Chapter 13.08 SEWER SERVICE

A. This chapter is intended to provide rules and regulations for the use, maintenance, construction, alteration and repair of all sanitary sewer facilities within the City.

B. In and for the public interest, health and benefit, this chapter shall apply to all sanitary sewer facilities now and hereafter in use within the City. (Ord. 435 § 1, 1988; Ord. 322 § 1, 1976).

13.08.015 Definitions.

For purposes of this chapter, the following words and phrases shall be construed as defined in this section:

A. “Applicant” shall mean a person or entity making application under the provisions of this chapter for a permit for a sewer or plumbing installation. An applicant shall be the owner or an authorized agent of the owner of premises to be served by the sewer for which a permit is requested.

B. “Building lateral” shall mean that portion of a side sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.

C. “Combined sewer” shall mean a sewer designed to receive both surface runoff and sewage.

D. “Contractor” shall mean a person or entity duly licensed by the State to perform the type of work to be done under the permit.

E. “Domestic sanitary sewage” shall mean water-carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all groundwater, surface water, stormwater and industrial wastes.

F. “Garbage” shall mean solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

G. “Geothermal water” shall mean the water discharged from a geothermal well, geyser or spring and/or pools, baths, or sumps that derive all or a portion of their source of water from a geothermal source.

H. “Industrial wastes” shall mean the wastes of producing, manufacturing and processing operations of every kind and nature. It does not include domestic sanitary sewage.

I. “Main sewer” shall mean a public sewer designed to accommodate more than one lateral sewer.

J. “Multiple dwelling” shall mean a building containing more than one kitchen or having facilities for the occupancy of more than one person or family, including, but not limited to, hotels, motels, auto courts, trailer courts, apartment houses, duplexes, roominghouses, boardinghouses, and dormitories.

K. “Outside sewer” shall mean a sanitary sewer beyond the limits of the City not subject to the control or jurisdiction of the City.

L. “Permit” shall mean any written authorization required pursuant to this chapter.

M. “Private sewer” shall mean a sewer serving an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or uses.

N. “Public sewer” shall mean a sewer lying within a street which is controlled by or under the jurisdiction of the City.

O. “Quality characteristics and analyses” shall mean as defined in the latest edition of “Standard Methods for the Examination of Water and Waste Water” published by the American Public Health Association and all sample collection, laboratory procedures and analyses, tests, measurements and data reporting.

P. “Sanitary sewer” shall mean a sewer which carries sewage and to which stormwaters, surface waters and ground waters are not intentionally admitted.

Q. “Sewage” shall mean water-carried wastes from residences, business buildings, institutions and industrial establishments.

R. “Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.

S. “Sewer” shall mean a pipe or conduit for carrying sewage.

T. “Sewer system works” shall mean all facilities owned or controlled by the City except private sewers, for collecting, pumping, treating and disposing of sewage.

U. “Side sewer” shall mean the sewer line beginning at the foundation wall of any building and terminating at the main sewer and includes the building lateral and street lateral together.

V. “Single-family unit” shall mean a place of residence for a single family.

W. “Standard specifications” shall mean a set of documents containing design and construction standards for all sewage works as adopted by the City and as amended from time to time.

X. “Storm sewer” or “storm drain” shall mean a sewer which carries stormwaters and surface waters or groundwaters and drainage, but to which sewage is not intentionally admitted.

Y. “Stormwater” shall mean the water running off or draining from the surface and subsurface of an area during and after a period of rain or irrigation.

Z. “Street lateral” shall mean the portion of a side sewer lying within a public street connecting a building lateral to the main sewer. (Ord. 322 § 1, 1976).

13.08.020 Relief of chapter provisions on application.

A. If, by reason of special circumstances, any provision of this chapter is unjust or inequitable as applied to a particular situation, the aggrieved person may apply to the Council for relief.

B. Any such application must be in writing and must state the special circumstances, the provision complained of, and the relief requested.

C. Upon such application the Council may, to the extent allowed by State and Federal law and regulation, suspend or modify the provision complained of as applied to the situation of the applicant.

D. Such relief granted by the Council may be subject to reasonable conditions specified by the Council and may extend for any period specifically by the Council.

E. No such relief shall extend beyond the date of continuance of the special circumstances which prompted the relief. (Ord. 322 § 1, 1976).

13.08.030 Permit required for installation or repair – Fees.

No public sewer, side sewer, building lateral or other sewage facility shall be installed, altered or repaired within the City without compliance with the Resource Management System codified in Chapter 13.16 CMC. (Ord. 458 § 2(C), 1990; Ord. 435 § 2, 1988; Ord. 322 § 1, 1976).

13.08.035 Plumbing and sewers on private property.

The installation, use, maintenance, repair and inspection of all plumbing and sewers within private property within the City shall be subject to the provisions of this chapter. (Ord. 332 § 1, 1976).

Article II. Permits and Fees

13.08.040 Permits – Required to perform work on sewers.

No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on any street lateral or building lateral without first obtaining a written permit from the City. (Ord. 322 § 1, 1976).

13.08.045 Permit – Application requirements – Issuance.

A. Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the City for that purpose. The applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The City may require the plans, specifications, or drawings as it may deem necessary.

B. If the City determines that the plans, specifications, drawings, descriptions and information furnished by the applicant are in compliance with the ordinances, rules and regulations of the City, including Chapter 13.16 CMC, the City shall issue the permit applied for upon payment of the required fees as fixed in this chapter and Chapter 13.16 CMC. (Ord. 458 § 2(D), 1990; Ord. 322 § 1, 1976).

13.08.050 Permit – Compliance with permit description required.

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer system works, the grade, materials, or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the City Engineer. (Ord. 322 § 1, 1976).

13.08.055 Applicant’s signature constitutes agreement to comply with chapter.

The applicant’s signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this chapter and other ordinances, rules and regulations of the City, and with the plans and specifications the applicant has filed with the application, if any, together with such corrections or modifications as may be made or permitted by the City, if any. Such agreement shall be binding upon the applicant and may be altered only by the City upon written request for alteration from the applicant. (Ord. 322 § 1, 1976).

