The purpose of this chapter is to help assure continued protection
and high quality of the water resources available in the city by requiring
all properties, buildings and structures to abandon all existing septic
tanks, seepage pits and/or cesspools and connect to the available
public sewer prior to time of sale or transfer of ownership of said
properties, buildings or structures.
This chapter shall apply to any property, building or structure
which enters into escrow after the effective date of the ordinance.
(Ord. 743, 1994)
Whenever in this chapter the following terms are used they shall
have the meanings respectively ascribed to them in this section:
means the public sewer under the control of the Coachella
Valley water district located within the prescribed sewer right-of-way.
means the director of building and safety as appointed by
the city manager or the director's deputy(s).
means the document that is recorded on said property which
releases the certificate of requirement, and stipulates that the said
property has been lawfully connected to the public sewer.
means the document that is recorded on said property which temporarily releases the certificate of requirement and stipulates that the said property has been excepted or given an administrative variance pursuant to Section 8.60.060 of this chapter.
means the document that is recorded on said property indicating
that prior to sale or transfer of ownership, the said property shall
be lawfully connected to the public sewer.
(Ord. 743, 1994)
Pursuant to this chapter, the city council shall direct the
building official to prepare and record with the Riverside County
recorder's office, on each parcel listed on Exhibit A attached to
the ordinance codified in this chapter and found on file in the office
of the city clerk, a certificate of requirement stating the following
information:
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"CERTIFICATE OF REQUIREMENT"
Assessor's Parcel Number:
Street Address: __________________
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Pursuant to Palm Desert Municipal Code, Section 8.60.010, prior to sale or transfer of ownership of the above stated property, a "Certificate of Compliance" showing that the above property is legally connected to the public sewer and shall be recorded on said property.
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__________________________
BUILDING OFFICIAL
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__________
DATE
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State of California)
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_______________)
County of Riverside)
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On ________, before me, __________, a Notary Public in and for
said State, personally appeared__________ known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his or her/their authorized
capacity(ies), and that by his or her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
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WITNESS my hand and official seal.
Signature __________
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(Ord. 743, 1994)
The properties listed in Exhibit A attached to the ordinance
codified in this chapter and found on file in the office of the city
clerk, or the recorded certificate of requirement, or the lack of
any of the above notwithstanding, it shall be the property owner's
responsibility to comply with the full intent of this chapter which
is to assure any new property owner or buyer that prior to sale or
transfer of ownership to that new property or buyer, all structures
on that property are lawfully connected to the public sewer and all
subsurface septic tanks, cesspools and seepage pits are lawfully abandoned.
(Ord. 743, 1994)
Once the property owner or owner's authorized agent presents
the necessary documentation acceptable to the building official demonstrating
that the said property is legally connected to the public sewer, the
building official shall record with Riverside County Recorder's Office,
a certificate of compliance which shall contain the following:
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"CERTIFICATE OF COMPLIANCE"
Assessor's Parcel Number:
Street Address: ______________________
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Pursuant to Palm Desert Municipal Code, Section 8.60.010, the above stated property has been determined to be lawfully connected to the public sewer, and in compliance with Palm Desert Ordinance No. ________. The "Certificate of Requirement" as recorded by Instrument Number _______ is hereby satisfied and discharged.
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BUILDING OFFICIAL ________
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DATE ______
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State of California)
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)
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County of Riverside)
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On ______, before me, _________, a Notary Public in and for
said State, personally appeared________ known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his or her/their authorized
capacity(ies), and that by his or her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
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WITNESS my hand and official seal.
Signature ___________
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(Ord. 743, 1994)
A.
The
property owner or owner's authorized agent, at their option, may personally
review official microfiche files located in the department of building
and safety and obtain a microfiche copy of the sewer connection permit
if issued on said property. Such sewer connection permit shall have
a final inspection signoff by a duly authorized city building inspector
and shall not be a revoked or expired permit. The building official
shall review and approve the sewer connection permit and authorize
a notice of compliance be filed.
The owner or owner's authorized agent shall pay a twenty-five
dollar fee to cover the administrative costs for the preparation of
the certificate of compliance.
B.
