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HomeMy WebLinkAbout24553 RESOLUTION NO. 24553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2 OF RESOLUTION NO. 11123, TO ALLOW FOR SUSPENSION OF SEWER SERVICE CHARGES FOR CERTAIN PROPERTIES RENDERED UNINHABITABLE. WHEREAS, sewer service charge rates are established by resolution of the City Council pursuant to Section 15.24.020 of the Palm Springs Municipal Code; and WHEREAS, on June 26, 1974, the City Council adopted Resolution No. 11123 establishing sewer service charge billing policies and procedures; and WHEREAS, Section 2 of Resolution No. 11123 states: "All properties connected to the City sewer system shall be charged said sewer service charge irrespective of whether such properties are occupied'; and WHEREAS, there are, from time to time, certain properties that are rendered uninhabitable due to flood, fire, or other conditions, and do not utilize the existing sewer service during such time as the property is under reconstruction for required repairs; and WHEREAS, it is necessary to amend Section 2 of Resolution No. 11123 to allow for the suspension of sewer service charges on properties rendered uninhabitable due to flood, fire, or other conditions, where in the opinion of the Building Official the property will be required to perform significant repairs whereby the property will not be utilizing sewer service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are found to be true and correct and constitute the findings of the City Council made in support of this resolution. SECTION 2. Section 2 of Resolution No. 11123 is hereby amended in its entirety to read: a. All properties connected to the City sewer system shall be charged said sewer service charge irrespective of whether such properties are occupied or vacant, except as specified in Section 2(b). b. Properties that have been damaged due to flood, fire, or other conditions, where in the opinion of the Building Official the property will be required to perform significant repairs whereby the property will not be utilizing sewer service, are hereby exempt from paying sewer service charges during the period of time such property has Resolution No. 24553 Page 2 submitted an application for a building permit to repair the property and completion of such repairs. In these cases, the Building Official shall establish the period of time for suspension of sewer service charges, and any such charges shall be refunded if previously paid. The City Manager shall review and approve any such suspension of sewer service charges. c. The cumulative total exemption of sewer service charges approved by the City Manager pursuant to Section 2(b) shall not exceed $25,000 in any fiscal year. d. Properties that are damaged due to fire, flood, or other conditions, but remain occupied during the period of time when repairs are completed, shall be required to continue paying sewer service charges in accordance with Section 2(a). SECTION 3. The City Manager is hereby authorized to refund sewer service charges paid prior to the date this Resolution is adopted which would have otherwise been suspended pursuant to the exemption created by this Resolution, in an amount not to exceed $25,000, with requests not originating prior to January 1, 2018. ADOPTED THIS 23RD DAY OF JANUARY 2019. f David H. Ready, Es ., D. City Manager ATTEST: dony J.)kia,-� City Clerk Resolution No. 24553 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24553 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 23rd day of January, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, and Mayor Moon NOES: None ABSENT: Mayor Pro Tern Kors ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1bil, day of thony J. eji , City Clerk