13.08.070 Fees – Additional connection charges.

A. In addition to any other fees and charges established by the ordinances, rules and regulations of the City, there shall be collected, prior to connection to the sanitary sewer system of the City, special additional connection charges on a front footage basis for any parcel, unit, lot or part of any property that abuts on an existing main sewer or sewer system works of the City constructed by or at the expense of the City for which said parcel, unit, lot or part of any property did not pay its proportionate front footage cost of installation.

B. Said charges shall be collected where the facilities to serve the property consist of a main sewer or any sewer manhole, pumping station or any other sewer facility, together with all appurtenances thereto, which was construed by or for the City in order to coordinate the construction of said facilities with any street improvement program of the City or County, or to meet the requirements of the City for facilities to serve areas under the City General Plan or for meeting the anticipated requirements for sewer service from the City, or for any other reason, which facilities were paid for by the City. The additional connection charge shall be in a sum to be computed by the City on the basis of the actual cost of the installation of said service, sewer lateral, sewer main, manhole or pumping facility, including all expenses incidental thereto and all engineering, legal, inspection and other charges. (Ord. 322 § 1, 1976).

13.08.075 Fees – Special connection charges.

In addition to any other charges established in this chapter, the City may establish special connection charges for any sewer connection when, in the opinion of the Council, the circumstances of such connection constitute unusual conditions or necessitate the payment of charges over and above those established in this chapter. (Ord. 322 § 1, 1976).

13.08.080 Fees – Permit and inspection charges.

A. The schedule of charges for the inspection of all side sewers, lateral sewers, house and trunk and main sewers, shall be in accordance with the requirements contained in a resolution adopted by the Council as presently existing or as hereafter amended.

B. A permit fee shall be paid to the City for issuing a permit and inspecting any work adding to, altering, or extending all existing building sewer installation.

C. In the event any part of the side sewer is installed without the issuance of a permit and the inspection of said sewer, the fee for the issuance of said permit and the inspection of said sewer shall be double the amounts provided in this chapter, plus an additional fee of $100.00. (Ord. 322 § 1, 1976).

13.08.085 Performance guarantee – Public sewer construction.

A. The applicant shall post a surety bond, cash or other security satisfactory to the City to guarantee the faithful performance of any agreement for public main extension entered into with the Council.

B. Said surety bond, cash or security shall be in the sum of 100 percent of the estimated costs of the work, or in such other sum as may be fixed by the Council, and shall, in addition to guaranteeing the faithful performance of the work, guarantee the maintenance of the sewer main for a period of one year following the completion and acceptance of the work by the City. (Ord. 322 § 1, 1976).

13.08.090 Inspection – Requirements – Deposit for public sewer construction.

A. All sewer construction work shall be inspected by an inspector acting for the City to ensure compliance with all requirements of the City. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the City’s public sewer until the work covered by the permit has been completed, inspected and approved by the inspector. If the test proves satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the City Engineer shall issue a certificate of satisfactory completion.

B. For public sewer construction, the owner and/or contractor shall deposit with the Director of Public Works a sum to be fixed by the City Engineer prior to commencement of work. Said sum shall be estimated to equal the cost of inspecting said work and other expenses regularly incurred in connection therewith. The amount to be charged for inspection shall be on a lineal footage basis on all lines of six-inch diameter or more and a flat fee for four-inch street laterals established by resolution adopted by the Council. Should the amount of the deposit be insufficient to pay such costs incurred by the City, the owner and/or contractor shall advance such additional sums as shall be necessary to pay said costs prior to the final inspection of the work. (Ord. 322 § 1, 1976).

13.08.095 Inspection – Notification procedure by owner declaring readiness.

A. It shall be the duty of the person doing the work authorized by permit to notify the office of the Director of Public Works in writing that said work is ready for inspection.

B. Such notification shall be given not less than 24 hours, Saturdays, Sundays and City holidays excluded, before the work is ready to be inspected.

C. It shall be the duty of the person doing the work to make sure that the work will pass the tests required by the City before giving the notification set forth in this section. (Ord. 322 § 1, 1976).

13.08.100 Inspection – Condemnation of work.

When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the City. (Ord. 322 § 1, 1976).

13.08.110 Street excavation permit required.

A separate encroachment permit must be secured from the City and/or any other political subdivision or public agency having jurisdiction thereover by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. (Ord. 322 § 1, 1976).

13.08.115 Nonliability of City.

A. The City and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by such applicant. The applicant shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the work.

B. The applicant shall be answerable for, and shall save the City and its officers, agents and employees harmless from any liability imposed by law upon the City or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision.

C. The applicant shall be solely liable for any defects in the performance of the applicant’s work or any failure which may develop therein.

D. All plumbers shall be held strictly responsible for any and all acts of agents or employees done under this chapter. (Ord. 322 § 1, 1976).

Article III. Use of Public Sewers Required

13.08.120 Deposit of wastes on public or private property unlawful.

It is unlawful for any person to place, deposit, or permit to be deposited upon public or private property within the City, or in any area under the jurisdiction or control of the City, any human or animal excrement, garbage or other objectionable waste. (Ord. 322 § 1, 1976).

13.08.125 Treatment of waste required before discharge.

It is unlawful to discharge in any stream or watercourse any sewage, industrial waste or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this chapter. (Ord. 322 § 1, 1976).

13.08.130 Unlawful disposal of sewage prohibited.

Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. (Ord. 322 § 1, 1976).

13.08.135 Occupancy prohibited pursuant to chapter compliance.

No building, industrial facility, or other structure shall be occupied until the owner of the premises has complied with the requirements of this chapter. (Ord. 322 § 1, 1976).

13.08.140 Conditions when connection to public sewer required.

A. Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this chapter and Chapter 13.16 CMC.

B. A public sewer shall be deemed to be available if a public sewer is located within 200 feet of the property line of the property involved.

