this Code, and the water shall not be resumed to such premises until all bills 

have been paid. 

(c) Violation of this section is a misdemeanor punishable as provided in Section 1-6.01 of this Code. (Prior 

Code § 20-36; Ord. 2003-02, eff. 3/6/03; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.19. Tampering: Bypasses. 

(a) No person shall interfere with or in any manner tamper with any water meter, pipeline or water service 

facility of the Utilities Department, and in the event that any person interferes with or tampers with any of the same 

so that repairs or adjustments are necessary, water service to such person shall be discontinued until the cost of 

making the necessary repairs or adjustments shall have been paid in advance and, in addition, such person shall be 

deemed to have violated this chapter. No bypass or connection between a water meter and a water main shall be 

made or maintained without the permission in writing of the Director of Utilities. It is unlawful for any person, other 

than the authorized agents and employees of the Utilities Department, to turn on water after it has been turned off at 

any meter or connection, or for any reason to take or use water without notifying the Director of Utilities, or to cut in 

or make connections with the water mains without permission in writing of the Director of Utilities. 

(b) No person other than an employee of the Utilities Department or of the Fire Department shall tie-in to an 

existing water main, alter by opening or closing, in total or in part, any valve or blowoff, or in any manner tamper 

with the water production, storage and distribution system without a written permit from the Director of Utilities. 

(c) Violation of this section is a misdemeanor punishable as provided in Section 1-6.01 of this Code. (Prior 

Code § 20-37; Ord. 2003-02, eff. 3/6/03; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.20. Meter testing: At installation. 

Prior to installation, each meter will be factory tested by and no meter found to vary more or less than set out in 

guidelines of the American Waterworks Association under conditions of normal operation will be placed in service. 

(Prior Code § 20-38 (A) (1); Ord. 2005-01, eff. 3/3/05) 

Section 8-10.21. Meter testing: At customer request. 

(a) A customer may, giving not less than two (2) weeks' notice, request the Utilities Department to test the 

meter serving his premises. 

(b) The Utilities Department may require the customer to deposit an amount to cover the reasonable cost of 

test, as provided in the Schedule of Fees and Charges within this Code. 

8-10-5

(c) This deposit will be returned if the meter is found to register more than two percent (2%) fast. The 

customer will be notified not less than five (5) days in advance of the time and place of test. 

(d) A customer shall have the right to require the Utilities Department to conduct the test in his or her presence, 

or in the presence of his or her representative. 

(e) A written report giving the results of the test will be shown to the customer within ten (10) days after 

completion of the test. (Prior Code § 20-38 (A) (2) (part); Ord. 2005-01, eff. 3/3/05) 

Section 8-10.22. Meter error. 

When, upon test, a meter is found to be registering more than two percent (2%) fast, under conditions of normal 

operation, the City will credit to the customer the full amount of the overcharge, based on corrected meter readings 

for the period, not exceeding six (6) months, that the meter was in use. (Prior Code § 20-38 (B); Ord. 2005-01, eff. 

3/3/05) 

Section 8-10.22.1. 3/4” x 3/4” Meter Credits. 

When a 5/8” x 3/4” water meter does not provide sufficient flow for a dwelling and the next available meter size 

involving a 1” provides more flow then is needed for that dwelling, the Director of Administrative Services may 

issue a credit equivalent to the difference between the base rates established by Ordinance No. 77-933 for the 1” 

meter compared to the proportionate cost of a 3/4” x 3/4” monthly meter charge if this size meter was currently in 

the present rate structure. The credit may be adjusted to reflect the approved water meter rate increases according to 

Ordinance No. 2009-10. (Ord. 2009-22, eff. 11/5/09) 

Section 8-10.23. Non-registering meter. 

The City may bill the customer for water consumed while the meter was not registering. The bill will be 

computed upon an estimate of consumption based either upon the customer's prior use during the same season of the 

year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the 

same period and under similar circumstances and conditions. (Prior Code § 20-38 (C); Ord. 2005-01, eff. 3/3/05) 

Section 8-10.24. Backflow prevention devices. 

Repealed per Ord. 2005-01, eff. 3/3/05. 

Section 8-10.25. Nonliability for private facilities. 

The City shall in no way whatsoever be responsible for any damage to person or property because of any 

leakage, breakage or seepage from or accident or damage to any meter or pipe situated within any private premises, 

and the City shall not be responsible for any leakage, breakage or seepage from any pipe situated between any meter 

properly installed at the curb and the private premises served thereby, nor shall the City be responsible for or on 

account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated 

upon private property. (Prior Code § 20-40) 


The Director of Utilities, any officer, or health officer, or his or her designee, shall at all times upon proper 

authorization or inspection warrant have the right of ingress and egress to the consumer's premises at all reasonable 

hours for any purpose reasonably connected with the furnishing and conservation of water, for the inspection of the 

entire water system upon such premises, and for the inspection of all plumbing on the premises relating to sewage. 

In the event City access to the customer’s meter is prevented due to tampering or physical obstruction, the 

customer may, at the City’s discretion, be charged an average rate based on the customer’s past usage or typical 

usage in the City for the time while access is prevented. The customer’s rate shall be adjusted to reflect actual usage 

if actual usage is discovered. (Prior Code § 20-41; Ord. 2003-02, eff. 3/6/03; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.27. Shutoff for repairs. 

The City reserves the right to shut off the water from any premises, or from any part of the distribution system, 

as long as necessary, without notice to the consumer, or interrupt sewer service at any time when the welfare of the 

City may require it; but, in all cases of extension or connections, the water or sewer divisions shall notify consumers 

of the necessity of shutting off water or interrupting sewer service and of the probable length of time thereof. (Prior 

Code § 20-42) 

8-10-6

Section 8-10.28. Fire hydrant use. 

(a) Public fire hydrants shall be placed, maintained and repaired by the Utilities Department. Any persons, 

other than representatives of the City, damaging such hydrants shall liable for such damages. 

(b) Fire hydrants are provided for the sole purpose of extinguishing fires, and shall be used otherwise only as 

provided for in this chapter, and shall be opened and used only as authorized by the City. 

(c) All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City, 

shall be required to obtain a permit from the Director of Utilities, who shall issue no such permit to any person who 

is in violation of any of the provisions of this chapter, or whose indebtedness to the City under this chapter is 

delinquent; and all such persons having permits for use of water from fire hydrants must provide hydrant wrenches 

for the operation of such fire hydrants. 

(d) Permits for the use of water through the fire hydrants of the City may be cancelled by the Director of 

Utilities on evidence that the holder thereof is or has violated the privileges conveyed under the permit. Such notices 

of cancellation shall be in writing officially delivered to the persons to be notified, and shall be immediately 

effective and enforced. (Prior Code § 20-43; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.29. Billing: Delinquency. 

All bills for any service rendered under this chapter shall be due and payable on the mailing date thereof, which 

date shall be plainly stamped upon each bill. If any bill is not paid within fifteen (15) days from the mailing date, the 

bill shall thereupon be delinquent. If any bill is not paid within one (1) month after the mailing date thereof, the 

water may be shut off from the premises of such delinquent consumer, and may not be turned on again for such 

consumer until all arrearages in water bills of the consumer have been paid in full, together with a minimum 

reconnection charge as provided in the Schedule of Fees and Charges within this Code. An additional reconnection 

charge of actual costs incurred to reconnect the water service will be assessed to a delinquent consumer who 

requests the water to be turned on during other than normal working hours. Water service may be disconnected from 

the premises occupied by, or may be refused to, any such consumer whose bills are unpaid more than one (1) month 

for service supplied at any other address. (Prior Code § 20-44 (part)) 

Section 8-10.30. Disconnection for nonpayment. 

A consumer's water service may be disconnected for nonpayment of a bill of such consumer for service 

rendered at a previous location served by the Utilities Department, provided such bill is not paid within thirty (30) 

days after presentation at the new location. (Prior Code § 20-45; Ord. 2005-01, eff. 3/3/05) 

Section 8-10.31. Disputed accounts. 

Disputed accounts where a significant excess of water has been metered, and upon investigation by the Utilities 

Department, it is found to have been due to hidden leaks or causes not detectable by the consumer in the exercise of 

ordinary care, may be adjusted by the Director of Utilities on the basis of the average consumption indicated from 

past records for a like period, plus an amount as provided in the Schedule of Fees and Charges within this Code for 

excess water metered or lost; provided, that the consumer shall furnish sufficient evidence to the satisfaction of the 

Director of Utilities that corrective measures have been taken. (Prior Code § 20-46 (part); Ord. 2005-01, eff. 3/3/05) 

Section 8-10.32. Waste: Leaking facilities. 

(a) Each and every consumer shall maintain in good repair all his water pipes, faucets, valves, plumbing 

fixtures or any other appliances, at all times to prevent waste of water. 

(b) Where any consumer willfully neglects to make such necessary repairs, the water shall be shut off and 

sealed by the Utilities Department and shall not be turned on again until repairs have been made to the satisfaction 

of the Department, and a turn-on fee as provided in the Schedule of Fees and Charges within this Code is paid by the 

consumer to the City. (Prior Code § 20-47 (part); Ord. 2005-01, eff. 3/3/05) 

Section 8-10.33. Waste: Sprinkling. 

Where any consumer willfully and negligently wastes water through the misuse of sprinklers or any other 

facilities, the water may be shut off and sealed by the Utilities Department, and shall not be turned on again until a 

turn-on fee as provided in the Schedule of Fees and Charges within this Code is paid by the consumer to the City. 

(Prior Code § 20-48; Ord. 2005-01, eff. 3/3/05) 

8-10-7

Section 8-10.34. Automatic annual rate increase. 

The rates provided for in Sections 8-10.07 through 8-10.15, 8-10.18, 8-10.22, 8-10.23, 8-10.29, 8-10.31, 8- 

10.32 and 8-10.33 shall be increased five percent (5%) on July 1st of each year commencing with July 1, 1978. 

(Prior Code § 20-48.1) 

Section 8-10.35. Rate increase by resolution: Authorized. 

The rates provided for in Sections 8-10.03 through 8-10.15, 8-10.18, 8-10.22, 8-10.23, 8-10.29, 8-10.31, 8- 

10.32 and 8-10.33 may be amended from time to time by resolution of the Council. (Prior Code § 20-48.2) 

Section 8-10.36. Rate increase by ordinance: Required. 

The rates provided for in Sections 8-10.03 and 8-10.05 shall be amended annually by ordinance approved by 

two-thirds of the members of the Council on or prior to the tenth day of January to reflect the increase or decrease of 

construction costs on the basis of a factor recommended by the Director of Utilities, which factor shall be based 

upon the Engineering News-Record Cost of Construction Index published by McGraw-Hill Publishing Company. 

(Prior Code § 20-48.3; Ord. 88-22 § 2 (G)(part), eff. 1/5/89; Ord. 89-4 § 3, eff. 3/23/89; Ord. 2005-01, eff. 3/3/05) 

8-10-8

CHAPTER 8-10A 

CROSS CONNECTIONS 

Section 8-10A.01. Cross Connection Control - General Policy. 

(Ord. 2003-01, eff. 3/6/03) 

Section 8-10A.02. Purpose. 

(a) To protect the public potable water supply of the City of Santa Maria from the possibility of contamination 

or pollution by isolating within the responsible party's internal or private water system(s) such contaminants or 

pollutants which could backflow into the public water distribution system; and 

(b) To promote the elimination or control of existing cross connections, actual or potential, between the 

responsible party's in-plant potable water system(s) and non-potable water system(s), plumbing fixtures, and 

industrial piping system(s); and 

(c) To provide for the maintenance of a continuing program of cross connection control which shall 

systematically and effectively prevent the contamination or pollution of the publicly owned potable water system. 

Section 8-10A.03. Definitions. 

(a) Approved. Accepted by the Director of Utilities as meeting an applicable specification stated or cited in 

this ordinance, or as suitable for the proposed site. 

(b) Approved Backflow Prevention Assembly. A means or manufactured device in full conformance with 

the standards established by the California Code of Regulations (CCR), Title 17 - Group 4 - Article 1 (June 6, 1987) 

or successor section, the American Water Works Association (AWWA) or its successor organization, which has met 

the laboratory and field performance specifications of the Foundation for Cross Connection Control and Hydraulic 

Research (FCCC&HR) of the University of Southern California (USC) and have been published in the Manual of 

Cross Connection Control – Ninth Edition, or any successor edition. 

(c) Auxiliary Water Supply. Any water supply on or available to the premises other than the City of Santa 

Maria public potable water supply. 

(d) Backflow. The undesirable reversal of the normal flow of water or mixtures of water and other liquids, 

gases, or other substances into the distribution pipes of the public potable water distribution system due to 

backpressure or backsiphonage from any source. 

(e) Backpressure. Any elevation of pressure in the downstream piping system above the supply pressure 

which would cause, or tend to cause, a reversal of the normal direction of flow. 

(f) Backsiphonage. A form of backflow due to a reduction in system pressure which causes a subatmospheric 

pressure to exist at a site in the water system. 

(g) Contamination. An impairment of the quality of the potable water by sewage, reclaimed water, industrial 

fluids, waste, compounds or other materials to a degree which creates an actual hazard to the public health through 

poisoning or through the spread of disease. 

(h) Cross Connection. Any unprotected actual or potential connection or structural arrangement of piping or 

fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable 

or used water, industrial fluids, gas, or substance through which, or because of which, backflow may occur 

into the potable water system. Cross connection includes temporary connections such as swing connections, 

removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices, or sliding 

multiport tubes. 

(i) Cross Connection Control by Containment. Appropriate type or method of backflow protection at the 

service connection, commensurate with the degree of hazard of the consumer’s potable water system. 

(i-1) Director of Utilities. The administrator/manager in charge of all aspects of the Utilities Department. 

(j) Distribution System. The network of conduits used for the delivery of potable water from the source to 

the responsible party's system. 

(k) Hazard/Degree of Hazard. Either a pollutional (non-health) or contamination (health) hazard derived 

from the evaluation of conditions with a water system: 

(1) Health Hazard. An actual or potential threat of contamination of a physical or toxic nature to the 

public potable water system or the responsible party’s potable water system that would be a danger to health. 

(2) Plumbing Hazard. An internal piping arrangement creating a cross connection in a responsible 

party's potable water system that may be a pollution or contamination hazard. 

(3) Pollutional Hazard. An actual or potential impairment of the quality of the water to a degree which 

does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities 

of such waters for domestic use, constituting a nuisance or causing the water to appear unclean or unclear. 

8-10A-1

(4) System Hazard. An actual or potential threat of severe damage to the physical properties of the 

public or consumer's potable water system, or of a pollution or contamination which would have a protracted effect 

on the quality of the potable water in the system. 

(5) Thermal Hazard. Any condition, device, or practice which causes the water temperature to rise over 

110 degrees Fahrenheit (43.3 degrees Centigrade) as stated in the Uniform Plumbing Code or its successor 

publication. 

(l) Industrial Fluids System. Any fluid or solution which may be chemically, biologically or otherwise 

contaminated or polluted in a form or concentration such as would constitute a hazard if introduced into the City of 

Santa Maria public potable water supply. This may include, but is not limited to: polluted or contaminated waters; 

all types of process waters and used waters originating from the public potable water system which may have 

deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkaline; circulating cooling waters 

connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized 

with toxic substances; contaminated natural waters such as that from wells, springs, streams, rivers, bays, harbors, 

seas, irrigation canals or systems, etc.; oil gases, glycerine, paraffins, caustic and acid solutions and other liquid and 

gaseous fluids used in industrial or other purposes or for fire fighting purposes. 

(m) Operational Tests. Backflow assembly tests performed to test the functioning capabilities of the 

assembly using a properly calibrated differential pressure gauge and performed as published in the Manual of Cross 

Connection Control – Ninth Edition, or any successor edition. 

(n) Pollution. The impairment of the quality of the water to a degree which does not create a hazard to the 

public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic 

use. 

(o) Potable Water. Water which is satisfactory for drinking, culinary, and domestic purposes and meets the 

requirements of the United States Environmental Protection Agency (USEPA) or its successor organization. 

(p) Premises. Any location, building, structure, residence, garage, room, shed, shop, store, dwelling, lot, 

parcel, land or portion thereof, whether improved or unimproved. 

(q) Process Water. Water that has been through commercial or industrial procedures rendering it nonpotable. 

(r) Public Works Director. Repealed pursuant to Ordinance 2005-01. 

(s) Reclaimed Water. Water resulting from the treatment of wastewater that is categorized as houzardous 

because it does not meet the requirements of the United States Environmental Protection Agency (USEPA) or its 

successor organization as being safe for human consumption, yet suitable for a direct beneficial reuse or a controlled 

use that would not otherwise occur. 

(t) Responsible Party. The owner, operator, manager or occupant of a building or property which has water 

service from a public potable water distribution system; the owner, manager or operator of a private water system 

that has water service from a public potable water distribution system. 

(u) Service Connection. The terminal end of a tie-in to the public potable water system; i.e., the location 

where the City of Santa Maria loses jurisdiction and sanitary control over the water. If a meter is installed at the end 

of the service connection, then the service connection means the downstream end of the meter. 

(v) Service Line. A line of private piping extending from the service connection to the responsible party's 

point(s) of use. 

(w) Used Water. Any water supplied by a water purveyor from a public potable water distribution system to a 

responsible party's water system after it has passed through the point of delivery and is no longer under the sanitary 

control of the water purveyor. 

(x) Utilities Manager. Repealed pursuant to Ordinance 2005-01. 

(y) Water System. In the City of Santa Maria, the water system is made up of two parts: 

(1) The public potable water distribution system includes all the facilities and the network of conduits used 

for the delivery of water that remain under the complete control of the City of Santa Maria up to the point where the 

responsible party's system begins. 

(2) The responsible party's system includes those parts used for the delivery of water to points of use 

located on the responsible party's premises beyond the termination of the public potable water distribution system. 

(Ord. 2007-08, eff. 7/5/07; Ord. 2005-01, eff. 3/3/05) 

Section 8-10A.04. Authority of Director of Utilities. 

The Director of Utilities shall have the authority to protect the public potable water distribution system from 

contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. 

(Ord. 2005-01, eff. 3/3/05) 

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Section 8-10A.05. Installation Requirements. 

(a) No responsible party shall install or maintain a service connection to the City of Santa Maria public potable 

water distribution system without first installing one or more approved backflow prevention assemblies as required 

in this article. Installation(s) shall be at the expense of the responsible party and shall be performed by a plumbing 

contractor licensed by the State of California. 

(b) In the event of new property development, re-construction, renovation, or restoration where there is a direct 

connection to the City’s potable water system, the responsible party shall seek prior approval from the Director of 

Utilities or his/her designee for the backflow prevention assembly(s) intended for installation through the 

Community Development Department plan approval and permitting process. 

(c) In all cases it shall be the obligation of the responsible party to contact the City of Santa Maria Utilities 

Department during any construction involving water service, and in all cases in which the City of Santa Maria has 

been made aware of an existing cross connection, an approved backflow prevention assembly is required at the 

responsible party's existing water service connection, or within the responsible party's existing private water system. 

The Director of Utilities or his/her designee shall give notice in writing to said responsible party to install an 

approved backflow prevention assembly(s) at a specific location(s) at the responsible party's own expense. 

(d) All backflow prevention assembly installations – including spatial requirements and assembly orientation – 

shall be performed according to the FCCC&HR of USC as established in the Manual of Cross-Connection Control – 

Specifications of Backflow Prevention Assemblies,, ninth edition, or any successor edition. 

(e) All backflow prevention assemblies installed prior to adoption of this ordinance which do not meet the 

specific requirements as defined in the section entitled “regulation,” but were approved devices for the purposes 

described herein at the time of installation and which have been properly maintained, shall be exempt from the 

requirements of this section as long as the assemblies pass all required tests and replacement parts remain available. 

When that is no longer the case, the assembly must be replaced by an approved assembly that meets the 

requirements set forth in this chapter. 

(f) Whenever an existing assembly is moved from the present location or requires more than minimum 

maintenance, or when the Director of Utilities or his/her designee finds that the maintenance constitutes a hazard to 

the public potable water distribution system, the responsible party shall replace the assembly with an approved 

backflow prevention assembly that meets the requirements set forth in this article. 

(g) Cross connection control by containment at the service connection shall be utilized by the responsible party 

in the case of any premise where there are actual or potential unprotected cross connections within the responsible 

party's water system and it is physically and economically infeasible to find and permanently eliminate them. 

(h) The responsible party shall install an approved backflow prevention assembly on each service line to a 

responsible party's water system at or near the property line or immediately inside any building being provided 

water from the public potable water distribution system, but in all cases, before the first branch line leading off the 

service line, where one or more of the following conditions exist: 

(1) In the case of premises having an auxiliary water supply (including reclaimed water) which is not, or 

may not, be safe from bacteriological or chemical contamination, and which is not acceptable as an additional source 

by the City of Santa Maria, the public potable water distribution system shall be protected from backflow by the 

installation of an approved backflow prevention assembly in the service line appropriate to the degree of hazard. 

(2) In the case of premises on which any industrial fluids or any other objectionable substance is handled 

in such a fashion as to create an actual or potential hazard to the public potable water distribution system, the water 

distribution system shall be protected against backflow from the premises by the installation of an approved 

backflow prevention assembly in the service line appropriate to the degree of hazard. This shall include the 

handling of process waters and waters originating from the water distribution system which have been subject to 

deterioration in quality. 

(3) In the case of premises (a) having one or more internal cross connections that cannot be permanently 

corrected or controlled, or (b) having intricate plumbing and piping arrangements, or (c) where entry to all portions 

of the premises are not readily accessible for inspection purposes making it impractical or impossible to ascertain 

whether or not dangerous cross connections exist, the public potable water distribution system shall be protected 

against backflow from the premises by installing an approved backflow prevention assembly in the service line. 

(i) No responsible party shall remove, alter, repipe, or by-pass backflow prevention assemblies required by 

this ordinance or maintain an existing unprotected actual or potential cross connection. 

(j) No responsible party shall install or maintain an unprotected takeoff from the service line ahead of any 

meter or any backflow prevention assembly located at the point of delivery to the responsible party's water system. 

(k) Within ten (10) days after notice of the backflow prevention assembly(s) installation requirements, the 

responsible party may submit a written request for review of the requirement with the Director of Utilities or his/her 

designee. A meeting with the Director, or Director’s designee, will be scheduled within ten (10) days after receipt 

8-10A-3

of the request. The Director/designee will issue a written response within ten (10) days after completion of the 

meeting. The Director/designee’s response shall be final. 

(l) Failure, refusal or inability on the part of the responsible party to install required assembly(s) shall be 

grounds to curtail water service to the premises until all requirements have been satisfactorily met. (Ord. 2007-08, 

eff. 7/5/07; Ord. 2005-01, eff. 3/3/05) 

Section 8-10A.06. Testing Requirements. 

(a) It shall be the duty of the responsible party at any premises where backflow prevention assemblies are 

installed to have operational tests made upon each assembly upon initial installation and at least once per year 

thereafter. These tests shall be at the expense of the responsible party and shall be performed by a certified City of 

Santa Maria approved backflow prevention assembly tester. 

(b) The Director of Utilities or his/her designee may require additional inspections and operational tests if 

contamination or the potential to contaminate the public potable water distribution system has been detected. 

Additional testing may also be required based upon CCR, Title 17 - Group 4 - Article 1 (June 6, 1987) or successor 

section. These inspections and tests shall be at the expense of the responsible party and shall be performed by a 

certified City of Santa Maria approved backflow prevention assembly tester. 

(c) The responsible party shall notify the Director of Utilities or his/her designee in advance when additional 

tests are to be undertaken so that Utilities Department qualified personnel may witness the test(s) if so desired. 

(d) All backflow assembly operational tests shall be performed using a properly calibrated differential pressure 

gauge. Calibration shall be done on an annual basis, and proof of calibration shall be submitted to the City of Santa 

Maria. Operational testing methods used shall be those from the FCCC&HR of USC as established in the Manual of 

Cross Connection Control – Specifications of Backflow Prevention Assemblies, ninth edition, or any successor 

edition. 

(e) The responsible party shall have repaired, overhauled or replaced any backflow assembly which fails to 

meet testing requirements without manipulation by a certified City of Santa Maria approved backflow prevention 

assembly tester or plumbing contractor licensed by the State of California; the assembly shall be retested by a 

certified City of Santa Maria approved backflow prevention assembly tester ensuring it passes all testing 

requirements. 

(f) Within ten (10) days after notice of the backflow prevention assembly(s) testing requirements, the 

responsible party may submit a written request for review of the requirement with the Director of Utilities or his/her 

designee. A meeting with the Director or Director’s designee will be scheduled within ten (10) days after receipt of 

the request. The Director/designee will issue a written response within ten (10) days after completion of the 

meeting. The Director of Utilities/designee’s response shall be final. 

(g) Failure, refusal or inability on the part of the responsible party to test and maintain required assembly(s) 

shall be grounds for discontinuing water service to the premises until all requirements have been satisfactorily met. 

(h) The responsible party shall complete testing within fifteen (15) days after installation of a new device. 

(Ord. 2005-01, eff. 3/3/05) 

Section 8-10A.07. Record Keeping and Submittal. 

(a) It shall be the duty of the responsible party to submit all records and documentation of any and all 

inspections, tests, repairs, renovations, rebuilds, restorations, or replacements of backflow assembly(s) to the City of 

Santa Maria Utilities Department. 

(b) For a period of three years after their creation, the responsible party shall maintain copies of all reports, 

records, and documentation in the standard form currently utilized by the Utilities Department. The responsible 

party shall supply copies of these documents to the Director of Utilities or his/her designee upon request. (Ord. 

