For the purposes of this chapter a public sewer shall be deemed to be available to a building if the sewer is installed in a public right-of-way or easement at the property line of the lot upon which the building is located or is within 200 feet of the proposed or existing structure.
(Ord. 520 § 3, 2007)
The City Council finds and declares failing septic systems to constitute a public nuisance, and finds it to be in the public interest that such property, to which a public sewer is available, be required to connect thereto.
(Ord. 438 § 2, 2004)
When a public sewer becomes available to a building served by a private sewage disposal system, the building shall be connected to the public sewer upon failure of the private sewage disposal system or before any modification of, or addition to the building, which will require the private sewage disposal system to be enlarged except for minor residential additions (less than 400 sf) that are on a lot one acre or greater in size and the private sewage disposal system design complies with Appendix K of the Uniform Plumbing Code and the "Water Quality Plan for the Central Coast Basin".
A septic system has failed if public or environmental health is jeopardized by (a) effluent or sewage escaping to the surface, or otherwise jeopardizing ground or surface water, or (b) inadequate percolation results in sewage backup into buildings, or (c) a public nuisance is caused by odor generation that results in formal complaints, and the system cannot be repaired or replaced consistent with Appendix K of the Uniform Plumbing Code within 30 calendar days. The private disposal system shall be abandoned in the manner prescribed by the City Building Division in accordance with the currently adopted edition of the Uniform Plumbing Code.
(Ord. 438 § 2, 2004)
Any newly constructed building to which a public sewer is available shall be connected to the public sewer prior to its use for human occupancy, unless a variance is granted by the City Council.
(Ord. 438 § 2, 2004)
Variances referred to in Sections 7-3.003 and 7-3.004 may be granted upon written application to the City Council by the applicant setting forth the basis for such request. Variances may be granted only upon affirmative showing that no health hazard, public nuisance, or inequity to other property owners will result therefrom.
(Ord. 438 § 2, 2004)
Any building located or proposed to be constructed in an area where the Regional Water Quality Control Board has prohibited on-site sewage disposal systems shall be required to connect to the public sewer, without exception. (Reference: California Health and Safety Code Sections 5410-5415; the Porter-Cologne Water Quality Control Act, Chapter 4, Article 5 and Chapter 5, Article 1.)
(Ord. 438 § 2, 2004)
For existing buildings, it shall be the duty of the Director of Public Works or authorized representatives to notify such person or persons to connect to the public sewer and properly abandon any on-site sewage treatment/disposal system. Such notice is to be delivered by certified mail.
(a) 
In the event the person or persons owning any building required to connect to the public sewer in accordance with the provisions of this chapter, fails to connect to the public sewer in the manner provided in this chapter, the Public Works Director shall request that the City Council authorize the mailing of written notice of the required sewer connection to all persons owning property described in the resolution. Such written notice shall be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least 14 days prior to the time fixed for hearing objections by the City Council.
(Ord. 438 § 2, 2004)
The notice shall be substantially in the following form:
NOTICE TO CONNECT TO
THE PUBLIC SEWER SYSTEM
Notice is hereby given that on the _______ day of _______, 20_______the City Council passed a resolution declaring that this "building" shall connect to the public sewer system and properly abandon any on-site sewage treatment/disposal system. Otherwise the City will connect said residence and have properly abandoned any on-site sewage treatment/disposal system and all costs of connection and abandonment plus 25% for overhead and all applicable fees assessed upon the property upon which the work was performed, will constitute a lien upon such property until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the Department of Public Works.
All property owners having any objections to the proposed mandatory connection are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held _______when their objections will be heard and given due consideration.
Dated this _______day of _______, 20_______.
____________________________
Director of Public Works
City of Atascadero
(Ord. 438 § 2, 2004)
(a) 
At the time stated in the notices, the Council shall hear and consider all objections to the proposed mandatory sewer connection.
(b) 
At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of connection/abandonment. The decision of the Council is final.
(Ord. 438 § 2, 2004)
If objections have not been made or after the Council has disposed of those made, it shall order the Director of Public Works to conduct the work of connection/abandonment.
(Ord. 438 § 2, 2004)
In the event the person or persons owning the property required to connect to the public sewer system fail to connect to the public sewer system and properly abandon any on-site sewage treatment/disposal system in accordance with provisions of this chapter within six months after the hearing of objections and order to connect to the public sewer system, it shall be the duty of the Director of Public Works to cause the building to be connected to the public sewer system and provide for the proper abandonment of any on-site sewage treatment/disposal system. This work will be conducted in such a manner so as to minimize damage to existing landscape and structures. However, the City shall assume no responsibility for incidental damage done or for the return of the work site to its original condition. It shall be unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for such purpose in accordance with the provisions of this chapter. Any person owning such residence in the City shall have the right to connect to the public sewer and abandon any on-site sewage treatment/disposal system, at his or her own expense, at any time prior to the arrival of the Director of Public Works or his or her representatives for such purpose.
(Ord. 438 § 2, 2004)
The Director of Public Works shall keep an account of the cost of connecting each building to the public sewer, the cost of abandoning any existing on-site sewage treatment/disposal system and all applicable fees associated with each connection. An itemized written account, showing such cost, shall be submitted to the Council for confirmation. This account shall identify and refer to each building in a manner sufficiently reasonable to identify the same. This account shall include all expenses proposed to be assessed against each property, including the property owners share of the cost of extending the public sewer system to serve the building mandated for connection. All or part of this entire sum may be paid at the time of owner notification. Any portion of the amount assessed each property owner not repaid upon owner notification shall become a lien on said property which shall be repaid to the City through a municipal tax assessed over a 15 year period at a 10% annual rate of interest. Any portion of the amount assessed not repaid, upon transfer of property ownership shall be repaid in full.
(Ord. 438 § 2, 2004)
The Public Works Department shall post a copy of the assessment list on or near the door of the Council meeting room, together with the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The posting shall be for at least five calendar days prior to the submission to the Council.
(Ord. 438 § 2, 2004)
At the time and place fixed for receiving and considering the report, the Council shall hear the same, together with any protests or objections of the property owners liable to be assessed for connection. Upon the conclusion of such hearing, the Council shall then confirm the report by motion and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive.
(Ord. 438 § 2, 2004)
A certified copy of the report shall be filed with the County Auditor on or before the annual deadline set by the County Auditor for entry of such assessments on the County tax roll. In the event that the report cannot be prepared in time for the County Auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the County Auditor before the deadline the succeeding year.
(Ord. 438 § 2, 2004)