C. Regardless of the distance from the closest sewer main, the property owner may petition the Council for an exception to the requirements in subsections (A) and (B) of this section pursuant to the provisions of subsections (E), (F) and (G) of this section based on the following minimum lot sizes:

1. Eighty thousand square feet if both on-site water and wastewater disposal are proposed;

2. Forty thousand square feet if either on-site water or wastewater disposal is proposed, but not both.

D. The following procedures shall be followed for the consideration of petitions for exceptions to the requirements of this section:

1. Petitions shall be filed by the property owner with the Planning and Building Department on forms provided by the Planning and Building Department. Said petition shall be accompanied by materials and information outlined on the application requirements list available in the Planning and Building Department.

2. Said petition shall be considered by the City Council prior to the determination of completeness (pursuant to Section 65943 of the Government Code) of a development application for the property.

3. Petitions shall be considered during a public hearing.

E. The following criteria shall be considered by the City Council in the evaluation of petitions for exceptions to the requirements of this section:

1. The proximity of existing public sewer mains to the subject property;

2. The ability to provide a public sewer main to the site;

3. The likelihood of adjoining property(ies) to develop and the need for the extension of public sewer facilities to accommodate such development;

4. The potential environmental effects resulting from the installation of public facilities given the physical conditions and improvements present at the property including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc. which might present constraints to the extension of public sewer facilities;

5. The physical conditions and improvements present at the property including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc., which might present significant on-going costs for maintenance of the public facilities;

6. The ability to provide public service to the frontage of the adjoining property(ies);

7. The adequacy of the proposed private system to satisfy the requirements of the Napa County Environmental Health Department.

F. The City Council may impose conditions or requirements upon the granting of a petition for an exception to the requirements of this section. Said conditions or requirements may include but shall not be limited to the following:

1. The property owner requesting the exception shall design and install the public sewer main across the frontage of the subject property including the extension, if any, of the public facilities from the existing closest point. Appropriate dedication of right-of-way shall be made to accommodate said installation. Said design, installation and dedication shall occur prior to the occupancy of the new development and shall not be subject to reimbursement or other credit by the City of Calistoga. An agreement for reimbursement from private development may be executed.

2. In the event the property owner does not wish to extend the public sewer main prior to occupancy of the new development, the property owner requesting the exception shall enter into an improvement agreement with the City, in a form acceptable to the City Attorney, to require the design and installation of the public sewer main extension within a reasonable time period of a finding by the City that the public sewer main extension is necessary to support area development. The agreement shall include surety adequate to cover design and construction costs, and shall include a provision for surety increase to cover future design and construction cost inflation.

3. A home owners association (HOA) or other entity or binding agreement, acceptable to the City Attorney, shall be created and maintained in perpetuity to ensure the long term maintenance of the common and/or private facilities (septic systems, sewer lines, etc.). The HOA shall maintain a sufficient fund reserve as determined by the Director of Public Works at all times to ensure that maintenance of the private facilities will occur as necessary. Duties and obligations of the HOA shall be stipulated in covenants, codes and restrictions (CC&Rs) which shall govern the private property. The City of Calistoga shall be a party to the CC&Rs, but shall not be responsible for the enforcement of the document.

4. The property owner requesting the exception shall record a notice which shall run with the deed on the property, and all subsequent parcels resulting from a subdivision of the property, advising subsequent property owners of the lack of public facilities and of the potential for failure of the private system(s). The deed notice shall further advise successor property owners that the City of Calistoga has no obligation to provide public facilities to the property in question even in the event of the failure of the private system(s).

5. The property owner requesting the exception shall execute and record a hold harmless agreement with the deed of the property, and all subsequent parcels resulting from a subdivision of the property. Said agreement shall relieve the City of Calistoga of any and all liability, which might arise from the use, and or failure of the private system(s). Said hold harmless agreement shall be in a form acceptable to the City Attorney and shall be recorded prior to occupancy of any new development of the subject property. (Ord. 578 § 1, 2001; Ord. 458 § 2(E), 1990; Ord. 322 § 1, 1976).

Article IV. Private Sewage Disposal

13.08.145 Connection to private system when public sewer not available.

Where a public sewer is not available, as defined in CMC 13.08.140, the sewer of any structure located within the City shall be connected to a private sewage disposal system complying with the provisions of this chapter. (Ord. 322 § 1, 1976).

13.08.150 Permit – Required before commencement of work.

Before the commencement of construction of a private sewage disposal system, the owner or builder shall first obtain a written permit issued by the City Engineer and/or the Director of Public Works and/or the Health Officer of the City. (Ord. 322 § 1, 1976).

13.08.155 Permit – Conditions for revocation.

Any permit to construct and/or use a private sewage disposal system issued pursuant to this chapter may be revoked upon certification by the City Engineer and/or Director of Public Works and/or Health Officer that such system is not adequate for the purpose for which it was intended, or is not in operating condition, or constitutes a hazard to the health of any person, or constitutes a public or private nuisance. (Ord. 322 § 1, 1976).

13.08.160 Inspection requirements.

A. No private sewage disposal system shall be placed in use until the installation is inspected and approved by the City Engineer and/or the Director of Public Works and/or the Health Officer.

B. The City shall be allowed to inspect the work at any stage of construction.

C. The City shall be notified by the applicant when the work is ready for final inspection and before any underground portions are covered. (Ord. 322 § 1, 1976).

13.08.165 Design requirements.

A. The type, capacities, locations and layout of a private sewage disposal system shall comply with all requirements of the Department of Public Health of the State and of the Health Officer.

B. No private sewage disposal system shall be permitted to discharge to any public sewer or any stream or watercourse. (Ord. 322 § 1, 1976).

13.08.170 Abandonment of facility.

In the event use of any private sewage disposal system is discontinued or abandoned by reason of connection to a public sewer or for any other reason, such private sewage disposal system, whether or not is predates the effective date of the ordinance codified in this chapter, shall be abandoned and filled in a manner prescribed by the City Engineer and/or the Director of Public Works and/or the Health Officer. (Ord. 322 § 1, 1976).

