Chapter 14.24
AN ORDINANCE ESTABLISHING PERMIT ISSUANCE AND MAINTENANCE PROCEDURES AND FEES FOR ON-SITE DISPOSAL SYSTEMS IN COUNTY SERVICE AREA 3
Sections:
14.24.030 Finding of board to be recorded in official records of county.
14.24.050 Applicability of Chapter 14.12.
14.24.060 Standard for approval of permit for alternate system in covered area.
14.24.070 Inspection and administration fee.
14.24.100 Parcel owner’s obligations.
14.24.110 County may do work at owner’s expense.
14.24.120 Collection of amount owed to county.
14.24.130 Revocation of sanitation permit.
14.24.150 Authority of county to contract for services.
14.24.010 Title.
This chapter is entitled "An Ordinance Establishing Permit Issuance and Maintenance Procedures and Fees for On-site Sewage Disposal Systems in County Service Area 3." (Ord. 932 §1(part), 1983).
14.24.020 Purpose.
A. The county health officer has determined that the area covered by this chapter generally lacks sufficient suitable soils or has other physical conditions or properties which prevent the health officer from issuing permits for conventional on-site sewage disposal systems, i.e., those using septic tanks and leach lines. The health officer and the Central Valley Regional Water Quality Control Board which has jurisdiction in the county do not have sufficient experience with alternate on-site sewage disposal systems to allow indiscriminate use of the alternate systems. This chapter will allow for greater use of alternate systems in the covered area, but the permission to use any said system shall be revoked if the system creates or threatens to create a health hazard. As set forth in this chapter, the failure of such a system may cause the health officer to issue an order precluding use of the structure or habitation served by the failed system.
B. The board of supervisors makes the express finding that the covered area in general lacks sufficient soils or has other physical conditions or attributes which are likely to prevent the issuance of permits to use conventional on-site individual sewage disposal systems and that use of alternate systems may be permitted on specific parcels only if the systems function properly.
C. The purpose of this chapter is to provide procedures permitting individual on-site sewage disposal systems, including alternate systems, in a specified unincorporated area of the county where physical conditions have previously prevented the health officer, working within the jurisdiction of the Central Valley Regional Water Quality Control Board, from issuing permits for the systems. The methods by which this purpose shall be accomplished are:
1. That potential health hazards from alternate systems permitted in the covered areas should be mitigated by the county health officer’s regular inspection of the systems; and
2. The granting to the health officer the power to require the owner of any parcel in the covered area with any on-site sewage disposal system to pump, maintain, and repair the system as set forth in this chapter.
D. In addition, the purpose hereof is to expressly authorize the property owners in the covered area to have the right to make recommendations regarding implementation of this chapter. (Ord. 932 §1(part), 1983).
14.24.030 Finding of board to be recorded in official records of county.
The board of supervisors expressly finds that there is at present no means of providing notice to potential buyers of parcels in the covered area of the possible difficulty of obtaining a sanitation permit, which permit is necessary in order to obtain a building permit and to construct and occupy a structure thereon. Therefore, the board of supervisors directs that the following notice shall be recorded in the office of the county recorder:
The board of supervisors, the health officer, and the Central Valley Regional Water Quality Control Board have all determined that Units 1, 2, 3A, and 4 of County Service Area 3 lack sufficient soils or have other physical conditions or properties which may prevent the health officer from issuing a sanitation permit for on-site sewage disposal systems for the parcels therein and, because no public sewer system exists there, any owner of a parcel therein may be prevented from building and occupying a residence or other structure thereon. In the event that a permit for such a system is obtained, the system must continue to function properly or the health officer may issue an order preventing use of the system and the residence or structure which said system is intended to serve. See Chapter 14.24 of the Amador County Code. (Ord. 932 §1(part), 1983).
14.24.040 Covered areas.
The unincorporated area of the county to which this chapter applies is County Service Area 3, Units 1, 2, 3A and 4 and is referred to in this chapter as the covered area. The board of supervisors expressly finds that each lot or parcel in the covered area benefits from this chapter except that any lot or parcel in the covered area which is determined by the board to be incapable of being improved for reasons other than the disposal of sewage therefrom shall be exempt from the charge imposed by Section 14.24.070. (Ord. 932 §1(part), 1983).
14.24.050 Applicability of Chapter 14.12.
Except as otherwise specifically set forth in this chapter, the provisions and definitions of Chapter 14.12 shall apply for all on-site systems in the covered area. The health officer may propose to the board of supervisors for adoption rules and regulations applicable to this chapter. (Ord. 932 §1(part), 1983).
