[§ 1, Ord. 1118-13, eff. July 4, 2013]
(a)
Purpose. The purpose of this article is to protect the public health,
safety and welfare by establishing regulations for the inspection,
maintenance, repair, rehabilitation and replacement of private sewer
laterals by property owners within the City.
(b)
Findings. When not properly inspected, maintained, repaired or replaced
by property owners, private sewer laterals may become blocked and
result in overflows of sewage from the private sewer laterals. Such
sewage overflows negatively impact the public health, safety and welfare
of both the property owner and the public by exposing them to untreated
sewage. Such sewage overflows could also result in illicit discharges
of sewage from private property to the public storm drains or waters
of the United States or the State. Further, private sewer laterals
that are not properly inspected, maintained, repaired or replaced
by property owners can interfere with the operation of the public
sewer system. Interference with the operation of the public sewer
system may, in turn, cause sewage overflows from the public sewer
system. Moreover, private sewer laterals that are not properly inspected,
maintained, repaired or replaced by property owners may contain defects
that result in the leakage of sewage from the private lateral to the
ground water and ultimately to Avalon Beach. Therefore, the establishment
of regulations for private sewer laterals is necessary to protect
the public health, safety and welfare by both preventing overflows
from the private laterals, interference with the operation of the
public sewer system and leakage of sewage from private sewer laterals
to groundwater and ultimately to Avalon Beach.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
As used in this article, the following terms shall have the
following meanings:
Shall mean all types of nongovernmental commercial uses,
including hospitals, hotels, motels and rooming houses, operated within
the City, including such uses located on property which is zoned "C"
(commercial), "SC" (special commercial), "R/R" (resort/recreation)
on the City's official Zoning Map, as it may be amended from time
to time.
Shall mean a development characterized by individual ownership
of a unit or parcel coupled with the shared ownership or right to
use common areas and facilities, including, but not limited to, condominium
projects, community apartment projects, stock cooperatives and planned
developments.
Shall mean a plumbing contractor with a valid C36 contractor's
license.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
(a)
Property Owner's Obligation. Each property owner shall, at the property
owner's expense, inspect, maintain in good working order, repair,
rehabilitate and replace, as necessary, the private sewer lateral
so that it does not cause or contribute to any sewage leakage or overflow
from either the private sewer lateral or the public sewer. The private
sewer lateral shall be free of displaced joints, open joints, root
intrusion, substantial deterioration of the line, cracks, leaks, inflow,
infiltration of extraneous water, fats, oils and grease, sediment
deposits or any other similar conditions, defects or obstructions
likely to cause or contribute to blockage of the private sewer lateral
or the public sewer.
(b)
Private Sewer Laterals Not Part of Public Sewer System. The private
sewer laterals are the property of the property owner and are not
part of the public sewer. Nothing in this article shall be interpreted
as changing the private nature of the private sewer laterals or incorporating
them into the public sewer.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
(a)
Authorization to Issue Notice. The City may issue a written notice
that an inspection is required whenever it determines from its operation,
maintenance or inspection of the public sewer, or through any other
means, that a private sewer lateral is defective or otherwise in a
condition that might cause leakage from or blockage in the private
sewer lateral or the public sewer. Conditions that render the private
sewer lateral defective or in a condition that might cause a blockage
include, but are not limited to, displaced joints, open joints, root
intrusion, substantial deterioration of the line, cracks, leaks, inflow,
infiltration of extraneous water, fats, oils and grease, sediment
deposits or any other similar conditions, defects or obstructions
likely to cause or contribute to blockage of the private sewer lateral
or the public sewer. The City's written notice shall set forth a reasonable
time in which the inspection must occur and shall require the property
owner to submit an inspection report meeting the requirements of this
article to the City within a reasonable time, to be specified in the
City's written notice, after completion of the inspection.
(b)
Inspection and Report Upon Notice from City. A property owner shall
cause the private sewer lateral to be inspected by a licensed plumber
upon receipt of written notice from the City that an inspection is
required. Such inspection must occur within the time established by
the written notice for the inspection.
(c)
Inspection and Report Upon Sale of Property. A property owner shall
have the private sewer lateral inspected by a licensed plumber prior
to and as a condition precedent to any sale of the property. An inspection
report meeting the requirements of this article shall be prepared
and submitted to the buyer, with a copy to the City, prior to any
sale of the property.
(d)
Inspection and Report for Common Interest Developments and Commercial
Properties. In addition to the requirements of this section, the property
owner or property owners of any common interest development or commercial
property shall have the private sewer lateral inspected in accordance
with the requirements of this article once every 10 years beginning
January 1st of the year following the adoption of this article. (Article
3 was adopted June 4, 2013 by Ord. No. 1118-13) A copy of the inspection
report shall be provided to the City within 30 days of the property
owner's receipt of the report.
