CHAPTER 3. SEWER SERVICE

ARTICLE 1. GENERAL PROVISIONS

8-03-1000 LEGISLATIVE AUTHORIZATION:

Pursuant to the authority granted it by section 25825, of the Government Code of the State of California, the Board of Supervisors does enact this Chapter.

8-03-1005 PURPOSES:

It is the purpose of this Chapter to protect the health, safety and welfare of the residents of the County of Tulare through the prevention of public health and other nuisances related to Sewage and Wastewater disposal within certain areas of the County of Tulare and to protect the lands, fields, buildings, homes and roads in the County from such nuisance. It shall be construed liberally to that end.

8-03-1010 NOT EXCLUSIVE REGULATION:

This Chapter is not the exclusive regulation of public health and other nuisances relating to the disposal of sewage or wastewater. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore and hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.

8-03-1015 ADMINISTRATION AND ENFORCEMENT:

(a)    Except as otherwise provided, this Chapter shall be administered and enforced by the Public Works Director or his or her deputy.

(b)    The Public Works Director, when he or she has probable cause to believe that a violation exists, as defined by Section 8-03-1030 of this Chapter, may enter, inspect and investigate any property located within the County.

(Amended by Ord. No. 3559, effective 6-20-19)

8-03-1020 APPLICATION:

This Chapter applies to all land owned by any individual or individual firm, partnership, joint venture, association, corporation, estate or trust within the areas of the Delft Colony, Seville, Tooleville, Tonyville, Traver and Yettem Zones of Benefit of County Service Area No. 1 and within the area of the County Service Area No. 2 (commonly known as "Wells Tract"). In addition, it applies to any land owned by the United States and any agency of the United States, the State of California and any agency of the State, any city, and a public district or political subdivision of the State of California within such areas insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.

8-03-1025 DEFINITIONS:

For the purposes of this Chapter, the following words and phrases shall have the following meaning:

(a)    "Board" or "Board of Supervisors" means the Board of Supervisors of the County of Tulare.

(b)    "Building" means any structure used for any purpose which contain a fixture, plumbing system or sanitary facility of any type.

(c)    "County" means the County of Tulare or the unincorporated territory within the County of Tulare.

(d)    "Delft Colony" means the Delft Colony Zone of Benefit of County Service Area No. 1 as established by the Board of Supervisors of the County of Tulare.

(e)    "Dwelling Unit" means any structure, house or unit or portion thereof arranged or intended to be occupied by not more than one family and having facilities for sleeping, eating, cooking and/or sanitary purposes.

(f)    "Lindcove" means the Lindcove Zone of Benefit of the County Service Area No. 1 as established by the Board of Supervisors of the County of Tulare.

(g)    "Seville" means the Seville Zone of Benefit of the County Service Area No. 1 as established by the Board of Supervisors of the County of Tulare.

(h)    "Tonyville" means the Tonyville Zone of Benefit of the County Service Area No. 1 as established by the Board of Supervisors of the County of Tulare.

(i)    "Tooleville" means the Tooleville Zone of Benefit of the County Service Area No. 1 as established by the Board of Supervisors of the County of Tulare.

(j)    "Traver" means the Traver Zone of Benefit of the County Service Area No. 1 as established by the Board of Supervisors of the County of Tulare.

(k)    "Yettem" means the Yettem Zone of Benefit of the County Service Area No. 1 as established with the County of Tulare.

(l)    "House" means a detached single family dwelling.

(m)    "Person" means any individual, firm, company, partnership, association, organization, the United States of America, the State of California, a political subdivision, governmental agency or other public or municipal corporation.

(n)    "Owners of improved real property" means and includes persons who are recorded on the books of the County Assessor/Clerk-Recorder and County Tax Collector as the owners of lots or parcels of land that are improved by buildings that would be subject to service by Public Sewage System under the provisions of this chapter.

(o)    "Parcel" means the division of land described as a parcel on the County tax rolls for property tax purposes. However, if such division of land is further divided into legal lots of record, each such lot shall be a separate parcel within this definition.

(p)    "Sewage Works" includes sewage treatment plants, intercepting and collecting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other appurtenances necessary, useful, or convenient, for the collection, treatment, purification, or disposal of sewage, and necessary lands, right-of-way, or other property.

(q)    "Public Sewage System" means the County of Tulare sewage works installed within the areas described in section 8-03-1020.

(r)    "Sewage" (Wastewater) means a combination of the water carried wastes from residential, commercial institutional and industrial buildings, together with such ground, surface and storm waters as may be present.

(s)    "Wastes" includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing manufacturing or processing operation of whatever nature.

(t)    "Wastewater" (Sewage) means the same as "sewage."

(u)    Repealed by Ord. No. 3604.

(v)    "Sewer Improvement Standards Ordinance" means the uncodified County of Tulare Ordinance of that title as adopted and amended from time to time by the Board of Supervisors.

(Amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3604, effective 5-5-22)

8-03-1030 PROHIBITIONS AND REQUIREMENTS:

Unless otherwise allowed under the Sewer Improvements Standards Ordinance, the maintenance or use of cesspools, septic tanks, or other private means of sewage disposal within the areas described in section 8-03-1020 on parcels adjacent to or abutting streets or roads in which a public sewage system is installed is a public nuisance and is hereby prohibited.

8-03-1035 CONNECTION WITH SEWAGE SYSTEM:

All buildings, houses, and dwelling units within the areas described in section 8-03-1020 shall be connected to the public sewage system within such areas within one hundred and twenty (120) days of the Board of Supervisors’ acceptance of the Notice of Completion for the public sewage system within the specific Zone of Benefit in County Service Area No. 1 or in County Service Area No. 2 unless the period of time to connect is extended by resolution or other official order of the Board of Supervisors or unless otherwise allowed by the Sewer Improvements Standards Ordinance.

(Amended by Ord. No. 3559, effective 6-20-19)

8-03-1040 COMPLIANCE WITH STANDARDS:

In addition to the requirements of sections 8-03-1030 and 8-03-1035, all owners of property and/or their agents, lessees, successors in interest, assigns and authorized or unauthorized users of property within the areas described in section 8-03-1020 shall comply with the Sewer Improvement Standards Ordinance.

8-03-1045 VACANCY:

During the period of any vacancy service under the Sewer Fee Standards Ordinance, habitation of buildings by human beings shall constitute a public nuisance and is hereby prohibited.

ARTICLE 3. PERMITS AND FEES

8-03-1095 PERMITS:

No person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewage system within the areas described in section 8-03-1020 except under written permit issued by the County of Tulare or the County’s designated operator of the public sewage system. Any person required to obtain such a permit shall make application in accordance and be bound by the Sewer Improvement Standards Ordinance which Ordinance includes regulations and limitations on discharge in accordance with state and federal environmental control laws.

8-03-1100 FEES:

From time to time, the Board of Supervisors may establish fees for the issuance of permits under Section 8-03-1095 and the Sewer Improvements Standards Ordinance of Tulare County.

(Amended by Ord. No. 3604, effective 5-5-22)

ARTICLE 5. SEWER SERVICE CHARGES

8-03-1150 SEWER SERVICE CHARGES:

From time to time, the Board of Supervisors may establish fees or charges for the sewer services provided, including but not limited to connection fees and charges, sewer service rates and charges, stand-by charges, vacancy charges, reestablishment fees and charges, delinquency charges, and such other fees and charges as the Board finds reasonable and necessary to pay the cost of providing such service. Such fees and tolls shall be in such a manner and may be collectible, including placement of delinquent fees on the tax rolls, as provided herein in Chapter 6 of this part.

(Amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3604, effective 5-5-22)

ARTICLE 7. PENALTIES FOR VIOLATION

8-03-1200 VIOLATION: PENALTY:

The maintenance on private property of a public nuisance as described in sections 8-03-1030 or 8-03-1045 of this Chapter shall constitute an infraction, punishable under section 125 of this Code, if any of the following conditions are met:

(a)    Such public nuisance is not corrected within fifteen (15) days after the Public Works Director or his or her deputy has notified the property owner of the existence of the public nuisance, and there has been no timely request made to the Resource Management Agency Director for administrative review on the determination of the existence of such public nuisance; or

(b)    If, after administrative review, the administrative review officer has determined that a public nuisance exists, and such public nuisance is not corrected within ten (10) business days following mailing of the notice of the administrative review decision to the property owner, and there has been no timely notice of appeal filed with the Clerk to the Board of Supervisors; or

(c)    If, after administrative review, the administrative review officer has determined that a public nuisance exists, and that such public nuisance may be removed by some procedure proposed by the owner and the administrative review has set a specific time within which the owner must complete the procedure, and such public nuisance is not corrected within the period of time as set by the administrative review officer, and there has been no timely notice of appeal to the County Hearing Officer filed with the Clerk to the Board of Supervisors; or

(d)    If, after an appeal hearing held by the County Hearing Officer under Chapter 31 of Part I of this Code, the County Hearing Officer determines that a public nuisance exists and such public nuisance is not corrected within ten (10) business days following mailing of the notice of the Hearing Officer’s decision to the property owner; or

(e)    If, after an appeal hearing held by the County Hearing Officer, the County Hearing Officer determines that a public nuisance exists and that such public nuisance may be removed by some procedure proposed by the owner and the County Hearing Officer has set a specific time within which the owner must complete the procedure, such public nuisance is not corrected within the period of time as set by the County Hearing Officer.

Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Chapter is committed, permitted or continued by such person, and shall be punishable therefor as provided hereinabove.

(Amended by Ord. No. 3559, effective 6-20-19)

8-03-1205 OTHER VIOLATION: PENALTY:

Failure to comply with any other provision of this Chapter shall be a violation enforceable by the Public Works Director. Such violation shall constitute an infraction punishable under section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Chapter is committed, permitted or continued by such person, and shall be punishable therefore as provided hereinabove.