ARTICLE V
DISTRICT FEES
Section 501 – Account Activation
Account activation shall begin prior to making application for a building, tenant improvement, or change of use permit with Yavapai County. Late fees will apply to accounts with outstanding balances at the time the permit is applied for with Yavapai County.
Section 502 - Capacity Fees
Definition of Capacity Fee
A Capacity fee is based on the cost of developing the wastewater collection, treatment and disposal facilities that are required to treat the flows and strengths into the system from a particular wastewater connection. The District shall collect a capacity fee from property owners requesting sewer capacity in the District’s wastewater system. Additional capacity fees shall be collected if the property has or makes a change of use, expansion, or tenant improvement that require additional capacity as determined by the District, in accordance with the District Ordinance. Additional capacity requests will not be considered on properties with delinquent fees.
The capacity fee is based on a calculation pursuant to the District Ordinance for the specific requested use.
The revenue collected from capacity fees may be used for the District’s capital expenditures necessary to provide proper capacity, capital wastewater system projects, payment of original construction costs, and capital equipment purchases.
Capacity fees are charged to each account upon activation or change of use. Late fees will apply to accounts with outstanding balances at the time the permit is applied for with Yavapai County.
The capacity fees are the responsibility of the property owner and the right to sewer capacity runs with the land and is limited to the approved and paid for capacity.
Formula for Calculation of Capacity Fee
For use in design and monitoring plant capacity, a per fixture use will apply as listed in Article X. All User Classes that apply to one account will be combined for calculation of fees.
No. of fixtures x rate per fixture = Total Capacity
Total Capacity x Capacity Fee Rate = Capacity Fee
Capacity Fee Rate
The capacity fee rate is established at a rate per fixture, as set forth in the most current Resolution.
Section 503 - Permit Fees (also known as Hookup Fees)
Permit/Hookup Fee Definition
Permit Fees/Hookup Fees are for connection to the District Wastewater system, not including the cost of the actual physical connection. This fee is to cover the District’s administrative and operational costs involved to process the application and inspection.
Prior to making application for a building, tenant improvement, or change of use permit with Yavapai County or connection, the property owner shall submit an Application for Sewer Service along with all applicable District fees. Late fees will apply to accounts with outstanding balances at the time the permit is applied for with Yavapai County.
All District fees and penalties shall be paid in full to the District prior to an application approval.
Permit/Hookup Fee Rate
Hookup fees are established at a rate per Application for Sewer Service, as set forth in the most current Resolution.
Section 504 - User Fees
User Fee Definition
User Fees are proportionate shares of the cost of operation, maintenance, and replacement of a wastewater treatment and disposal system, including a system for the treatment and use of effluent, and may include the cost of administrators, surveyors, sanitation experts, engineers, legal counsel and other persons as are reasonably necessary for the operation, maintenance and replacement of the systems. These costs shall be allocated among all properties connected to the wastewater system, whether or not they are discharging sewerage into the system. Billing may begin when the connection is made to the system, and the minimum user fee will apply until usage begins. User fees for sewer use are based on actual water flow as recorded by the American Ranch Domestic Water Improvement District. All user fees will be billed to, and are the sole responsibility of the property owner.
Minimum User Fee:
User fees for connected properties, but whose usage falls below the minimum cost per account for the District’s operation and maintenance expenses, shall be charged the Minimum Charge per account per month. Minimum user fees are based on a monthly rate, prorated to begin on the first day of the account activation/transfer.
Monthly Billing Cycle and Interest
User Fee charges are billed monthly and will be billed on or before the 25th day of each month and due in 10 days. Such charges will be delinquent if not paid within 15 days of such said due date. Delinquent service charges shall bear an interest charge of 10% per annum and a late fee penalty. Any and all unpaid service charges, fees and penalties may be collected by court action, together with all costs of action, District expenses and attorney's fees.
Formula for Calculation of User Fees
The user fees are based on the actual flow of water as recorded by the American Ranch Domestic Water Improvement District and reported to the District. All User Classes that apply to one account will be combined for calculation of fees.
Amount of usage recorded on water meter x rate per gallon(s) = monthly user fee + minimum charge
User Fees Rates
District fee rates are established at a rate as set forth in the most current Resolution.
Section 505 – Availability Fee
Availability Fee Definition
An availability fee is a charge levied against all property in the district which is not connected to the sewer system but which lies adjacent to a sewer line for the benefit to that particular parcel of property of having the sewer line and capacity in the treatment works and effluent disposal facilities to accommodate the development of the property.
Availability fees are billed annually, in advance, on the date set forth in the most current Resolution. Availability fees are based on a monthly rate, prorated to begin on the first day of the account activation/transfer and are due within 10 days. Late fees will apply to delinquent accounts. Upon connection to the District’s wastewater system, a prorated credit may be applied to the new connected account or refunded to the payee.
All availability fees will be billed to, and are the sole responsibility of the property owner.
Availability Fee Rates
The availability fee rate is established at a rate as set forth in the most current Resolution.
Section 506 – Activation/Transfer Fee
An activation/transfer fee will be charged to each account upon activation, transfer of ownership or changes in the account name. All fees and service charges shall be billed to, and the sole responsibility of, the property owner.
Activation/Transfer Fee Rate
The activation/transfer fee rate is established at a rate as set forth in the most current Resolution.
Section 507 – Late Fees, Delinquencies, Liens, and Interest
A late fee may be charged if the payment of any fee prescribed by this article is delinquent for more than fifteen (15) days. The late fee rate is established at a rate as set forth in the most current Resolution.
For accounts with fees delinquent in excess of ninety (90) days the District may proceed with collections pursuant to the applicable Arizona Revised Statutes as follows:
The District may file a lien on property for the nonpayment of user fees for services provided to the property if the fees are delinquent for more than ninety (90) days. At least thirty (30) days before filing the lien, the District shall provide written notice to the owner of the property and shall include a notice of an opportunity for a hearing before the Board of Directors or their designated officer. The notice of lien shall be personally served on the property owner or mailed by certified mail to the property owner’s last known address or to the address to which the most recent property tax assessment was mailed. If the property owner does not reside on the property, the notice shall be mailed by certified mail to the owner’s last known address.
The unpaid user fees are a lien on the property from the date of recording in the office of the County Recorder in the County in which the property is located until the fees and all costs are paid.
A sale of the property to satisfy a lien assessed pursuant to this section shall be made on a judgment of foreclosure and order of sale. The District may bring an action to foreclose the lien in the Superior Court in the County in which the property is located any time after recording. Failure to foreclose the lien does not affect its validity. The recorded unpaid user fees are prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.
Unpaid user fees pursuant to this article accrue interest at the rate of 10% per annum.
The District shall add all costs incurred by the District including interest, attorney fees and costs in filing and enforcing the lien, to the unpaid user fees, and the costs are a liability of the property owner payable from the proceeds of the sale.
Prior assessment of unpaid user fees pursuant to this section does not bar a subsequent assessment pursuant to this section, and any number of liens on the same parcel of property may be enforced in the same action.
Additional capacity requests will not be considered on properties with delinquent user, hookup or capacity fees.
Section 508 - Return Check Charge
The District may charge a $25.00 return check charge for all checks returned for Insufficient Funds.
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