13.08.175 Maintenance of system by owner.

The owner of a private sewage disposal system shall, at the owner’s expense, maintain such system in a manner consistent with the requirements and overall purpose of this chapter. (Ord. 322 § 1, 1976).

Article V. Building Laterals, Street Laterals and Connections

13.08.185 Permit required.

No person shall construct a building lateral, street lateral or make a connection with any public sewer without first obtaining a permit therefor from the City and paying all fees and connection charges required by the City. (Ord. 322 § 1, 1976).

13.08.190 Design and construction requirements.

Design and construction of building laterals and street laterals shall be in accordance with the requirements of the City as adopted from time to time. (Ord. 322 § 1, 1976).

13.08.195 Separate sewers.

Every structure to be connected to a public sewer shall be separately and independently connected with a public sewer; excepting, where two or more structures are located on the same parcel of land, the requirement of separate connections may be waived by the City. (Ord. 322 § 1, 1976).

13.08.200 Old laterals.

Old laterals may be used in connection with new construction if they are found, upon examination and test, to meet all requirements of the City. (Ord. 322 § 1, 1976).

13.08.205 Cleanouts.

Cleanouts of building laterals shall be provided in accordance with the regulations and requirements of the City as amended from time to time. (Ord. 322 § 1, 1976).

13.08.210 Gravity flow.

A. In any structure in which any building lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building lateral shall be lifted by artificial means approved by the City.

B. Such artificial means shall be supplied at the expense of the owner. (Ord. 322 § 1, 1976).

13.08.215 Connection to public sewer.

A. Any connection into a public sewer shall be made in accordance with the requirements of the City as adopted from time to time and at the applicant’s expense.

B. Any damage to the public sewer caused by such connection shall be repaired in accordance with the requirements of the City at the cost of the applicant. (Ord. 322 § 1, 1976).

13.08.220 Maintenance of side sewers.

Side sewers shall be maintained by the owner of the property served thereby. (Ord. 322 § 1, 1976).

Article VI. Public Sewer Construction

13.08.225 Permit required.

A. No person shall construct or extend any public sewer without first obtaining a written permit from the City and paying all fees and connection charges and furnishing all bonds as required by the City.

B. This section shall not apply to contractors constructing sewers and appurtenances under contracts entered into by the City. (Ord. 322 § 1, 1976).

13.08.230 Design and construction standards.

A. Minimum standards for the design and construction of sewers within the City shall be in accordance with the Standard Improvement Details adopted by the City and as amended from time to time.

B. Copies of such requirements shall be available to the public at the office of the City Clerk.

C. The City may, with the consent of the Council, permit modifications or require higher standards where unusual conditions are encountered. (Ord. 322 § 1, 1976).

13.08.235 Plans, profiles and specifications required.

A. The application for a permit for public sewer construction shall be accompanied by two complete sets of plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the City, prepared by a civil engineer registered in the State, showing all details of the proposed work based on an accurate survey of the ground.

B. The application, together with the plans, profiles and specifications shall be examined by the City Engineer, who shall within 30 days approve them as filed or require them to be modified as the City Engineer deems necessary for proper installation.

C. After examination by the City Engineer, the application, plans, profiles and specifications shall be submitted to the Council at its next regular meeting for its consideration.

D. When the Council is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds and deposits as required by the Council.

E. The permit shall prescribe such terms and conditions as the Council finds necessary in the public interest. (Ord. 322 § 1, 1976).

13.08.240 Subdivisions.

A. The requirements of the provisions set forth in CMC 13.08.235 shall be fully complied with before any final subdivision map is approved by the Council.

B. The final subdivision map shall provide for the dedication for public use of streets in which public sewer lines are to be constructed.

C. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the Council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. (Ord. 322 § 1, 1976).

13.08.245 Easements or rights-of-way.

In the event an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the Council a proper easement or grant of right-of-way having a minimum width of 15 feet sufficient in law to allow the laying and maintenance of such extension or connection. (Ord. 322 § 1, 1976).

13.08.250 Persons authorized to perform work.

A. Only properly licensed contractors shall be authorized to perform the work of public sewer construction within the City.

B. All terms and conditions of the permit issued by the Council to the applicant shall be binding on the contractor.

C. The requirements of this section shall apply to side sewer installed concurrently with public sewer construction. (Ord. 322 § 1, 1976).

13.08.255 Compliance with local regulations.

A. Any person or entity constructing, repairing, altering, bringing into conformance with this chapter or maintaining any sewer or part thereof, shall comply with all Federal, State, County and City laws, ordinances, rules and regulations pertaining thereto, and shall obtain all permits and pay all fees required by any and all departments having jurisdiction prior to the issuance of any and all permits by City.

B. Any person or entity constructing, repairing, altering, bringing into conformance with this chapter or maintaining any sewer within a street, shall comply with all Federal, State, County and City laws, ordinances, rules and regulations pertaining to the cutting or pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof, and shall obtain all permits and pay all fees required by any and all departments having jurisdiction prior to the issuance of any permits by City. (Ord. 435 § 3, 1988; Ord. 322 § 1, 1976).

13.08.260 “As-built” drawings.

As a condition of final acceptance by the Council, two sets of “as-built” drawings showing the actual locations of all mains, structures, wyes, laterals, and other changes to the construction drawings, shall be filed with the City. (Ord. 322 § 1, 1976).

13.08.265 Completion of sewer system works required.

Before acceptance of any sewer system works by Council and prior to the admission of any sewage into the system, the sewer system works shall be tested and shall be complete in full compliance with all requirements of the City. (Ord. 322 § 1, 1976).

