(a)
It is the purpose and intent of this chapter to establish regulations
for the inspection, maintenance, repair and replacement of private
sewer laterals within the city.
(b)
It is the further purpose and intent of this chapter to increase
public awareness of private sewer systems and the impact of sewer
spills on public health and the environment, to prevent blockages
of the sewer system and accidental discharge of wastewater into the
storm drain system or the Pacific Ocean, to provide for the maximum
beneficial use of the city's sewer system, to ensure the regulations
are equitably implemented throughout the city, and to protect public
health, safety and the environment.
(Ord. 1439 § 1, 2004; Ord. 1603 § 1, 2015)
For the purposes of this chapter, the following terms are defined.
To the extent not inconsistent with the provisions of this chapter,
terms defined in the plumbing code shall apply.
means an inspector so designated by the director.
means the most recent edition of the California Building
Code as adopted (with or without amendments) by the city.
means that part of the lowest wastewater piping which receives
the discharge from drain pipes inside the walls of a building or structure
and conveys it to the private sewer lateral.
means the certificate the city issues to a property owner
after the property owner has submitted a private sewer lateral inspection
report and associated video demonstrating the private sewer lateral
is in compliance with this chapter.
means a development characterized by individual ownership
of a housing 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.
means a period of ninety days from the earlier of:
The date of issuance of a notice of participation to a private
property owner; or
The date of video inspection of a sewer lateral related to a
private property building remodel, a common interest development or
a multi-unit complex sewer lateral system; or
The date of video inspection of a sewer lateral related to the testing requirements set forth in Section 17.50.054.
means appropriate actions taken by a property owner to maintain
a fully functional private sewer lateral. Corrective measures may
include, but are not limited to, video inspection, a program of scheduled
cleaning, and/or repair or replacement of a private sewer lateral.
Any repairs or line replacements must be made in accordance with Title
17 of this code and the plumbing code.
means the director of water quality, city engineer, director
of community development or other official as designated by the city
manager.
means a situation in which a private property owner has been
notified by the city or has knowledge that the property's sewer lateral
may not be fully functional and has failed to make an objective good
faith effort to properly maintain a fully functional private sewer
lateral servicing the owner's property, and a sanitary sewer overflow
has occurred.
means a private sewer lateral that is structurally sound,
free of impediments, is maintained in a safe and sanitary condition,
does not cause an obstruction within the public sewer and does not
constitute a public nuisance.
means a development consisting of a building or buildings
or portion thereof designed or used exclusively for multiple-family
residential occupancy, including, but not limited to, apartments,
apartment houses, and duplexes, and excluding common interest developments.
means written notification from the city advising a property
owner of corrective measures that may be taken by the property owner
to ensure the private sewer lateral is fully functional.
means the most recent edition of the California Plumbing
Code as adopted (with or without amendments) by the city.
means all construction projects including additions, alterations
or repairs that require a building permit, and that either:
means those sewer facilities that are privately constructed
and not dedicated and accepted as a public sewer by the city. Private
sewer facilities generally include sewer facilities within a privately
owned building, service laterals, private pump stations, grease interceptors,
and all other facilities located between private property and the
connection to the public sewer. Sewer facilities intended for dedication
to the city are private sewer facilities until such time as they are
accepted by the city.
means a sewer directly controlled by the property owner as fully defined in Section 17.04.162.
means the procedures, documents and forms necessary to assist
a private sewer lateral owner with the inspection, repair and certification
of their private sewer lateral. The guide is kept on file with the
water quality department of the city.
means a standard inspection form completed by a certified
plumbing contractor detailing private sewer lateral inspection findings
and recommended follow-up actions. Inspection report includes electronic
copy of diagnostic video inspection.
means a common sewer directly controlled by the city, as fully defined in Section 17.04.170.
means:
A company or plumber who has satisfied the qualification requirements
outlined in the city's Private Sewer Lateral Program Administrative
Guide; or
A company or plumber with a valid city business license and
the appropriate licensure, as required by the state, to provide private
sewer lateral services, including video inspection, cleaning, maintenance,
repair and connection to the public sewer.
(Ord. 1439 § 1, 2004; Ord. 1603 § 1, 2015)
These rules shall apply to every private sewer lateral in the
city that is directly connected to a public sewer for which the city
has maintenance responsibility.