2005-01, eff. 3/3/05) 

Section 8-10A.08. Regulations 

(a) An approved air gap separation is a means of preventing backflow by a physical separation between the 

free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An 

approved air gap separation shall be at least double the diameter of the supply pipe, measured vertically, above the 

overflow rim of the vessel, and in no case shall be less than one inch. The approved air gap separation shall meet 

performance specifications as determined by the Director of Utilities or his/her designee. 

(b) An approved Atmospheric Vacuum Breaker Backsiphonage Prevention Assembly (AVB) shall be an 

assembly containing an air inlet valve, a check seat and an air inlet port(s). The flow of water into the body causes 

the air inlet valve to close the inlet pert(s). When the flow of water stops, the air inlet valve falls and forms a check 

valve against backsiphonage. At the same time it opens the air inlet port(s) allowing air to enter and satisfy the 

8-10A-4

vacuum. A shutoff valve immediately upstream may be an integral part of the assembly, but the assembly shall not 

be subjected to operating pressure for more than twelve (12) hours in any twenty-four (24) hour period. An 

atmospheric vacuum breaker is designed to protect against a non-health hazard or a health hazard under a 

backsiphonage condition only. 

(c) An approved Double Check – Detector Backflow Prevention Assembly (DCDA) shall be a specially 

designed assembly composed of a line-size approved double check valve assembly with a bypass containing a 

specific water meter and an approved double check valve assembly. The meter shall register accurately for only 

very low rates of flow up to 3 gallons per minute (gpm) and shall show a registration for all rates of flow. The 

DCDA shall only be used to protect against a non-health hazard and is primarily used on fire sprinkler systems. 

(d) An approved Double Check Valve Backflow Prevention Assembly (DC) shall be an assembly composed of 

two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at 

each end of the assembly and fitted with properly located resilient seated test cocks. The DC shall be readily 

accessible for in-line testing and maintenance and shall be installed in a location where no part of the assembly is 

submerged. The DC shall only be used to protect against a non-health hazard. 

(e) An approved Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB) shall be an assembly 

containing an independently operating internally loaded check valve and an independently operating loaded air inlet 

valve located on the discharge side of the check valve. The assembly is to be equipped with properly located 

resilient seated test cocks and tightly closing resilient seated shutoff valves attached at each end of the assembly. 

This assembly is designed to protect against a non-health hazard or a health hazard under backsiphonage condition 

only. 

(f) An approved Reduced Pressure Principle Backflow Prevention Assembly (RP) shall be an assembly 

containing two independently acting approved check valves together with a hydraulically operating, mechanically 

independent pressure differential relief valve located between the check valves and at the same time below the first 

check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated 

shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health or health 

hazard. 

(g) An approved Spill-Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB) shall 

be an assembly containing an independently operating internally loaded check valve and independently operating 

loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a 

properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated 

shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non-health 

hazard or a health hazard under a backsiphonage condition only. 

(h) In all cases the backflow prevention assembly installed at any location to protect the City of Santa Maria 

public water supply shall be on the current List of Approved Backflow Prevention Assemblies, which supersedes all 

prior lists, published by the University of Southern California Foundation for Cross-Connection Control and 

Hydraulic Research. 

(i) Unless otherwise specified by the manufacturer all assemblies are to be installed on cold potable water 

applications – below 110˚F. All listed assemblies are approved for the indicated orientation only, and the use of 

spare parts other than those of the original manufacturer invalidates approval. 

(j) The Director of Utilities or his/her designee shall approve the model and size of backflow prevention 

assembly required based upon the degree of hazard, as follows: 

(1) In the case of any premises served by an auxiliary water supply which is not subject to any of 

subsections (2) through (6) below, the public potable water distribution system shall be protected by an approved air 

gap separation or, if acceptable, an approved reduced pressure principle backflow prevention assembly. 

(2) In the case of any premises containing water or substances that would be a pollutional hazard if 

introduced into potable water, the public potable water distribution system shall be protected by an approved double 

check valve assembly. 

(3) In the case of any premises at which there exists any material or practice that would constitute an 

actual or potential health hazard to the water distribution system, the water distribution system shall be protected by 

an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. Examples 

of premises where these conditions exist are sewage treatment plants, sewage pumping stations, water reclamation 

plants, chemical manufacturing plants, hospitals, mortuaries, and plating plants. 

(4) In the case of any premises where there are uncontrolled cross connections, either actual or potential, 

the public potable water distribution system shall be protected by an approved reduced pressure principle backflow 

prevention assembly at the service connection. 

8-10A-5

(5) In the case where reclaimed water is used on premises which have interconnection with the water 

distribution system, the water distribution system shall be protected by an approved air gap separation or, if 

acceptable, an approved reduced pressure principle backflow prevention assembly at the service connection. 

(6) In the case of any premises where, because of security requirements or other prohibitions or 

restrictions, it is impossible or impractical to make a complete in-plant cross connection survey, the water 

distribution system shall be protected against backflow from the premises by an approved reduced pressure principle 

backflow prevention assembly on each service to the premises. 

(k) The responsible party's system shall be open for inspection at all reasonable times during regular business 

hours to authorized representatives of the City of Santa Maria to determine whether cross connections, other 

structural or sanitary hazards, or other violations of these regulations exist. (Ord. 2007-08, eff. 7/5/07; Ord. 2005-01, 

eff. 3/3/05) 

Section 8-10A.09. Enforcement, Violations, and Penalties. 

(a) A Notice of Violation shall be given to any responsible party found to be in violation of any provision of 

this ordinance. The violation shall be corrected within the time frame given in the Notice of Violation. If the 

Director of Utilities or his/her designee determines that the violation is creating or contributing to the existence of an 

imminent hazard, the responsible party shall be required to correct the violation immediately. 

(b) Water service may be terminated after a third violation of the same provision within a one-year period. 

Any person violating any provision of this ordinance shall pay to the City all expenses incurred by the City in 

repairing any damage to the public water distribution system caused in whole or in part by such violation and any 

expense incurred by the City in investigating such violation. 

(c) In addition to other remedies in this ordinance, any responsible party violating any of the provisions herein 

is guilty of a misdemeanor and upon conviction thereof is punishable in accordance with Chapters 1-6 of the Santa 

Maria Municipal Code (SMMC). As additional remedies, any responsible party in violation of this code may be 

subject to summary abatement proceedings, restraining order, injunction issued by a court of competent jurisdiction, 

administrative citation pursuant to Chapter 1-9 of the SMMC, administrative penalty pursuant to Chapter 1-8 of the 

SMMC code, or any other remedy provided by law. (Ord. 2005-01, eff. 3/3/05) 

8-10A-6


REFUSE COLLECTION AND RECYCLING 

Section 8-11.01. Collection and disposal fund. 

The funds of the City, known and designated as the "municipal collection and disposal funds" as of the adoption 

of the ordinance from which this section derives, are continued and re-established. All receipts of the Utilities 

Department, collected under the terms of this chapter, shall be placed in the funds. All expenses incurred by the 

City in the management, control and operation of the Utilities Department, including but not limited to operating 

expenses, maintenance and repair expenses, capital outlays, right-of-way acquisition, debt service, administration 

and legal expenses, reasonable charges or use of City facilities, repayment of loans to other City funds, and billing 

and accounting costs shall be paid out of the collection and disposal funds. The City Manager shall determine what 

portion of joint expenses of salaries and overhead shall be allocable to the funds. The Council, at its discretion, may 

transfer any funds from the municipal collection and disposal funds to the general fund of the City. (Prior Code § 

20-28; Ord. 88-22 § 2 (G), eff. 1/5/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.02. Franchise or license. 

(a) The City may authorize franchises or licenses for the operation of private garbage and refuse companies 

within the corporate limits. Areas may be designated for the specific operation of the City Utilities Department or 

private operator and may be established in a cooperative manner for the best interest of the City and its inhabitants. 

(b) The Director of Utilities may by written permit to a private company authorize the company to provide 

interim service within the City service area to specific accounts where a type of service is to be rendered that 

presently is not offered by the City. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.03. Hauling permit. 

(a) The Director of Administrative Services may issue permits with the approval of the Director of Utilities to 

provide that persons may engage in the business of hauling refuse in the City. Any such permits which have been 

issued at any time and unless revoked shall run from year to year. 

(b) Such permits may specify the type of refuse to be hauled and conditions respecting the manner in which 

refuse shall be hauled or disposed of, as that may be necessary for the preservation and protection of the public 

health and safety. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.04. Mandatory service. 

(a) All premises within the limits of the City which are occupied or which have a water service account shall 

have refuse and recycling service, and the election by any person not to accept such service shall not exempt him 

from the payment of the minimum charge for solid waste service, except that this requirement for mandatory service 

shall not apply to any premises within any areas within the City limits receiving solid waste service provided by a 

person, firm or corporation providing such service in such area pursuant to a permit or franchise approved by the 

City; provided, that all premises within such an area which are occupied, or which have a water account, shall have 

refuse and recycling service from such permittee or franchisee, and such service is mandatory and payment shall be 

made therefor to such permittee or franchisee in the same manner and according to the rates prescribed in this 

chapter for payment to be made to the City in areas served by the City and not served by such a permittee or 

franchisee. 

(b) Also excepted from a mandatory solid waste service charge are any unoccupied premises having a water 

service exclusively for irrigation purposes. Persons applying for this exemption shall certify to the exclusive use of 

their water service for irrigation purposes, and occupancy of the premises or use of water for other than irrigation 

purposes is a misdemeanor. 

(c) Also excepted from a mandatory solid waste service charge are occupied premises whereon no garbage, 

trash or solid waste collection was made or charge made therefor, by the City, prior to the twenty-first (21st) day of 

August, 1970, and whereon no garbage, trash or other solid waste of any kind, type or description is or will be 

produced, except such as is and will be lawfully disposed of in a manner not contrary to any of the provisions of this 

chapter and without constituting any hazard to health, welfare and safety; provided, that the owner, his tenant or his 

agent file with the City a certificate that no garbage, trash or other solid waste of any kind, type or description is or 

will be produced, except such as is and will be lawfully disposed of in a manner not contrary to any of the provisions 

of this chapter and without constituting any hazard to health, welfare and safety on the premises under his control 

specifying the location and the reason why that situation is alleged to exist, and acknowledging that if the allegations 

of the certificate are found to be untrue that the person executing the same will be liable for payment of all charges 

for garbage, refuse or solid waste disposal which would have been payable to the City during the period that any 

8-11-1

such charges were not made because of the making and filing of the certificate. The certificate shall be signed under 

penalty of perjury, and shall be accepted only from persons owning, occupying or in control of the premises 

described in the certificate on the twenty-first (21st) day of August, 1970. Such certificates must be completed and 

filed with the City not later than five (5:00) p.m. on the thirty-first (31st) day of December, 1970. The exception 

provided in this subsection shall not be allowed, and the certificate shall be void and have no effect if the allegations 

of the certificate are found to be untrue or inspection of the premises by responsible departments of the City 

demonstrate that garbage, trash or other solid waste is being produced, except that such as is and will be lawfully 

disposed of in a manner not contrary to any of the provisions of this chapter, and without constituting any hazard to 

health, welfare or safety on the premises, or that the manner of disposal thereof, if any, set forth in the allegations of 

the certificate is detrimental to the public health, safety or welfare. All such certificates shall be signed in the 

presence of and filed with the Director of Administrative Services or his designated representative, and it shall be 

the responsibility of the Director of Administrative Services to review each such certificate as filed, and to require 

that the responsible departments of the City review the certificate and inspect the subject premises to ensure 

compliance with this chapter. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.05. Unlawful collection or transport. 

(a) It is unlawful for any person to move or transport through the City any refuse or recycling except in 

vehicles owned and operated by the City or approved in writing by the City Manager. 

(b) It is also unlawful for any person to collect refuse or recycling within the City, and it is unlawful to bury or 

otherwise dispose of refuse or recycling except as provided in this chapter. All collection, transportation and 

disposal of refuse and recycling shall be done exclusively by the City except as otherwise provided in this chapter, 

and the City reserves unto itself the exclusive right to collect, transport and dispose of all refuse and recycling to be 

collected, transported and disposed of, or refuse or recycling produced and found within the City. Nothing contained 

in this chapter shall be construed to prohibit persons from collecting or transporting dead animals within the City. 

Nothing contained in this chapter shall be construed to prevent the occupants of any property or premises from 

transporting or disposing of refuse or recycling belonging to them and produced on the premises occupied by them; 

provided, that if such occupant elects to transport or dispose of refuse or recycling belonging to him and produced 

on the premises occupied by him, he shall nevertheless be required to pay the charge provided in this chapter for 

garbage, refuse and recycling collection. 

(c) Nothing contained in this chapter shall be construed to prevent the occupant of any property or premises 

from contracting with any person who provides a service to the premises, such as gardening, landscaping, repair or 

maintenance, to transport or dispose of refuse or recycling created by such service; provided, that such 

transportation or disposal of such refuse or recycling so created is incidental to the primary service rendered to the 

premises, as described in this chapter, is limited strictly to the transportation or removal of refuse or recycling 

created by the provisions of such service to the premises, and the person contracted with holds a current valid City 

business license for the business of conducting such primary service; provided, however, that the occupant so 

contracting for the transportation or removal of refuse or recycling so created shall nevertheless be required to pay 

the charges provided in this chapter for garbage, refuse and recycling collection. 

(d) All refuse, recycling and garbage collected by the City shall become City property when placed in a City 

curbside container on a regular service day, and may be disposed of in any manner convenient to the City. (Ord. 89- 

11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.06. Placement for collection: Generally. 

(a) All refuse and recycling automated, bin or can containers shall be kept on the premises for which they are 

provided in a place readily accessible for removing and emptying the same. In case of dispute as to the place where 

they shall be kept, the Director of Utilities shall forthwith designate such place, and his decision thereon shall be 

final. 

(b) It shall be the duty of every occupant of a dwelling, house or a residence in the City, whether such occupant 

is the owner, tenant, lessee or otherwise, and of every proprietor, manager, owner or lessee of any other premises in 

the City, to place in automated, bin or can containers of the type and number required in this chapter all refuse and 

recycling created, produced and accumulated upon the premises so occupied or under his control, unless otherwise 

provided in this chapter. It is unlawful for any such person to suffer, allow or permit refuse to collect or remain upon 

the premises so occupied or under his control, except as provided in this chapter. (Ord. 89-11 § 2 (part), eff. 5/4/89; 

Ord. 2005-01, eff. 3/3/05) 

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Section 8-11.07. Placement for collection: Multiple units and businesses. 

Occupants of apartment houses, motels, hotels or any other multifamily dwellings or business establishments 

paying one (1) disposal charge for all units must place all refuse and recycling automated, bin or can containers at 

one (1) location on the premises for pickup, such location to be designated by Director of Utilities. If containers are 

picked up at individual locations, charges shall be made accordingly. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005- 

01, eff. 3/3/05) 

Section 8-11.08. Receptacles required. 

Every person in possession, charge or control of any premises upon which refuse or recycling is produced shall 

provide or have provided refuse and recycling automated, bin or can containers of sufficient number and capacity to 

hold the accumulation of refuse between the times fixed for the collection of refuse and recycling. (Ord. 89-11 § 2 

(part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.09. Tampering with receptacles. 

It is unlawful for any unauthorized person to open or damage any refuse or recycling automated, bin or can 

container or to collect, molest or scatter the refuse or recycling stored in such automated, bin or can container or to 

deposit any refuse or recycling in such automated, bin or can container. 

The cost to replace a lost City-owned receptacle, which is deemed to be the responsibility of that particular 

premise, will be billed to that applicable solid waste service account. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005- 

01, eff. 3/3/05) 

Section 8-11.10. Frequency of collection. 

All refuse shall be collected from every occupied dwelling house or residence within the City at least once each 

calendar week, and as many times per week from all other premises within the City as may be found necessary by 

the Director of Utilities for proper cleanliness. All residential recycling shall be collected every other week on the 

same day as residential trash collection, or at such other times as may be determined by the Director of Utilities. All 

commercial recycling shall be scheduled for collection as needed, by the Director of Utilities or his/her designee. 

(Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.11. Rules and regulations. 

The Director of Utilities shall have authority to make necessary rules and regulations concerning the collection, 

transportation and disposal of refuse and recycling within the City, and he or she shall provide among other things 

for the time and method of collection, subject to the approval of the City Manager, and except as otherwise provided 

in this chapter. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 


To facilitate the enforcement of this chapter and to carry out the purposes and provisions of this chapter, it is 

lawful for the Chief of Police, health officer, Fire Chief and any other peace officer of the City to enter any premises 

within the City for the purpose of ascertaining the sanitary condition thereof and the unlawful and dangerous 

accumulation of refuse or recycling therein or thereon. The Fire Chief and members of the Police Department and 

the health officer of the City are, and each of them is, required to enforce the provisions of this chapter, and any 

person denying or obstructing any such entry or inspection is guilty of a misdemeanor. (Ord. 89-11 § 2 (part), eff. 

5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.13. Unusual accumulations. 

In the case of any unusual accumulation of refuse or recyling; that is to say, an accumulation that cannot be 

practicably removed by means of the regular collection service provided, the accumulation shall be collected and 

disposed of by the Utilities Department, at the request of the person owning or in charge or control of the 

accumulation, at such rates as may be set by the Director of Utilities. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005- 

01, eff. 3/3/05) 

Section 8-11.14. Automated service: Generally. 

(a) Rates. There shall be a charge made to each premises for disposal service for garbage, refuse and (in the 

City’s discretion) recycling. The schedules of such charges indicate rates for service at the street or alley right-ofway 

line (within public right-of-way) as well as rates for service at a location no more than forty (40) feet from the 

right-of-way. Such charges shall be made in accordance with the schedules based on the number of automated 

8-11-3

containers serviced and the frequency of pickup per week adopted by resolution of the Council. Amendments to the 

rates shall increase or decrease to the nearest multiple of five cents ($.05). 

(b) Location for Pickup. Except on the date the City is picking up garbage, and refuse for disposal, all garbage, 

refuse and recycling and containers for them shall be kept to the rear of any front yard setback required by the City. 

On days of pickup, such containers and refuse shall be placed within the public right-of-way unless a contrary 

arrangement has been made with the Director of Utilities. 

(c) Special Rates for Unusual Locations. Where pickup is desired other than within the public right-of-way, 

containers shall be placed at a location readily accessible for removing and emptying the containers at such locations 

as designated by the Director of Utilities. Such locations shall not be more than forty (40) feet from the public rightof-way 

unless an arrangement for a different location has been specifically made by the customer with the Director 

of Utilities, who is empowered to establish different rates for pickups more than forty (40) feet from the public rightof-way, 

which rates shall be calculated so as to cause the customer to pay the City the additional expense incurred 

by it for collecting garbage and refuse at such location. 

(d) All refuse and recycling receptacles shall be kept in a clean and sanitary condition by the owner or person 

using the containers and shall be kept tightly covered at all times as proof against access by vectors to the contents 

thereof, except when refuse or recycling is being deposited therein or removed therefrom. 

(e) Recycling that is contaminated with refuse will be serviced as refuse and a regular extra haul fee will be 

charged to the owner or occupant of the premises. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.15. Additional service. 

Section 8-11.15 is repealed pursuant to Ordinance 2005-01. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, 

eff. 3/3/05) 

Section 8-11.16. Bin service. 

(a) Rates. There shall be a charge made to each person receiving disposal service for garbage, refuse and 

recycling from the City which shall be applicable where bin-type containers are provided by the City. 

(b) Large Quantities. Quantities larger than shown on the schedule of rates shall be charged on the basis of a 

proportionate amount as shown for a six (6) cubic yard container. 

(c) Compactor Bins. Applicable rates on applicable schedules are doubled if compactor-type containers are 

used. 

(d) Wet Garbage. All containers holding wet garbage shall be picked up not less than two (2) times a week. 

(Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.17. Solid waste disposal site. 

(a) It is the policy of the City to charge all users of the solid waste disposal site to dispose of garbage and other 

refuse and recycling. Such charges shall be those established from time to time by resolution of the Council. 

(b) All refuse, recycling and garbage to be disposed of at the solid waste disposal site becomes City property 

after payment of appropriate charges for disposal and unloading it at the disposal site. 

(c) No salvaging is permitted by users of the solid waste disposal site. Salvaging can only be permitted by 

written authorization of the Director of Utilities. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.18. Sanitary animal or vegetable byproducts. 

Animal or vegetable byproducts from packinghouses, factories or creameries which are produced under sanitary 

conditions shall not be classed as refuse, but shall belong to and may be removed in a manner acceptable to the 

Director of Utilities by the owners or persons in control of such establishments; provided, that such sanitary 

byproducts shall be removed at least twice a week and that such removal and disposal shall be in all respects subject 

to the terms of this chapter, except that the owners may sell and dispose of such products. (Ord. 89-11 § 2 (part), eff. 

5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.19. Feed garbage. 

The Council may from time to time, by resolution duly passed at a regular meeting of the Council, determine 

that the garbage from certain premises to be described in such resolution, shall be sold by the City as animal feed 

and may provide that the containers for such garbage on such premises shall be marked "For Feed Garbage Only." 

After a container is so marked, it is unlawful for any person to place, deposit or keep in any such container any 

matter other than vegetable, fruit or animal waste resulting from the cooking, handling, storage, sale, preparation, 

use or consumption of food. (Ord. 89-11 § 2 (part), eff. 5/4/89) 

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Section 8-11.20. Compost heaps: Unlawful accumulations. 

(a) It is unlawful for any person to: 

(1) Place, deposit or keep any refuse or recycling on any street, alley, sidewalk, public way or any public 

place or property, or on any premises other than those upon which it was produced; 

(2) Place, deposit or keep any refuse or recycling on any premises, except in containers as provided in this 

chapter, except only that brush and garden trimmings may be kept in a small pile or as a compost heap; 

(3) Keep any accumulation or refuse or recycling whatsoever, either in or out of a container, if such 

accumulation is or may become a menace to health or a fire hazard or otherwise dangerous or offensive; 

(4) Place, deposit or keep in any refuse or recycling container any of the following: 

(A) Dead animals or fowl; 

(B) Human, fowl or animal excreta; 

(C) Loose vacuum cleaner contents; 

(D Dangerous materials such as poisons, acids, oils, paint products, toxic substances, hazardous 

materials, hazardous wastes, caustics or explosives; 

(E) Wearing apparel, bedding or other rubbish from any home or other place where any infectious or 

contagious disease is or has been present. 

(b) The owner or occupant of any premises wherein or whereon are located such items shall forthwith notify 

the Director of Utilities, and the same shall be disposed of in accordance with his directions. (Ord. 89-11 § 2 (part), 

eff. 5/4/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-11.21. Burning. 

(a) It is unlawful for any person to burn or incinerate any refuse or recycling upon any public street, alley or 

other public place in the City. It is unlawful for any person to burn or incinerate any refuse or recycling upon any 

private premises within the City except such burning or incinerating as is done by such person in a fireproof metal, 

brick or concrete furnace or incinerator provided for or capable of being used for such purpose, and which has been 

approved by the Fire Chief of the City and the health department of the county. 

(b) Nothing contained in this section, however, shall prevent the Fire Chief from allowing the burning of 

material for training purposes, for agricultural purposes, or for the abatement of a health or fire hazard when other 

means of abatement are impossible, impractical or unavailable. (Ord. 89-11 § 2 (part), eff. 5/4/89; Ord. 2005-01, eff. 

3/3/05) 

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WASTEWATER COLLECTION, TREATMENT AND DISPOSAL 

Section 8-12.100. Article 1. General Provisions 

Section 8-12.101. Purpose: Objectives. 

This chapter sets uniform requirements for the use of the City’s wastewater collection and treatment system. 

These requirements enable the City to ensure compliance with administrative provisions of the Clean Water Grant 

regulations, discharge requirements as set by the Regional Water Quality Control Board and applicable portions of 

the Federal Water Pollution Control Act as well as ensuring that the City’s inhabitants will derive maximum public 

benefit of the system. To do this, this chapter regulates the construction and use of the City’s wastewater collection 

system, the quality and quantity of wastewater discharged to the system and the issuance of permits to certain users. 

Specific objectives of this chapter are: 

(a) To prevent the introduction of pollutants into the municipality wastewater system which will interfere with 

the operation of the system or contaminate the resulting sludge; 

(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the 

system, inadequately treated, into receiving water or the atmosphere or otherwise be incompatible with the system; 

(c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and 

(d) To provide for equitable distribution of the cost of the municipal wastewater system. (Prior Code § 20-49 

(A) (part) (1--4); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 


Revenues derived from the application of this chapter shall be used to defray the City’s cost of operating and 

maintaining an adequate wastewater collection and treatment system and to provide sufficient funds for capital 

outlay, bond service costs, capital improvements and depreciation. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code 

§ 20-49 (A) (part)) 

Section 8-12.103. Applicability. 

This chapter shall apply to the City and to persons outside the City who are, by contract or agreement with the 

City, users of the City POTW. Except as otherwise provided in this chapter, the Director of Utilities of the City shall 

administer, implement and enforce the provisions of this chapter. (Prior Code § 20-49 (A) (part); Ord. 83-1054 § 1 



(a) Unless otherwise defined in this section, engineering terms shall be as adopted in the latest edition of 

"Standard Methods for the Examination of Water and Wastewater," published by the American Public Health 

Association, the American Water Works Association and the Water Pollution Control Federation. Waste 

constituents and characteristics shall be measured by Standard Methods unless stated expressly or as established by 

federal or state regulatory agencies. Definitions as found in Chapter 8-1 of this Code are applicable to this chapter 

also; however, definitions in this chapter shall take precedence: 

(1) "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as 

amended, 33 U.S.C. 1251, et seq. 