13.08.270 Reimbursement agreement.

A. Where the cost of the public sewer main extension has been deposited or paid by the person making such extension, the City may thereafter collect from any person connecting to such extension, except the person originally installing such extension, that fraction of the cost of such extension, as approved by the City, as the amount of front footage owned by such person subsequently connecting to such extension bears to the total amount of front footage held by potential users along the extension as determined by the City as of the time the extension is connected to the City sewer system. Such sums as are thus actually received by the City shall be paid by the City to the person originally making such extension, but the City shall in no way be obligated to assure that the person making such extension is paid the total cost thereof nor to initiate any action nor incur any expense to collect any sum to be paid such person; nor shall such refund be made from any other revenues of the City.

B. Where more than one person contributes toward the making of the extension, such sums as are actually collected shall be refunded to such persons, pro rata, according to the amounts which they severally contribute towards the cost of the extension and pursuant to the plan set forth in subsection (A) of this section. (Ord. 656 § 2, 2009; Ord. 322 § 1, 1976).

13.08.275 Special reimbursement agreements.

The City may, where special conditions exist, upon approval by the Council, enter into a special reimbursement agreement with the person making the public sewer extension. (Ord. 322 § 1, 1976).

Article VII. Use of Public Sewers for Domestic, Commercial and Industrial Waste Discharges

13.08.280 Objective.

A. It is the objective of the City to regulate and control the quantity and quality of discharges into the sewer system so that they will not adversely affect the various collection, transmission, treatment or discharge requirements, or environmental conditions, and will permit the City to treat wastewater pursuant to the requirements of the State or Federal government, and their designated agencies.

B. Adverse affects can occur to:

1. The health and safety of personnel employed in the operation and maintenance of the sewage collection, transmission, and treatment facilities;

2. The operational cost, maintenance and durability of collection, transmission and treatment facilities;

3. The quality of the receiving waters as measured by the requirements established by the State and Federal government through their properly designated and responsible agencies;

4. The air quality as measured by the requirements established by the State and Federal government through their properly designated and responsible agencies.

C. It is the general intent of the City to provide for collection and treatment of domestic sanitary sewage and commercial and industrial wastewaters in such a way as to avoid adverse effects on the system and to provide equitable charges for the costs incurred. (Ord. 322 § 1, 1976).

13.08.285 Authority.

The ordinance codified in this chapter is adopted under authorization of Government Code Sections 54344 et seq., and Health and Safety Code Sections 5471 et seq. (Ord. 322 § 1, 1976).

13.08.290 Permits to discharge other than domestic discharges into sewer system.

Permits to discharge into the sewer system of the City anything but domestic sewage will only be granted in accordance with, and in consideration of, the special conditions of each case, and shall be subject to reasonable rules, regulations and requirements to prevent excessive alkalinity, acidity, organic, inorganic, odor producing, toxic or other deleterious substances. (Ord. 322 § 1, 1976).

13.08.295 Acceptable wastes – Limits for domestic sanitary sewage.

The physical, chemical and biological characteristics of domestic sanitary sewage shall be based on a daily composite average of the discharge and shall conform to the limits set forth by the State Water Resources Control Board, to be adopted by the Council by resolution from time to time.

13.08.300 Prohibited wastes – Generally.

A. Except as otherwise provided in this chapter, no person shall discharge or cause to be discharged any of the water or wastewaters set forth in CMC 13.08.305 through 13.08.380 into public sewers.

B. The list of prohibited wastes set forth in this chapter may be amended by resolution of the Council, and shall be deemed automatically amended to conform with Federal and State mandates as the same may from time to time be changed. (Ord. 435 § 4, 1988; Ord. 322 § 1, 1976).

13.08.305 Prohibited wastes – Rainwater or uncontaminated water.

A. No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, yard drainage, water from yard fountains, geothermal well water, ponds or lawn sprays or any other uncontaminated water into any sewer system facility which directly or indirectly discharges to facilities owned by the City.

B. The provisions of this section shall apply only to sanitary sewers. (Ord. 322 § 1, 1976).

13.08.310 Prohibited wastes – Explosive and flammable substances.

Any gasoline, benzine, naphtha, fuel oil, or other flammable or explosive solid, liquid, or solvent with a flashpoint of less than 100 degrees Fahrenheit are prohibited. (Ord. 322 § 1, 1976).

13.08.315 Prohibited wastes – Corrosive materials.

Any waste having a pH of lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the City are prohibited. (Ord. 322 § 1, 1976).

13.08.320 Prohibited wastes – Obstructions and interferences.

Solids or viscous substances in quantities or of such size capable of causing obstruction with the proper operation of the sewer system works such as, but not limited to, ashes, cinders, sand, rocks, gravel, mud, straw, shavings, sawdust, oil, grease, metal, glass, rags, hair, hides, wood, feathers, tar, plastics, wood, unground garbage, paper dishes, cups, containers, etc., either whole or ground by a garbage grinder are prohibited. (Ord. 322 § 1, 1976).

13.08.325 Prohibited wastes – Garbage.

A. Any garbage excepting properly shredded garbage from dwellings or restaurants engaged in the preparation of foods and beverages for consumption are prohibited.

B. Properly shredded garbage shall contain no more than five percent (dry weight basis) of material and be able to pass through a three-eighths-inch screen. (Ord. 322 § 1, 1976).

13.08.330 Prohibited wastes – Petroleum products.

Any mineral oils, grease or products of a petroleum origin or any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products, or cutting oils, commonly called soluble oil, which form persistent water emulsions, are prohibited. (Ord. 322 § 1, 1976).

13.08.335 Prohibited wastes – Suspended solids.

A. Suspended solids discharged in industrial process wastewater shall have a dimension no larger than that of one-quarter-inch mesh.

B. In addition, any industrial or commercial process water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials in the collection system and/or at the sewage treatment plant are prohibited. (Ord. 462, 1991; Ord. 322 § 1, 1976).

13.08.340 Prohibited wastes – Cooling water, geothermal water and swimming pool drains.

Uncontaminated cooling water, geothermal water or swimming pool drains, unless special permission has been granted by the City Engineer, are prohibited. (Ord. 322 § 1, 1976).

13.08.345 Prohibited wastes – Toxic substances.

Any waters or wastes containing toxic or poisonous substances in sufficient quantity to injure or interfere with or create any hazard in the sewage treatment processes, effluent quality, or receiving water quality requirements to humans, animals, or plant life are prohibited.