14.24.060 Standard for approval of permit for alternate system in covered area.
On parcels in the covered area where conventional systems cannot be permitted according to the standards set forth in Chapter 14.12, the parcel owner may submit an application for a special design system, an alternate system, or, where applicable, a nonresidential system. Any said application shall be processed according to Section 14.12.040; provided, however, that no application shall be rejected by the health officer, an engineer reviewing the application on behalf of the health officer, the Central Valley Regional Water Quality Control Board, or on appeal the board of supervisors if the applicant has demonstrated to the health officer, reviewing engineer, or board that the proposed system as designed for the specific parcel on which it is to be constructed is not likely to cause a health hazard as defined in Section 14.12.140. The health officer, engineer, or board shall take into account the requirements set forth in Sections 14.24.070 through 14.24.100 for the inspecting, pumping, maintenance and repair of the proposed system required by this chapter as mitigative measures in reviewing the systems. (Ord. 932 §1(part), 1983).
14.24.070 Inspection and administration fee.
The owner of every parcel in the covered area shall pay an annual fee to the county. The fee shall consist of an administration fee for all parcels and an additional inspection fee for improved parcels. The administration and inspection fees shall be established by resolution of the board of supervisors.
If the health officer determines that additional inspection of any system is required and such inspection is carried out, the owner of the parcel on which the system is located shall pay a fee equal to the actual costs of the inspection. Inspection of the construction of any on-site disposal system shall be required by the health officer and shall be paid for by the parcel owner. If the inspection fees collected in County Service Area 3 during any fiscal year exceed the inspection and administrative costs incurred in the fiscal year, the inspection fee established by resolution of the board of supervisors shall be lowered to correspond with actual costs. (Ord. 932 §1(part), 1983).
14.24.080 County inspection.
The health officer shall inspect installed on-site systems in the covered area at least twice annually, once in the dry season and once during the wet season, and shall report in writing to the parcel owner any on-site system which requires pumping, maintenance, or repair. (Ord. 932 §1(part), 1983).
14.24.090 Required pumping.
Every septic tank in the covered area shall be pumped by the owner of the parcel on which the system is located at the owner’s expense at least once every three years and more frequently if required by the health officer based on inspection. In the event of any system’s low usage, or other appropriate condition, the health officer may waive the triennial pumping required by this section. The owner of any parcel whose on-site system is pumped shall file with the health officer a certificate from a registered person or firm acknowledging that the pumping has been accomplished. (Ord. 932 §1(part), 1983).
14.24.100 Parcel owner’s obligations.
Upon written notice by the health officer, the owner of any parcel on which an on-site system is located which system requires pumping, maintenance, or repair, shall pump, maintain or repair the system as required by the health officer, all at the parcel owner’s expense. The pumping, maintenance, and/or repair shall be done within thirty days from the health officer’s giving notice of the requirement therefor and notice to proceed. (Ord. 932 §1(part), 1983).
14.24.110 County may do work at owner’s expense.
In the event that the owner of any parcel in the covered area on which an on-site system is located which system is, in the opinion of the health officer, in need of pumping, maintenance and/or repair, notice thereof has been given to the parcel owner, and the required work has not been done within sixty days of the giving of the notice, the county shall have the right to enter upon the parcel and do such work as is necessary to put the system in good working order. The parcel owner shall be required to pay as a fee the actual costs of the work. (Ord. 932 §1(part), 1983).
14.24.120 Collection of amount owed to county.
In the event that the parcel owner does not make the payment, after a noticed opportunity to be heard thereon by the board of supervisors and using the procedure established by Government Code 25210.77 f, the board may add the unpaid bill to the parcel owner’s property tax statement and the amount shall be collected in the same manner as any property tax. The foregoing notwithstanding, the county does not waive any right to use any available legal or equitable remedy to collect from the parcel owner the amount owing to the county. (Ord. 932 §1(part), 1983).
14.24.130 Revocation of sanitation permit.
In the event that any parcel owner fails to pump, maintain, or repair his/ her system as required in Sections 14.24.070 through 14.24.100, or pay any fee owing to the county incurred as a result of the provisions of this chapter, or if use of the system for any other reason creates a health hazard, the county may, after the parcel owner is given a noticed opportunity to be heard thereon before the board of supervisors, revoke the permit for the system, thereby making the continued use and/or occupation of any building or structure served by the system a violation of law as set forth in Section 14.12.170. (Ord. 932 §1(part), 1983).
14.24.140 Advisory committee.
There is established a citizens’ advisory committee which shall make recommendations to the board regarding the implementation, operation and enforcement of this chapter. The committee shall consist of the board of directors of the Lake Camanche Village Owners Association. (Ord. 932 §1(part), 1983).
14.24.150 Authority of county to contract for services.
The board of supervisors may contract with a qualified engineering firm or other qualified type of entity to carry out the inspection and other field work required by this chapter, which work shall be under the general direction of the health officer. (Ord. 932 §1(part), 1983).