(2) "Applicant" means the person making application for a permit for the use of the City’s wastewater 

collection and treatment system, who shall be the owner of the premises to be served or his authorized agent. 

(3) "Approval authority" means the Director in an NPDES state with an approved State pretreatment 

program and the appropriate Regional Administrator in a non-NPDES state or NPDES state without an approved 

state pretreatment program. 

(4) "Authorized industrial representative" means a legally authorized representative of an industrial user, 

who may be: 

(A) A principal executive officer of at least the level of vice-president, if the industrial user is a 

corporation; 

(B) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; 

(C) A duly authorized representative of the individual designated above if such representative is 

responsible for the overall operation of the facilities from which the indirect discharge originates. 

(5) "Available sewer" means a community sewer within two hundred (200) feet of the property line of any 

premises. 

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(6) "Beneficial uses" means uses of the waters of the State that may be protected against quality 

degradation that include, but are not necessarily limited to, domestic, municipal, agricultural, and industrial supply, 

power generation, recreation, aesthetic enjoyment, and the preservation and enhancement of fish, wildlife and other 

aquatic resources or reserves, and other uses, both tangible and intangible as specified by federal or State law. 

(7) "BOD" (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical 

oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, 

expressed in milligrams per liter. 

(8) "Brine waste" means a concentrated solution of dissolved solids which may be produced as a result of 

regeneration of a water softener exchange bed that has been used to soften water from a source that meets State and 

federal drinking water standards. 

(9) "Building" means a structure used for any purpose which contains a fixture, plumbing system or 

sanitary facility of any type. 

(10) "Categorical standards": see "Standards." 

(11) "Chemical oxygen demand" means the quantity of chemically oxidizable material in wastewaters as 

determined by standard laboratory procedure, expressed in milligrams per liter. 

(12) "Chlorinated hydrocarbons" means chlorinated organic compounds, insecticides, fungicides and 

herbicides that include at least the following: DDT, DDE, DDD, 2,4-D, 2,4,5-T, aldrin, benzene hexachloride, 

chlordane, endrin, heptachlor, lindane, dieldrin, PCB's and arochlors. 

(13) "Chlorine demand" means the quantity of chlorine required to produce a given residual at a given 

contact time from the City’s wastewater treatment plant expressed in milligrams per liter. 

(14) "Class I user" includes all persons discharging wastewater from single-family dwellings, multifamily 

dwellings, auto courts, trailer parks, motels, hotels, rooming houses, boardinghouses and rest homes. 

(15) "Class II user" includes all persons discharging wastewater from office buildings, commercial houses, 

schools, churches, club and lodge buildings, industries and all institutional users where it is determined by the 

Director of Utilities that the user discharges primarily sanitary sewage. 

(16) "Class III user" includes all industrial dischargers except those where it is determined by the Director 

of Utilities that the user discharges primarily sanitary sewage or is classified as a Class IV user. 

(17) "Class IV" user includes any user identified as a categorical industry by the Federal Pretreatment 

Regulations, and all users that discharge either more than twenty-five thousand (25,000) gallons per day (three 

thousand three hundred forty-two (3,342) cubic feet per day) of wastewater, or a flow or pollutant loading of more 

than five percent (5%) of the treatment plant design capacity, or has in its waste a toxic pollutant in toxic amounts as 

defined in standards issued under Section 307(a) of the Federal Act, or is found by the Director of Utilities to have a 

significant impact, either singly or in combination with other contributing industries, on the wastewater collection 

and treatment system. 

(18) "Community sewer" means a sewer owned and operated by the City or other public agency tributary to 

a treatment facility operated by the City. 

(19) "Compatible pollutant" means BOD, suspended solids, pH and fecal coliform bacteria, plus additional 

pollutants identified in the City’s General Waste Discharge Requirement National Pollution Discharge Elimination 

System (NPDES) permit if and when such permit is required and if the City-owned treatment works was designed to 

treat such pollutants, and in fact does remove such pollutants to a substantial degree as defined by the Federal Act. 

(20) "Connection" means the physical attachment of a building, premises, fixture, plumbing system, trap, 

pretreatment facility or any other facility discharging wastewater to a community sewer. 

(21) "Consultant" means a registered civil engineer engaged by written contract with the City. 

(22) "Contamination" means an impairment of the quality of waters by waste which creates a hazard to 

public health through poisoning and/or spread of disease. 

(23) "Control authority" means: 

(A) The POTW if the POTW's submission for its pretreatment program has been approved; or 

(B) The approval authority if the submission has not been approved. 

(24) "Director" means the Chief Administrative Officer of a State or Interstate Water Pollution Control 

Agency with an NPDES permit program approved pursuant to Section 402 (b) of the Act and an approved state 

pretreatment program. 

(25) "Discharger" means any person who discharges, causes or permits the discharge of wastewater into the 

City wastewater collection and treatment system. 

(26) "Dissolved oxygen" means the quantity of oxygen dissolved in water, wastewater or effluent at a given 

temperature and atmospheric pressure expressed in milligrams per liter. 

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(27) "Dissolved solids" means the solid matter in solution in wastewater, as determined by evaporation of a 

sample from which all suspended matter has been removed by filtration, in accordance with procedures in Standard 

Methods. 

(28) "Effluent" means wastewater or other liquid, partially or completely treated, or in its natural state, or 

any portion thereof flowing out of a reservoir, basin, treatment plant or industrial pretreatment facility. 

(29) "Federal Act" means the Federal Water Pollution Control Act, PL 92-500, and any amendments 

thereto, as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency 

pursuant to the Act. 

(30) "Fixture" means lavatory, tub, shower, water closet, garbage disposal or other facility connected by a 

plumbing system to a sewer. 

(31) "Fixture unit" means the flow-producing effect of different fixtures on the collection system as defined 

by the Uniform Plumbing Code, latest edition, published by the International Association of Plumbing and 

Mechanical Officials, a nonprofit organization. 

(32) "Force main" means a pipe or conduit for holding and carrying wastewater under pressure from a 

pumping or lift station to a manhole. 

(33) "Garbage" means putrescible animal, fish, fowl, fruit or vegetable refuse or any part thereof resulting 

from the preparation, storage, handling, processing or consumption of food. 

(34) "Holding tank waste" means any waste from holding tanks such as chemical toilets, campers, trailers, 

septic tanks and vacuum pump tank trucks. 

(35) "Incompatible pollutant" means any pollutant which is not a compatible pollutant, and cannot be 

treated by the POTW treatment process. 

(36) "Industrial discharger" means any non-governmental discharger to publicly owned treatment works, as 

identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended 

and supplemented, under the following divisions: 

(A) Division A. Agriculture, Forestry, and Fishing; 

(B) Division B. Mining; 

(C) Division D. Manufacturing; 

(D) Division E. Transportation, Communications, Electric, Gas and Sanitary; 

(E) Division I. Services. 

A discharger in the divisions listed may be excluded if it is determined by the Director of Utilities 

that it will introduce primarily segregated sanitary sewage. 

(37) "Industrial wastewater" means the waterborne waste and wastewater from any industrial discharger. 

(38) "Industrial discharge" means the introduction of pollutants into a POTW from any non-domestic 

source regulated under Section 307 (b), (c) or (d) of the Act. 

(39) "Industrial user" means a source of discharge into a community sewer from a non-sanitary source. 

Same as "industrial discharger." 

(40) "Industrial waste inspector" means the regulatory compliance specialist who represents of the Director 

of Utilities and who is specifically authorized as industrial waste inspector. 

(41) "Institutional discharger" means any public or nonprofit school, church, hospital, lodge, club, Fire 

Department, library, memorial building or other public or nonprofit activity. 

(42) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from 

other sources, both: 

(A) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or 

disposal; and 

(B) Therefore is a cause of violation of any requirement of the POTW's NPDES/WDR permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or 

disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more 

stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Act (SWDA) (including 

Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State 

regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the 

Clean Air Act, and the Marine Protection, Research and Sanctuaries Act. (40 CFR 404.3.) 

(43) "Manhole" means a structure constructed over and around a sewer extending to the surrounding grade, 

to allow access, inspection, sampling, flow measurement and cleaning of the sewer. 

(44) "Mass emission rate" means the weight of material discharged to the collection system during a given 

time interval. Unless otherwise specified, the mass emission rate means pounds per day of a particular constituent or 

combination of constituents. 

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(45) "National Pollutant Discharge Elimination System Waste Discharge Requirement permit," "NPDES 

permit" or "permit" means a permit issued to a POTW pursuant to Section 402 of the Act. 

(46) ”Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or 

groundwater. 

(47) "New source" means any building, structure, facility or installation from which there is or may be a 

discharge, the construction of which commenced: 

(A) After promulgation of pretreatment standards under Section 307 (c) of the Act which are 

applicable to such source; or 

(B) After proposal of pretreatment standards in accordance with Section 307 (c) of the Act which are 

applicable to such source, but only if the standards are promulgated in accordance with Section 307 (c) within one 

hundred twenty (120) days of their proposal. 

(48) "Nuisance" means anything which is injurious to health or is indecent or offensive to the senses or an 

obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property and which 

occurs at the same time in an entire community or neighborhood or any considerable number of persons, although 

the extent of the annoyance or damage inflicted upon individuals may be unequal. 

(49) "Pass through" means a discharge which exits the POTW into waters of the United States in quantities 

or concentrations which alone or in conjunction with a discharge or discharges from other sources is a cause of a 

violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of 

violation). (40 CFR 404.3.) 

(50) "Permit" means written authorization by the Director of Utilities to connect to and discharge to the 

City wastewater collection and treatment system pursuant to this chapter or any ordinance of the City. 

(51) "Person" means any individual, partnership, firm, association, corporation or public agency including 

the State and the United States of America. 

(52) "pH" means the logarithm of the reciprocal of the quantity of hydrogen ion in moles per liter of 

solution used in expressing both acidity and alkalinity on a scale ranging from zero (0) to fourteen (14) where seven 

(7) represents neutrality, numbers less than seven (7) increasing acidity, and more than seven (7) increasing 

alkalinity. 

(53) "Phenolic compounds" means a class of organic aromatic compounds characterized by a basic structure 

of a monohydroxy derivative of benzene that includes but is not limited to phenol, cresol (m, o and p), pyrogallic 

acid, all chlorinated phenols including pentachlorophenol, nitrophenol and 2, 4-dimethylphenol. 

(54) "Plumbing system" means the fixtures and fixture traps, the soil, waste and vent pipes; the building 

drain and building sewer with their devices, appurtenances and connections within and adjacent to the building. 

(55) "Pollution" means an alteration of the quality of the waters of the State by waste to a degree which 

unreasonably affects such waters for beneficial use or for facilities which serve such beneficial uses. "Pollution" 

may include contamination. 

(56) "Premises" means a parcel of real property, or portion thereof, including any improvements thereon, 

which is determined by the Director of Utilities to be a single unit for purposes of receiving, using and paying for 

wastewater disposal service. In making this determination, the Director of Utilities shall take into consideration such 

factors as whether the unit could be reasonably subdivided, number and location of side sewers and whether the unit 

is being used for a single activity and if not, what is the principal need for wastewater disposal services. 

(57) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants or the 

alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise 

introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or 

biological processes, process changes or by other means, except as prohibited by Section 1403.6 (d) of the Act. 

Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for 

protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. 

However, where wastewater from a regulated process is mixed in an equalization facility with unregulated 

wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted 

pretreatment limit calculated in accordance with Section 1403.6 (e). 

(58) "Pretreatment facility" means any works or device for the treatment or flow limitation of wastewater or 

industrial wastewater, prior to discharge into a community sewer. 

(59) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, 

other than a national pretreatment standard imposed on an industrial user. 

(60) "Promulgate" means the execution of a law, order, ordinance or resolution. 

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(61) "Publicly Owned Treatment Works," "POTW," means a treatment works as defined by Section 212 of 

the Act, which is owned by a state or municipality (as defined by Section 502 (4) of the Act). This definition 

includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or 

industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey 

wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502 (4) of the 

Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. 

(62) "Qualified professional" means an individual properly licensed in the State of California to practice 

civil engineering and sanitary engineering. 

(63) "Radioactive waste" means wastes that contain chemical elements that spontaneously change their 

atomic structure by emitting any particles, rays or energy forms. 

(64) "Receiving water quality requirements" means requirements for the City’s wastewater treatment plant 

effluent and/or the waters to which such effluent is discharged, established by law or by state or federal regulatory 

agencies, for the protection of receiving water quality or receiving water users. 

(65) "Revenue program" means a system of charges and fees established for the use of the City’s 

wastewater collection and treatment system and all supporting data used in determining these charges and fees. The 

revenue program shall meet applicable requirements of the State Clean Water Grant Program and the Federal Act. 

(66) "Sanitary sewage" means wastewater and all waste substances, liquids or solids associated with human 

habitation, but excluding storm waters, surface waters and ground waters, and industrial wastes. 

(67) "Salt efficiency rating" means the efficiency of the use of sodium chloride salt in the regeneration of a 

water softening appliance, expressed in terms of hardness removal capacity of the appliance per pound of such salt 

used in the regeneration process. The units of salt efficiency rating are grains of hardness removed per pound of salt 

used. One (1) grain of hardness per gallon is approximately equivalent to seventeen and one-tenth (17.1) milligrams 

of hardness per liter. 

(68) "Sewer" means a pipe or conduit for holding and carrying wastewater, including manholes and all 

other appurtenant facilities which are necessary or convenient to the holding or carrying of wastewater. 

(A) "House sewer" or "building sewer" means that portion of the side sewer from the lateral sewer to 

its connection to the building drain. 

(B) "Interceptor sewer" means a publicly owned sewer in a public right-of-way receiving the 

discharges from local or trunk sewers and conveying the wastewater to the wastewater treatment plant. 

(C) "Lateral sewer" means that portion of the side sewer which is within the public right-of-way. 

(D) "Local sewer" means a publicly owned sewer in a public right-of-way to which side sewer 

connections from private properties are or may be connected for the disposal of domestic or industrial waste and is 

less than ten (10) inches in diameter. 

(E) "Side sewer" means the privately owned and maintained sewer which connects the plumbing 

system of the building or a premises to the main sewer. The side sewer begins at the point of connection to the main 

sewer, including the wye, and terminates at the point of connection to the building drain five (5) feet outside the 

foundation line or building wall. "Side sewer" includes the lateral sewer and the house sewer. 

(F) "Trunk sewer" means a publicly owned sewer ten (10) inches in diameter and larger in a public 

right-of-way receiving the discharge from one (1) or more local sewers and conveying the wastewater to another 

trunk sewer or to an interceptor sewer. 

(69) "Significant industrial user" means, except as provided in paragraph (C) of this subsection: 

(A) All industrial users subject to categorical pretreatment standards under Title 40 of the Code of 

Federal Regulations, Section 403.6 and Chapter I, Subchapter N; and 

(B) Any other industrial user that: discharges an average of twenty-five thousand (25,000) gallons per 

day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down 

wastewater); contributes five percent (5%) or more of the average dry weather hydraulic or organic capacity of the 

POTW; or is designated as such by the control authority as defined in Section 403.12(a) of Title 40 of the Code of 

Federal Regulations on the basis that the industrial user has a reasonable potential for adversely affecting the 

POTW's operation or for violating any pretreatment standard or requirement (in accordance with Section 

403.8(f)(6)). 

(C) Upon a finding that an industrial user meeting the criteria in subdivision (B) of this subsection has 

no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or 

requirement, the control authority (as defined in 40 CFR 403.12(a)) may at any time, on its own initiative or in 

response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(8), 

determine that such industrial user is not a significant industrial user. 

8-12-5

(70) "Significant noncompliance" means that an industrial user's violation meets one or more of the 

following criteria: 

(A) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent 

(66%) or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily 

maximum limit or the average limit for the same pollutant parameter; 

(B) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent 

(33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or 

exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC ' 1.4 for 

BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). 

(C) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that 

the control authority determines has caused, alone or in combination with other discharges, interferences or pass 

through (including endangering the health of POTW personnel or the general public); 

(D) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or 

to the environment or has resulted in the POTW's exercise of its emergency authority (under 40 CFR 403.8 

paragraph (f)(1)(vi)(B)) to halt or prevent such a discharge; 

(E) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone 

contained in a local control mechanism or enforcement order for starting construction, completing construction, or 

attaining final compliance; 

(F) Failure to provide, within thirty (30) days after the due date, required reports such as baseline 

monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance 

with compliance schedules; 

(G) Failure to accurately report noncompliance; 

(H) Any other violation or group of violations which the control authority determines will adversely 

affect the operation or implementation of the local pretreatment program. 

(71) "Slug" means any discharge of water, wastewater or industrial waste which in concentration of any 

given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more 

than three (3) times the average twenty-four (24) hour concentration or flows, and any pollutant, including oxygen 

demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will 

cause interference with the POTW. 

(72) "Solid wastes" means the non-liquid-carried wastes normally considered to be suitable for disposal 

with refuse at sanitary landfill refuse disposal sites. 

(73) "Standard," "Categorical Standard," "Federal Standard," "National Pretreatment Standard," Or 

"Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in 

accordance with Section 307 (b) and (c) of the Act, which applies to industrial users. These terms include 

prohibitive discharge limits established pursuant to Section 1403.5. 

(74) "Standard Industrial Classification," "SIC," means a classification pursuant to the Standard Industrial 

Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. 

(75) "Standard Methods" means the procedures described in the latest edition of Standard Methods for the 

Examination of Water and Wastewater, as published by the American Public Health Association, the American 

Water Works Association and the Water Pollution Control Federation. Elements of wastewater strength shall be 

measured by standard methods unless otherwise expressly stated. 

(76) "Storm water" means waters that shall not be discharged into a community sewer and include, but are 

not limited to, rainwater, street drainage, roof drainage or yard drainage. 

(77) Reserved. 

(78) "Suspended solids," "SS," means solids that either float on the surface of or are in suspension in water, 

wastewater or other liquids and which are removable by laboratory filtering. 

(79) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations 

promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA Section 307 

(a) or other acts. 

(80) "Trade secret" means any formula, plan, pattern, process, tool, mechanism, compound, procedure, 

production data or compilation of information which is not patented, which is known only to certain individuals 

within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service 

having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors 

who do not know or use it. 

8-12-6

(81) "Trap" means any facility designed, constructed and operated for the purpose of removing and 

retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation or 

mechanical separation before discharge to a community sewer. 

(82) "Unpolluted water" means water to which no constituent has been added, either intentionally or 

accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to 

storm or natural drainages or directly to surface waters. 

(83) "User" means any person that discharges, causes or permits the discharge of wastewater into a 

community sewer. 

(84) "User classification charge" means a charge established to obtain equitable payment from all 

dischargers for the cost of construction, operation and maintenance of the wastewater collection and treatment 

facilities. 

(85) "Waste" includes wastewater and any and all other waste substances, liquid, solid, gaseous or 

radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing 

or processing operation of whatever nature, including such substances placed within containers of whatever nature 

prior to and for the purposes of disposal. 

(86) "Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to 

enter a community sewer. 

(87) "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological 

and radiological parameters, including volume and flow rate and such other parameters which serve to define, 

classify or measure the contents, quality, quantity and strength of wastewater. 

(88) "Wastewater treatment plant" means the City’s wastewater treatment facilities designed and operated 

to remove compatible pollutants to a degree which renders the effluent acceptable for receiving uses and to meet 

permit and all jurisdictional requirements. A "wastewater treatment plant" is the same as a "POTW." 

(89) "Watercourse" means a channel in which a flow of water occurs either continuously or intermittently. 

(90) "Waters of the State" means any water, surface or underground, including saline waters, within the 

boundaries of the State. 

(91) "Water softener" means a unit using the ion exchange process designed to remove hardness 

(magnesium and/or calcium ions) from a water supply and requiring sodium chloride or any other salt to regenerate 

the exchange resin. Units that regenerate on location are referred to as "on-site regeneration units." For the purpose 

of this section, "on location" shall mean that the unit need not be disconnected from the fixed plumbing and 

relocated to accommodate the regeneration process. On-site regeneration water softener shall further be described as 

a water softener which has been manufactured, or appropriately retro-fitted with equipment to enable the unit to 

operate with a salt efficiency rating in compliance with a minimum rating as established by Section 4045 et seq. of 

the Health and Safety Code, but in no case less than three thousand, three hundred fifty (3,350) grains of hardness 

removed per pound of salt applied. 

(92) "Demand control" means a system of controlling the periodic automatic regeneration of a water 

softener appliance, which is either based on a sensor which detects imminent exhaustion of the exchange bed or 

upon measurement of the total volume of water that has passed through the appliance since the last regeneration 

cycle. (Prior Code § 20-49 (B) (part); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 90-2 § 1, eff. 3/22/90; Ord. 90-28 § 

1 (part), eff. 1/3/91; Ord. 92-4 §§ 1 (part), 2 (part), eff. 4/16/92; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.105. Abbreviations defined. 

The following abbreviations shall have the designated meanings: 

(a) "BOD" means biochemical oxygen demand. 

(b) "CFR" means Code of Federal Regulations. 

(c) "COD" means chemical oxygen demand. 

(d) "EPA" means Environmental Protection Agency. 

(e) "l" means liter. 

(f) "mg" means milligrams. 

(g) "mg/l" means milligrams per liter. 

(h) "NPDES" means National Pollutant Discharge Elimination System. 

(i) "POTW" means publicly owned treatment works. 

(j) "SIC" means standard industrial classification. 

(k) "SS" means suspended solids. 

(l) "USC" means United States Code. 

8-12-7

(m) “WDR” means waste discharge requirement. (Prior Code § 20-49 (B) (part); Ord. 83-1054 § 1 (part), eff. 

6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.200. Article 2. Use of Sewers: Private Disposal 

Section 8-12.201. Treatment of wastewater required. 

It is unlawful for any person to discharge or permit to be discharged any waste, wastewater or industrial 

wastewater, or substance that results in pollution, contamination or nuisance to any public or private property within 

the City, an area under jurisdiction of the City, or to any natural outlet or watercourse except where suitable 

treatment has been provided in accordance with provisions of this chapter, the county, Regional Water Quality 

Control Board and the Federal Act. (Prior Code § 20-50 (A) (part); Ord. 83-1054 § 1 (part), eff. 6/16/83); Ord. 2005- 

01, eff. 3/3/05) 

Section 8-12.202. Private systems generally. 

It is unlawful to use, construct or maintain any private wastewater disposal system including privies, privy 

vaults, septic tanks, cesspools, seepage pits or any other facility intended or used for the disposal of wastewater 

except as provided in this chapter. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-50 (A) (part)) 

Section 8-12.203. Existing private systems: Acceptable. 

Existing acceptable private wastewater disposal systems may be continued to be used and maintained by 

property owners for service of existing dwellings and structures only if no available community sewer exists. 

Acceptable private wastewater disposal systems include but may not be limited to adequately constructed septic 

tanks and leach fields. Determination of the acceptability of the private wastewater disposal system shall be the 

responsibility of the Director of Utilities. (Prior Code § 20-50 (A) (part); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 

2005-01, eff. 3/3/05) 

Section 8-12.204. Existing private systems: Unacceptable. 

Unacceptable private wastewater disposal systems including but not limited to privies, privy vaults and open 

cesspools shall not be used, constructed or maintained under any circumstances. Owners of such systems shall make 

connection to an available community sewer or construct an acceptable private wastewater disposal system only if 

no available sewer exists. Either action shall be completed within sixty (60) days of written notification to do so by 

the Director of Utilities. (Prior Code § 20-50 (A) (part); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 

3/3/05) 

Section 8-12.205. New private systems. 

New acceptable private wastewater disposal systems may be used, constructed and maintained where no 

available sewer exists. The type, location, layout and capacity of the private wastewater disposal system must meet 

all requirements and recommendations of the Department of Public Health of the State, Regional Water Quality 

Control Board No. 3, health department of the county and the Director of Utilities. (Prior Code § 20-50 (A) (part); 

Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.206. Maintenance of private systems. 

The owners of acceptable private wastewater disposal systems shall operate and maintain them in a sanitary 

manner at all times, at no expense to the City. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-50 (A) (part)) 

Section 8-12.207. Connection to available public sewer. 

When community sewers are made available for the public welfare and at public expense, the City shall require 

owners of existing acceptable private wastewater disposal systems to connect thereto. Owners with available sewers 

already shall connect within two (2) years of written notification to do so by the Director of Utilities. Other owners 

shall connect within two (2) years upon the completion of an available sewer. At the time of connection to a 

community sewer, existing septic tanks shall be pumped, demolished and filled with earth, sand or gravel in 

accordance with the requirements of the health department of the county and the Director of Utilities. The septic 

tank must be completely bypassed. (Prior Code § 20-50 (A) (part); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005- 

01, eff. 3/3/05) 

8-12-8

Section 8-12.208. Hazardous or nuisance systems. 

Whenever State or county health authorities or the Director of Utilities declare an individual private disposal 

system, or the systems in the area, to be a health hazard or to be creating a public nuisance, the owners shall connect 

to an available public sewer within sixty (60) days. If no available sewer exists, abative and corrective measures 

shall be accomplished within a period of time as specified by the City. (Prior Code § 20-50 (A) (part); Ord. 83-1054 

§ 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.209. Separate industrial sewers. 