(Ord. 1439 § 1, 2004; Ord. 1603 § 1, 2015)
(a)
Every property owner whose property is serviced by a private sewer
lateral shall be responsible for all preventative and corrective maintenance
activities for the private sewer lateral, up to and including the
connection to the public sewer, which may include, but is not limited
to, periodic video inspection, cleaning, repair and replacement of
the line and connection joint. The ongoing costs associated with maintaining
private sewer laterals shall be borne by private property owners;
the city shall not be liable for any of these costs.
(b)
Property owners shall adequately maintain, inspect, repair and/or
replace their private sewer laterals as needed to prevent sanitary
sewer overflows and sewer spills.
(c)
Property owners shall promptly take all actions necessary to abate
any condition causing a sanitary sewer overflow upon notice of the
condition.
(d)
Any sanitary sewer overflow from a private lateral that is not promptly abated shall constitute a public nuisance under Section 7.24.020 of this code.
(e)
Each property owner shall be liable and responsible to the city for all costs incurred to respond to or otherwise address any sanitary sewer overflow or spill resulting from the property owner's private sewer lateral, including, but not limited to, any and all responses costs incurred by the city to respond to the overflow or spill, and all repair costs and other damages incurred by the city. The city manager or designee must review and approve the amount of costs to be assessed by the city. Upon approval of the city manager or designee, the city shall issue a notice of assessment of costs to the property owner. Any person aggrieved by any administrative decision made under this section may appeal the decision to the city council in accordance with the procedures and requirements for filing and hearing such appeals as set forth in Chapter 2.02 of this code, which are incorporated in this section by reference. The city council may also review any such decision on its own motion.
(f)
No property owner shall maintain a building drain or private sewer
lateral in a condition that prevents or impedes the cleaning or inspection
of the public sewer.
(g)
A property owner shall complete any necessary corrective measures
within the correction grace period to ensure that the private sewer
lateral is fully functional. The director shall have the sole and
absolute discretion to extend the correction grace period if a property
owner makes a request for an extension of time and presents good cause
for the request.
(Ord. 1439 § 1, 2004; Ord. 1603 § 1, 2015)
All private sewer laterals, whether existing as of the effective date of the ordinance codified in this chapter or hereafter constructed, shall be operated and maintained by the private property owner in accordance with the requirement set forth in Section 17.12.140 of this code.
(Ord. 1439 § 1, 2004; Ord. 1603 § 1, 2015)
(a)
All private sewer laterals connected to a city public sewer, including those serving residential, multiple residential, multi-unit complexes, common interest developments, and commercial properties, shall be cleaned, video inspected, and provided a private sewer lateral inspection report, per Section 17.50.053, at the property owner's expense, upon the occurrence of one of the following events, whichever is first:
(1)
A sewer spill from a private sewer lateral; and/or
(2)
A private property building remodel as outlined in Section 17.50.020(n);
and/or
(3)
A change of use of the house, building or property served from: (A)
residential to business, commercial, or nonresidential, (B) from nonresidential/nonrestaurant/nonindustrial
to restaurant or industrial uses such as carwashes, cleaners and laundries,
or (C) to nonresidential uses where the building or property served
has been vacant or unoccupied for more than three years; and/or
(4)
The repair or replacement of any part of the private sewer lateral;
and/or
(5)
A significant repair or replacement of the main sewer line to which
the lateral is attached; and/or
(6)
Where city inspection and/or investigation reveals that a property's
private sewer lateral is not sufficiently functional, and the city
has provided the property owner with a written notice of participation
describing the city's private sewer lateral program and advising the
property owner of the corrective measures that should be taken.
(Ord. 1603 § 1, 2015)
(a)
All digital video inspections of private sewer laterals and all private sewer lateral inspection reports required under Section 17.50.052 must be performed by a state of California qualified plumber.
(b)
The digital video inspection shall, at a minimum, show the date of
the inspection, identify the beginning point of the inspection, include
an audio assessment of the proceedings by the qualified plumber, and
include a footage counter to identify points along the ending point
of the inspection.
(c)
The qualified plumber shall mark on the ground surface directly above
the lateral for the benefit of the property owner the location of
problem areas including the incidence of roots, joint problems, pipe
problems, infiltration, or other significant findings.
(d)
The property owner shall furnish the city with a private sewer lateral
inspection reports and associated diagnostic video within fourteen
days of the performance of the video inspection.
