The public works department of the city is charged with the duty of enforcing this chapter, or causing its enforcement by other city departments or other agencies, when necessary.
(Ord. 266 § 501, 1981)
The city may refuse to furnish sewer service and may discontinue all services to any premises where apparatus, appliances, or equipment using water is found by the engineer to be dangerous or unsafe or where the use of water on such premises is found by the engineer to be detrimental or injurious to the sewer service furnished by the city to other premises, or where the engineer finds that negligent or wasteful use of water exists on any premises which affect the city's sewer service. The city shall have the right to refuse or discontinue sewer service to any premises if necessary to protect itself against fraud or abuse.
(Ord. 266 § 502, 1981)
In the event of violation (other than nonpayment of billed sewer service charges) of any provision of this chapter, the engineer may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the engineer shall exercise his or her authority to disconnect the premises from the sewer system; provided, however, that such time shall not be less than five days after the date of presentation of such notice; provided further, however, that in the event such violation results in a public hazard, menace, or nuisance, then the engineer may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such condition, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
(Ord. 266 § 503, 1981)
Any person who intentionally or negligently violates any provision of this division, requirements, or conditions set forth in permits duly issued, or who discharges wastewater which causes pollution, or violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard, shall be liable civilly to liabilities imposed by the agency against which the violation occurs. Said civil liability may be in a sum of not to exceed six thousand dollars for each day in which such violation occurs. The city may petition the superior court to impose, assess, and recover such sums.
(Ord. 266 § 504, 1981)
When the city finds that a discharge of wastewater has occurred or may occur in violation of this division, or the provisions of a wastewater discharge permit, the city may issue an order to cease and desist, and direct the owner not complying with this division or discharge permit to:
(Ord. 266 § 505, 1981)
Any person aggrieved by the interpretations and applications of the requirements of the provisions of this chapter may appeal to the city council by filing a written notice of appeal with the city clerk setting forth his or her objections. After hearing the objections of such person and giving due consideration thereto, the council shall make its decision on the matters contained in the appeal and its decision shall be final and conclusive.
(Ord. 266 § 601, 1981)
The city or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his or her duties, shall not thereby render him or herself liable personally and he or she is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the city or employees because of such act or omission performed by him or her in the enforcement of any provisions of this chapter, shall be defended by the city until final termination of the proceedings.
Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this or any other ordinance, rule or regulations of the city is declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation.
During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement for the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney's fee and cost of suit arising in said action.
As an alternative method of enforcing the provisions of this or any other ordinance, rule or regulation of the city, the director shall have the power to act according to California Health and Safety Code, Section 5463. As provided therein, if an owner has clearly refused to repair or replace defective sewer laterals after notice thereof, then the city may repair or replace, utilize the mechanic's lien procedures or assess the owner's tax bill, all as provided for in Health and Safety Code, Section 5463. The use of any of the enumerated enforcement procedures shall be discretionary with the director.
The city declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty.
In implementing its sewer allocation policy, the city recognizes and acknowledges its obligation to grant a priority for the provision of available and future sewer resources and services to proposed housing developments that help meet the city's share of the regional housing need for lower income households as identified in the city's general plan housing element. In accordance with Government Code Section 65589.7, as the same exists or may hereafter be amended, the city establishes the following policy:
A.
In the event the city experiences service limitations due to constraints in its wastewater treatment and disposal capacity or regulatory restrictions, the city shall, to the extent reasonably feasible, grant priority to proposed developments that include housing units affordable to lower income households, as such developments are defined in Government Code Section 65589.7(d).
B.
In meeting its obligations under Government Code Section 65589.7 to provide priority sewer service for proposed developments that include housing units affordable to lower income households, the city shall take into account: (1) the Regional Housing Needs Allocation prepared by the Sacramento Area Council of Governments; and (2) other plans, documents and information that provide a reasonable basis for making service determinations.
C.
Applications for proposed developments that include housing units affordable to lower income households shall not be denied, nor shall conditions be imposed thereon or services which are applied for be reduced, unless the city makes specific written findings that such denial, condition, or reduction is necessary due to the existence of one or more of the following:
1.
The city does not have sufficient wastewater treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development;
2.
The city is under an order issued by the Regional Water Quality Control Board that prohibits new sewer connections; or
3.
The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking sewer service from the city, including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013.
D.
The city shall not discriminate in any manner when considering and processing requests for service for developments that include housing units affordable to lower income households.
E.
In the circumstance where the city has tentative and/or final subdivision map applications on record in excess of the wastewater treatment and disposal capacity available, the city shall determine which projects should receive such capacity based on the policy adopted by the city council. The city shall notify in writing any project applicants that will not receive the available wastewater treatment and disposal capacity.
F.
At such time as the city makes specific written findings for denial of service in accordance with this policy, the city shall also, if possible, establish written conditions whereby the applicant may address, remedy or resolve the city's findings, to the satisfaction of the city.
(Ord. 457 § 2, 2016)