The City, at its discretion, may establish separate industrial wastewater collection systems and may require any 

industrial discharger to discharge its wastewater only to such designated sewers. The City may further require any 

industrial discharger to separate its sanitary sewage from its industrial wastewater and deliver each of them 

separately to sewers as designated by the Director of Utilities. (Prior Code § 20-50 (A) (part); Ord. 83-1054 § 1 


Section 8-12.300. Article 3. Construction and Maintenance of Sewers 

Section 8-12.301. Who shall construct. 

All side sewers, lateral sewers and house sewers shall be constructed by a contractor licensed by the State to do 

the work under contract by a private individual and under permit by the City. All local sewers, trunk sewers and 

interceptor sewers shall be constructed by the City or a contractor licensed by the State to do the work under 

contract by the City. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-50 (B) (part)) 

Section 8-12.302. Standard specifications. 

All sewers shall be constructed in accordance with the Standard Specifications for City of Santa Maria Sewer 

Pipelines in the City, on file in the office of the Director of Public Works (Prior Code § 20-50 (B) (part); Ord. 83- 


Section 8-12.303. Force mains. 

In any building to which any portion of the side sewer or plumbing system is too low to permit gravity flow to a 

community sewer, the wastewater shall be lifted by artificial means, approved by the Director of Utilities, and 

discharged to the community sewer at the expense of the owner. Where the discharge is by means of a force main, 

the Director of Utilities may require the owner to secure an easement for the construction from the owner's property 

line to a manhole designated by the Director. The owner shall construct and maintain this force main at no expense 

to the City and in accordance with all terms of the easement. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20- 

50 (B) (part); Ord. 2005-01, eff. 3/3/05) 

Section 8-12.304. Property owner responsibility. 

Side sewers, including lateral sewers and wyes, shall be constructed and maintained by the owner of the 

property served at no expense to the City. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-50 (B) (part)) 

Section 8-12.400. Article 4. Discharge Restrictions 

Section 8-12.401. Waste Discharge Requirement Permit or NPDES permit violations. 

(a) Pollutants introduced into the POTW by non-domestic sources shall not pass through the POTW or 

interfere with the operation or performance of the works. 

(b) An industrial user shall not cause or significantly contribute to a violation of any requirement of the 

POTW's operating permit. An industrial user significantly contributes to such permit violation where it: 

(1) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by 

federal, state or local law; 

(2) Discharges wastewater which substantially differs in nature and constituents from the user's average 

discharge; 

(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other 

sources would result in a permit violation; or 

(4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations 

in its permit and that such industrial user's discharge either alone or in conjunction with discharges from other 

8-12-9

sources, increases the magnitude or duration of the POTW's violations. (Prior Code § 20-50 (C); Ord. 83-1054 § 1 


Section 8-12.402. Prohibited discharges. 

(a) No person shall discharge to a community sewer any: 

(1) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting 

in interference; 

(2) Pollutants, including oxygen demanding pollutants (BOD, etc.), release in a discharge at a flow rate 

and/or pollutant concentration which will cause interference with the POTW; 

(3) Quantities or rates of flow which overload the City’s collection or treatment facilities or cause 

excessive proportionate share of the City facilities; 

(4) Radiological, chemical or biological warfare agents; 

(5) Radioactive waste; 

(6) Wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other 

pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, 

create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical 

pretreatment standard. 

A "toxic pollutant" includes but is not limited to any pollutant identified pursuant to Section 307(a) of 

the Act; 

(7) Substance which will cause the POTW to violate its WDR/NPDES and/or State disposal system permit 

or the receiving water quality standards; 

(8) Trucked or hauled pollutants, except at discharge points designated by the POTW. 

(b) No person shall discharge to a community sewer materials which cause, or are capable of causing, either 

alone or with other substances: 

(1) Fire or explosion; at no time shall two (2) successive readings on an explosion hazard meter, at the 

point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single 

reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are 

not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, 

chlorates, perchlorates, bromates, carbides, hydrides, sulfides, pollutants which create a fire or explosion hazard in 

the POTW (including, but not limited to, waste streams with a closed cup flash point of less than one hundred forty 

(140) degrees Fahrenheit or sixty (60) degrees Centigrade using the test methods specified by Section 261.21 of 

Title 40 of the Code of Federal Regulations), and any other substances which the City, the State or EPA has notified 

the user is a fire hazard to the system; 

(2) Obstruction of flow in a community sewer system or injury to the system or damage to the wastewater 

collection, treatment or disposal facilities; 

(3) Danger to human life or safety of personnel; 

(4) A nuisance or prevention of the effective maintenance or operation of the wastewater collection and 

treatment system; 

(5) Air pollution by the release of toxic malodorous gases or malodorous gas-producing substances; or 

pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may 

cause acute worker health and safety problems; 

(6) Unsuitability of the City’s effluent or any of the following products of the treatment processes, 

residues, sludges and scums, for reclamation and reuse; 

(7) A detrimental environmental impact or a nuisance in waters or a condition unacceptable to any public 

agency having regulatory jurisdiction over the City; 

(8) Discoloration or any other condition in the quality of the City’s treatment plant effluent such that water 

quality discharge requirements established by law cannot be met; 

(9) Conditions at or near the City’s treatment plant which violate any statute or any rule, regulation or 

ordinance of any public agency, state or federal regulatory body; 

(10) A slug; 

(11) Interference or pass through due to petroleum oil, non-biodegradable cutting oil, or products of 

mineral oil origin. 

(c) No person shall ever increase the use of process water, or in any other way attempt to dilute a discharge as 

a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or 

requirement. (40 CFR 403.6(d)) (Prior Code § 20-50 (D); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 90-28 § 1 


8-12-10

Section 8-12.403. Drainage and other unpolluted water. 

Storm water, swimming pool water, groundwater, rainwater, street drainage, roof drainage, subsurface drainage, 

unpolluted water or yard drainage will not be discharged through direct or indirect connections to a community 

sewer. Every private or public wash rack and/or floor or slab drain used for cleaning machinery or machine parts 

shall be adequately protected against storm or surface inflow. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 

20-50 (E)) 

Section 8-12.404. Cooling water. 

Water, including but not limited to cooling water, process cooling water or blow-down from cooling towers or 

evaporative coolers will not be discharged through direct or indirect connection to a community sewer. (Ord. 83- 

1054 § 1 (part), eff. 6/16/83: prior Code § 20-50 (F)) 

Section 8-12.405. Garbage grinders. 

(a) Waste from garbage grinders shall not be discharged into a community sewer except wastes generated in 

preparation of food consumed on the premises. 

(b) Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow 

conditions prevailing in the community sewer and three-eighths (3/8) inch or less in diameter and shall not be used 

for grinding plastic, paper products, inert materials or garden refuse. 

(c) The installation of any garbage grinder with a motor of three-fourths (3/4) horsepower or greater shall be 

subject to the review and approval of the Director of Utilities. (Prior Code § 20-50 (G); Ord. 83-1054 § 1 (part), eff. 

6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.406. Point of discharge. 

No discharge of any substances shall be made directly into a manhole or other opening in a community sewer 

other than through an approved side sewer or force main connection installed and/or inspected and approved by the 

Director of Utilities subject to permit requirements of this chapter. (Prior Code § 20-50 (H); Ord. 83-1054 § 1 (part), 

eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.407. Holding tank wastes. 

A user proposing to discharge holding tank wastes into the City wastewater collection and treatment system 

must secure a permit to do so. The permit may contain specific requirements for additional holding tanks, flowregulating 

devices, flow-measuring devices and pH adjustment as required by the Director of Utilities for the 

protection of the system. Discharges from vacuum pump tank trucks shall be made at the wastewater treatment plant 

only. (Prior Code § 20-50 (I); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.408. Metal and phenol concentrations. 

No person shall discharge wastewater containing in excess of the following concentrations of the pollutants 

listed: 

Twenty-four-hour 

Maximum Limit* 

(mg/l) 

Maximum 

Thirty-day 

Average 

Limit (mg/l) 

Pollutant 

As 1.50 1.00 

B 1.00 0.30 

Cd 1.50 0.70 

Cr, total 4.00 2.00 

Cr, hexavalent 0.50 0.20 

Cu 4.00 2.00 

CN 2.00 1.00 

Pb 1.00 0.60 

Hg 0.50 0.20 

Ni 3.00 1.80 

8-12-11

Ag 3.00 2.00 

Zn 3.00 1.40 

Phenols, total 4.00 3.00 

Pentachlorophenol 0.10 0.05 

Total metals 7.50 4.00 

TDS N/A 1820 

Na N/A 350 

Cl N/A 250 

* Designed primarily to prevent industry from discharging entire thirty (30) day average over a two (2) or 

three (3) day period. (Prior Code § 20-50 (J)(1); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

* Editor's Note: Ord. 83-1054 contained two Sections 20-50 (J) (1). The other is codified in Section 8-12.409. 

Section 8-12.409. Temperature, solids, chemicals generally. 

No person shall discharge any wastewater: 

(a) Having a temperature higher than one hundred twenty (120) degrees Fahrenheit (forty-eight and nine-tenths 

(48.9) degrees Celsius), and heat in amounts which will inhibit biological activity in the POTW resulting in 

interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds forty 

(40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the approval authority, upon request of the 

POTW, approves alternate temperature limits; 

(b) Containing more than one hundred (100) mg/l of oil or grease of animal or vegetable origin; 

(c) Containing more than one hundred (100) mg/l of oil or grease of mineral or petroleum origin; 

(d) Having a pH lower than five and five-tenths (5.5) or higher than nine and five-tenths (9.5) or having any 

corrosive properties capable of causing damage or hazard to structures, equipment or personnel of the wastewater 

collection and treatment system; 

(e) Containing in excess of two-hundredths (0.02) mg/l total identifiable chlorinated hydrocarbons which 

cannot be removed by the City’s wastewater treatment process; 

(f) Having a settleable solids content higher than twenty (20) milliliters per liter; 

(g) Containing in excess of five hundred (500) mg/l BOD, five hundred (500) mg/l SS or one thousand (1,000) 

mg/l COD, unless specifically allowed in the wastewater discharge permit or, if less than twenty (20) lb/day of COD 

or ten (10) lb/day of BOD and SS; 

(h) Containing residual chlorine in excess of five (5.0) mg/l; 

(i) Containing brine waste which exceeds the equivalent discharge rate of five thousand (5,000) pounds of salt 

per month, eighteen (18) months after the effective date of the ordinance codified in this section. In the event a 

determination has been issued by the Director of Utilities in conformance with Santa Maria Municipal Code, Section 

8-12.410(a), the maximum allowable rate of brine waste discharge shall be reduced to a rate of maximum salt 

equivalent expressed in pounds of salt per month pursuant to permit conditions as outlined in Articles 5, 6, 7 and 8 

of this chapter. (Prior Code § 20-50 (J) (1); Ord. 83-1054 § 1 (part), eff. 6/16/83*; Ord. 92-4 §§ 1 (part), 2 (part), eff. 

4/16/92; Ord. 2005-01, eff. 3/3/05) 

* Editor's Note: Ord. 83-1054 contained two Sections 20-50 (J) (1). The other is codified in Section 8-12.408. 

Section 8-12.410. More stringent limitations. 

(a) The limitations on wastewater pollutant concentrations set out in Sections 8-12.408 and 8-12.409 may be 

supplemented with more stringent limitations pursuant to permit conditions as outlined in Articles 5, 6, 7 and 8 of 

this chapter: 

(1) If the Director of Utilities determines that the limitations set out in Sections 8-12.408 and 8-12.409 

may not be sufficient to protect the operation of the City’s treatment plant; or 

(2) If the Director of Utilities determines that the limitations set out in Sections 8-12.408 and 8-12.409 

may not be sufficient to enable the City’s treatment plant to comply with wastewater discharge standards established 

by the Regional Water Quality Control Board (RWQCB). 

(b) The Director of Utilities shall order implementation of any or all of the following measures subject to 

findings and determinations formulated in conformance to subsection (c) of this section: 

(1) Prohibit all new sewer connections of on-site regeneration water softeners by Class I, II, III, and IV 

users; 

(2) Prohibit discharge of brine waste by Class III and IV users; and/or 

8-12-12

(3) Prohibit all operation and/or maintenance of on-site regeneration water softeners after January 1, 2007. 

(c) The Director of Utilities shall, after January 1, 1995, regularly review the results of the analyses of the 

twelve (12) most recent twenty-four (24) hour composite samples for concentrations of total dissolved solids (TDS), 

sodium (Na), and chloride (Cl) present in the effluent from the POTW for compliance with water quality discharge 

standards. If the running mean (average from twelve (12) most recent samples) of the results from testing for TDS 

exceeds in any month the established City threshold to the State Water Quality Discharge Standard, a determination 

of such shall be stated to the City Council in a report by the Director of Public Works which details actions which 

shall be taken in conformance with Section 8-12.410(b). In the event that the running mean concentration of TDS 

exceeds the established City threshold for the State Water Quality Discharge Standard or the running mean 

concentration of Na or Cl exceeds the State established water quality discharge standards at any time after the first 

twelve (12) months following the implementation of the supplemental water supply project known as the State 

Water Project (SWP), the Director of Utilities shall implement, as necessary, all remaining measures detailed in 

Section 8-12.410(b) which have not been previously ordered by the Director of Utilities. For the purpose of this 

section, the established City threshold to the State Water Quality Discharge Standard for TDS shall be one hundred 

(100) milligrams per liter (mg/l) of TDS less than the TDS discharge limit established by the RWQCB. (Ord. 92-4 § 

3, eff. 4/16/92; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.411. Lawful permit issuance unimpaired. 

No statement contained in Sections 8-12.408, 8-12.409 or 8-12.410 shall be construed as preventing the 

Director of Utilities from issuing a discharge permit allowing an industrial waste of unusual strength of character 

provided that the discharge does not violate State or federal pretreatment requirements. The discharger shall pay all 

extra costs incurred by the City connected with treating such discharge. (Prior Code § 20-50 (J) (3); Ord. 83-1054 § 

1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.412. Federal pretreatment standards. 

(a) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial 

subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that 

subcategory, shall immediately supersede the limitations imposed under this chapter. The Director of Utilities shall 

notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. Users in industrial 

categories subject to effluent guidelines issued under Section 304 (b) of the Federal Act are required to adopt best 

practicable control technology currently available as defined pursuant to that section. 

(b) The pretreatment standard for incompatible pollutants introduced into the City wastewater collection and 

treatment system by a substantial industrial discharger not subject to Section 307 (c) of the Federal Act shall be that 

established by promulgated effluent guidelines defining the best practicable control technology currently available 

pursuant to Section 301 (b) and 304 (b) of the Federal Act. 

(c) As a minimum, pursuant to other requirements of this chapter, users in SIC Division D, Major Group 20 

(food and kindred products) and in SIC Division I, SIC numbers 7210 through 7219 (laundry, cleaning and garment 

services) shall screen their wastewater through a one-eighteenth (1/18) inch or twenty (20) mesh to the inch screen 

or hydrosieve prior to discharging to the wastewater collection and treatment system. 

(d) The City shall require screening, settling, storage or other pretreatment of any industrial waste prior to its 

being discharged into the City’s wastewater collection and treatment system where it is determined by the Director 

of Utilities that the requirement is necessary to meet the discharge limitations as outlined in this chapter (Prior Code 

§ 20-50 (K) (1); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.413. Traps required. 

(a) Grease, oil, lint, hair and/or sand traps shall be provided when, in the opinion of the Director of Utilities, 

they are necessary for the protection of the wastewater collection and treatment system from liquid wastes 

containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except, that 

such traps shall not be required for building, used solely for residential purposes. Such traps shall be required, for 

example, on discharges from all service stations, restaurants, automotive repair garages, wash racks, laundries, 

barbershops and beauty shops, and dry cleaning establishments. 

(b) All traps shall be of a type, capacity and design approved by the Director of Utilities, and shall be so 

located as to be readily and easily accessible for cleaning and inspection. Restaurant traps shall be gas tight, of a 

type approved for restaurant use by the State and/or county health departments. 

(c) Traps shall be installed and maintained by the owner, at his expense, in continuously efficient operation at 

all times. 

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(d) The minimum allowable grease trap size (based on occupancy) permitted for installation is 20 gallons or 40 

pounds, and in no case less than the minimum specified by the currently adopted Uniform Plumbing Code. (Prior 

Code § 20-50 (K) (2); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.414. Unacceptable wastes: Proper disposal. 

Wastes not permitted to be discharged into the community sewer or recovered from pretreatment devices or 

traps shall be transported to a state-approved disposal site in accordance with Chapter 8-11 of this Code and all 

applicable Codes and regulations. (Prior Code § 20-50 (L); Ord. 83-1054 § 1 (part), eff. 6/16/83) 

Section 8-12.415. Local holding/septic tank wastes only. 

Section 8-12.415 is repealed. (Ord. 2006-02, eff. 3/21/06; Ord. 83-1054 § 1 (part), eff. 6/16/83; prior Code § 20- 

50 (M)) 

Section 8-12.500. Article 5. Volume Determination 

Section 8-12.501. Amount of water used. 

User charges and fees for class II, Class III and Class IV users shall be applied against the total amount of water 

used from all sources unless, in the opinion of the Director of Utilities, significant portions of the water received are 

not discharged to the community sewer. The total amount of water used from public and private sources shall be 

determined by means of public meters or private meters. Private meters shall be of a type and size as approved by 

the Director of Utilities and shall be installed and maintained at the expense of the user. (Prior Code § 20-51 (A); 

Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.502. Amount of water discharged. 

For Class II, Class III and Class IV users where, in the opinion of the Director of Utilities, a significant portion 

of the water received from any metered source does not flow into the community sewer because of the principal 

activity of the user or removal by other means, the user charges and fees will be applied against the volume of water 

discharged into the community sewer. The volume of water discharged into the community sewer shall be 

determined by a combination of source and diversion meters or a discharge meter. If, in the opinion of the Director 

of Utilities, source and diversions will not accurately reflect the amount of wastewater discharged into the 

community sewer, a discharge meter shall be required. (Prior Code § 20-51 (B) (part); Ord. 83-1054 § 1 (part), eff. 

6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.503. Meter type and size. 

Private source, diversion and discharge meters shall be of a type and size approved by the Director Utilities and 

shall be installed and maintained at the expense of the user. (Prior Code § 20-51 (B) (part); Ord. 83-1054 § 1 (part), 

eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.600. Article 6. Permits Generally 

Section 8-12.601. User classifications. 

For the purposes of this chapter, the following user classifications as defined in Section 8-12.104 are established 

to assign appropriate user charges and fees and permit requirements: 

(a) Class I; 

(b) Class II; 

(c) Class III; 

(d) Class IV. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (A)) 

Section 8-12.602. Applications and fees. 

Permits for the use of the City’s wastewater collection and treatment system shall be required as outlined in this 

article and Articles 7, 8 and 9 of this chapter. Permit applications in a form prescribed by the City and accompanied 

by all applicable fees shall be filed with the Director of Utilities. Permit fees shall be used to defray all 

administrative costs and shall be subject to periodic revisions. (Prior Code § 20-52 (B) (part); Ord. 83-1054 § 1 


8-12-14

Section 8-12.603. Application review: Permit issuance. 

Permit applications shall be reviewed by the Director of Utilities. The Director of Utilities may require the 

applicant to provide additional information. After evaluation and acceptance of the data furnished, the City may 

issue a permit subject to all terms and conditions provided for in this article. (Prior Code § 20-52 (B) (part); Ord. 83- 


Section 8-12.604. Other requirements unaffected. 

The issuance of a permit for the use of the wastewater collection and treatment system does not alleviate the 

user of the permit requirements of any other department of the City. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior 

Code § 20-52 (B) (part)) 

Section 8-12.605. Enforcement of permit terms. 

Permits shall be subject to all provisions of this chapter and all other regulations, user charges and fees 

established by the City. The terms and conditions of all permits shall be enforced uniformly by the City in 

accordance with this chapter and applicable to State and federal requirements. (Ord. 83-1054 § 1 (part), eff. 6/16/83: 

prior Code § 20-52 (B) (part)) 

Section 8-12.700. Article 7. Wastewater Discharge Permit 

Section 8-12.701. Required. 

All Class III and Class IV users proposing to connect to or discharge into a community sewer must obtain a 

wastewater discharge permit before doing so. Class III or Class IV users connected to or discharging into a 

community sewer must obtain a wastewater discharge permit within one (1) year after the effective date of the 

ordinance from which this section derives. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (1)) 

Section 8-12.702. Discharge report. 

Applications for a wastewater discharge permit shall be accompanied by a discharge report. The report shall 

include, but not be limited to, nature of process, volume, rates of flow, mass emission rate of BOD, suspended 

solids, total dissolved solids, sodium and chloride, production quantities, hours of operation, number and 

classification of employees, or other information which relates to the generation of waste including wastewater 

constituents and characteristics in the wastewater discharge as determined by sampling and testing methods 

approved by the Director of Utilities. Such reports must include chemical constituents and quantity of liquid or 

gaseous materials stores on site even though they may not be discharged. In addition to discharge reports, the City 

may require information in the form of wastewater discharge permit applications and self-monitoring reports. (Prior 

Code § 20-52 (B) (2) (a); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.703. Application contents. 

The following information may be required to be submitted in the application for a wastewater discharge 

permit: 

(a) Name, address and SIC number of applicant; 

(b) Volume of wastewater to be discharged; 

(c) Wastewater constituents and characteristics as required by the Director of Utilities that may include but not 

be limited to those mentioned in Article 4 as determined within the past thirty (30) days by a laboratory approved by 

the Director of Utilities; 

(d) Time and duration of discharge; 

(e) Average and fifteen (15) minute peak wastewater flow rates, including daily, monthly and seasonal 

variations, if any; 

(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by 

size, location and elevation; 

(g) Description of activities, facilities and plant process on the premises including all materials, processes and 

types of materials which are or could be discharged; 

(h) Each product produced by type, amount and rate or production; 

(i) Number and type of employees and hours of work; 

(j) Any other information as may be deemed by the Director of Utilities to be necessary to evaluate the permit 

application. (Prior Code § 20-52 (B) (2) (b); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

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Section 8-12.704. Terms and conditions. 

Wastewater discharge permits may contain the following terms and conditions: 

(a) The average and maximum wastewater constituents and characteristics permitted; 

(b) Limits on rate and time of discharge or requirements for flow regulations and equalizations; 

(c) Requirements for user installation of monitoring facilities; 

(d) Pretreatment facility requirements; 

(e) Specifications for self-monitoring programs which may include, but not be limited to, sampling locations, 

frequency and method of sampling, number, types and standards for tests and reporting schedule; 

(f) Requirements for submission of technical reports or discharge reports; 

(g) Requirements for maintaining and retaining, as specified by the City but in no case less than three (3) years, 

plant records relating to wastewater discharge, and affording City access thereto; 

(h) Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are 

proposed or present in the user's wastewater discharge; 

(i) Other conditions imposed by the City to ensure compliance with this chapter. (Ord. 90-28 § 1 (part), eff. 

1/3/91; Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (2) (c) (part) (1) - (9)) 

Section 8-12.705. Expiration and renewal. 

Wastewater discharge permits shall be issued for a specified time period for not less than thirty (30) days and 

not to exceed five (5) years or may be stipulated to expire on a certain date. If the user does not notify the City thirty 

(30) days prior to the expiration of the permit, the permit shall be deemed to have expired, and the user must make 

new application. In any event the permit must be renewed each five (5) year period. The terms and conditions of the 

permit may be subject to modification and change by the City during the life of the permit as limitations or 

requirements modify and change. The user shall be informed of any proposed changes in his permit at least thirty 

(30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a 

reasonable time schedule for compliance. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (2) (c) 

(part)) 

Section 8-12.706. Non-transferability. 

Wastewater discharge permits are issued to a specific user for a specific operation; wastewater discharge 

permits shall not be reassigned, transferred or sold. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (2) 

(c) (part)) 

Section 8-12.707. Revocation grounds. 

Any user who violates the conditions of the permit, this chapter or applicable State and federal regulations, or 

any of the following is subject to having the permit revoked: 

(a) Failure of a user to report the wastewater constituents and characteristics of the user's discharge; 

(b) Failure of the user to report and secure advance approval or conditional approval of significant changes in 

operations, or wastewater constituents and characteristics; 

(c) Refusal of reasonable access to the user's premises, or other premises controlled by the user, for the purpose 

of inspection and/or monitoring; 

(d) Violation of special conditions of the permit. (Ord. 90-28 § 1 (part), eff. 1/3/91: Ord. 83-1054 § 1 (part), 

eff. 6/16/83: prior Code § 20-52 (B) (2) (c) (part), (a) - (d)) 

Section 8-12.800. Article 8. Holding Tank Waste Disposal Permit 

Section 8-12.801. Required. 

All persons proposing to discharge holding tank wastes into the City wastewater collection and/or treatment 

system must obtain a holding tank waste disposal permit before doing so. Persons already discharging into the 

system must obtain a holding tank waste disposal permit within ninety (90) days after the effective date of the 

ordinance from which this section is derived. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (3) 

(part)) 

Section 8-12.802. Application. 

The applicant for a holding tank waste disposal permit may be required to submit the following information: 

(a) Name and address of applicant; 

(b) The principal activity of the user; 

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(c) Make, capacity, vehicle license number of all vacuum tank trucks covered under the permit; 

(d) Number of registrations of transient trailers, recreational vehicles or any other vehicles with holding tanks 

at travel trailer parks; 

(e) Volume and constituents and characteristics of waste. 

(f) Identity of waste generator and site where waste was generated. (Prior Code § 20-52 (B) (3) (a); Ord. 83- 


Section 8-12.803. Terms and conditions. 

