Division II. Public Sewers*
Chapter 13.20
GENERAL PROVISIONS
Sections:
13.20.020 Purpose of provisions.
13.20.030 Scope of provisions.
13.20.040 Sewage disposal policy.
13.20.050 Disposal of wastes generally.
13.20.080 Occupancy prohibited in nonconforming buildings.
13.20.090 Filling abandoned disposal systems required.
13.20.100 Cesspools deemed nuisance.
13.20.110 Disconnection to enforce provisions.
13.20.130 Disconnection deemed enforcement only.
13.20.140 Interference with system prohibited.
13.20.160 Inspectors – Generally.
13.20.170 Inspectors – Powers and authorities.
13.20.180 Relief from provisions – Application.
13.20.190 Relief from provisions – Council action.
13.20.200 Violations – Citation and correction.
13.20.210 Violations – Liability.
* For statutory provisions on sewerage systems, see Health and Safety Code § 5470 et seq.; for provisions authorizing cities to construct and maintain drains and sewers, see Government Code § 38900 et seq.
13.20.010 Citation.
The ordinance codified in this division shall be known as the “Sanitary Code of the City of Fortuna.” (Ord. 76-360 § 205).
13.20.020 Purpose of provisions.
A. The purpose of this division is to provide for the maximum possible beneficial public use of the city’s facilities through adequate regulation of sewer construction, sewer use, and industrial wastewater discharges; to provide for equitable distribution of the city’s costs; and to provide procedures for complying with requirements placed upon the city by other regulatory agencies.
B. The rules and regulations set forth in this division respecting sewer construction, disposal of sewage, drainage of buildings, and connection to the sewage works of the city are adopted, and all work in respect thereto shall be performed as required in this division and not otherwise. (Ord. 76-360 §§ 201, 202).
13.20.030 Scope of provisions.
A. This division shall be interpreted in accordance with the definitions set forth in Chapter 13.24 FMC.
B. The provisions of this division shall apply to the direct or indirect discharge of all liquid-carried wastes to facilities of the city. This division, among other things, provides for the regulation of sewer construction in areas within the city, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharges and of other miscellaneous permits and the establishment of penalties for violation of this division. (Ord. 76-360 § 203).
13.20.040 Sewage disposal policy.
A. The city operates systems of trunk and collector sewers serving homes, industries and commercial establishments throughout a major portion of the city. Also, the city has built and operates wastewater treatment and disposal facilities.
B. Generally, liquid wastes originating within the city’s boundaries will be removed by the city’s sewerage systems provided the wastes will not:
1. Damage structures;
2. Create nuisances such as odors;
3. Menace public health;
4. Impose unreasonable collection, treatment or disposal costs on the city;
5. Interfere with wastewater treatment processes;
6. Exceed quality requirements set by regulatory government agencies; or
7. Detrimentally affect the local environment;
C. The highest and best use of the city’s sewerage systems is the conveyance, treatment and disposal of domestic wastewater. The use of the city’s sewerage systems for industrial wastewater discharges is subject to further regulation by the city.
D. To comply with stated policies of the federal government and to permit the city to set increasingly higher standards of treatment plant effluent quality, provisions are made by this division for the regulation of industrial wastewater discharges. This division establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the city’s sewerage systems or effluent quality. Methods of cost recovery from industrial wastewater dischargers are also established by separate resolution where the discharges impose inequitable collection, treatment, or disposal costs on the city.
E. Optimum use of the facilities of the city may necessitate that the city require that certain industrial wastewaters be discharged during periods of low flow in the sewerage systems of the city. (Ord. 76-360 § 204).
13.20.050 Disposal of wastes generally.
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste. (Ord. 76-360 § 301).
13.20.060 Treatment required.
It is unlawful to discharge to any stream or watercourse any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this division. (Ord. 76-360 § 302).
13.20.070 Sewer required.
A. The owner of any building situated within the city and abutting on any street in which there is now located or may in the future be located a public sewer of the city, is required at his expense to connect the building directly with the proper public sewer in accordance with the provisions of this division within 90 days after date of official notice to do so; provided, that the building is within 1,000 feet of the public sewer.
