Chapter 13.56
PERMITS
Sections:
13.56.020 Applications – Generally.
13.56.030 Application – Contents.
13.56.040 Application – Additional requirements.
13.56.060 Approval – Permit issuance.
13.56.070 Denial – Grounds – Notice.
13.56.010 Required.
A. In accordance with FMC 13.28.100 through 13.28.170, no person shall construct, extend, or connect to any public sewer without first obtaining a written permit from the city.
B. No person shall construct, reconstruct, repair, maintain, abandon, operate or excavate for any kind of sewage disposal system or any portion thereof without having first obtained a permit to do so from the health officer. (Ord. 76-370 Art. V § 1).
13.56.020 Applications – Generally.
Each application for a permit to connect to a public sewer or to construct a sewage disposal system shall be made to the director of public works of the city on a form provided by the city. If a public sewer is required as provided in FMC 13.20.070, the public works director shall issue a permit in accordance with the provisions of Division II of this title. If a public sewer is not available the director of public works shall forward the application to the health officer. (Ord. 76-370 Art. V § 2).
13.56.030 Application – Contents.
The information which the applicant is required to present for a permit to construct a sewage disposal system includes but is not limited to the following information:
A. Name, address, and telephone number of the applicant and the owner of the property on which the building or place to be served by the sewage disposal system is located and their agents, if any;
B. Location of the property and the assessor’s parcel number;
C. A scale map of the lot showing appropriate landmarks, steep slopes, roads, surveyor’s landmarks, lot dimensions, existing and proposed easements for road or utility purposes, and existing, proposed, or abandoned sewage disposal systems;
D. Gross lot area, net lot area, and average cross-slope of the lot;
E. The intended use or uses of the property;
F. The number of dwelling units and rooms usable as sleeping quarters; if a nonresidential use is proposed, an estimate of the quantity of sewage flow and the method of estimating the flow shall be provided;
G. The level of the groundwater table during and at the end of the rainy season;
H. The source or purveyor of domestic water;
I. Plans and specifications for the proposed sewage disposal system, showing to scale the location of the proposed system to all structures, wells and watercourses, property lines, reserve areas, and any other information the health officer may deem necessary;
J. Soil characteristics;
K. Other information which the health officer may deem to be necessary to the making of an informed and professional decision on the application. (Ord. 76-370 Art. V § 2).
13.56.040 Application – Additional requirements.
A. The health officer may require that analysis of soil characteristics or of the percolation capacity of the soil be performed or that additional relevant data be gathered and analyzed.
B. The health officer may specify the time of year during which water table determinations are to be made.
C. Any tests, data gathering, or analysis which the health officer may require as part of the application process shall be performed at the expense of the applicant.
D. Any tests, data gathering, or analysis which the health officer may require as part of the application process may be required to be performed under the supervision of the health officer or performed by individuals certified by the health officer to carry out such testing, data gathering, or analysis.
E. Any tests, data gathering, or analysis which the health officer may require as a part of the application process shall be performed in accordance with regulations issued by the health officer.
F. Each application for a permit to construct a sewage disposal system shall be accompanied by a filing fee in an amount set by resolution of the city council in an amount sufficient to cover costs. No part of the fee shall be refundable. (Ord. 76-370 Art. V § 3).
13.56.050 Inspections.
A. Prior to issuing any sewage disposal system permit, the health officer shall inspect the site and review departmental records to determine the probable suitability of the site to absorb sewage.
B. Final inspection of each installation shall be made prior to the time the system is backfilled or covered. In the event that the health officer determines that there has been an improper installation, a stop work order may be posted on the job site. Before any further work is done on the site, clearance from the health officer must be obtained.
C. At the discretion of the health officer the above work may be performed by the building inspector. (Ord. 76-370 Art. V § 4).
13.56.060 Approval – Permit issuance.
A. If the health officer finds that the proposed sewage disposal system conforms to the requirements of this division, regulations issued by the health officer, and other pertinent laws and ordinances, and the proposed sewage disposal system is appropriate for the sewage disposal demands of the situation, he shall issue a permit therefor. The granting of the permit shall be made subject to terms and conditions attached thereto and made a part thereof. If the sewage disposal system requires major repair, the permit shall require the entire system to conform as close as is possible to this division.