(a) Each holding tank waste disposal permit shall contain at least the following terms and conditions: 

(1) Name and address of the user; 

(2) The make, capacity, vehicle license number of all vacuum tank trucks permitted to dispose under the 

permit; 

(3) The specific time of day and location where disposal may be made; 

(4) The expected quantity of holding tank wastes to be disposed of in any day; and 

(5) The expected wastewater constituents and characteristics. 

(b) The permit may also contain specific requirements for metering, sampling, holding and/or other conditions 

in accordance with this chapter. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (3) (b) (part), (1)--(5)) 

Section 8-12.804. Expiration: Changes: Renewal. 

(a) Holding tank waste disposal permits shall be issued for a specified time period not less than thirty (30) days 

and not to exceed five (5) years or may be stipulated to expire on a certain date. If the user does not notify the City 

thirty (30) days prior to the expiration of the permit, the permit shall be deemed to have expired, and the user must 

make new application. 

(b) The terms and conditions of the permit may be subject to modification and changes by the City during the 

life of the permit as limitations or requirements are modified and changed. The user shall be informed of any 

proposed changes in his permit at least thirty (30) days prior to the effective date of the change. Any changes or new 

conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 83-1054 § 1 (part), eff. 

6/16/83: prior Code § 20-52 (B) (3) (b) (part)) 

Section 8-12.805. Nontransferability. 

Holding tank waste disposal permits are issued to a specific user for a specific operation; holding tank waste 

disposal permits shall not be reassigned, transferred or sold. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20- 

52 (B) (3) (b) (part)) 

Section 8-12.806. Revocation or modification. 

If, in the opinion of the Director of Utilities, any holding tank waste discharger is found to have a significant 

impact on the wastewater collection and treatment system due to the quantity or nature of the holding tank waste, the 

permit may be revoked or modified to change the location of discharge, the method of discharge, the quantity of 

discharge or the sampling and metering requirements. (Prior Code § 20-52 (B) (3) (b) (part); Ord. 83-1054 § 1 


Section 8-12.900. Article 9. Industrial Dischargers: Monitoring, Pretreatment, Reports 

Section 8-12.901. Monitoring facilities. 

(a) Any Class III users subject to federal categorical standards, or any Class III users at the discretion of the 

Director of Utilities, as well as all Class IV users, shall be required to install and maintain monitoring facilities to 

allow inspection, sampling and/or measurements of the building sewer or plumbing systems and may also be 

required to provide, install and operate sampling and/or metering equipment at the user's expense. These facilities 

shall be normally situated on the user's premises. 

(b) When one (1) or more user can discharge into a common side sewer, the Director of Utilities may require 

installation of a separate monitoring facility for each user. Also, when in the judgment of the Director of Utilities, 

there is a significant difference in wastewater constituents and characteristics produced by different operations of a 

single user, the Director of Utilities may require that separate monitoring facilities be installed for each separate 

discharge. 

(c) If the monitoring facility is inside the user's fences, there shall be accommodations to allow access for City 

personnel such as a gate secured with a City lock. There shall be ample operating area in or near such sampling 

8-12-17

points and equipment to allow accurate sampling and compositing of samples for analysis. The user shall assure that 

access and sampling and measuring equipment are maintained in a safe and proper operating condition at all times at 

no expense to the City. 

(d) The sampling and monitoring facilities shall be provided in accordance with the City’s requirements and all 

applicable construction standards, safety devices and specifications. Construction shall be completed within ninety 

(90) days following written notification to do so by the City. (Prior Code § 20-52 (B) (3) (d) (part); Ord. 83-1054 § 1 


Section 8-12.902. Inspection. 

(a) The City shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met 

and all requirements are being complied with. Persons or occupants of premises where wastewater is created or 

discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises 

for the purposes of inspection, sampling, records examination, copying or in the performance of any of their duties. 

(b) The City, approval authority and, where the NPDES state is the approval authority, EPA shall have the 

right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance 

monitoring and/or metering operations. Where a user has security measures in force which would require proper 

identification and clearance before entry into their premises, the user shall make necessary arrangements with their 

security guards so that upon presentation of suitable identification, personnel from the City, approval authority and 

EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 

90-28 § 1 (part), eff. 1/3/91; Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-52 (B) (3) (d) (part)) 

Section 8-12.903. Self-monitoring and notice of discharge changes. 

(a) Upon adoption of the revenue program, all Class III users and all Class IV users subject to federal 

categorical standards which require self-monitoring or as required at the discretion of the Director of Utilities shall 

be required to conduct a self-monitoring program to demonstrate that the terms and conditions of his permit are 

being met and to establish appropriate user charges. Class III and Class IV users shall sample according to the terms 

of their discharge permit, and according to applicable federal standards. 

(b) The samples shall be analyzed for BOD, suspended solids and other constituents and characteristics as 

stated in the permit. Samples shall be analyzed in accordance with 40 CFR 136 as discussed in Section 8-12.909 of 

this article and by a laboratory approved by the Director of Utilities. The City may conduct the monitoring program 

at the request of the user and the approval of the Director of Utilities. All costs for sampling and analysis shall be 

borne by the user. 

(c) Class IV users shall submit a monthly summary of the self-monitoring program to the Director of Utilities 

by the fifteenth day of the month following the month of report. Class III users subject to federal standards requiring 

self-monitoring shall submit the results of their monitoring program twice per year in June and December to the 

control authority or more frequently according to the terms of 40 CFR 403.12 (e) (1). The summary shall include 

results of all analyses, records of flow from metering facilities, comments regarding accidental spills, 

malfunctioning of pretreatment devices, and any other information pertaining to the terms and conditions of the 

permit, and required by applicable federal categorical standards. 

(d) In addition to any other requirement of this Code, all industrial users shall provide notice of changes in 

substances or wastes discharged into a community sewer as follows: 

(1) To the Environmental Protection Agency, Regional Water Quality Control Board and City (as 

specified in Section 8-12.905(c)) when the substance would, if otherwise disposed of, be a hazardous waste; 

(2) To the City as specified in Section 8-12.707(b) when the user will make a change in its discharge of 

wastes, including hazardous waste. (Prior Code § 20-52 (B) (3) (e); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 90-28 

§ 1 (part), eff. 1/3/91; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.904. Pretreatment. 

Class III and Class IV users shall treat wastewater to make it acceptable under limitations established in this 

chapter before discharging it to any community sewer. Facilities required to pre-treat, sample, monitor and test 

wastewater to a level acceptable to the Director of Utilities or to meet federal categorical standards shall be provided 

and maintained at the user's expense. Detailed plans showing the facilities, describing operating procedures and 

proposing a compliance schedule shall be submitted to the Director of Utilities for review and, if found acceptable, 

will in no way relieve the user from the responsibility of meeting a compliance schedule specified by the Director of 

Utilities and of modifying the facility as necessary to produce an effluent acceptable to the Director of Utilities 

8-12-18

under this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be at the user's 

expense and reported to and be acceptable to the Director of Utilities. 

Class III and Class IV users who install a new or replace an existing on-site regeneration water softener shall 

install a unit with regeneration initiated by demand control. (Prior Code § 20-52 (B) (3) (f); Ord. 83-1054 § 1 (part), 

eff. 6/16/83; Ord. 90-2 § 2, eff. 3/22/90; Ord. 90-28 § 1 (part), eff. 1/3/91; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.905. Accidental discharges. 

(a) Class III and Class IV users shall provide at their expense facilities for the protection from accidental 

discharge of prohibited materials or other wastes regulated by this chapter. Detailed plans showing facilities and 

operating procedures to provide this protection shall be submitted to the Director of Utilities for review at the time 

of permit application and shall be acceptable to the Director of Utilities before construction of the facility. 

(b) The review of such plans and operating procedures will in no way relieve the user from the responsibility 

of modifying the facility as required by the Director of Utilities to provide protection necessary to meet requirements 

of Articles 5, 6 and 7 and this article. 

(c) Within twenty-four (24) hours following an accidental discharge, the user shall notify the Regulatory 

Compliance Division, 925-0951 x7270, of the occurrence. Within five (5) days after the occurrence, the user shall 

submit to the Director of Utilities a detailed written report describing the cause of the discharge and the measures to 

be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any 

expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any 

other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other 

liability which may be imposed by this chapter or other applicable law. (Prior Code § 20-52 (B) (3) (g); Ord. 83- 

1054 § 1 (part), eff. 6/16/83; Ord. 90-28 § 1 (part), eff. 1/3/91; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.906. Confidentiality. 

(a) All information and data on a user obtained from reports, questionnaires, permit application, permits and 

monitoring programs, and from inspections shall be available to the public or other governmental agency without 

restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the 

release of such information would divulge information, proprietary data, processes or methods which would be 

detrimental to the user's competitive position. 

(b) When requested by the person furnishing a wastewater discharge report, the portions of the report which 

might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be 

made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant 

Discharge Elimination System (NPDES) permit, State disposal system permit and/or the pretreatment programs, 

and for use by the State or any state agency in judicial review or enforcement proceedings involving the person 

furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. 

(c) Information accepted by the City as confidential shall not be transmitted to any governmental agency or to 

the general public by the City until and unless prior and adequate notification is given to the user. (Ord. 83-1054 § 1 

(part), eff. 6/16/83: prior Code § 20-52 (B) (3) (h)) 

Section 8-12.907. Initial compliance report. 

Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the 

case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject 

to pretreatment standards and requirements shall submit to the Director of Utilities a report indicating the nature and 

concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment 

standards and requirements and the average and maximum daily flow for these process units in the user facility 

which are limited by such pretreatment standards or requirements. The report shall state whether the applicable 

pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and 

maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment 

standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and 

certified to by a qualified professional. (Prior Code § 20-53 (A); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, 

eff. 3/3/05) 

Section 8-12.908. Biannual compliance reports. 

Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the 

case of a new source, after commencement of the discharge into the POTW, shall submit to the Director of Utilities 

during the months of June and December, unless required more frequently in the pretreatment standard or by the 

8-12-19

Director of Utilities, a report indicating the nature and concentration of pollutants in the effluent which are limited 

by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the 

reporting period exceeded the average daily flow reported as required in this chapter. The report shall be signed by 

an authorized representative of the industrial user, and certified to, by a qualified professional. At the discretion of 

the Director of Utilities and in consideration of such factors as local high or low flow rates, holidays, budget cycles, 

etc., the Director of Utilities may agree to alter the months during which the reports required in this section are to be 

submitted. (Prior Code § 20-53 (B); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 90-28 § 1 (part), eff. 1/3/91; Ord. 

2005-01, eff. 3/3/05) 

Section 8-12.909. Mass limitations: Sampling procedures. 

(a) The Director of Utilities may impose mass limitations on users who are using dilution to meet applicable 

pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. 

In such cases, the report required by Section 8-12.908 shall indicate the mass of pollutants regulated by pretreatment 

standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, 

including the flow and the nature and concentration, or production and mass where requested by the Director of 

Utilities, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency 

of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in 

accordance with procedures established by the Administrator pursuant to Section 304 (g) of the Act and contained in 

40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. 

Sampling shall be performed in accordance with the techniques approved by the Administrator. 

(b) Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question 

sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, 

Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and 

amendments thereto, or with any other sampling and analytical procedures approved by the Administrator. (Prior 

Code § 20-53 (B) (2); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.910. Public notice of violators. 

(a) The City will comply with the public participation requirements of 40 CFR Part 25 in the enforcement of 

national pretreatment standards. These procedures shall include provisions for at least annually providing public 

notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial 

users which, during the previous twelve (12) months, were significantly violating applicable pretreatment standards 

or other pretreatment requirements. For the purposes of this provision, a significant violation is a violation which 

remains uncorrected forty-five (45) days after notification of noncompliance, which is part of a pattern of 

noncompliance over a twelve (12) month period, which involves a failure to accurately report noncompliance or 

which resulted in the POTW exercising its emergency authority under Section 11403.8 (f) (1) (iv) (B) of the Act. 

(b) All information submitted to the City pursuant to this chapter which is not considered confidential 

information by Section 8-12.906 of this article shall be public information. All effluent data is to be considered 

public information. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-54 (A, B)) 

Section 8-12.911. Enforcement: Notice of hearing. 

The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause 

before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the 

user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons 

why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City 

Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served 

personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. 

Service may be made on any agent or officer or a corporation. Public notification in the City’s largest daily 

newspaper shall also be made no later than four (4) days before the hearing, so that interested parties may attend. 

(Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-54 (C) (part)) 

Section 8-12.912. Enforcement: Conduct of hearing. 

(a) The City Council may itself conduct the hearing provided for in Section 8-12.911 and take the evidence, or 

may designate any of its members or any officer or employee of the assigned department to: 

(1) Issue in the name of the City Council notices of hearings requesting the attendance and testimony of 

witnesses and the production of evidence relevant to any matter involved in such hearings; 

(2) Take the evidence; 

8-12-20

(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with 

recommendations to the City Council for action thereon. 

(b) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded 

stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the 

hearing upon payment of the usual charges thereof. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-54 (C) 

(part), (1, 2, 3)) 

Section 8-12.913. City Council order. 

After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge 

directing that, following a specified time period, the sewer service be discontinued unless adequate treatment 

facilities, devices or other related appurtenances have been installed on existing treatment facilities, devices or other 

related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be 

issued. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-54 (C) (part)) 

Section 8-12.1000. Article 10. User Charges 

Section 8-12.1001. Classifications: Purpose. 

All users shall be assigned to a user-class category by the Director of Utilities as outlined in Section 8-12.601 

based on the user's principal activity and typical wastewater constituents and characteristics. The purpose of such 

classification is to facilitate the regulation of wastewater discharges to provide an effective means of source control, 

and to establish a system of user charges and fees that ensure equitable distribution of costs among all users. The 

system of charges to be established must, in accordance with the requirements of the Federal Act and the State Clean 

Water Grant Program, provide for the following items: 

(a) Sufficient financing for an adequate operation and maintenance program, including competent operating 

personnel and the industrial waste program; 

(b) Funds to be reserved for necessary future replacements, improvements and expansions to the facilities. 

(Prior Code § 20-55 (A); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1002. Scope of schedule. 

(a) The City may adopt and/or amend from time to time a schedule of charges and fees by resolution, as 

provided in the Schedule of Fees and Charges within this Code, to include: 

(1) Sewer service charges; 

(2) User classification charges; 

(3) Other user charges; 

(4) Connection fees; 

(5) Fees for monitoring; 

(6) Fees for permit applications; 

(7) Appeal fees; 

(8) Disposal of treated waste water or holding/septic tank wastes. 

(b) The schedule may be amended annually by resolution of the City Council to reflect increases or decreases 

in costs. The schedule of charges shall be as determined in the annual revision of the revenue program. (Ord. 2006- 

02, eff. 3/21/06; Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-55(13)) 

Section 8-12.1003. Sewer rental fund. 

(a) There is established a special fund to be known as the "sewer rental fund." Except as specified in 

subsection (b) all receipts of the wastewater enterprise collected under the terms of this chapter shall be placed in the 

sewer rental fund. Monies of the sewer rental fund shall be used for the purposes authorized and/or required by 

Section 5471 of the Health and Safety Code of the State as the same presently provides or may provide as amended 

from time to time by the Clean Water Grant Program regulations, and the Federal Act. 

(b) An allocation for the reasonable value (not to exceed five percent of the receipts of the wastewater 

treatment plant) for the wastewater treatment plant use of the City of Santa Maria sewer transmission line easements 

shall be transferred from the sewer rental fund to the general fund on an annual basis. The amount of the allocation 

shall be $.02 per gallon of septage received, and shall sunset on June 30, 1996. (Prior Code § 20-55 (C); Ord. 83- 

1054 § 1 (part), eff. 6/16/83; Ord. 94-24, eff. 8/18/94; Ord. 2005-01, eff. 3/3/05) 

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Section 8-12.1004. Automatic annual increase. 

The rates established under the authority of Section 8-12.1002 shall be increased five percent (5%) on July 1st 

of each year commencing with July 1,1983. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-55 (K)) 

Section 8-12.1005. User classification charges. 

The following system of user classification charges shall become effective upon adoption of the revenue 

program. The charges shall be as provided in this section or approved by resolution of the City Council. 

(a) Class I Users. User charges for Class I users shall be based on a monthly flat fee as set by the City Council. 

All single-family dwellings shall pay a flat rate per month. Each multi-family dwelling unit shall pay a flat rate in 

accordance with the number of rooms in the dwelling. Units with three (3) or more rooms shall pay one schedule; 

units with less than three (3) rooms shall pay a second schedule. In computing the number of rooms in a multifamily 

dwelling, bathrooms, service porches, unenclosed exterior porches, garages, closets and hallways shall not be 

counted as rooms. Auto courts, trailer parks, motels, hotels, rooming houses, boardinghouses and rest homes shall 

pay a flat rate per unit. 

(b) Class II Users. User charges for Class II users shall be based on a fee as set by the City Council for each 

hundred (100) cubic feet of water delivered, or where applicable, each hundred (100) cubic feet of wastewater 

discharged. 

(c) Class III Users. User charges for Class III users shall be based on fees set by the City Council for each 

hundred (100) cubic feet of water delivered or, where applicable, each hundred (100) cubic feet of wastewater 

discharged. User charges for Class III users shall be established as outlined in the revenue program for individual 

users, groups of users conducting the same principal activity, or major groups as outlined under the SIC divisions. 

For class III users whose waste consists of treated waste water, user charges for a particular load shall be equal to 

the per gallon fee set pursuant to Section 8-12.1002 for disposal of holding/septic tank wastes, provided however 

that the Director of Utilities may decrease this fee by up to 33 1/3% (thirty-three and one-third percent) based on a 

user’s submission of analytic results that establish acceptable levels of BOD and total suspended solids for that load. 

(d) Class IV Users. User charges for Class IV users shall be billed as provided in this chapter and shall be 

calculated according to the formula: 

Cu = (Vc X Vu) + (Bc X Bu) + (Sc X Su) + X where: 

Cu = the monthly user charge (dollars per month) 

Vc = the cost of collecting and treating each one hundred (100) cubic feet of wastewater 

Vu = the total monthly quantity of wastewater discharged by a user (hundreds of cubic feet per month) 

Bc = the cost of treating a pound of BOD 

Bu = the total monthly quantity of BOD discharges by a user (pounds per month) 

Sc = the cost of treating a pound of suspended solids 

Su = the total monthly quantity of suspended solids discharged by a user (pounds per month) 

X = special assessments for violating any provisions of this chapter (such as TDS, Na, Cl, etc.) 

(Ord. 2006-02, eff. 3/21/06; Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-55 (E)) 

Section 8-12.1006. Southwest trunk sewer line. 

There are established the additional following charges, which are to be paid by all users lying within the areas 

of benefit as described in this section. The charges shall be in addition to the sewer service charges or user 

classification charges as applicable: 

(a) Those users lying within the areas comprising the area of benefit of the Southwest Trunk Sewer Line as 

described in Ordinance No. 611 shall pay the additional charges outlined in this section. The charges per month and 

the manner of their determination shall be as provided in the Schedule of Fees and Charges within this Code. 

(b) The charges, being additional charges to the established rates and charges of the City for that purpose, shall 

be paid by each such person making connection for a period of twenty (20) years from the date the connection is 

made. 

(c) All persons making such connection from and after the first day of January, 1965, may at their option 

which must be exercised by a notice in writing addressed to the Director of Administrative Services of the City, pay 

the total amount of such additional monthly charges as set forth in this section from the first day of January, 1965, to 

the date the connection is made by that person, so that the twenty (20) year period during which such person is 

required to pay the additional charges provided in this section will expire at the same time as though that person had 

made the connection on or before January 1, 1965. Upon receipt of the notice in writing, the Director of 

Administrative Services shall compute the amount of total additional monthly charges required for such connection 

charge and shall forthwith bill the applicant therefor. 

8-12-22

(d) If the option provided for in subsection (c) of this section is not exercised within the time and in the manner 

provided in subsection (c), then the person making such connection, as stated, within the area shall pay the 

additional charges as provided in this section for twenty (20) successive years following the date of connection. 

(e) None of the provisions of this section are to be construed as repealing or altering any other provision of this 

chapter except as specifically provided in this section. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-55 (F) 

(part), (1) (part), (2-5)) 

Section 8-12.1100A. Article 11. Connection Fees 

Section 8-12.1101. Municipal Sewer District No. 1: Amount. 

Section 8-12.1101 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (1) (a) (part), (b, c); Ord. 

83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1102. Municipal Sewer District No. 1: Collection and use. 

Section 8-12.1102 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (1) (a) (part); Ord. 83- 


Section 8-12.1103. New or modified connections. 

Section 8-12.1103 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (2) (a); Ord. 83-1054 § 

1 (part), eff. 6/16/83; Ord. 85-1094 § 1, eff. 3/21/85; Ord. 86-1 § 1, eff. 2-20-86; Ord. 88-22 § 2 (A), eff. 1/5/89; 

Ord. 89-4 § 1 (part), eff. 3/23/89 and 4/22/89; Ord. 90-2 § 3, eff. 3/22/90; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1104. Refund. 

Section 8-12.1104 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (2) (b); Ord. 83-1054 § 

1 (part), eff. 6/16/83; Ord. 88-22 § 2 CF) (part), eff. 1/5/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1105. Other charges unaffected. 

Section 8-12.1105 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (2) (c); Ord. 83-1054 § 


Section 8-12.1106. Annual amendment. 

Section 8-12.1106 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (2) (d); Ord. 83-1054 § 

1 (part), eff. 6/16/83; Ord. 85-1094 § 2, eff. 3/21/85; Ord. 86-1 § 2, eff. 2-20-86; Ord. 88-22 § 2 (F) (part), eff. 

1/5/89; Ord. 2005-01, eff. 3/3/05) 


Section 8-12.1107 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (2) (e); Ord. 83-1054 § 

1 (part), eff. 6/16/83; Ord. 88-22 § 2(F) (part), eff. 1/5/89; Ord. 90-2 § 4, eff. 3/22/90; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1108. Extensions of excess capacity. 

In the event that a developer constructs a trunk sewer extension that would be a portion of a sanitary sewer 

basin's deficiencies, in order to serve his property, pursuant to annexation, subdivision, use permit or other 

requirements of this Code, he shall be eligible for reimbursement through the reimbursement map procedure, or 

through a credit from the City for the trunk sewer construction in the amounts set forth as provided in this section. If 

the reimbursement map procedure is not followed, the reimbursement or credit in the amounts would be paid from 

or credited to the developer's obligation to pay the impact fee collected by the City pursuant to this article; provided, 

that the amounts provided for in this section for such reimbursement or credit shall annually be adjusted by the same 

factor and upon the same basis as the impact fee. The reimbursement or credit shall be based upon a schedule 

established by City resolution and set out in the Schedule of Fees and Charges within this Code. (Prior Code § 20-55 

(G)(2) (g); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1109. Extensions to serve development. 

In the event that a developer constructs local sewers in order to serve his property, pursuant to annexation, 

subdivision, use permit or other requirements of this Code, he shall be eligible for reimbursement through the 

reimbursement map procedure only. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-55 (G) (2) (g)) 

8-12-23

Section 8-12.1110. Average-cost basis: Adjustment of fees. 

Notwithstanding any of the foregoing provisions in this article, it is found and determined that the rates 

established by this article to be paid for the wastewater collection and treatment system are based on average costs 

of full usage for the various uses set forth as provided in this article, and the literal application of the rates in all 

situations, without regard to the intensity of the waste water usage and burden created by the proposed connection, 

might result in inequities to individual connectors and an inequitable imposition of the fees charged to connectors 

throughout the City, unless due consideration is given to the particular factors involved in each proposed connection. 

The Director of Utilities is, therefore, authorized to exercise his or her discretion in adjusting the rates to be paid in 

unusual cases, having due regard for the true amount of wastewater generated and burden involved in each 

application. In exercising the discretion the Director of Utilities shall consider, among other things, for example, the 

amount of wastewater generation and burden created thereby, having regard for all conditions pertaining to the 

particular connection, so that the actual rates imposed, in particular situations, will be in accordance with the amount 

of usage and the burden upon the wastewater collection and treatment system proposed under the conditions of the 

particular connection. (Prior Code § 20-55 (G) (2) (h); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 

3/3/05) 

Section 8-12.1111. Payment under protest. 

Upon the payment of the rates to any connector, pursuant to the provisions of this article, the connector may, at 

his or her option, pay the same under protest, which protest must be in writing, and delivered to the City at the same 

time that the fee is paid, as to any and all such rates assessed prior to the annual review of the rates for such rates by 

the City Council, as provided in this article. In the event that such rates are so paid under protest and the rates, as 

amended by the City Council, pursuant to the annual review as provided in this article, provide for a lower rate and 

hence for a lower fee in the particular case of the protestant than that actually paid under protest, the fees shall be 

recomputed in accordance with the new rates established by the City Council pursuant to the annual review, and any 

portion in excess of the new rates shall be refunded to the connector who has protested. (Prior Code § 20-55 (G) (2) 

(i); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 88-22 § 2 (F) (part), eff. 1/5/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1112. Notice of changes. 

Section 8-12.1112 is repealed pursuant to Ordinance 2005-01. (Prior Code § 20-55 (G) (2) (j); Ord. 83-1061 § 

1 (part), eff. 11/17/83; Ord. 88-22 § 2(F) (part), eff. 1/5/89; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1200. Article 12. Other Charges 

Section 8-12.1201. Service outside City. 

(a) Connections to community sewers may be rendered to premises outside the limits of the City with the 

authorization of the City Council. 