(e)
Inspection and Report for Significant Construction, Remodeling, or
Change in Use. Whenever a property owner undertakes any of the following
activities, the property owner shall cause a licensed plumber to inspect
the private sewer lateral:
(1)
Applies for any permit or other approval needed for construction,
remodeling, modification or alteration of any structure with a private
sewer lateral within the City;
(2)
Engages in any activities on the property that require an application
for a permit to be made;
(3)
Undertakes significant remodeling (remodel costs exceed $75,000;
or
(4)
Undertakes a remodel to add a bathroom or major plumbing.
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An inspection report meeting the requirements of this article
shall be prepared and submitted to the City, prior to the issuance
of any permit or other approval needed for construction, remodeling,
modification or alteration.
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(f)
Inspection and Inspection Report Standards. All inspections and inspection
reports required by this article shall be completed in accordance
with the following requirements:
(1)
The inspection and inspection report shall be completed by a
licensed plumber.
(2)
The inspection shall include, at a minimum, a video inspection
of the private sewer lateral.
(3)
The inspection and inspection report shall identify all of the
following:
a.
Displaced joints, open joints, root intrusion, substantial deterioration
of the line, cracks, leaks, inflow or infiltration of extraneous water,
sediment deposits or other conditions likely to cause or contribute
to blockage of the private lateral or the public sewer.
b.
Any connection by pipe or otherwise, that allows rainwater or
groundwater to enter the private lateral or public sewer.
c.
Any backwater device installed in the private sewer lateral
and the condition of the backwater device.
d.
All corrective actions that must be taken to maintain, repair,
rehabilitate or replace the private sewer lateral and the estimated
time and cost associated with such maintenance, repair, rehabilitation
or replacement.
(4)
The inspection report shall contain a recording of the video
inspection of the private sewer lateral in a format acceptable to
the City.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
(a)
Maintenance, Repair, Rehabilitation and Replacement in Response to City Notice. Based upon the inspection report required by § 6-7.304(a) or (b), the City may provide the property owner with a written notice to maintain, repair, rehabilitate or replace the private sewer lateral by taking specified corrective actions by a date to be specified in the written notice. In establishing the date by which the work must be completed, the City may take into account the cost of the work and the risk that the private sewer lateral will leak or overflow. The property owner must cause the corrective actions specified in the written notice to be taken by a licensed plumber within the time specified in the notice and in accordance with this article. The property owner shall provide the City with written notice of completion of the corrective actions in accordance with the requirements set forth in the City's written notice.
(b)
Maintenance, Repair, Rehabilitation and Replacement Upon Sale of Property. Based upon the inspection report required by § 6-7.304(c), the property owner shall cause a licensed plumber to perform the corrective actions identified in the inspection report prior to the sale of the property and in accordance with the requirements of this article. The property owner shall provide the City with written notice of completion of the corrective actions prior to the sale of the property. The property owner and the buyer may agree on who will pay for the costs of the corrective work.
(c)
Maintenance, Repair, Rehabilitation and Replacement Upon Inspection of Commercial Property or Common Interest Development. Based upon the inspection report required by § 6-7.304(d), the property owner shall cause a licensed plumber to perform the corrective actions identified in the inspection report. The property owner shall cause the work to be completed within a reasonable time after receiving the report, but in no case later than six months after receipt of the report. Upon written request, the City may grant additional time to complete the work, taking into account the cost of repairs and the risk that the private lateral will overflow. The property owner shall provide the City with written notice of completion of the corrective action within 30 days of completion of the work.
(d)
Maintenance, Repair, Rehabilitation and Replacement for Significant Construction, Remodeling, or Change in Use. Based on the inspection report required by § 6-7.304(e), the property owner shall cause a licensed plumber to perform the corrective actions identified in the inspection report prior to final approval of a permit by the City.
(e)
Use of Best Management Practices During Maintenance, Repair, Rehabilitation
and Replacement Work. The property owner shall cause its licensed
plumber to use all reasonable and feasible best management practices
when performing the maintenance, repair, rehabilitation or replacement
work required by this article. Such best management practices must
be employed to prevent the maintenance, repair, rehabilitation or
replacement work from causing or contributing to an overflow of the
private sewer lateral or the public sewer, including, without limitation,
preventing debris, root-balls, sediment or fats, oils and grease from
being flushed into the public sewer.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
(a)
Violation. No person shall violate any provision or fail to comply with any of the requirements of this article, including any provision of the private sewer lateral program adopted pursuant to § 6-7.307. Any violation or failure to comply with the requirements of this article shall be a violation of this Code.
(b)
Public Nuisance. Any violation or failure to comply with the requirements
of this article shall constitute a public nuisance. The City Attorney
is authorized to commence necessary proceedings provided by local
or State law to abate, remove and enjoin such public nuisance.
(c)
Enforcement. The City may enforce any violation of the requirements
of this article in accordance with Article 5 of this chapter.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
The City Manager may prepare and administratively adopt a private
sewer lateral program to provide administrative guidance on the implementation
and enforcement of this article. The City Manager may update the private
sewer lateral program administratively as needed to achieve the applicable
performance standards for the public sewer.
[§ 1, Ord. 1118-13, eff. July 4, 2013]
The City may establish fees by resolution for the administration
of this article.
