Note: For state law as to authority of city to construct, etc., sewers and drains, see Government Code Annotated Sections 38660 through 38900. As to Sewer Right of Way Law of 1921, see Government Code Annotated Sections 39000 through 39374. As to sanitation and sewer systems generally, see Health and Safety Code Annotated Section 5470, et seq. As to location of pipe and conduits in streets, see Section 12.08.120 of this code.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
"Building"
means a structure entirely separated from any other structure by a space or by walls in which there are no communicating doors or windows or similar openings.
"Connecting sewer"
means that portion of the sewer system which extends from the main sewer to the street right-of-way line. May also be referred to as the lateral.
"Fixture"
means any plumbing or sewer outlet requiring a trap or vent.
"House sewer"
means that portion of the horizontal piping extending from a point two feet from the foundation wall of the building to its connection with the connecting sewer.
"Lot"
means any piece or parcel of land as bounded, defined or shown upon the latest map, plan or deed recorded in the office of the county recorder or upon the assessor's map as prepared by the county assessor.
"Main sewer"
means a main pipeline sewer of the city laid in the streets, alleys and along the rights-of-way for the collection of sewage from connecting sewers and conveying the same to the outfall sewer.
"Sanitary sewer system"
means the main sewer system and shall not include connecting, house or lateral sewers.
(Prior code § 24-1; amended during 1990 codification; Ord. 1469 § 1, 2005)
A. 
No person shall make any connections with any cesspool, septic tank or any other place for depositing sewage, except with and into sewage disposal lines within the city, and subject to inspection and such regulation by the city as is provided in this chapter or as may from time to time be prescribed by the city council, if and when the property or place so to be connected fronts upon or is located within three hundred fifty feet of a constructed, completed and accepted city main line sewer; provided, however, that the provisions of this section shall be construed and applied in conformity with and subject to the time limit prescribed in Section 13.04.030.
B. 
No cesspools, septic tanks or other method for depositing sewage, except into the city sewer system, shall be permitted except for one single-family dwelling on a lot as provided in this section.
(Prior code § 24-2; Amended during 1990 codification)
No person shall continue to use any cesspool or place where sewage has been or is being deposited after the expiration of thirty days from service of notice by the city council, after the receipt of a recommendation by the city engineer or county health officer to connect to the sewage disposal lines of and within the city, except in cases where and when no main sewer disposal line is so available. Before the expiration of such time, such building or structure containing any plumbing fixtures must be so connected to the sewage disposal line pursuant to the provisions of this chapter.
(Prior code § 24-3; Amended during 1990 codification)
No person shall make or attempt to make any connection with the main sewer lines of the city without first having secured a permit therefor and having paid an application fee in an amount established by resolution of the city council.
(Prior code § 24-4; Ord. 1225 § 9,1988)
A permit to make a sewer connection shall be granted upon application made upon forms furnished by the city and in the manner as in such form prescribed, which application shall be filed with the city engineer or his or her designated representative who is authorized to issue such a permit.
(Prior code § 24-5; Amended during 1990 codification)
A sewer construction permit shall not be assignable, transferable or used to aid or abet any unlicensed person in the performance of any work or operation for which such permit was issued.
(Prior code § 24-8)
Any person, as principal, agent or otherwise, desiring to engage in the business of constructing sewers within the city shall, before a permit to do so will be granted, file with the city clerk a bond in the penal sum set by the city engineer, bond being payable to the city and to be executed by a surety company authorized to transact business in the state. The condition of such bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this chapter in a good and workmanlike manner and to the satisfaction of the city engineer.
(Prior code § 24-9; Amended during 1990 codification)
Every building or other structure situated within the city shall be separately and independently connected with a connecting sewer, except where more than one building or other structure is situated upon the same lot, in which case all such buildings and structures may, by special permit authorized by the city engineer or his or her designated representative, be joined in the use of one house and connecting sewer, provided, however, that all the buildings and structures are and continue to be owned by the same person.
(Prior code § 24-10; Amended during 1990 codification)
All extensions of main sewers within the public right-of-way shall become the property of the city upon a final inspection by the city engineer and upon acceptance by the council.