(b) Impact fees and user classification charges shall be at least those as outlined in this chapter and may be 

increased to reflect the actual benefits received by the users. The connection fees and user classification charges 

shall be as determined by the Director of Utilities and shall take into account the capital value, methods of finance 

and circumstances affecting the operation and maintenance of the City wastewater collection and treatment system. 

(Prior Code § 20-55 (H); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1202. Monitoring fees. 

(a) Monitoring fees shall be set by the Director of Utilities to recover all costs associated with monitoring 

Class III and Class IV users. Monitoring fees may include but not be limited to: 

(1) Fees for sample analysis; 

(2) Fees for metering; 

(3) Fees for monitoring facilities. 

(b) Fees may be charged for actual costs incurred plus an administrative overhead charge as set by resolution 

of the City Council in lieu of set rates. (Prior Code § 20-55 (I); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, 

eff. 3/3/05) 

Section 8-12.1203. Permit application fees. 

Fees for processing permit applications shall be as set by the Director of Utilities to defray all administrative 

costs. Fees shall accompany the permit application and shall be refundable once the permit application is submitted 

8-12-24

to the Director of Utilities. (Ord. 2006-02, eff. 3/21/06; Ord. 2005-01, eff. 3/3/05; Ord. 83-1054 § 1 (part), eff. 

6/16/83; Prior Code § 20-55 (J)) 

Section 8-12.1204. Wastewater treatment plant impact fee. 

(a) There is hereby re-established a wastewater treatment plant impact fee of three dollars and sixty-two cents 

($3.62) per additional gallon of wastewater flow generated by future re-zonings which authorize increased density 

and by future annexations insofar as annexations will be serviced by the wastewater treatment plant. In the case of 

re-zonings, the fee shall be on the total potential density increase authorized. In the case of annexations, the fee shall 

be based on the total density authorized by pre-zoning of that acreage which will be served by the wastewater 

treatment plant. The fee shall be determined using estimates of wastewater flow generation specified by the Santa 

Maria Project Assessment Manual, as that manual may be amended from time to time. 

(b) Impact fees shall be collected from the applicant at the time of processing applications for a building permit 

or as otherwise required by Section 53077.5 of the California Government Code. If the City will not issue a building 

permit for the project, the fee shall be collected at the time of processing an application for encroachment permit to 

connect to the City’s sewer system. 

(c) Revenues raised by payment of impact fees shall be placed on a separate account. These revenues, and any 

interest earned on them, shall be used only to pay for the City’s construction of facilities described in the City of 

Santa Maria Future Wastewater Treatment and Disposal Expansions study dated April, 1982, or to reimburse the 

City for those facilities built by the City with funds it advanced from other sources. 

(d) The impact fee shall be adjusted once yearly by ordinance of the City Council to reflect the increase or 

decrease of construction costs, on the basis of a factor recommended by the Director of Public Works, which factor 

shall be based on the Engineering News Record Cost of Construction Index published by McGraw-Hill Publishing 

Company. Prior to adjusting the fee, notice shall be given in conformity with Section 2-24.101 et seq. of Title 2 of 

this Code. (Ord. 88-22 §2 (B), eff. 1/5/89) 

Section 8-12.1300. Article 13. Wastewater Main Extension Benefit Districts 

Section 8-12.1301. Eligibility: Intent. 

(a) When, in connection with a development, it is necessary either (1) to install wastewater main extensions off 

the site of the development, (2) to extend oversized wastewater mains on the site of the development, or (3) to install 

wastewater main extensions on the site of the development in a location such that the main or mains will be of 

benefit to adjacent properties not owned by the developer, a benefit district incorporating the area which may be 

served from the main or mains and thereby be benefited, as determined by the Director of Public Works, may be 

established and administered as provided in this article. The benefit district will be for the purpose of securing 

reimbursement of a portion of the applicant's installation costs for the main extension from subsequent users. 

Oversize wastewater mains are defined to be wastewater mains of ten (10) inch diameter or larger. 

(b) The purpose of this procedure is to provide developers with a method for securing reimbursement for 

wastewater main extensions of benefit to independently owned properties. It is not intended that benefit districts be 

created where financial equity is possible through private negotiations between the developer and either the original 

owners of the development parcel or subsequent purchasers of a portion of the development. (Ord. 83-1054 § 1 

(part), eff. 6/16/83: prior Code § 20-58 (A)) 

Section 8-12.1302. Guidelines and standards. 

The Director of Public Works shall develop guidelines and standards for the administration of the wastewater 

main extension benefit district procedure consistent with the provisions of this chapter. (Ord. 83-1054 § 1 (part), eff. 

6/16/83: prior Code § 20-58 (B) (part)) 

Section 8-12.1303. Initiation: Application contents. 

(a) Application for the creation of a benefit district shall be made to the Director of Public Works prior to 

acceptance of the subject public improvement as complete by the City. In the event the City installs and finances a 

main extension, the Director of Public Works may initiate the creation of a benefit district. 

(b) The applicant shall supply the Director of Public Works with the necessary improvement plans, benefit 

district boundary map, technical data, verifiable cost records and other supporting information as he may require to 

process the application and to administer the benefit district provisions. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior 

Code § 20-58 (B) (part)) 

8-12-25

Section 8-12.1304. Filing application: Approval: Recordation. 

Application for a wastewater extension benefit district can be made at the office of the Director of Public 

Works. After approval of the application by the Director of Public Works, he shall transmit the benefit district map 

and appropriate supporting data to the City Clerk, and the City Clerk will file the benefit distinct map and 

appropriate supporting data with the county recorder at which time the district will be effective. An information 

copy shall also be filed with the Director of Administrative Services and with the Director of Community 

Development. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-58 (C)) 

Section 8-12.1305. Reimbursement fees. 

Any individual connecting to a wastewater main which is the subject of a benefit district will pay the 

reimbursement fee established by the benefit district to the Director of Administrative Services at the time of 

applying for service, and in any case before making the connection. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior 

Code § 20-58 (D)) 

Section 8-12.1306. Expiration. 

(a) A wastewater extension benefit district will automatically expire on the fifteenth anniversary of the date the 

district is filed with the county recorder. Any connections to the public facilities after the expiration date will be at 

no reimbursement cost to the connector. 

(b) A report of the financial status of the benefit district will be prepared by the Director of Administrative 

Services and mailed to the applicant at his last known address. Upon his request, any funds due him will be 

tendered. If there is no response from the applicant within six (6) months of the final report to him, any funds due 

him will be deemed forfeited and these amounts plus any surplus revenues in the account for the particular benefit 

district will be transferred to the municipal wastewater fund. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20- 

58 (E)) 

Section 8-12.1400. Article 14. Enforcement 

Section 8-12.1401. Accidental discharge--Limitation of liability. 

A user's discharge due to an upset, as described by Title 40, Section 403.16 of the Code of Federal Regulations, 

is an affirmative defense to noncompliance with this chapter. "Upset" does not include noncompliance caused by 

operational error, improperly designed or inadequate treatment facilities, lack of preventive maintenance or careless 

or improper operation. (Ord. 90-28 § 1 (part), eff. 1/3/91) 

Section 8-12.1402. Accidental discharge: Informing employees. 

In order that employees of Class III and Class IV users be informed of City requirements, these users shall make 

available to their employees copies of applicable portions of this chapter and together with such other wastewater 

information and notices which may be furnished and permanently posted on the user's bulletin board advising 

employees whom to call in case of discharge in violation of this chapter. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior 

Code § 2056 (A) (2)) 

Section 8-12.1403. Accidental discharge: Prevention. 

Any direct or indirect connection or entry point of persistent and/or deleterious wastes to the user's plumbing or 

drainage system shall be eliminated. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-56 (A) (3)) 

Section 8-12.1404. Cease and desist order. 

When the City finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of 

this chapter or the provisions of any permit, the Director of Utilities may issue an informal cease and desist order to 

such violator and direct that those persons not complying with such prohibitions, limits, requirements or provisions: 

(a) Comply forthwith; 

(b) Comply in accordance with a time schedule set forth by the City; or 

(c) Take appropriate remedial or preventive action. (Prior Code § 20-56 (B); Ord. 83-1054 § 1 (part), eff. 

6/16/83; Ord. 2005-01, eff. 3/3/05) 

8-12-26

Section 8-12.1405. Correction schedule required. 

When the City finds that a discharge of wastewater has been taking place in violation of prohibitions or 

limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment 

standards, or the provisions of any permit, the City will require the user to submit for approval, with such 

modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to 

prevent or correct a violation of requirements. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-56 (C)) 


(a) Any user, permit applicant of permit holder affected by any decision, action or determination, including 

cease and desist orders made by the City, interpretation or implementation of the provisions of this chapter or any 

permit issued in this chapter, may file with the Director of Utilities a written request for reconsideration within ten 

(10) days of such action, or determination, setting forth in detail the facts supporting the user's request for 

reconsideration and shall put up bond in the amount of two hundred fifty dollars ($250.00). The Director of Utilities 

shall respond within thirty (30) days. 

(b) If the ruling made by the Director of Utilities is unsatisfactory to the person requesting reconsideration, he 

may within ten (10) days after notification of such action, file a written appeal to the City Council. The written 

appeal shall be heard by the body within thirty (30) days or the next City Council meeting, from the date of filing. 

The City’s governing body shall make a final ruling on the appeal within thirty (30) days of the close of the meeting. 

The City’s decision, action or determination shall remain in effect during such period of reconsideration, and should 

the Council find for the City, the two hundred fifty dollar ($250.00) bond is forfeit. The action of the City Council 

shall be final. (Prior Code § 20-56 (D); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 3/3/05) 

Section 8-12.1407. Nuisance declared. 

Discharges of wastewater in any manner in violation of this chapter or of any order issued by the Director of 

Utilities as authorized by this chapter, is declared a public nuisance and shall be corrected or abated as directed by 

the City. Any person creating a public nuisance is guilty of a misdemeanor. (Prior Code § 20-57 (A); Ord. 83-1054 § 


Section 8-12.1408. Injunction to restrain violation. 

When a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens 

to cause a condition of contamination, pollution or nuisance, the Director of Utilities may petition the Superior Court 

for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the 

continuance of such discharge. (Prior Code § 20-57 (B); Ord. 83-1054 § 1 (part), eff. 6/16/83; Ord. 2005-01, eff. 

3/3/05) 

Section 8-12.1409. Charges for facilities damage. 

When a discharge of wastes causes an obstruction, damage or any other impairment to City facilities, the City 

may assess a charge against the user for the work required to clean or repair the facility and add such charge to the 

user's charges and fees. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-57 (C)) 

Section 8-12.1410. Correction by City. 

In order to enforce the provisions of this chapter, the City may correct any violation of it. The cost of such 

correction may be added to any charges and fees payable by the person violating this chapter or the owner or tenant 

of the property upon which the violation occurred, and the City shall have such remedies for the collection of such 

costs as it has for the collection of charges and fees. The City may also petition the Superior Court for the issuance 

of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued 

violation of this chapter. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-57 (D)) 

Section 8-12.1411. Civil penalty. 

(a) Any person who violates any provision of this chapter, requirements or conditions set forth in permits duly 

issued, or who discharges wastewater which causes pollution, or violates any cease and desist order, prohibition, 

eminent limitation, discharge limitation, national standard of performance, pretreatment or toxicity, is liable civilly 

to liabilities imposed by the City against which the violation occurs. The civil liability may be in a sum of not to 

exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. 

(b) The City may petition the Superior Court to impose, assess and recover such sums. In determining such 

amount, the court shall take into consideration all relevant circumstances, including but not limited to the extent of 

8-12-27

harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation 

occurs, and corrective action, if any. (Ord. 90-28 § 1 (part), eff. 1/3/91: Ord. 83-1054 § 1 (part), eff. 6/16/83: prior 

Code § 20-57 (E)) 

Section 8-12.1412. Falsification. 

Any person who knowingly makes any false statements, representation, record, report, plan or other document 

filed with the City or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method 

required under this chapter, is in violation of this chapter and subject to the civil liabilities imposed under Sections 

8-12.1307 through 8-12.1313. (Ord. 83-1054 § 1 (part), eff. 6/16/83: prior Code § 20-57 (F)) 

Section 8-12.1413. Permit revocation: Termination of service. 

(a) The Director of Utilities may revoke any permit, or terminate or cause to be terminated wastewater service 

to any user if a violation of any provisions of this chapter is found to exist or if a discharge of wastewater causes or 

threatens to cause a condition of contamination, pollution or nuisance as defined in this chapter. This provision is in 

addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment. 

(b) Before or after termination of service the Director of Utilities shall notify in writing, the owner and tenant, 

if any, of such property that service is intended to be so terminated. Such notice shall be mailed to the owner at the 

address shown on the records of the assessor of the county, or as otherwise known, and a copy shall be delivered to 

the tenant or posted conspicuously on the property. The notice shall state the date of proposed termination of service 

and the reasons therefor. Users may then file appeals as outlined in this chapter. 

(c) Notwithstanding any contrary language in subsections (a) and (b) of this section, the Director of Utilities 

may terminate service to a user immediately upon informal advance notice, where necessary to effectively halt or 

prevent a discharge of pollutants into a community sewer which discharge reasonably appears to present an 

imminent endangerment to the health or welfare of persons. (Prior Code § 20-57 (G); Ord. 83-1054 § 1 (part), eff. 

6/16/83; Ord. 90-28 § 1 (part), eff. 1/3/91; Ord. 2005-01, eff. 3/3/05) 

8-12-28

CHAPTER 8-12A 

STORM WATER RUNOFF POLLUTION PREVENTION 

Section 8-12A.01. Purposes. 

The purposes of this Ordinance are to: 

(a) Protect the City's storm water collection system and receiving waters from pollutants; 

(b) Comply, and require compliance with Federal and State laws concerning storm water. (Ord. 2009-20, eff. 

10/15/09) 

Section 8-12A.02. Definitions. 

(a) Best Management Practices (BMPs) shall mean schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United 

States; also treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, 

which are consistent with the California Storm Water Quality Association Best Management Practice Handbooks or 

equivalent. 

(b) Discharge shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration 

to groundwater), dumping, or disposal of any liquid, semi-solid, or solid substance. 

(c) Illicit Connection shall mean any unauthorized, man-made conveyance or drainage system pipeline, 

conduit, inlet or outlet, or condition of property whether on the surface or subsurface through which the discharge of 

any pollutant to the storm drain system occurs or may occur. Illicit connections include, but are not limited to: 

(1) Any conveyances which allow sewage, process wastewater, or wash water to enter the storm drain 

system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain 

or connection had been previously allowed, permitted, or approved by a government agency; or 

(2) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system 

which has not been documented in plans, maps, or equivalent records and approved by the City of Santa Maria. 

(d) Pollutant shall mean anything that causes or contributes to pollution including but not limited to: 

(1) Artificial materials, chips, or pieces of natural or man-made materials such as floatable plastics, wood, 

or metal shavings; 

(2) Waste including trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; 

pesticides, herbicides, and fertilizers; used oil and fluids from vehicles, lawn mowers and other common household 

equipment; 

(3) Metals including cadmium, lead, zinc, copper, silver, nickel, and chromium and non-metals including 

phosphorus and arsenic; 

(4) Petroleum hydrocarbons such as fuels, lubricants, hydraulic fluids, surfactants, waste oils, solvents, 

coolants and grease; 

(5) Soil sediment and particulate materials; 

(6) Animal waste including animal fecal material from any property, residence, yard, kennel, pen, park, 

dog park, animal show, animal confinement facility; or any activity involving an animal including keeping, riding, 

exercising, showing, recreating, walking, or transporting; 

(7) Substances having characteristics such as a pH less than 5.5 or greater than 9.5, unusual coloration, 

turbidity, or pathogens; 

(8) Waste materials including those incidental to construction and development activities; those produced 

by any activities of commercial or industrial businesses, whether mobile or stationary; painting, staining, use of 

sealants, glues, limes; application of pesticides, fertilizers or herbicides; use of wood preservatives and solvents; 

disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator, or 

battery fluids; concrete pouring and cutting slurry wastes; sand blasting residues; or use of chemical degreasing or 

diluting agents; 

(9) Wastewater including any runoff generated by construction and development activities; the activities 

of any commercial or industrial businesses, whether mobile or stationary; pressure-washing of cars, buildings, 

walkways, or driveways; application of pesticides, fertilizers or herbicides; use of oils, lubricants, hydraulic, radiator 

or battery fluids; concrete pouring and cutting slurry wastes; sand blasting residues; use of chemical degreasing or 

diluting agents; concrete washout or use of concrete detergents or construction equipment washing; or chlorinated 

water generated by swimming pools; 

(10) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand, or total 

organic carbon; or which contain base/neutral or acid extractable organic compounds; and 

(11) Pollutants as defined in § 502 (6) of the Clean Water Act, 33 U.S.C. 1362 (6) or incorporated into 

California Water Code § 13373. 

8-12A-1

(e) Receiving water shall mean “waters of the United States” as defined in 40 Code of Federal Regulations 

§122.2 into which the regulated storm water discharges. 

(f) Responsible Party shall mean any owner, operator, occupant, developer, contractor or sub-contractor of a 

building, facility or property that emits storm water into the City of Santa Maria storm drain system; or the person(s) 

identified in and responsible for compliance with the provisions of a Storm Water Pollution Prevention Plan or 

Storm Water Management Plan. 

(g) Storm Drain System shall mean the publicly-owned facilities operated by the City of Santa Maria, or 

within the City of Santa Maria but owned and operated by Santa Barbara County Flood Control and Water 

Conservation District, by which storm water collected and/or conveyed, including but not limited to any roads with 

drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, terminal and detention basins, natural 

and man-made or altered drainage channels, reservoirs, and other drainage structures, which are within the 

jurisdictional area and are not part of a publicly-owned treatment works as defined in 40 CFR Section 122.2. 

(h) Storm water shall mean surface runoff and drainage associated with storm events. (Ord. 2013-02, eff. 

4/4/13; Ord. 2012-02, eff. 4/5/12; Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.03. Authority of the Director of Utilities. 

The Director of Utilities or his/her delegate shall have the authority to administer, implement and enforce this 

Ordinance in order to affect its purposes, whether or not the authority is spelled out specifically elsewhere. Any 

order of the Director of Utilities may be appealed in the manner specified by Section 8-12.1406. (Ord. 2009-20, eff. 

10/15/09) 

Section 8-12A.04. Prohibited Discharges, Exemptions and Limitations. 

(a) Discharges prohibited. No person shall commence or continue, and no responsible party shall permit, any 

direct or indirect non-storm water discharge to public or private property. Moreover, no person shall commence or 

continue, and no responsible party shall permit, any discharge of storm water unless the discharge is in conformance 

with each of the following: 

(1) This Code; 

(2) The terms of the State of California Department of Water Resources Phase II Small MS4 General 

Permit; 

(3) The terms of Post-Construction Stormwater Management Requirements for Development Projects in 

the Central Coast Region dated July 12, 2013, as modified by approved Alternative Compliance; 

(4) The terms of a permit or other approval given by the City of Santa Maria under authority of 

subsections (i) through (iii), above. 

Provided however, that no person and no responsible party shall be in violation of this Code under subsections 

(2), (3) or (4) above without first being given notice and the opportunity for an administrative interpretation of the 

terms alleged to be violated using the procedure set out in Section 12-41.06 of this Code. 

(b) Exemptions from discharge prohibition. Subject to the limitation in subsection (c), the following activities 

shall not be a prohibited discharge under this ordinance: 

(1) Water line flushing; 

(2) Landscape irrigation that does not exceed incidental runoff, as defined by the State of California 

Department of Water Resources Phase II Small MS4 General Permit; 

(3) Diverted stream flows; 

(4) Rising ground waters; 

(5) Uncontaminated groundwater infiltration (as defined at 40 CFR §35.2005[20]) to separate storm 

sewers; 

(6) Uncontaminated pumped ground water; 

(7) Discharges from potable water sources; 

(8) Foundation drains; 

(9) Air conditioning condensate; 

(10) Springs; 

(11) Water from crawl space pumps; 

(12) Footing drains; 

(13) Individual residential car washing; 

(14) Flows from riparian habitats and wetlands; 

(15) Dechlorinated swimming pool discharges; 

(16) Discharges and flows from emergency fire fighting activities. 

8-12A-2

(17) Any non-storm water discharge permitted or approved under a National Pollutant Discharge 

Elimination System permit, waiver, or waste discharge order issued to the discharger and administered by the State 

of California under the authority of the Environmental Protection Agency, provided that the discharger is in full 

compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations and 

provided that written approval has been granted by the City of Santa Maria for any discharge to the storm drain 

system. 

With written concurrence of the Central Coast Regional Water Quality Control Board, the City of Santa Maria 

may exempt in writing other non-storm water discharges which are not a source of pollutants to the storm drain 

system or Waters of the U.S. 

(c) Limitation. No person shall take any action that may result in contamination, pollution, or unauthorized 

discharge of pollutants or fail to take any action that may prevent contamination, pollution, or unauthorized 

discharge of pollutants. This Ordinance shall not create liability on the part of the City of Santa Maria, any agent or 

employee thereof for any damages that result from any discharger’s reliance on this Ordinance or any administrative 

decision lawfully made under it. (Ord. 2013-02, eff. 4/4/13; Ord. 2009-20, eff. 10/15/09; Ord. 2014-02, eff. 4/17/14) 

Section 8-12A.05. Illicit Connections Prohibited; Exception. 

(a) No person shall establish, use, maintain, or continue illicit drainage connections to the storm drain system. 

(b) This prohibition expressly includes, without limitation, illicit drainage connections made in the past, 

regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of 

connection. 

(c) Exception. If, subsequent to eliminating a connection found to be in violation of this Ordinance, the 

responsible person can demonstrate that the offending illicit discharges will no longer occur, said person may 

request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of 

the responsible party. (Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.06. Waste Disposal Prohibited. 

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in 

or upon any public or private property, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, 

articles, and accumulations, so that the same may cause or contribute to pollution. It is a violation of this Ordinance 

to cause or permit any dumpster, solid waste bin, or other waste receptacle to leak such that any pollutant may enter 

public property or the storm drain system. (Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.07. Compliance Required with Industrial National Pollutant Discharge Elimination System 

(NPDES) Storm Water Discharge Permits. 

Any person subject to any industrial NPDES storm water discharge permit shall comply with all provisions of 

such permit. Proof of compliance with said permit may be required in a form acceptable to the Director of Utilities 

upon submittal of improvement plans prior to issuance of any grading, building, occupancy, or operating permits, 

upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. 

(Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.08. Requirement to Prevent, Control, and Reduce Storm Water Pollutants. 

(a) Requirement to Implement Best Management Practices (BMPs). All responsible parties shall implement 

appropriate BMPs adopted by the City of Santa Maria for any activity, operation, or facility, which may cause or 

contribute to pollution or contamination of the storm drain system or receiving waters. 

(b) New Development and Redevelopment. All responsible parties shall implement City of Santa Maria BMPs 

to control the volume, rate, and potential pollutant load of storm water runoff from new development and 

redevelopment projects to minimize the generation, transport, and discharge of pollutants. 

(c) Responsibility to Implement BMPs. Notwithstanding the presence or absence of requirements promulgated 

pursuant to subsections (a) and (b) above, any person engaged in activities or operations, or owning facilities or 

property which will, or may, result in pollutants entering storm water, the storm drain system, or receiving waters 

shall implement BMPs to prevent and reduce such pollutants to the maximum extent practicable. 

(1) Activities, operations, and facilities include, but are not limited to: operation, maintenance, and repair 

of vehicles; use and disposal of chemicals such as paints, pool chemicals, pesticides, herbicides, and fertilizers; 

parking lots, gasoline stations, and loading docks; trucking, transportation, manufacturing, and processing facilities; 

waste disposal, recycling, scrap and used parts operations; mobile steam or pressure washing operations; 

construction projects, and car washing other than individual residential car washing. 

8-12A-3

Prior to conducting a car wash event, the responsible party shall obtain, either from the City’s website 

(santamariacleanwater.org) or from the Utilities Department, the current BMPs for Car Wash Events. The 

responsible party shall sign and post the current BMPs in a clearly visible location at the car wash event. 

(2) Construction activities which may result in the release of pollutants to storm water include, but are not 

limited to: grading, paving, pouring concrete, painting, and landscaping. Pollutants to be controlled at construction 

sites include in particular, but are not limited to, soil sediments released by tracking and erosion during and 

immediately following construction. (Ord. 2013-02, eff. 4/4/13; Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.09. Repealed. 

Section 8-12A.09 is repealed, and supplanted by Section 8-12A.14. (Ord. 2013-02, eff. 4/4/13; Ord. 2009-20, 

eff. 10/15/09) 

Section 8-12A.10. Requirement to Monitor and Analyze. 

The Director of Utilities may require by written notice of requirement that any person engaged in any activity 

and/or owning or operating any facility which may cause or contribute to storm water pollution, illicit discharges, 

and/or non-storm water discharges to the storm drain system or Waters of the U.S., to undertake at said person’s 

expense such monitoring and analyses and furnish such reports as the Director deems necessary to determine 

compliance with this Ordinance. Such information shall be required in compliance with the Homeland Security Act 

or any other federal law that concerns security in the United States. The burden, including costs, of these activities, 

analyses, and reports shall be borne by the responsible party. (Ord. 2013-02, eff. 4/4/13; Ord. 2009-20, eff. 

10/15/09) 

Section 8-12A.11. Notification of Spills. 