(e)
Private sewer lateral inspection reports and associated diagnostic
video will be placed into the real property report files associated
with the parcel.
(f)
Required procedures, documents and forms related to the private sewer
lateral inspection can be found in the private sewer lateral program
administrative guide on file with the city water quality department.
(Ord. 1603 § 1, 2015)
(a)
In the event that a property owner's inspection indicates that a
private sewer lateral is insufficient to provide service to the property
free from unauthorized discharges to the public sewer, or is in danger
of continuing spills, then as a condition of continuing use of the
public sewer system, the property owner shall cause the necessary
repairs or line replacement to be made to bring the private sewer
lateral into compliance with the requirements of the city. The cost
to repair or replace the private sewer lateral shall be the responsibility
of the property owner.
(b)
Every property owner is required within the correction grace period
to make the private sewer lateral serving the property fully functional
as described in this code.
(c)
Repair and replacement of a private sewer lateral requires a city
plumbing permit for the work on private property and a public works
permit for work within a public right-of-way which includes the connection
to the public sewer. Prior to issuance of a permit by the city to
complete corrective measures, the property owner shall submit a plot
plan indicating the location of the private sewer lateral line and
the proposed corrective measures. A final inspection of the work by
the city's authorized inspector is required as part of city permitting
process.
(d)
Spot Repairs. If only a portion of the private sewer lateral is defective,
the owner may elect to perform a spot repair. Upon completion of the
repair, the private sewer lateral shall be tested and must pass the
requirements of the plumbing code and city standards.
(e)
New or Replaced Lines. All new or replaced private sewer laterals
shall be approved, designed and constructed in accordance with Title
17 of this code and the plumbing code.
(1)
All new and replaced private sewer laterals and pipe joint connections
shall be constructed using materials approved by the director that
are designed to prevent root intrusion for the life of the product.
(2)
All new or replaced private sewer laterals shall include a cleanout
located at or near the property line and a backflow preventor. The
cleanout/backflow preventor shall be designed and constructed in accordance
with Title 17 of this code and the plumbing code.
(3)
Upon completion of the line replacement, the private sewer lateral
shall be tested and must pass the requirements of the plumbing code
and city standards.
(f)
All landscape improvements related to the repair, replacement or new installation of a private sewer lateral project shall be designed and constructed in accordance with Section 25.05.040 of this code.
(g)
When the necessary corrective measures have been completed within
the correction grace period, the property owner shall provide the
city with documentation of the corrective measures taken.
(Ord. 1603 § 1, 2015)
(a)
The city shall issue a property owner a certificate of compliance
if any required video inspection demonstrates that the private sewer
lateral is functional and that no further cleaning, repair or other
corrective measures are necessary, or, in the alternative, upon determining
all of the following are true:
(1)
The private sewer lateral is free of roots, grease deposits, and
other solids that may impede or obstruct the transmission of sewage.
(2)
There are no non-sanitary connections to the private sewer lateral
such as roof or yard drainage facilities.
(3)
All joints in the private sewer lateral are watertight and sound
to prevent the exfiltration of sewage and the infiltration of groundwater.
(4)
The private sewer lateral is free of structural defects, cracks,
breaks, or missing portion and the grade is reasonably uniform without
major sags or offsets.
(5)
The private sewer lateral is equipped with at least one cleanout
located within five feet of the building footprint which is securely
sealed with a proper cap and equipped with a backflow protection device,
if required by this title.
(Ord. 1439 § 1, 2004; Ord. 1603 § 1, 2015)
(a)
Notwithstanding the other civil remedies set forth in this title, a public nuisance in accordance with Section 7.24.010 of this code shall be deemed to exist upon a failure to act as defined in Section 17.50.020(i) of this chapter.
(b)
A failure to act or a violation of the provisions of this chapter
by a private property owner may result in one or more of the following
enforcement actions:
(1)
A notice of noncompliance may be issued with a specified period for
correction;
(2)
An administrative citation may be issued for violations in the amounts and manner set forth in Chapter 1.15 of this code;
(3)
The city council may impose a fine of up to ten dollars per gallon
of spilled sewage and up to ten thousand dollars per day for a closure
of public property as a result of a spill from private property;
(Ord. 1603 § 1, 2015; Ord. 1439 § 1, 2004)