(Prior code § 24-15; Amended during 1990 codification)
No person shall throw or deposit in any vessel or receptacle having an open outlet connected with a covered sewer any garbage, ashes, cinders, rags, carbide, lime, oil, grease, hazardous waste or other substance prohibited by law.
(Prior code § 24-19; Amended during 1990 codification)
The city engineer shall have the right to enter into or upon any property, structure or premises served by any public or private sewer for the purpose of examining and inspecting the construction or condition of any such sewer. Every person owning, controlling or occupying such property, structure or premises shall permit such entrance and give such aid as may be necessary for the examination or inspection.
(Prior code § 24-25)
A. 
No person shall backfill any trench or excavation made for the purpose of laying a sewer of any kind until the pipes laid therein shall have been inspected by the city engineer and a certificate of inspection given. The entire length of the sewer and all connections, including the wye or tee at the main sewer, to the point at which the cast iron soil pipe begins shall be fully exposed for inspection.
B. 
If any section of the pipe or any portion of the work is not in accordance with city specifications or does not conform to all of the requirements of this chapter or other sewer standards which from time to time may be adopted by the city council, the sewer contractor shall make such changes or additions as are necessary to conform to the provisions of this chapter and shall, after the changes or additions are made, leave the pipe and work exposed and do no backfilling until inspection has been made and acceptance as above provided.
(Prior code § 24-26; Amended during 1990 codification)
A. 
Only licensed contractors shall be permitted to make taps or service connections to main sewers or connections to main sewers or connecting sewers.
B. 
All sewer taps shall be inspected by the city engineer prior to any backfilling.
(Prior code § 24-27; Amended during 1990 codification)
A. 
There is established a fee for the purpose of maintaining and repairing the existing city sanitary sewer system. That fee is imposed on all improved property connected to the city sanitary sewer system within the city. Except as otherwise provided in this chapter, the fee shall be eleven percent of the bimonthly city of Buena Park charge for water service.
B. 
The fee imposed by this section shall be collected along with those fees collected for water service and garbage and refuse service.
(Prior code § 24-28; Ord. 1234 § 1, 1989; Ord. 1473 § 1, 2005)
A. 
The fee imposed by Section 13.04.180 shall not apply to any person that uses the city's sanitary sewer system in or upon any residence occupied by such individual when the combined total income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which the individual resided was less than twelve thousand five hundred dollars for the calendar year prior to the fiscal year (July 1st through June 30th) for which an application for exemption as provided in this section is sought.
The exemption granted by this subsection shall not eliminate the duty of the city from collecting fees from such exempt individuals or the duty of the exempt individuals from paying the fees to the city unless an exemption is applied for by the service user and granted in accordance with the provisions of subsection B hereof.
B. 
Any service user exempt from the fees imposed by Section 13.04.180 because of the provisions of subsection A of this section may file an application with the finance director for an exemption. Such applications shall be made upon forms supplied by the finance director and shall recite facts under oath which qualify the applicant for an exemption. The finance director shall review all the applications, certify as exempt those applicants determined to qualify therefor and remove the exempt service user from the city's fee billing procedure. The city shall eliminate the exempt service user from its fee billing procedure no later than sixty days after receipt and approval of a qualified exemption application.
C. 
All exemptions shall continue and be renewed automatically by the finance director so long as the prerequisite facts supporting the initial qualification for exemption shall continue; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt individual; further provided, the individual may, nevertheless, apply for a new exemption with each change of address or residence. Any individual exempt from the fee shall notify the finance director within ten days of any change in fact or circumstance which might disqualify the individual from receiving the exemption. It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases to exist.
D. 
Notwithstanding any of the provisions of this section, however, if the city determines by any means that a connection exempt by virtue of an exemption issued to a previous user or exempt user of the same connection, the finance director shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with, and, where appropriate, commence collecting the fee from the nonexempt service user.
(Prior code § 24-29; Ord. 1235 § 1, 1989)
The maintenance, repair and upkeep of connecting sewers and house sewers shall be the responsibility of the property owner or user. The city may perform maintenance, repair and upkeep of a connecting sewer in a particular instance if the director of public works determines that such maintenance, repair, and upkeep by the city is desirable or necessary.
(Ord. 1469 § 2, 2005)