B. It is unlawful for any person whose building is required to be connected to a public sewer under this section to connect to, construct, install or provide, maintain and use any other means of sewage disposal from the building except by connection to a public sewer in the manner as provided in this division. (Ord. 76-360 §§ 207, 305).
13.20.080 Occupancy prohibited in nonconforming buildings.
No building, industrial facility, or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of the city. (Ord. 76-360 § 304).
13.20.090 Filling abandoned disposal systems required.
Where a sewage disposal system is abandoned consequent to connecting with the public sewer, the applicant making the connection shall fill the abandoned septic tank as required by the county health officer within 30 days from the time of connecting to the public sewer. Every abandoned building sewer or part thereof shall be plugged or capped in an approved manner within five feet of the property line. (Ord. 76-360 § 306).
13.20.100 Cesspools deemed nuisance.
It is declared that whenever any area in the city is provided with a sewerage system the further maintenance or use of cesspools or other local means of sewage disposal is a public nuisance. (Ord. 76-360 § 1002).
13.20.110 Disconnection to enforce provisions.
As an alternative method of enforcing the provisions of this division or any other ordinance, rule or regulation of the city, the director of public works shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the city. Upon disconnection, the director of public works shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The city shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 76-360 § 1003).
13.20.120 Nuisance abatement.
During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement of the occupancy of the premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there shall be paid to the city a reasonable attorney’s fee and cost of suit arising in the action. (Ord. 76-360 § 1004).
13.20.130 Disconnection deemed enforcement only.
The city declares that the procedures set forth in FMC 13.20.110 and 13.20.120 are established as a means of enforcement of the terms and conditions of its rules and regulations, and not as a penalty. (Ord. 76-360 § 1005).
13.20.140 Interference with system prohibited.
No 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 sewage works. Any person violating this provision shall be subject to the penalties provided by law. (Ord. 76-360 § 1101).
13.20.150 Permit and fees.
No public sewer, side sewer, building sewer, or other sewerage facility shall be installed, altered, or repaired within the city until a permit for the work has been obtained from the city and all fees paid in accordance with the requirements of Chapter 13.40 FMC. (Ord. 76-360 § 211).
13.20.160 Inspectors – Generally.
The director of public works may personally perform or employ some fit and qualified person or persons to perform the duties of inspecting the installation, connection, maintenance, and use of all side sewers, public sewers, and facilities in connection therewith in the city, to be known as the city inspector. (Ord. 76-360 § 210).
13.20.170 Inspectors – Powers and authorities.
The officers, inspectors, managers and any duly authorized employees of the city are specifically required to enforce the provisions of this division and shall have the right to enter any and all premises for the purpose of inspection, reinspection, observation, measurement, sampling, testing, or otherwise performing such duties as may be necessary. Enforcement of this provision shall be in accordance with Sections 1822.50 to 1822.57 of the Civil Procedure Code of the state of California. (Ord. 78-409 § 1; Ord. 76-360 § 1102).
13.20.180 Relief from provisions – Application.
A. When any person, by reason of special circumstances, is of the opinion that any provision of this division is unjust or inequitable as applied to his premises, he may make written application to the council, stating the special circumstances, stating the provision complained of, and requesting suspension or modification of that provision as applied to his premises.
B. If such application is approved, the council may, by resolution, suspend or modify the provision complained of as applied to such premises to be effective as of the date of the application and continuing during the period of the special circumstances. (Ord. 76-360 § 208).
13.20.190 Relief from provisions – Council action.
The council may, on its own motion, find that by reason of special circumstances any provision of this regulation and division should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof. (Ord. 76-360 § 209).
13.20.200 Violations – Citation and correction.
Any person found to be violating any provision of this division or any other ordinance, rule, or regulation of the city shall be served by an authorized person of the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The time limit shall be not less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this division or any other ordinance, rule, or regulation of the city. Upon being notified by the city of any defect arising in any sewer or of any violation of this division, the person or persons having charge of the work shall immediately correct the same. (Ord. 76-360 § 1001).
13.20.210 Violations – Liability.
Any person violating any of the provisions of the ordinances, rules or regulations of the city shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation. (Ord. 76-360 § 1006).