B. Final approval of the sewage disposal system by the city does not guarantee that the system will function satisfactorily. Final approval means only that the system has been installed in a manner consistent with the terms and conditions of the permit. (Ord. 76-370 Art. V § 5).
13.56.070 Denial – Grounds – Notice.
A. The health officer shall not issue a permit if he finds that the proposed sewage disposal system does not conform to all the requirements of this division, regulations issued by the health officer, other pertinent laws and ordinances, or for other reasons finds the proposed sewage disposal system inappropriate for the sewage demands of the situation.
B. The health officer shall give written notice to the applicant of the decision to deny the permit. Such notice shall include the reasons for denial. Written notice shall be deemed to be received one day after the notice, properly addressed, is mailed. (Ord. 76-370 Art. V § 6).
13.56.080 Expiration.
All sewage disposal system permits shall expire and become null and void if the work authorized thereby has not been completed and passed final inspection within one year following the issuance of the permit. Prior to the expiration of the one-year period, the health officer may extend the term of the permit for an additional one-year period if presented with evidence that the work authorized can reasonably be expected to be completed during the one-year extension. (Ord. 76-370 Art. VI § 1).
13.56.090 Revocation.
A. Any sewage disposal system permit may be revoked or suspended by the health officer if he determines that a violation of this division or regulations issued by the health officer exists or that the permit was obtained by fraud, misrepresentation, or material omission. Prior to revoking or suspending the permit, the health officer must cause written notice to be mailed to the permittee and to the occupant of the property. The notice shall specify the violation and the work to be done and shall allow 30 days to complete the work. The notice shall also inform the permittee that he has a right to an informal hearing before the health officer.
B. The notice of revocation or suspension shall inform the permittee of his right to a hearing before the city council if the permittee files an appeal with the city council.
C. The suspension or revocation of any permit shall not be effective until 10 days after notice thereof in writing is mailed to the permittee. (Ord. 76-370 Art. VI § 2).
13.56.100 Appeals – Filing.
A. Any person affected by an approval, denial, suspension, or revocation of a permit by the health officer may appeal to the city council by filing a notice of appeal with the city clerk within 30 days of the action of the health officer. The notice of appeal shall be accompanied by a filing fee set by resolution of the city council in an amount sufficient to cover costs. The appeal shall stay the effect of the action of the health officer.
B. The appeal shall be in writing and addressed to the city council. The appellant shall file a copy of the appeal with the health officer on the day of filing with the city clerk. In the notice of appeal the appellant shall state in full the facts and circumstances which make the action of the health officer unreasonable. It shall also state the date of the claimed unreasonable action of the health officer. (Ord. 76-370 Art. VII § 1).
13.56.110 Appeals – Hearings.
A. The city council shall cause the matter to be set for hearing not earlier than 20 days after the notice of appeal has been filed with the city clerk. The city clerk shall cause notice to be mailed to all affected persons at least 10 days prior to the hearing.
B. At the time and place set for the hearing, the council shall proceed to hear the testimony of the health officer, the testimony of the owner or his representatives, and the testimony of other competent persons concerning the conditions upon which the council may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the health officer and other witnesses. The hearing may be continued from time to time.
C. The health officer may cross-examine the appellant and other witnesses and may be represented by counsel. At the request of the health officer, the city attorney shall represent the health officer.
D. “Any person affected” shall include but not be limited to the applicant or his agent, the owner of the affected property or his agent, and the owners or their agents of all adjoining properties to the property against which the action of the health officer is directed.
E. The city council may upon the appeal either affirm the action of the health officer or grant a variance to the provisions of this division or regulations issued by the health officer upon which the action under appeal is based. The decision of the city council upon an appeal shall be based upon the facts presented to it. (Ord. 76-370 Art. VII § 2).
13.56.120 Prohibitions.
A. No permit shall be issued if the operation of the proposed sewage disposal system would tend to create a public nuisance.
B. No application shall be accepted if the proposed development of the site would violate any ordinance enacted by the city council or would be inconsistent with the general plan, zoning ordinances or open space conservation plan.
C. No permit shall be issued if the operation of the proposed sewage disposal system would violate any laws of the state. (Ord. 76-370 Art. X § 1).