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 Fresno
 Code of Ordinances
 Chapter 6. MUNICIPAL SERVICES AND UTILITIES
 Article 5. WATER REGULATIONS

  § 6-508. REFUNDS AND REIMBURSEMENTS.  

Latest version.

  • (a)

    Repealed.

    (b)

    Repealed.

    (c)

    Water Mains.

    (1)

    This subsection shall be applicable to water mains installed after July 1, 1975, except when constructed by special assessments.

    (2)

    Any person installing a water main shall, prior to construction of the main, file with the Director a legal description of the properties on behalf of which contributions have been made to the cost of the construction, and a statement of the proportions of the cost borne by each property, and within ninety days following city acceptance of the main shall file with the Director a project accounting stating the cost (excluding any city reimbursement) of the construction of the main. In the event a project accounting has not been filed with the Director within such period, then reimbursement under subsection (c)(3), below, shall not be made in the event additional property is connected to the main constructed. If an ownership statement is not filed prior to construction, only the property served by the main, owned by the person who installed the main on the date of commencement of installation will be deemed to have paid for the installation; provided, that if within seven years after the date of commencement of installation such person acquires in fee property served by the main which would otherwise be subject to payment of frontage charges, such person shall also be deemed to have paid the frontage charges for such property.

    (3)

    During the initial reimbursement period or, if applicable the extended reimbursement period, as such terms are defined in Section 12-4.501.5 of this Code, following city acceptance of a water main referred to in subsection (c)(1) above, the person or persons bearing the cost of such water main construction may be reimbursed pursuant to this subsection (c). The frontage charges collected by the city pursuant to this article for connection to such water main shall be paid by the city proportionately to the owner or owners of property on behalf of which contributions were made to the cost of construction of such water main. However, neither shall the total reimbursement exceed the sum of (1) one hundred per cent of the cost of constructing water mains which do not front on any contributing property, and (2) fifty per cent of the cost of constructing water mains fronting on properties on behalf of which such contributions were made; nor shall the total reimbursement exceed the total amount of the frontage charges which would have been payable by property on behalf of which no contribution was made to the cost of installation as of the date of city acceptance of the main. Such reimbursements shall be paid from the applicable water connection charge fund.

    (4)

    If the total amount of the frontage charges (based on fees in effect on the date of city acceptance of the main) which would be collectible from property on behalf of which no contribution has been made to the cost of installation is less than one thousand dollars, the Director may elect to proportionately reimburse from the applicable water connection charge fund, after city acceptance of the main, to the person or persons contributing to the cost of constructing the main said frontage charges which would be collectible from noncontributing property. If the Director elects to reimburse in that manner, such person or persons will neither be eligible for the exemption provided in subsection (c)(2) above nor for further refunds provided in subsection (c)(3) above.

    (5)

    For purposes of reimbursements, where a property has more than one frontage, the actual front footage charge paid shall be apportioned between the frontages on which the calculation of charges was based, in the ratio of the total length of each frontage.

    (d)

    Repealed.

    (e)

    Repealed.

(Added Ord. 75-47, § 4, eff. 7-3-75; Am. Ord. 75-73, § 1, eff. 7-3-75; Am. Ord. 76-9, § 2, eff. 2-22-76; Am. Ord. 78-108, §§ 3, 4, eff. 7-28-78; Am. Ord. 80-115, §§ 144—146, eff. 8-8-80; Am. Ord. 83-163, §§ 8—10, eff. 1-20-84; Am. Ord. 85-38, § 5, eff. 4-12-85; Am. Ord. 86-155, § 1, eff. 10-24-86; Am. Ord. 89-85, §§ 9, 10, eff. 7-28-89; Am. Ord. 2003-96, § 3, eff. 12-4-03; Am. Ord. 2017-19, § 8, eff. 6-18-17).