Notwithstanding other requirements of law, if any person responsible for a facility or operation, or responsible 

for emergency response for a facility or operation has information of any known or suspected release of materials 

which are resulting, or may result, in illicit discharges or pollutants discharging into the storm drain system, said 

person shall immediately take all necessary steps to ensure the discovery, containment, and cleanup of such a 

release. In the event of a release of materials, said person shall notify the City of Santa Maria in person at 2065 East 

Main Street, Santa Maria, or by phone to 805-928-3781, ext. 277, or 805-925-2631, no later than 5:00 p.m. the next 

business day. Notifications shall be confirmed by follow-up correspondence addressed to the City of Santa Maria, 

Department of Utilities, 2065 East Main Street, Santa Maria, CA, 93454 within three days of the initial notification. 

(Ord. 2013-02, eff. 4/4/13; Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.12. Authority to Inspect. 

Whenever it is determined to be necessary to inspect or enforce any provision of this Ordinance, or whenever 

the Director of Utilities has probable cause to believe that there exists, or potentially exists, in or upon any premises 

any condition which constitutes a violation of this Ordinance, the Director, with permission from the responsible 

party, may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to 

storm water compliance. In the event the responsible party refuses entry after a request to enter and inspect has been 

made, the Director is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining 

such entry. (Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.13. Authority to Sample, Establish Sampling Devices, and Test. 

During any inspection as provided herein, the Director of Utilities may, with permission of the responsible 

party, take any samples deemed necessary to aid in the pursuit of the inquiry or to record site activities. Subject to 

the access provisions of Section 8-12A.12 of this chapter, the Director may establish on any property such devices 

as are necessary to conduct sampling or metering and may perform smoke or dye tests to determine the source of a 

discharge. (Ord. 2009-20, eff. 10/15/09) 

Section 8-12A.14. Notice of Violation. 

Whenever the Director of Utilities finds that a person has violated a prohibition or failed to meet a requirement 

of this Ordinance, the Director may order compliance with this Ordinance by written Notice of Violation to the 

responsible person that: 

(a) Requires monitoring, analyses, and reporting be performed; 

(b) Illicit connections or discharges be eliminated; 

(c) Violating discharges, practices, or operations cease and desist; 

8-12A-4

(d) Source control or treatment BMPs be implemented; and/or 

(e) Any storm water pollution or contamination hazard be abated and remediated and any affected property 

restored; 

(f) Requires compliance with laws, regulations, permits or approvals set out in subsection (a) of Section 8- 

12A.04. 

In issuing a notice of violation ordering a responsible party to cease and desist discharging, the Director shall 

have the authority to order abatement within a specified time; to perform the clean-up and abatement work and bill 

the responsible party; to order cessation of activities causing pollution when the responsible party fails to abate; to 

impose modified timeframes for abatement; to impose administrative fines, costs and penalties according to Chapter 

1-8 and 1-9 of this Code; and to seek more substantial civil or criminal sanctions. (Ord. 2013-02, eff. 4/4/13; Ord. 

2009-20, eff. 10/15/09) 

Section 8-12A.15. Violations Deemed a Public Nuisance. 

In addition to the enforcement processes and penalties herein provided, any condition caused or allowed to exist 

in violation of any of the provisions of this Ordinance is a public nuisance and subject to abatement as otherwise 

provided in this Code. Any person creating a public nuisance is guilty of a misdemeanor. (Ord. 2010-03, eff. 

5/20/10; Ord. 2009-20, eff. 10/15/09) 

8-12A-5


WELLS 


As used in this chapter: 

(a) "Drainage well" means a well whereby water is returned from the surface to the underground water 

reservoir. 

(b) "Supply well" means a well by which water is removed to the surface from its natural position in the 

ground below. 

(c) “Public Agency” means the state, a county, city and county, city, district, community college district, 

school district, joint powers authority, or other entity designated or created by a political subdivision, and any other 

political subdivision of the state. (Prior Code § 20-48.5 (A), Ord. 2003-12, eff. 6/3/03) 

Section 8-13.02. Restricted. 

The construction of wells in the City, except by the City, or by Santa Maria public agencies to reconstruct or 

replace a previously existing well, for any other purposes than for furnishing water for commercial agricultural 

purposes, including other necessary uses and purpose incidental to a commercial agricultural operation, is 

prohibited, except the Director of Utilities may issue a permit for a well for domestic, commercial or industrial use 

for temporary use only, under the following conditions: 

(a) City water mains are not in place adjacent to the property involved; 

(b) The Director of Utilities has determined that it is not economical, feasible or desirable to extend City water 

mains to serve the property at the time that request for such service is made by the owner or lessee; 

(c) The owner of the property or lessee has executed an agreement for the destruction of the well within ninety 

(90) days of notice by the Director of Utilities. Such notice shall be given immediately following installation of 

water mains adjacent to the property on which the well has been constructed. Destruction shall comply with the 

water well standards of the State Department of Water Resources. (Prior Code § 20-48.5 (B) (1); Ord. 88-3 § 1, eff. 

3/3/88, Ord. 2003-12, eff. 6/3/03; Ord. 2005-01, eff. 3/3/05) 

Section 8-13.03. Other provisions unimpaired by permit. 

Issuance of a permit for a temporary well shall not nullify or affect any provisions of this Code or resolutions of 

the Council which provide a method of installation of a water main or lateral and the payment therefor. (Prior Code 

§ 20-48.5 (B) (2)) 

Section 8-13.04. Permit. 

No well shall be constructed within the City by any person without first securing a permit from the Director of 

Utilities. Before the construction has commenced, persons constructing the well shall pay the sum provided for in 

the Schedule of Fees and Charges within this Code to the Director of Administrative Services and file an application 

with the Director of Administrative Services for such a permit, the application to set forth the location of the well, 

the purpose for which the water from such well will be used, and constructed based upon the specific City of Santa 

Maria standard with a detailed sketch of the proposed installation. The Director of Utilities shall thereupon 

investigate the proposed construction of the well to determine whether the proposed construction of the well will 

pollute or impair the public water supply of the City, and will conform to the requirements of law and of this Code. 

If the Director of Utilities finds that the construction of the well as proposed will not pollute or imperil the water 

supply of the City, and the location of the proposed well meets the requirements set forth in this chapter, he or she 

shall issue a permit, but otherwise he or she shall withhold the permit. The fee shall cover the cost of this 

investigation and shall not be returned to the applicant whether the permit is granted or refused. (Prior Code § 20- 

48.5 (C) (part); Ord. 2003-12, eff. 6/3/03; Ord. 2005-01, eff. 3/3/05) 

Section 8-13.05. Standards: County permit. 

Every person who constructs or destructs a well shall comply with the provisions of this title and the water well 

standards of the State prepared by the State Department of Water Resources, and as amended from time to time, 

which standards are incorporated in this chapter by reference in their entirety. No person shall do any act regulated 

by the provisions of such standards without first obtaining a permit therefor from the Director of Utilities. The 

Director shall notify the County Health Officer of the proposal. A county permit shall be obtained and the well shall 

be constructed or destructed under the supervision of the County Health Officer and shall conform to all regulations 

made by the County Health Officer to prevent the pollution of or imperiling of the public water supply of the City. 

(Prior Code § 20-48.5 (D); Ord. 2005-01, eff. 3/3/05) 

8-13-1

* Editor's Note: Section 8-13.05 was amended by request of the City Attorney. 

Section 8-13.06. Cooling-water wells. 

No well shall be constructed in the City for the purpose of furnishing, in whole or in part, water for refrigeration 

or air-conditioning purposes for the purpose of furnishing water to cool on property that is less than three thousand 

feet (3,000') from a public water main.(Ord. 95-13, eff. 12/07/95) 

(Prior Code § 20-48.5 (E)) 

Section 8-13.07. Drainage wells. 

No drainage well shall be constructed in the City. Any existing drainage well which is not used for a period of 

one (1) year, or which has been abandoned, shall be destroyed in compliance with the water well standards of the 

State Department of Water Resources. (Prior Code § 20-48.5 (F)) 

Section 8-13.08. Proximity to public water supply. 

No well constructed in the City after the effective date of the ordinance from which this section derives shall be 

closer than one thousand (1,000) feet to the nearest well of the public water supply system of the City. (Prior Code § 

20-48.5 (G)) 

Section 8-13.09. Sealing. 

All wells shall be sealed in compliance with the water well standard of the State Department of Water 

Resources. (Prior Code § 20-48.5 (H)) 

8-13-2


DRAINAGE FEES 

Section 8-14.01. North Blosser Road area and Battles Road area drainage fee. 

(a) There is re-established a fee to defray actual or estimated costs of building planned drainage facilities that 

will remove surface and storm waters from certain local drainage areas known as the North Blosser Road drainage 

area and the Battles Road drainage area. 

(b) This fee requirement was initiated in Ordinance No. 441 of the Santa Maria City Council, in which the 

following findings were made and actions taken, each of which is confirmed: 

(1) The master drainage report of the City Engineer of the City, dated February, 1960 was adopted as the 

drainage element of the General Plan; 

(2) Subdivision and development in drainage areas shown in the report was found to require construction 

of identified drainage facilities: 

(3) Per the master drainage report, the North Blosser Road area facility was found to cost an estimated one 

hundred ninety-one thousand nine hundred thirty-nine dollars ($191,939.00) and the Battles Road facility an 

estimated forty-three thousand five hundred seventy-eight dollars ($43,578.00), in 1960 dollars, those facilities 

being in addition to existing local facilities serving the area; 

(4) The County of Santa Barbara was found to have no county-wide general drainage plan. 

(c) Unless otherwise required by State law, drainage fees shall be payable, in cash or other consideration of 

equal value acceptable to the City Attorney, upon approval of a final subdivision map in either of the described 

areas. Fees shall be a per-acre-or-fraction-thereof charge, calculated as follows: 

(1) The total area of undeveloped land within said planned local drainage area shall be added to the total 

area of undeveloped land within said drainage area which is zoned for commercial, industrial or planned community 

development or shown on the City’s General Plan as planned for commercial or industrial development. This total 

shall then be divided into the total estimated cost of construction of new facilities to serve said planned local 

drainage facilities and the resultant figure shall be termed the "unit of drainage cost." 

(2) The fee for the subdivision of each acre of land for residential use shall be one unit of drainage cost. 

The fee for subdivision of each acre for commercial, industrial and planned community use shall be two units. The 

terms “residential”, “industrial”, “commercial” and “planned community” use shall mean the same as they are 

defined in Ordinance No. 360 of the City. 

(3) Notwithstanding anything else herein contained, said fee shall not exceed an amount equal to the pro 

rata share of the amount of the total, actual or estimated costs of all facilities, existing or planned, within the local 

drainage area which would be assessable to such subdivision if such costs were apportioned uniformly on a per-acre 

basis. 

(d) Revenues raised by payment of drainage area and fees shall be placed in a separate account. These 

revenues, and any interest on them shall be used only to: 

(1) Pay for the City’s construction of facilities described in the master drainage report dated February, 

1960, and any updates thereto, or to reimburse the City for those facilities built by the City with funds it advanced 

from other services; or 

(2) Reimburse developers who have been required or authorized to install such facilities whose cost 

exceeds their drainage fee obligation under this section. 

(e) Cost estimates in the master drainage report shall be adjusted once yearly by resolution of the City Council 

to reflect the increase or decrease of construction costs, on the basis of a factor recommended by the Director of 

Public Works, which factor shall be based on the Engineering News Record Cost of Construction Index published 

by McGraw-Hill Publishing Company. Prior to adjusting the fee, notice shall be given in conformity with Section 2- 

24.101 et seq. of Title 2 of this Code. (Res. 90-143 § 4, eff. 10/16/90; Ord. 88-22 § 2 (c), eff. 1/5/88) 

Section 8-14.02. Orcutt Drainage Plan fee. 

(a) There is established a fee to defray estimated costs of building the storm drainage projects identified by the 

Orcutt Drainage Plan (June, 1960), as modified by the supplement (September, 1964). 

(b) The fee shall be paid by the developer of original construction or subdivider of property, whose property is 

located within the City limits, the planned local drainage area and all of the area within the watershed served by the 

Orcutt Area Drainage Element of the Santa Barbara County General Plan. A map designating this area is on file in 

the Engineering Division of the Public Works Department, and is incorporated by reference into the ordinance 

codified in this section. 

(c) The fee shall be paid at the earliest time allowed by State law, in the following amounts: 

8-14-1

(1) One hundred dollars ($100) per residential lot; 

(2) Five hundred dollars ($500) per acre or fraction thereof for property to be developed as commercial, 

industrial, school, church, shopping center or other similar uses which substantially cover the ground or which 

decrease the permeability of the soil; or 

(3) One hundred dollars ($100) per acre or fraction thereof for property to be developed as park, golf 

course, green belt, agricultural or other similar uses which substantially preserve the permeability of the soil. 

(d) The drainage facilities planned in the Plan and supplement were in addition to existing local drainage 

facilities serving the area at the time the Plan was adopted. 

(e) Notwithstanding any other provision of this section, the fee established by this section shall not exceed an 

amount equal to the pro rata share of estimated costs of all planned facilities located in the area covered by the Plan. 

(f) This section shall not apply where building permits are issued for alterations or additions to existing 

buildings or structures. If a developer contributes cash or other valuable consideration toward the construction of the 

facilities identified in the Plan or any updates thereto, the developer shall receive credit for the contribution against 

the fee otherwise to be paid under this section. 

(g) Revenues raised by payment of drainage fees shall be placed in a separate account. These revenues, and 

any interest on them, shall be used only to: 

(1) Pay for the City’s and/or Santa Barbara County Flood Control District's construction of facilities 

described in the Orcutt Drainage Plan dated June 1960 and any updates thereto, or to reimburse these entities for 

those facilities they built with funds advanced from other sources; or 

(2) Reimburse developers who have been required or authorized to install such facilities whose cost 

exceeds their drainage fee obligation under this section. 

(h) Cost estimates in the Orcutt Drainage Plan may be adjusted once yearly by resolution of the City Council to 

reflect the increase or decrease of construction costs, on the basis of a factor recommended by the Director of Public 

Works and/or director of the Santa Barbara County Flood Control and Water Conservation District, which factor 

shall be based on the Engineering News Record Cost of Construction Index published by McGraw-Hill Publishing 

Company. Before adjusting the fee, notice shall be given in conformity with Section 2-24.101 et seq. of this Code. 

(Ord. 91-31 § 2, eff. 2/6/92) 

8-14-2


GROWTH MITIGATION FEE PROGRAM 

Section 8-15.01. Purpose and Intent. 

It is the purpose and intent of this Section to implement a unified growth mitigation fee program to fund the 

acquisition, design and construction of certain public facilities and related equipment necessary to serve new 

development within the City. The Growth Mitigation Fee Program is not intended to duplicate any existing 

mitigation fees. The facilities to be funded by the growth mitigation fees are the facilities and equipment, as defined 

herein. The requirements of this section are in addition to any other requirements imposed by City ordinances, 

resolutions, rules or regulations. The fees required by this Section are in addition to any other means of financing 

facilities or improvements which may be available under State law, this Code or City policy. (Ord. 93-10, eff. 

09/04/93) 


Whenever the following terms or phrases are used in this section, they shall have the following meanings: 

(a) "Applicant" means the owner, or duly designated agent of the owner, of property as to which a request for 

development approval is received by the City. 

(b) "Benefit area" means the geographic area within which growth mitigation fees are collected and expended 

for a particular type of capital improvement serving development projects within such area. 

(c) "Calculate" means to determine the amount of growth mitigation fees to be collected, based on the need for 

capital improvements related to a particular development project. 

(d) "Capital Improvements" means public improvements, such as land and facilities for the storage, treatment, 

or distribution of water; for the collection, treatment, reclamation, or disposal of wastewater; for the collection and 

disposal of storm waters or for flood control purposes; for transportation and transit, including, but not limited to, 

streets and supporting improvements, roads, overpasses, bridges, and related facilities; for parks and recreation 

identified in the City’s adopted Capital Improvement Plan or Master Plans, or the Growth Mitigation Fee Program 

dated April, 1993. 

(e) "Capital Improvement Plan" means the Plan for capital improvements adopted or updated annually by the 

City Council. The Capital Improvement Plan indicates the approximate location, size, time of availability and 

estimated cost of capital improvements to be financed with growth mitigation fees and appropriate money for capital 

improvement projects. 

(f) "Collection" means the time when the growth mitigation fee due is actually paid by the applicant to the 

City. 

(g) "Commitment" means earmarking, budgeting, or appropriating of growth mitigation fees to fund or 

partially fund capital improvements serving new development projects. 

(h) "Development" means any building or other alteration of, or change in use. Changes in use may include, 

but not be limited to, conversion of general office to medical office, or conversion of retail space to 

restaurant/laundry/entertainment. 

(i) "Development Application" means any formal application submitted to the City, required as a prerequisite 

to a development project. 

(j) "Facilities and Equipment" means (1) administrative facilities, (2) traffic/circulation facilities, (3) water 

infrastructure facilities, (4) wastewater infrastructure facilities, (5) park and open space land and facilities, (6) Police 

Department facilities and related equipment, (7) fire stations and related equipment, (8) library facilities and related 

equipment, as described in the Study. 

(k) "Growth Mitigation Fee" means a monetary exaction imposed as a condition of or in connection with 

approval of a development project for the purpose of defraying all or a portion of the cost of capital improvements 

related to the development project. 

(l) "Imposition/Impose" means the determination that a particular development project is subject to the 

condition of payment of growth mitigation fees and the attachment of such requirement to the project as a condition 

of development approval. 

(m) "Master Plan" means a plan adopted by the City Council for a specific type of public facility, including 

drainage facilities, wastewater facilities, water facilities, and traffic circulation facilities. A master plan includes, 

but is not limited to, an estimate of the total costs of constructing the type of facilities required by the plan and a 

map of the area covered by the plan, showing the location of the facilities and the benefit areas. 

(n) "Study" means the Growth Mitigation Fee Program prepared by the City, in conjunction with the adoption 

of this Section, and may be amended from time to time. (Ord. 93-10, eff. 09/04/93) 

8-15-1

Section 8-15.03. Hearing required. 

(a) Prior to the establishment or increase of any growth mitigation fee, the City shall hold a public hearing at 

which oral or written presentations may be made, as a part of a regularly scheduled meeting. 

(b) Notice of the time and place of the hearing, including a general explanation of the matter to be considered, 

shall be published in accordance with State law. (Ord. 93-10, eff. 09/04/93) 

Section 8-15.04. Annual report. 

At least once every two years, the City Manager shall prepare a growth mitigation fee report to the City Council 

proposing any changes to the AB1600 fee program and any adjustments to the AB1600 growth mitigation fees. The 

report shall include, but not be limited to: 

(a) Recommended amendments to this chapter and to ordinances and resolutions establishing growth 

mitigation fee amounts. The growth mitigation fees, as specified in this chapter, may be set by ordinance or 

resolution. Growth mitigation fees shall be adjusted using the Engineering News Record Construction Cost Index as 

a guide, as well as other cost issues affecting the acquisition, design, and construction of capital facilities; 

(b) Recommended changes to the Capital Improvement Plan and to Master Plans, identifying capital 

improvements and estimated costs to be funded by growth mitigation fees; and 

(c) Recommended changes to the boundaries of benefit areas, and reimbursement allocations. 

Based on the report and any other relevant factors, the City Council may change, amend or adopt growth 

mitigation fee rates or schedules, or the identification of capital improvements to be funded by growth mitigation 

fees. Nothing herein precludes the City Council or limits its discretion to change, amend or adopt such enactments 

at any other time. (Ord. 93-10, eff. 09/04/93; Ord. 97-11, eff. 10/16/97) 

Section 8-15.05. Effective date. 

An ordinance or resolution establishing a new growth mitigation fee or increasing an existing fee shall take 

effect no sooner than sixty (60) days following the final action by the City Council on the ordinance or resolution. 

(Ord. 93-10, eff. 09/04/93) 

Section 8-15.06. Imposition, calculation, acknowledgement, and collection of growth mitigation fees. 

(a) Growth mitigation fees shall be imposed as a condition of approval of a development project. No tentative, 

final, or parcel map, grading permit, building permit, final inspection, final approval, or certificate of occupancy 

shall be approved, made or issued, unless the provisions of this section have been fulfilled. 

(b) The calculation of the fees imposed, as identified in paragraph (a) above, shall be at the time of approval of 

a development project, except for subdivisions, which shall be at the time of building permit issuance. In no case 

shall the calculation be later than the date a building permit is issued. The fee shall be based on the growth 

mitigation fee schedule in effect at the time the fee is calculated. 

(c) The applicant for a building permit shall be required to execute an acknowledgement, in a form approved 

by the City Attorney, to pay the fees in cases where the fees are not fully paid at fee imposition, as a condition to 

development approval. 

(d) Growth mitigation fees for residential construction shall be paid upon request for a final inspection, except 

that growth mitigation fees for residential addition construction shall be paid upon issuance of the building permit. 

In the event that a project is constructed, but exempt from the building permit process, those fees shall be imposed, 

calculated, and paid prior to approval for final utility connections to structures completed for the project. 

(e) For all development projects already connected to the utility system, the water and wastewater fees, based 

solely on an increase in water meter size or a change in use, shall be calculated and collected prior to installation of 

the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently 

with the Growth Mitigation Fee. 

(f) City Council may consider allowing qualifying commercial and industrial development the ability to pay 

growth mitigation fees as outlined in the current fee schedule over a period of time. The maximum amount of time 

for payback shall be five (5) years. The payments shall be made yearly, and interest shall be paid. Interest 

calculations shall be based on the average annual interest rate for the Local Agency Investment Fund. Qualifying 

companies who wish to pursue this option shall sign an agreement, in a form approved by the City Attorney, and 

shall provide financial security guaranteeing payment. (Ord. 2007-06, eff. 7/14/07; Ord. 2005-07, eff. 7/7/05; Ord. 

93-10, eff. 09/04/93) 

8-15-2

Section 8-15.07. Establishment and accounting of growth mitigation fees. 

(a) Growth mitigation fees paid pursuant to this section shall be segregated and placed in special funds for the 

facilities for which the fees are collected. Monies from these funds shall be expended solely for the design, 

construction and acquisition of the corresponding facilities and equipment, including reimbursement for such 

expenditures. Any financing mechanism used to finance the cost of capital improvements identified as eligible for 

funding under the Growth Mitigation Fee Program may be charged to growth mitigation fees, if the City Council 

adjusts the growth mitigation fees to accommodate the financing costs. 

(b) Project exemptions from payment of growth mitigation fees were identified by the City Council at the 

January 19, 1993 City Council meeting by minute order. 

(c) Reconstructions of existing dwelling units or additions to a single-family residential dwelling unit not 

constituting the addition of another dwelling unit, as defined by the Uniform Building Code, as adopted by the City 

Council, shall not pay any growth mitigation fees for the addition only. (Ord. 93-10, eff. 09/04/93) 

Section 8-15.08. Reimbursement Agreements. 

(a) An owner or developer of a parcel/lot or parcels/lots within the City may be considered eligible to enter 

into a reimbursement agreement with the City to reimburse the owner for the developer's approved cost of installing 

or acquiring one or more of the facilities and equipment. The agreement shall be in a form approved by the City 

Attorney. In order to qualify for any reimbursement, an applicant has to have constructed infrastructure 

improvements that meet two criteria: 1) the improvements must be on the adopted growth mitigation capital 

improvement list; and 2) the improvements must be of a size greater than that required to mitigate the impact of the 

development. The source of reimbursement may be growth mitigation fees from the same fee component collected 

in the future. The applicant shall be reimbursed only for those costs incurred over and above growth mitigation fees 

paid and credited. Unless otherwise agreed to between the parties to the reimbursement agreement, the City’s 

estimate for the facility, as set forth in the Study, shall be the maximum reimbursement. The facilities and 

equipment for which reimbursement is provided must be dedicated to the City. 

(b) The City shall not reimburse the owner for any costs related to financing any facilities and equipment, 

unless the City Council adjusts the growth mitigation fees to accommodate the financing costs. 

(c) Any reimbursement agreement entered into under this section shall require the City to provide 

reimbursements for a period of up to five (5) years. Reimbursements shall only be provided from the proceeds of 

the growth mitigation fees collected by the City for the same type of facility for which reimbursement is being 

made. Until all the facilities and equipment of the same type as the facilities and equipment acquired pursuant to the 

reimbursement agreement have been constructed or acquired, only twenty-five percent (25%) of the growth 

mitigation fee proceeds collected by the City for the same type of facility for which the reimbursement is being 

made shall be paid in reimbursements. The remaining seventy-five percent (75%) shall be held by the City for use 

to construct and acquire facilities and equipment. 

(d) In the event the City enters into reimbursement agreements with the owners of different parcels which 

obligate the City to make reimbursement payments at the same time for the same types of facility, the owner which 

has executed the earliest reimbursement agreement with the City shall be entitled to growth mitigation fee proceeds 

before any other owner. 

(e) As used in this section, facilities which are of the same "type" are those facilities identified in the same 

section/fee component of the Study. 

(f) All reimbursements under this section shall be provided on an annual basis at the time determined by the 

City. 

(g) None of the provisions in this section shall affect reimbursement maps which were previously recorded. 

(Ord. 93-10, eff. 09/04/93) 

Section 8-15.09. Credits. 

(a) Any applicant subject to a growth mitigation fee, imposed pursuant to this chapter, who dedicates real 

property or interests therein, to the City, for the construction of capital improvements or who constructs, deposits 

money with the City for the construction of, participates in an improvement district for the construction of, or who 

otherwise contributes funds for capital improvements, may be eligible for a credit for such dedication, construction 

or contribution against the growth mitigation fee otherwise due. 