A. The maximum concentration of any toxic substances allowable by any discharger for admission into the sewer system shall be as set forth by the State Water Resources Control Board, to be adopted by the Council by resolution from time to time.

B. The maximum allowable concentration of toxic or potentially toxic materials not otherwise specified by the State will be determined on an individual basis. No industrial wastes shall be discharged which have a lethal toxicity as determined by a 96-hour static bioassay with stickleback of less than a 25 percent concentration of wastewater. (Ord. 435 § 5, 1988; Ord. 322 § 1, 1976).

13.08.350 Prohibited wastes – Chemical pesticides and similar toxicants.

No chlorinated hydrocarbon, organophosphate or similar chemical compounds used as alaecides, bacteriocides, fungicides, herbicides, insecticides or pesticides shall be discharged into the sewer system in any concentration except as specifically approved by a written permit. (Ord. 322 § 1, 1976).

13.08.355 Prohibited wastes – Oxidizing and reducing agents.

Strong oxidizing and reducing agents shall not be discharged into the sewer system at concentrations exceeding the concentrations established by Council resolution, except by special permit. (Ord. 322 § 1, 1976).

13.08.360 Prohibited wastes – Radioactive wastes – Report of accidental discharge.

A. Radioactive wastes of any kind shall not be discharged, except where:

1. The person is authorized to use radioactive materials by the State Department of Public Health, Atomic Energy Commission, or other governmental agency empowered to regulate the use of radioactive materials;

2. The waste is discharged in strict conformity with current State Department of Public Health and Atomic Energy Commission recommendations for safe disposal of radioactive wastes;

3. The person discharging the radioactive waste assumes full responsibility for any injury to personnel or damage to the sewer system that may result from such discharge;

4. Radioactivity of the treated wastewater prior to disposal does not exceed limits established by the designated agencies of the State; and

5. Residual radioactivity is within limits permitted by State or local regulation in final disposal.

B. Any person discharging a radioactive waste into the sewer system in accordance with the provisions of subsection (A) of this section shall apply for a permit to discharge such wastes, and submit a periodic report of discharge occurrences and quantities. In the event of an accidental spill of any radioactive material into the sewer system, the person responsible shall immediately notify the Director of Public Works. (Ord. 322 § 1, 1976).

13.08.365 Prohibited wastes – Nondegradable wastes.

Any water or wastes containing substances which are not amenable to treatment or which cause the treatment plant effluent to fail to meet any discharge requirements established by the State or the United States federal government are prohibited. (Ord. 322 § 1, 1976).

13.08.370 Prohibited wastes – Unusual waste concentration.

Materials are prohibited which exert or cause:

A. Unusual concentrations of inert suspended solids;

B. Excessive discoloration;

C. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment plant; or

D. Unusual volume of flow or slugs; as used in this section, “slugs” shall mean any discharge of water, sewage or waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flow during normal dry weather operation. (Ord. 322 § 1, 1976).

13.08.375 Prohibited wastes – Noxious and malodorous substances.

Any noxious or malodorous substances which by themselves or by interaction with other wastes may create a public nuisance or hazard or make human entry into the sewers or other sewer system appurtenances extraordinarily hazardous are prohibited. (Ord. 322 § 1, 1976).

13.08.380 Prohibited wastes – Extreme temperatures.

Any wastewater with a temperature exceeding 150 degrees Fahrenheit or a temperature lower than 33 degrees Fahrenheit are prohibited. (Ord. 322 § 1, 1976).

13.08.385 Restricted waste discharges.

A. Any substances in any commercial or industrial waste discharge which may result in operational costs and maintenance of sewage collection and treatment facilities in excess of that required for normal domestic sanitary sewage of waste concentration as listed in Section 704.A of the Federal Water Pollution Control Act Amendments of 1972 or with any of the prohibited waste characteristics as listed in Section 705 of the Federal Water Pollution Control Act Amendment of 1972, and/or having an average daily flow greater than one-half percent of the average daily dry weather flow of the City shall be subject to the review and approval of the City.

B. Any or all of the following restrictions may be required by the City for acceptance of the wastewater into the sewer system:

1. Pursuant to Section 307(b) of the Federal Water Pollution Control Act Amendments of 1972, as presently existing or subsequently amended, all pretreatment for incompatible pollutants discharged at each industrial plant site to the public sewer shall be consistent with the effluent guidelines published by the Environmental Protection Agency pursuant to Sections 301(b) and 304(b) of the Act.

2. Limitation of the volume and rate of flow discharging into the sewer system shall limit and equalize extremes of flow and waste concentration.

3. A payment shall be required in an amount established by the Council to cover the added cost of handling and treating the wastes. If the City requires pretreatment or equalization of flow, the design and installation of the plants and equipment shall be subject to the review and approval of the City and no construction of such facilities shall commence until said approval is obtained in writing.

4. When the discharge of a commercial waste causes an obstruction, damage or other impairment to the sewer system, the City may assess a reasonable charge against the discharger for the work required to clean or repair the facility.

5. The City may limit the quantity and rate of any waste discharge, when in its judgment, the capacity of any part of the sewer system would be overtaxed by the discharge, or the quantity or rate of discharge would impose a disproportionate cost to the operation of the sewer system. In addition to commercial and industrial waste discharges, the provisions of this subdivision shall apply to septic tank pumpages, swimming pool drainage, cooling water, geothermal water discharges, or other discharges from building heating, cooling or air conditioning systems. Discharge of any waste covered by this section shall not be discharged into the sewer system until after specific approval of the quantity and procedures proposed has been granted by the City. (Ord. 322 § 1, 1976).

13.08.395 Geothermal or mineralized water discharges.

A. The City is required to utilize land irrigation as a method of wastewater effluent disposal during the summer dry season when there is insufficient flow for dilution in the Napa River, and it is therefore necessary to limit the concentration of boron, total dissolved solids, chlorides and sulfates that could have a toxic effect upon plant growth or degrade groundwater that could otherwise be used as a source of irrigation water.

