Belmont Municipal Code Art. VII Sewer Laterals

(a) A property owner must install and maintain in good repair all portions of the sewer lateral servicing his or her property including the connection of the lateral to the public sewer main and any back flow prevention devices or cleanouts required by this chapter or chapter 7.

(b) If the city manager determines that any portion of a property owner's sewer lateral is damaged, not in good repair, or otherwise in a condition which may result in stoppage, leakage, infiltration or backflow, the city manager may issue a notice to repair to the property owner. The notice shall specify the nature of the defect requiring repair and specify a date by when the property owner must repair or replace the damaged or defective portion of the lateral.

(c) The property owner must perform all necessary repair or replacement by the date as determined by the city manager.

(Ord. No. 1070, § 6, 4-23-13)

(a) The city manager may at his or her discretion provide emergency maintenance assistance to a property owner to determine if a sewer stoppage is within the public sewer main or within the property owner's sewer lateral if a standard cleanout as defined by section 7-19 has been installed at the property line or easement line.

(b) Neither the city nor the city manager shall not be responsible for the repair or replacement of any portion of the sewer lateral damaged as a result of emergency maintenance, and before performing emergency maintenance the city manager shall require the property owner to sign a release waiving any claim against the city that may arise in whole or in part from the performance of emergency maintenance.

(Ord. No. 1070, § 7, 4-23-13)

(a) This section applies to real property that is required by the provision of this Code to be improved with a sewer lateral.

(b) Beginning June 1, 2013, a real property owner must disclose the requirements of this article to the interested parties as defined in subsection (g).

(c) A real property owner must possess a valid sewer lateral certificate issued under section 21-213 before receiving a final building permit for:

(1) Improvements valued by the building official at two hundred thousand dollars ($200,000.00) or more; or

(2) Work associated with a change in water service (e.g. change in meter size or adding a second meter).

(d) Subsection (b) does not apply to the sale or transfer of title to individual units within a condominium or cooperative apartment complex.

(e) For purposes of this section, "title transfer" means the sale or transfer of the entire real property estate or the fee interest in that real property estate, except as provided in subsection (f).

(f) "Title transfer" does not mean:

(1) The sale or transfer of a partial interest, including a leasehold;

(2) Transfer to a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(3) Transfers from one (1) co-owner to one (1) or more other co-owners;

(4) Transfers to a revocable trust if the trust is for the benefit of the grantor(s);

(5) Transfers made by a trustor to fund an inter vivios trust;

(6) Transfers between spouses or registered domestic partners; or

(7) Transfers to a financial institution as a result of foreclosure or similar process.

(g) For purposes of this section, "interested parties" means:

(1) The transferor's real estate broker, if any;

(2) The transferee;

(3) The transferee's real estate broker, if any; and

(4) The escrow holder, if any.

(h) The director shall prepare a handout for distribution to the public describing the requirements of this article. The disclosure obligation in subsection (b) may be satisfied by providing a copy of the current handout.

(Ord. No. 1070, § 8, 4-23-13)

(a) Issuance criteria. The director may issue a sewer lateral certificate for a property when:

(1) The entire sewer lateral was lawfully constructed within the past fifteen (15) years and the director does not suspect that the lateral may be in need of repair; or

(2) The property owner has shown by testing and inspection to the director's satisfaction that the sewer lateral is in good repair and condition.

(b) Effective period and fee.

(1) A sewer lateral certificate issued under subsection (a)(1) may be issued at no cost and shall be effective for a period equal to the difference of fifteen (15) years minus the number of years since construction of the lateral unless the director establishes a shorter period.

(2) A sewer lateral certificate issued under subsection (a)(2) may be issued upon payment of a sewer lateral certificate application review fee and shall be effective for the period of four (4) years unless determined by the director based on the circumstances including the age of the lateral and other factors affecting the integrity and reliability of the lateral.

(Ord. No. 1070, § 9, 4-23-13)

(a) Authority to require inspection. Notwithstanding that a valid sewer lateral certificate exists for a property, the director may require a property owner to inspect a sewer lateral if the director has a reasonable basis to believe the lateral may not be in good repair or condition.

(b) Cost of inspection. The property owner is responsible for the costs of testing and inspection of sewer laterals required by this Code.

(c) Testing and inspection requirements. The director may establish requirements for testing and inspection of sewer laterals.

(Ord. No. 1070, § 10, 4-23-13)

In addition to the requirements in chapter 7, the director may require the installation of backflow prevention devices and gate valves on a sewer lateral when the director reasonably believes backflow has or may occur, or when backflow is alleged to have occurred by the property owner.

(Ord. No. 1070, § 11, 4-23-13)

Nothing in this article is intended to create a mandatory duty on the part of the city or city employees to protect persons or property from a violation of the provisions of this article.

(Ord. No. 1070, § 12, 4-23-13)