(b) Any applicant subject to a growth mitigation fee imposed pursuant to this chapter, who is redeveloping a 

lot or parcel which has been improved and the existing structures have been used to house a residence or business 

duly licensed to operate in the City of Santa Maria within the fifty (50) years preceding the adoption date of this 

chapter, may be eligible for a credit against the fee otherwise due. 

8-15-3

(c) Eligibility for, and the amount of, the credit shall be determined by the City Engineer, based on adopted 

City standards and procedures including, but not limited to, whether the dedication, construction or contribution 

meets capital improvement needs for which the particular growth mitigation fee has been imposed, as provided in 

this chapter and the Capital Improvement Plan, applicable Master Plan, or the Growth Mitigation Fee Program dated 

April, 1993; whether the dedication, construction or contribution will substitute for or otherwise reduce the need for, 

or cost of, capital improvements anticipated to be provided with growth mitigation fee funds; the value of the 

dedication, construction or contribution; or in the case of redevelopment, a credit amount for an existing or 

previously existing use can be calculated as a part of a suitable mitigation study prepared by an appropriate design 

professional in conformance with guidelines established by and subject to review and approval by the City Engineer. 

Credit shall be based upon the value of the improvement as established in the growth mitigation capital 

improvement list. In no event, however, shall the credit exceed the amount of the otherwise applicable growth 

mitigation fee. 

(d) The City Council may consider granting credits or fee reductions for traffic fees only for industrial or 

commercial uses which cause little or no impact on traffic congestion. The City Council may also consider granting 

credits or fee reductions for residential uses which reduce vehicle trips by their design. 

(e) Nothing in this section shall be construed to authorize credits for the cost of improvements that benefit the 

development on a single parcel. (Ord. 93-10, eff. 09/04/93) 

Section 8-15.10. Refunds. 

If the City has growth mitigation fees which are uncommitted within five (5) years of collection, it shall make 

certain findings, on a yearly basis, to retain the fees or refund the fees. The findings shall identify the purpose to 

which the fee is to be put, and demonstrate a reasonable relationship between the fee and the purpose for which it 

was charged. If this finding cannot be made, the portion of uncommitted fees shall be refunded to the current record 

owner(s) of the development projects(s) on a pro rata basis, according to a refund plan approved by the City 

Council. If the administrative costs of refunding exceed the amount to be refunded, the fees may be used for another 

project serving the development that was charged the fee. (Ord. 93-10, eff. 09/04/93) 


(a) The applicant may appeal any decision of a City official to the City Council including, but not limited to, 

calculation of the amount of the growth mitigation fee, the number of development units, reimbursement due, 

applicability of an exemption, and eligibility for, and amount of, a credit or refund. 

(b) The City Council may consider an appeal to allow credits to commercial or industrial uses which provide 

economic benefits to the City, or to local non-profit agencies. 

(c) In order to perfect an appeal, the applicant must file a notice of appeal with the City Clerk within ten (10) 

days following the action of the City official that is the basis of the appeal. The notice of appeal shall include, at a 

minimum: 

(1) Name and address of applicant/agent; 

(2) Description, location and size of the affected property; 

(3) Land use proposed for the affected property; 

(4) Number of residential units proposed, by type and/or number of square feet of non-residential 

development by type; 

(5) The particular circumstances giving rise to the appeal; 

(6) The City official whose action is being appealed; 

(7) The grounds for the appeal, i.e. why the City official's decision is erroneous; 

(8) Such other relevant information as may be requested by the City. 

(d) If an appeal will have an adverse effect on the beneficiaries of a previously filed reimbursement map, the 

beneficiaries shall be notified of the appeal. 

(e) The burden of proof shall be on the appellant to establish that the decision of the City official is erroneous 

pursuant to the express terms or intent of this article and applicable State law including, but not limited to, 

Government Code Section 66000 et seq. 

(f) The City Council shall schedule the appeal to be heard at a regular or special meeting to be held not more 

than forty-five (45) days after the filing of the notice of appeal by the appellant. At least twenty (20) days prior to 

the hearing date, the City shall notify the appellant of the hearing date by certified mail, return receipt requested, at 

the address stated on the notice of appeal. 

8-15-4

(g) The hearing on the appeal shall be administrative. Evidence may be submitted by the appellant and by the 

City. Testimony shall be under oath. The City Council shall make written findings of fact and conclusions of law 

after the close of the hearing. However, if it is determined from the notice of appeal, or from relevant City 

documents, that the appeal is improper, the City, within twenty (20) days after receipt of the notice of appeal, shall 

reject the notice of appeal, stating the grounds therefor and notifying the appellant by certified mail, return receipt 

requested. 

(h) A request for a continuance of the hearing may be made by the City Council on its own motion or at the 

request of the appellant. If requested by the appellant, the City Council shall determine whether a continuance 

should be granted. 

(i) Within thirty (30) days after the close of the administrative hearing, the City Council shall render its 

decision, in writing, and notify the applicant of such decision by certified mail, return receipt requested, at the 

address listed on the notice of appeal. 

(j) The findings of fact and conclusions of law shall be completed no later than ten (10) days following the 

decision of the City Council and shall be filed with the City Clerk. Upon the request of the applicant, the findings of 

fact and conclusions of law shall be sent to the applicant. 

(k) Upon the filing of the findings of fact and conclusions of law with the City Clerk the decision of the City 

Council shall be deemed to be final. 

(l) Any petition for judicial review of the City Council's final decision shall be filed not later than the 90th day 

following the date on which the decision becomes final, and shall be made in accordance with Sections 1094.5 and 

1094.6 of the Code of Civil Procedure. 

(m) If the growth mitigation fee has been paid in full or if the notice of appeal is accompanied by a cash 

deposit, letter of credit, bond or other surety acceptable to the City Attorney, in an amount equal to the growth 

mitigation fee calculated to be due, the application for development project approval shall be processed. The filing 

of a notice of appeal shall not stay the imposition or the collection of the growth mitigation fee calculated by the 

City to be due unless sufficient and acceptable surety has been provided. 

(n) If, as a result of an appeal pursuant to this section, a growth mitigation fee is reduced or waived, the City 

Council may determine whether and how such reduction or waiver may affect the growth mitigation fee calculation 

methodology. If the City Council determines that capital improvement needs are correspondingly reduced, the City 

Council may amend the Capital Improvement Plan, the applicable Master Plan, the growth mitigation fee calculation 

methodology, the applicable growth mitigation fee, or take such other action as it may deem appropriate. (Ord. 93- 

10, eff. 09/04/93) 

Section 8-15.12. Growth mitigation fees as additional and supplemental requirements. 

Specific growth mitigation fees imposed by Chapter 15 reflect a development's proportionate share of the cost 

of providing improvements necessary to meet demands created by such development at established City service 

level standards. As such, growth mitigation fees are additional and supplemental to, and not in substitution of, either 

on-site improvement requirements or off-site improvement requirements imposed by the City pursuant to zoning, 

subdivision or other ordinances and regulations. (Ord. 93-10, eff. 09/04/93) 

(a) Exception: The intensification or enlargement of a commercial use per Section 12-32.07A shall not be 

subject to the City’s adopted Growth Mitigation Fee Program (except required water and sewer mitigation fees). 

The City Council finds and determines that the commercial intensification or enlargement allowed by Section 12- 

32.07A will not be significant and will not have an adverse impact on the Growth Mitigation Fee Program. (Ord. 

2001-21, eff. 12/19/01) 

Section 8-15.13. Conflicts. 

In the event of a conflict between the provisions of this ordinance and the provisions of any other ordinance or 

resolution establishing or amending development fees, the provisions of this ordinance shall govern. (Ord. 93-10, 

eff. 09/04/93) 

Section 8-15.14. Severability. 

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be 

invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect 

the validity of the remaining portions of this ordinance. The City Council declares that each section, subsection, 

sentence, clause, phrase or portion thereof would have been adopted regardless of the fact that any one or more 

sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (Ord. 

93-10, eff. 09/04/93) 

8-15-5

Section 8-15.15. Repeal of existing fees. 

The following fees in the Schedule of Fees and Charges of the Santa Maria Municipal Code are hereby 

repealed: Broadway and Roemer Way Traffic Signal Improvement Area, Carlotti Drive/Donovan Road Circulation 

Improvement Area, Casa del Cielo Development Transportation Improvement Fee, Miller Street Corridor Area 

Transportation Improvement Fee, and Skyway Drive and McCoy Lane Traffic Signal Improvement Area. (Ord. 93- 

10, eff. 09/04/93) 

Section 8-15.16. City Hall Mitigation Fee. 

The growth mitigation fees established pursuant to Chapter 15 of Title 8 of the City’s Municipal Code shall be 

comprised of a City Hall mitigation fee. 

(a) The base amounts for the calculation of the City Hall mitigation fee are outlined in the study on file in the 

City Clerk's office. 

(b) The formula for calculation of the City Hall mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total City Hall mitigation fee. 

(2) Value of the fee from paragraph (a) x area in square feet = total City Hall mitigation fee. (Ord. 93-12, 

eff. 09/04/93) 

Section 8-15.17. Corporation Yard mitigation fee. 


comprised of a Corporation Yard mitigation fee. 

(a) The base amounts for the calculation of the Corporation Yard mitigation fee are outlined in the study on 

file in the City Clerk's office. 

(b) The formula for calculation of the Corporation Yard mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total Corporation Yard mitigation 

fee. 

(2) Value of the fee from paragraph (a) x area in square feet = total Corporation Yard mitigation fee. 

(Ord. 93-13, eff. 09/04/93) 

Section 8-15.18. Traffic mitigation fee. 


comprised of a traffic mitigation fee. 

(a) The base amounts for the calculation of the traffic mitigation fee are outlined in the study on file in the City 

Clerk's office. 

(b) The formula for calculation of the traffic mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total Traffic mitigation fee. 

(2) Value of the fee from paragraph (a) x area in square feet = total Traffic mitigation fee. 

(3) Value of the fee from paragraph (a) x number of beds = total Traffic mitigation fee. 

(4) Value of the fee from paragraph (a) x number of guest rooms = total Traffic mitigation fee. 

(c) "Heavy Industrial" means general heavy industrial facilities, mini-warehouses, and agricultural-related 

industrial uses. This definition is in contrast to that in the zoning ordinance, and is for the purpose of traffic fee 

calculation. 

(d) "Light Industrial" means general light industrial facilities, industrial parks, warehouses, and manufacturing 

plants. this definition is in contrast to that in the zoning ordinance, and is for the purpose of traffic fee calculation. 

(e) The City Council may consider granting credits or fee reductions for traffic fees only for industrial or 

commercial uses which cause little or no impact on traffic congestion. The City Council may also consider granting 

credits or fee reductions for residential uses which reduce vehicle trips by their design. 

(f) Credit shall not be granted for improvements directly related to the property. Specifically, development of 

roadway adjacent to the developed site, from the property line to the first twelve (12) feet of paving shall not be 

eligible for credit. 

(g) The developer shall have the option to perform an independent traffic study. This separate study shall be 

performed under the auspices and control of the City Engineer. The developer shall pay for the study and all related 

costs. The developer shall have the option of paying the traffic fee as generated by the City’s study or as generated 

by the separate study. (Ord. 93-11, eff. 09/04/93) 

8-15-6

Section 8-15.19. Water mitigation fee. 


comprised of a water mitigation fee. 

(a) The base amounts for the calculation of the water mitigation fee are outlined in the study on file in the City 


(b) The formula for calculation of the water mitigation fee shall be as follows: 

(1) Size of meter x fee per meter = total water mitigation fee. 

(2) Annexation areas have development fees, in addition to connection fees, for water infrastructure that 

provides direct benefit to the annexation areas only. These areas and their fees are outlined in the study on file in the 

City Clerk's office. The annexation areas shall be charged the development fees as outlined in the study on file in 

the City Clerk's office in a manner set by the City Council. All other provisions of Chapter 15 shall apply, including 

the sections on reimbursements and credits. (Ord. 93-17, eff. 09/04/93) 

Section 8-15.20. Wastewater mitigation fee. 


comprised of a wastewater mitigation fee. 

(a) The base amounts for the calculation of the wastewater mitigation fee are outlined in the study on file in the 


(b) The formula for calculation of the wastewater mitigation fee shall be as follows: 

(1) Size of meter x fee per meter = total wastewater mitigation fee. (Ord. 93-18, eff. 09/04/93) 

Section 8-15.21. Recreation and Parks mitigation fee. 


comprised of a recreation and parks mitigation fee. 

(a) The base amounts for the calculation of the recreation and parks mitigation fee are outlined in the study on 


(b) The formula for calculation of the recreation and parks mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total recreation and parks mitigation 

fee. 

(2) Value of the fee from paragraph (a) x area in square fee = total recreation and parks mitigation fee. 

(c) Credit for AB 1600 Recreation and Parks Mitigation Fee shall be set by the "AB 1600 Recreation and Parks 

Mitigation Fee Credit Policy" as approved by the Recreation and Parks Commission. (Ord. 93-14, eff. 09/04/93; 

Ord. 97-10, eff. 10/16/97) 

Section 8-15.22. Police Department mitigation fee. 


comprised of a Police Department mitigation fee. 

(a) The base amounts for the calculation of the Police Department mitigation fee are outlined in the study on 


(b) The formula for calculation of the Police Department mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total Police Department mitigation 

fee. 

(2) Value of the fee from paragraph (a) x area in square feet = total Police Department mitigation fee. 

(Ord. 93-15, eff. 09/04/93) 

Section 8-15.23. Fire mitigation fee. 


comprised of a fire mitigation fee. 

(a) The base amounts for the calculation of the fire mitigation fee are outlined in the study on file in the City 


(b) The formula for calculation of the fire mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total fire mitigation fee. 

(2) Value of the fee from paragraph (a) x area in square feet = total fire mitigation fee. (Ord. 93-16, eff. 

09/04/93) 

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Section 8-15.24. Library mitigation fee. 


comprised of a library mitigation fee. 

(a) The base amounts for the calculation of the library mitigation fee are outlined in the study on file in the 


(b) The formula for calculation of the library mitigation fee shall be as follows: 

(1) Value of the fee from paragraph (a) x number of dwelling units = total library mitigation fee. 

(2) Value of the fee from paragraph (a) x area in square feet = total library mitigation fee. (Ord. 93-19, eff. 

09/04/93) 

Section 8-15.25. Exemptions. 

An exemption from growth mitigation fees imposed by Section 8-15.06 shall be provided as follows: 

(a) No new growth mitigation fees except new AB 1600 water and wastewater fees shall be charged for a 

project if the project is within any subdivision which has a tentative map approved or parcel map recorded within 

seven (7) years prior to the growth mitigation fee becoming due and payable. 

(b) Discretionary permits, including but not limited to, conditional use permits, planned development permits, 

and project review permits, which have not expired prior to September 7, 1993, and which do not contain a 

provision for the payment of traffic mitigation fees shall be exempt, except for new AB 1600 water and wastewater 

fees. Discretionary permits which have been previously conditioned to pay a traffic mitigation fee shall pay the fee. 

A request for a time extension for discretionary permits shall be denied if the permit has not been previously 

conditioned with a traffic mitigation fee. 

(c) Existing subdivisions for which improvements have been constructed which are of a regional nature shall 

have the value of those improvements credited against their growth mitigation fees. This provision applies to 

subdivisions until September 7, 1998. (Ord. 93-27, eff. 09/02/93; Ord. 95-18, eff. 04/07/95) 

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PUBLIC PROJECTS 

Section 8-16.01. Public Projects. 

Expenditures for public projects, as defined by Public Contract Code Section 22030 (hereinafter “Act”) and in 

accordance with the limits listed in Section 22032 of the Act, may be let in accordance with Sections 22000 et seq. 

of the Public Contract Code. (Ord. 2007-03, eff. 4/19/07) 

Section 8-16.02. Informal bid procedures. 

(a) Informal bidding. Public projects as defined by the Act and in accordance with the limits as set forth from 

time to time by the State Controller pursuant to Public Contract Code §22032 or successor section, may be let to 

contract using the informal procedures specified in Section 22032 and following. 

(b) Contractors list. A list of contractors shall be developed and maintained in accordance with the provisions 

of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform 

Construction Cost Accounting Commission (hereinafter “Commission”). 

(c) Notice inviting informal bids. Where a public project is to be performed which is subject to the provisions 

of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as 

shown on the list developed in accordance with subsection (b), and to all construction trade journals as specified by 

the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public 

Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the 

department/agency soliciting bids; provided, however: 

(1) If there is no list of qualified contractors maintained by the City for the particular category of work to 

be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the 

Commission. 

(2) If the product or service is proprietary in nature such that it can be obtained only from a certain 

contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. 

(d) Award of contracts. The City Purchasing Authority and the Director of Public Works are each authorized 

to award informal contracts pursuant to this section. (Ord. 2007-03, eff. 4/19/07; Ord. 93-34, eff. 1/20/94; Ord. 

2002-05, eff. 7/18/02) 

Section 8-16.03. Wages; Public Works Projects. 

(a) In every contract for the performance of labor on public works projects, eight (8) hours shall constitute a 

day’s work, and the contractor and all subcontractors under him shall pay their employees for the work, a salary or 

wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, under 

similar employment in the City. 

(b) The City may, consistent with law and as a municipal affair, award contracts for tenant improvements to a 

City facility or budgeted maintenance of public works to the lowest responsible bidder without following 

requirements of state law applicable to general law cities and otherwise applicable to chartered cities; provided, 

however, that the City shall comply with the provisions of Section 1782 of the California Labor Code and 

amendments to that section. (Ord. 2014-02, eff. 4/17/14; Ord. 2013-02, eff. 4/4/13; Ord. 2007-03, eff. 4/19/07; Ord. 

2000-09, eff. 7/18/00; Ord. 2004-01, eff. 2/20/04) 

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RULES OF CONDUCT AND EXCLUSION PROCESS AT THE CITY OF SANTA 

MARIA PUBLIC LIBRARY 

Section 8-17.01. Loud Electronic Devices Prohibited. 

Loud or unreasonable noises or other disturbances are prohibited, including but not limited to, noises caused by 

loud or disruptive voices or behavior, electronic devices, or phones. Cell phones are to be used in designated areas 

only. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.02. No Harassment of Library Users or Staff. 

Harassing of library users or staff is prohibited. “Harassing” includes, but is not limited to, verbal and nonverbal 

expression such as staring at, or following library users or staff. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, 

eff. 10/1/09) 

Section 8-17.03. Proper Hygiene Required. 

Users of the library must observe proper hygiene by not offending others with unreasonable odor, including 

bodily or personal property. Library users must also wear shoes and shirts while in the library. (Ord. 2008-30, eff. 

1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.04. Proper Supervision of Children Required. 

Children should be supervised in the library by parents or guardians. Proper supervision of children in the 

library by parents or guardians includes, but is not limited to, accompanying children less than thirteen (13) years 

old to, in and from the library at all times. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09; Ord. 2014-02, 

eff. 4/17/14) 

Section 8-17.05. Adherence to Safety Standards Required. 

Library uses must adhere to all safety standards in the library, for example not impeding movement by others in 

the library or creating a safety hazard by the inappropriate placement of personal belongings. (Ord. 2008-30, eff. 

1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.06. No Photography or Videotaping Without Express Consent. 

Taking photographs of any type or videotaping in the library is prohibited except with the express consent of the 

City Librarian or his/her deputies. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.07. Persons Engaged in Constitutionally Protected Speech – Restrictions. 

Persons engaged in constitutionally protected speech, such as requesting signatures for petitions and other 

expressive activities, are not permitted to harass library patrons or block access to the library. (Ord. 2008-30, eff. 

1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.08. No Soliciting of Selling of Items Allowed. 

Unless otherwise authorized by the City Librarian, soliciting or selling items inside the library or in the area 

immediately outside and around the library is prohibited. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.09. Food and Drink in Library Prohibited. 

No eating or drinking is allowed in the library, except in designated areas. (Ord. 2008-30, eff. 1/15/09; Ord. 

2009-18, eff. 10/1/09) 

Section 8-17.10. Restrictions on Use of Restrooms. 

Unreasonable use of restrooms, including laundering and bathing, is prohibited. (Ord. 2008-30, eff. 1/15/09; 

Ord. 2009-18, eff. 10/1/09) 

Section 8-17.11. Sleeping or Loitering Prohibited. 

Sleeping or loitering in the library, including lying on the floor or furniture is prohibited. (Ord. 2008-30, eff. 

1/15/09; Ord. 2009-18, eff. 10/1/09) 

8-17-1

Section 8-17.12. Animals Prohibited in Library – Exception for Disabled Persons. 

No person shall bring an animal into the library, except a disabled person is permitted to bring an animal trained 

to assist the disabled person into the library. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.13. Adherence to Library Policy Regarding Use of Public Computers Required. 

All library users who use public computers shall adhere to the Library Policy for Patron Use of Public 

Computers. This policy is posted in the library and is available from library staff upon request. (Ord. 2008-30, eff. 

1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.14. Penalty for Violation of Rules of Conduct. 

Any person violating any provision of this Chapter, except for Section 8-17.17, is guilty of an infraction and 

upon conviction thereof is punishable in accordance with Chapter 1-6. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, 

eff. 10/1/09) 

Section 8-17.15. Exclusion Process. 

In addition or as an alternative to a criminal or administrative citation for a violation of this Chapter, a library 

user is subject to the Exclusion Process. 

(a) General Provision. A library customer is subject to exclusion from the library or may otherwise have his or 

her library privileges restricted or suspended if he or she (or a person under his or her control or direction) violates 

any of the provisions of this Chapter within ninety (90) days after he or she was given a verbal warning for a 

violation of the rules of conduct and a subsequent written warning notice of a violation of the rules of conduct. 

Serious violations of the rules of conduct may result in the issuance of a written warning notice without a verbal 

warning. 

(b) Persons Authorized to Issue Warning or Exclusion Notices. The City Library shall designate those library 

staff employees who are authorized to issue warning and exclusion notices. 

(c) Issuance of Warning or Exclusion Notices. 

(1) Warning Notice. After the issuance of a verbal warning to a library user for a violation of the rules of 

conduct set forth in this Chapter or immediately upon the occurrence of a serious violation, a City Librarian 

designated employee may issue a written warning notice for a violation. The warning notice shall specify that the 

recipient must leave the library for the remainder of the day, and that in the event a second violation of the rules of 

conduct occurs within ninety (90) days of issuance of the warning notice, that person shall be subject to exclusion 

from the library or the loss of some or all of his or her library privileges as the City Librarian designated employee 

may determine to be appropriate. The warning or exclusion notice shall also contain information concerning the 

right to appeal to the City Librarian. The person to whom the warning notice is issued shall sign a written 

acknowledgment of its receipt. If the recipient refuses to sign, the person issuing the warning notice shall make a 

written record of the refusal. 

(2) Exclusion Notice. If a library user has received a warning notice and again violates a rule of conduct 

within ninety (90) days of the date of issuance of the warning notice, a City Librarian designated employee may 

issue a written exclusion notice excluding the person from the library or losing some or all of his or her library 

privileges as the City Librarian designated employee may determine to be appropriate. If the person is excluded 

from the library, the exclusion shall be for a period of no less than one month and no more than twelve months. The 

exclusion notice shall specify the person that is to be excluded from the library, the period of the exclusion, the time 

the exclusion is to commence, any library privileges being lost and the specified period of loss, and information 

concerning the right to appeal the exclusion notice to the City Librarian. The person to whom the exclusion notice is 

issued shall sign a written acknowledgment of its receipt and allow his or her photograph to be taken. If the recipient 

refuses to sign, or allow his or her photograph to be taken, the person issuing the exclusion notice shall make a 

written record of the refusal. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 10/1/09) 

Section 8-17.16. Right of Appeal of Warning or Exclusion Notice. 

(a) The individual to whom a warning or exclusion notice is issued shall have the right to an appeal from the 

issuance of the notice. 

(b) A notice of appeal of a warning notice or an exclusion notice must be filed, in writing, with the City 

Librarian within five (5) calendar days of the issuance of the warning or exclusion notice. The notice of appeal shall 

state the following: 

(l) The appellant’s name; 

(2) The appellant’s address and a telephone number where he or she can be reached; 

8-17-2

(3) A concise statement as to why the appellant believes that the issuance of the warning notice or the 

exclusion notice was invalid or unjustified; and 

(4) A copy of the warning notice or exclusion notice shall be attached. 

(c) A hearing on the appeal shall be held no more than fifteen (15) calendar days after the filing of the appeal, 

except the City Librarian may postpone the hearing date at the request of the appellant or library staff for good 

cause. The appellant shall be provided notice of the hearing date, time, and location at least five (5) calendar days 

prior to the hearing date. The hearing shall afford a reasonable opportunity for the appellant to be present and 

present evidence that the warning notice or exclusion notice is invalid or unjustified. The appellant shall have the 

right to cross-examine library staff witness(es). The decision of the City Librarian shall be final and in writing. 

(d) At the hearing, library staff shall have the burden to show by a preponderance of evidence that the warning 

notice or exclusion notice was based on and justified by a violation of the rules of conduct described in this Chapter. 

(e) Copies of all library staff documents to be used by the library staff at the hearing shall be made available to 

the appellant at least five (5) calendar days prior to the hearing. (Ord. 2008-30, eff. 1/15/09; Ord. 2009-18, eff. 

10/1/09) 

Section 8-17.17. Punishment for Violation of an Exclusion Notice. 

Any person who violates a provision of an exclusion notice to stay away from the library by physically entering 

the City Library during the exclusion period is guilty of a misdemeanor. (Ord. 2008-30, eff. 1/15/09; Ord. 2009- 

18, eff. 10/1/09) 

8-17-3

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