B. Regulations pertaining to restriction of boron content as set forth in CMC 13.08.345 and other sections of this chapter shall be strictly enforced.

C. No person or entity shall by any connection, use, maintenance, construction, alteration or repair of sanitary sewer facilities, discharge or cause to be introduced into the sanitary sewer system any substance or material which has an element of chloride or sulfate exceeding 250 milligrams per liter, or of total dissolved solids that would exceed 500 milligrams per liter. All such discharges are prohibited. (Ord. 435 § 6, 1988; Ord. 322 § 1, 1976).

13.08.400 Implementing provisions – Waste discharge report.

A. When required by the City, a discharger shall complete and file with the City, within 30 days after written notification, a waste discharge report acceptable to the City. The City may require additional information as a part of the report if, in the opinion of the City, insufficient information has been provided. On written request, the City may extend the time for filing an additional 30 days. The waste discharge report shall include, but not be limited to, nature of the process, volume, rates of flow, substances and concentrations in the waste discharge. The foregoing examples are in explanation and not in limitation of the information which the City may require.

B. The City may, if the discharger fails to file a waste discharge report, after notice, take action as set forth in Article XII, Section 1203, Disconnection, of the Federal Water Pollution Contract Act Amendments of 1972. (Ord. 322 § 1, 1976).

13.08.405 Implementing provisions – Sampling facilities.

A. A discharger of any industrial waste shall at the discharger’s own expense, install a sampling manhole and other metering and monitoring equipment to facilitate observation, sampling, and measurement of the discharger’s waste.

B. Such sampling facility shall be acceptable to the City for the purposes required, shall be safely located, accessible at all times, and constructed in a manner and with materials in conformance with City regulations.

C. These facilities shall be maintained in good condition at all times by the discharger at the discharger’s expense.

D. Sampling facilities shall be installed within 90 days after notice by the City. (Ord. 322 § 1, 1976).

13.08.410 Implementing provisions – Notice of violation.

A. Whenever the Director of Public Works finds that discharge of any waste is, or threatens to become, a public nuisance or a violation of established requirements, including but not limited to, the ordinance codified in this chapter, other ordinances and resolutions, the Director of Public Works shall issue an order specifying such nuisance, violations, or threatened violations, and ordering compliance within the time schedule specified therein.

B. Noncompliance with such order shall constitute a violation of this chapter. (Ord. 322 § 1, 1976).

13.08.415 Implementing provisions – Serious and immediate hazards.

Notwithstanding the provisions of any other section of this chapter, whenever in the judgment of the Director of Public Works it appears that any waste discharge has an adverse affect on the life, health or safety of any person, or to the sewer system, the Director of Public Works is empowered to terminate service immediately. (Ord. 322 § 1, 1976).

13.08.420 Implementing provisions – Maintenance of pretreatment facilities.

Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense and to the satisfaction of the City. (Ord. 322 § 1, 1976).

13.08.425 Implementing provisions – Traps and interceptors required.

A. Grease, oil, sand traps and interceptors shall be provided for the following business or processes:

1. Restaurants;

2. Carwashes;

3. Breweries;

4. Mud baths;

5. Bottling plants.

In addition to those businesses or processes listed above, suspended solids that meet the criteria of CMC 13.08.335 shall be removed prior to entering the sewer system, except that such traps or interceptors shall not be required for buildings used for residential purposes.

B. All traps and interceptors shall be of a type and capacity designated by the Uniform Plumbing Code (UPC), and shall be located as to be readily and easily accessible for cleaning and inspection. Other traps and/or interceptors may be used as per Section 201(E) of the UPC. In existing facilities where it can be proven by the owner that the size of trap or interceptor required by the UPC cannot be installed based on unreasonable hardship or if an existing system can be shown to be effective, a smaller capacity grease trap may be installed if the owner implements a daily monitoring program. The duration of the daily monitoring program shall be for a period of one month or until the trap has been cleaned four times. The data obtained from the monitoring program shall be recorded and used to establish a maintenance schedule. The data and maintenance schedule shall be submitted to the Department of Public Works for approval. (Ord. 462, 1991; Ord. 322 § 1, 1976).

13.08.430 Implementing provisions – Maintenance of traps and interceptors.

All grease, oil, sand traps and interceptors shall be maintained by the owner, at the owner’s expense, in continuously efficient operation at all times. Any chemicals, bacteria or enzymes used in the treatment of grease shall be approved by the Director of Public Works. The owner shall keep maintenance records. The maintenance records shall contain the following information: when the trap or interceptor was cleaned, how much grease was removed, how much and when any pretreatment was used. The grease shall be disposed of to a licensed grease/oil recycling firm. Other methods of grease disposal may be used if first approved by the Department of Public Works. The method of disposal shall be verified by invoice and be kept with the maintenance records. Maintenance records shall be maintained on the premises and be available for inspection by a representative of the City. The City shall make at least one unannounced inspection a year to verify compliance with the above requirements. (Ord. 462, 1991; Ord. 322 § 1, 1976).

13.08.432 Inspection and permit fees.

Permit fees and inspections shall be required as adopted by the City and the UPC, except that for existing businesses permit fees shall be waived if the installation is performed by a licensed plumber. Permit applications shall be submitted with grease trap/interceptor sizing calculations. (Ord. 462, 1991).

13.08.435 Implementing provisions – Measurements and tests.

A. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” and shall be determined at the control manhole provided for, or upon suitable samples taken at said control manhole.

B. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. (Ord. 322 § 1, 1976).

13.08.440 Implementing provisions – Special agreements.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern and subject to such terms and conditions as might be required by the City. (Ord. 322 § 1, 1976).

13.08.450 Accidental discharges.

A. Each discharger shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Where necessary, or as directed by the City, retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes discharged in violation of this chapter shall be installed.