If the
property owner or owner's authorized agent does not wish to personally
research the official microfiche file located in the department of
building and safety upon the completion of the appropriate application
form and payment to the city of a thirty-five dollar nonrefundable
research fee, the city staff shall research, locate and copy any such
sewer connection permit, if issued or available on microfiche records.
The building official shall review the copy of the sewer connection
permit as the above paragraph stipulates and if acceptable, shall
authorize a notice of compliance be filed. The twenty-five dollar
notice of compliance fee shall be paid to the city at that time.
C.
If the
property is not connected to the public sewer or connected without
the required permits and inspections required elsewhere in this code,
the owner or owner's authorized contractor, licensed as required by
this code, shall pay the necessary Coachella Valley water district
assessment fees and obtain a sewer connection permit from the department
of building and safety and schedule all required inspections accordingly.
Upon acceptance of final inspection, the building official shall
authorize a certificate of compliance be filed. The owner or owner's
authorized agent shall pay to the city a twenty-five dollar fee for
the preparation and recording of the certificate of compliance.
D.
If it
is demonstrated to the satisfaction of the building official that
the property is legally connected to the public sewer and a certificate
of requirement has been recorded in error on the property, the building
official is hereby authorized to record a certificate of compliance
on the property at no charge to the property owner or authorized agent.
(Ord. 743, 1994)
A.
Where
deemed unfeasible to connect to the public sewer, the building official
may grant an administrative variance and authorize filing of a certificate
of temporary exception with the Riverside County recorder's office.
If granted, such certificate of temporary exception shall have an
expiration date of not to exceed three years from date of issuance.
Some, but not all, of the conditions which may warrant an exception
to this chapter are as follows:
1.
Building,
structure or property located beyond two hundred feet of the public
sewer;
2.
Condominiums
which share a common septic system;
3.
Buildings
or structures in which the flow line of the building drain or the
building sewer is below the flow line of the public sewer, adjacent
to, or within two hundred feet of the property, building or structure;
4.
When,
in the opinion of the building official, the cost of construction
of the sewer connection is excessive and the existing septic system
is less than twenty years of age.
(Ord. 743, 1994)
Upon determination of the building official, or the authorization
of the building board of appeals and condemnation, or the city council,
that connection to the public sewer is unfeasible, the building official
shall record a certificate of temporary exception with the Riverside
County recorder's office. The certificate of temporary exception shall
contain the following:
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"CERTIFICATE OF TEMPORARY EXCEPTION"
Assessor's Parcel Number:
Street Address:
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Pursuant to Palm Desert Municipal Code, Section 8.60.060, the above stated property has been temporarily exempted from connection to the public sewer at time of property sale or transfer of ownership due to unfeasibility, and has been determined to be in compliance with Ordinance No. ________. The "Certificate of Requirement" as recorded by Instrument No. ________ is hereby temporarily satisfied.
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This exception to the mandatory sewer connection of the Ordinance
No. ________ of the City of Palm Desert is temporary only. All property
sales or transfers of ownership after the expiration date listed below
will require a new "Certificate of Temporary Exception" be issued
or if warrants, sewer connection will be required and a "Certificate
of Compliance" be issued for this property.
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The existing septic system may remain in operation until such
time that the existing septic system fails and needs to be replaced.
No new septic tank or seepage pit may be added to this property. Mandatory
public sewer connection will be required at that time.
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BUILDING OFFICIAL __________
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DATE __________
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CERTIFICATE EXPIRATION DATE _____
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State of California)
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_____________)
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County of Riverside)
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On _______, before me,__________, a Notary Public in and for
said State, personally appeared __________ known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his or her/their authorized
capacity(ies), and that by his or her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
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WITNESS my hand and official seal.
Signature________
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(Ord. 743, 1994)
Upon the appellant filing the necessary application and payment of the required application fee, required elsewhere in this code, the building board of appeals and condemnation, pursuant to Chapter 15.24 of this code, shall hear, review and render decisions on appeals from the building official's interpretation as to the use of or filing of a certificate of temporary exception or administrative variance as described in the above sections.
Decisions of the board shall be final unless appealed to the
city council within five working days of official notification. All
findings of the board shall be transmitted to the city council through
the city staff for informational purposes.
(Ord. 743, 1994)
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code.
(Ord. 743, 1994)