B. Dischargers shall notify the Director of Public Works immediately when accidental discharges of wastes in violation of this chapter occur so that countermeasures may be taken by the City to minimize damage to the sewer system, treatment plant, treatment processes and the receiving waters. Such notification will not relieve dischargers of liability for any expense, loss or damage to the sewer system, treatment or treatment process, or for any fines or judgments imposed on the City on account thereof under Sections 13304 et seq., of the California Water Code or for violation of Section 5650 of the California Fish and Game Code.

C. In the event of accidental discharge in violation of this chapter, the discharger shall furnish the City, within 15 days of the date of occurrence, a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences.

D. In order that employees of dischargers are more fully informed of City requirements, copies of the ordinance codified in this chapter shall be permanently posted on bulletin boards of each discharger together with such other industrial waste information and notices which may be furnished by the City from time to time directed toward more effective water pollution control.

E. Sewer connections within the discharger’s plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this chapter. (Ord. 322 § 1, 1976).

13.08.455 Changes in pretreatment and waste discharge requirements.

A. The provisions contained in this chapter relating to pretreatment and to prohibited waste discharges and as to limitations and restrictions on waste discharges are subject to regulations by State and Federal authorities and are subject to the terms and conditions of the National Pollution Discharge Elimination System permit heretofore issued to the City.

B. Should the State or Federal regulations be modified or should the National Pollution Discharge Elimination System permit be amended, the requirements of this chapter shall be suspended to the extent that such new regulations or amendments to the permit shall be immediately applicable upon the effective date of such State or Federal regulations or of the amendment to the National Pollution Discharge Elimination System permit. (Ord. 322 § 1, 1976).

Article VIII. Outside Sewers

13.08.495 Special outside agreements.

Where special conditions exist relating to any outside sewer, they shall be the subject of special contract between the applicant and the City, and the applicant shall be charged for sewage service in the same degree and manner as others now within the City boundaries. (Ord. 322 § 1, 1976).

Article IX. Miscellaneous Provisions

13.08.500 Protection from damage.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the City’s sewer system works. (Ord. 322 § 1, 1976).

13.08.505 Powers and responsibilities of inspectors.

A. The officers and duly authorized employees of the City shall carry evidence establishing their position as authorized representatives of the City and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing and otherwise performing such duties as may be necessary in the enforcement of the provisions of this chapter.

B. Upon being notified by the Director of Public Works of any defect arising therefrom in any sewer or of any violation of this chapter, the person(s) having charge of said work shall immediately correct the same. (Ord. 322 § 1, 1976).

Article X. Exception Permits

13.08.510 Conditions for granting.

A. Any person or entity may apply to the Council for a permit authorizing exceptions to the requirements and proscriptions of this chapter.

B. The Council may grant such a permit if, after investigation, the Council determines that:

1. A water shortage emergency condition prevails within the area served by the municipal water system of the City;

2. The requirements and/or proscriptions of this chapter have worked or threaten to work a hardship upon the applicant or upon the residents of the City in general; and

3. The granting of an exception permit will not materially undermine the objectives and purposes of the sanitary code. (Ord. 333 § 2, 1977).

13.08.515 Applicant to furnish necessary guarantees and securities.

A. Any exception permit so granted by the Council may be subject to conditions which shall be specified in the granting of any such permit.

B. The Council shall have the authority to include as conditions such guarantees and securities to be furnished by the applicant as the Council deems appropriate under the circumstances. (Ord. 333 § 2, 1977).

13.08.520 Council authority.

A. The Council shall prescribe necessary procedures for application for and use of exception permits under this article.

B. The Council may delegate the authority to issue exception permits under this article under the criteria specified herein to the Director of Public Works or to such other public official as it deems appropriate.

C. In the event of such delegation, any decision of any such official relating to an exception permit under this article may be appealed to the Council by the applicant or by any citizen by filing a written notice of appeal with the City Clerk within 10 days of the official’s decision. (Ord. 333 § 2, 1977).

Article XI. Enforcement

13.08.525 Violation – Penalty.

A. Every violation of this chapter or any regulation adopted pursuant to this chapter shall subject the violator to a fine to be not less than $50.00 nor more than $1,000 per day, to be determined by the Council. If the City is required to pay a monetary amount to any governmental entity as a result of such violation the violator shall pay the amount required of the City in addition to the fine imposed above.

B. Additionally, and at the discretion of the Council, any such violation may be criminally prosecuted as a misdemeanor. (Ord. 435 § 16, 1988; Ord. 322 § 1, 1976).

13.08.530 Procedures for correction of violation.

The City may serve the violator with written notice stating the nature of the violation and demanding satisfactory correction thereof. Such correction must be made within seven working days of service of such notice. In the event any such violation is not corrected within such time limit in such manner that the conditions conform to the standards prescribed by this chapter, the City may undertake to make such corrections and all expenses of City in connection therewith shall be and be come a lien against the real property on which the violations are located. The lien shall be evidenced by a notice of claim of lien recorded in the office of the County Recorder of the County, specifying the amount of the lien, a description of the real property involved, the common street address or designation of such real property, if any, and the name of the owner or reputed owner of such real property. (Ord. 322 § 1, 1976).

13.08.535 Public nuisance.

Continued habitation or use of any structure in violation of the provisions of this chapter is a public nuisance. (Ord. 322 § 1, 1976).

13.08.540 Authority to disconnect use in violation of chapter.

A. The City may disconnect any use to the sewer mains of the City if the user is in violation of this chapter or regulations made pursuant to this chapter.

B. Upon such disconnection, the user may not be reconnected to the system except upon payment of all costs in connection with such disconnection and payment of the fees and charges prescribed in this chapter for connection to the system. (Ord. 322 § 1, 1976).

13.08.545 Liability for violations.

Any person violating any provision of this chapter or regulations adopted pursuant to this chapter shall hold the City harmless from and defend the City against the liability, claim, loss or damage occasioned to any person by reason of such violation and shall reimburse the City for any expense, loss or damage occasioned by the City by reason of such violation. (Ord. 322 § 1, 1976).