Big Bear Lake Municipal Code Ch. 8.48 Operation of Multiple-Ownership Septic Systems

It is the intent of this chapter to ensure that multiple-ownership septic systems serving two or more units are operated and maintained by qualified personnel, and that such operation and maintenance is provided as needed, to prevent a public nuisance from occurring.

(Ord. 82-72 § 1(part), 1982)

The following words shall have the following meanings:

A. "Department" means the city department of environmental health services.

B. "Director" means the director of the city department of environmental health services.

C. "Multiple-ownership septic system" means a multiple-used septic system, a system which services two or more dischargers, even if the ownership of the system is not equal.

D. "Owner" means any person who owns property, including improvements and possessory interests on U.S. Government land, from which sewage is generated or discharged. The term does not include a person who holds a right, title or interest in such property for security purposes only, but the term does include a homeowners' association incorporated to manage the affairs of a group of property owners with interests in one or more common septic systems.

E. "Person" means any individual, firm, corporation or governmental agency.

F. "Public nuisance" means a public nuisance as defined in California Civil Code Sections 3479 and 3480 and California Penal Code Section 370, except that for the purposes of this chapter, public nuisance means only a public nuisance which exists as a health hazard, and includes the exposure of pollution, or the exposure of odors, or the augmentation of a vector breeding ground.

G. "Septic system" means a sewage disposal system consisting of a septic tank and a soil absorption system which conform to city codes.

(Ord. 82-72 § 1(part), 1982)

A septic system or combination of septic systems may be owned, operated and maintained by a property owners' association or homeowners' association which has been incorporated under the laws of the state and has complied with the requirements of this chapter.

(Ord. 82-72 § 1(part), 1982)

The conditions, covenants and restrictions (CC&R's) of each property owners' association or homeowners' association shall include provisions for obtaining and collecting from the membership, any funds necessary for operation, maintenance and repairs to their septic system. Such CC&R's will be reviewed and subject to approval by the department. No changes in these requirements within the CC&R's will be made until such time when they have been approved by the department.

(Ord. 82-72 § 1(part), 1982)

For those multiple ownership septic systems to which this chapter applies, the department of environmental health services will assure that the provisions and intent of this chapter are met.

A. The department shall require a minimum bond of five thousand dollars. The amount may be revised at each permit renewal. The department shall determine what type of undertaking shall satisfy this bond requirement, as a policy matter.

B. The department may require review and approval of septic system design and specifications prior to construction, and inspections during construction.

C. The department may contract with, or otherwise make arrangements to have, persons with special expertise or qualifications to perform services, such as plan review or inspections or provide consultation on technical matters concerning any septic system(s) subject to this chapter. The applicant shall reimburse the department for such expenditures.

D. If the department makes a determination that a sewerage system is not in compliance with the requirements of this chapter, the department shall make a demand of the owner, and any other person known to be occupying or using the real property, to correct such noncompliance. This demand shall consist of a reasonable effort, including personal service, or posting the property, or government mail service, according to the availability of the person(s) to whom the notice is to be given and the practicality of the method chosen, to reach such person. Personal service shall not be required, but mailed notice to the surety of any posted bond shall be given. If at forty-eight hours after the effort to give notice to all such parties is made, the noncompliance has not been corrected, the director may declare the posted bond forfeited and make such arrangements as are necessary to correct the public nuisance caused by the offending septic system. The forfeited bond shall be the source of funds drawn upon by the department to defray the actual cost to the department of any abatement action to correct the offending septic system. If such funds are not available for any reason or are insufficient, or there is a default or dishonoring, the department may act pursuant to Section 8.48.060 to recover its costs.

(Ord. 82-72 § 1 (part), 1982)

A. Procedure for Payment. Costs incurred by the department in the correction of the public nuisance as set forth in Section 8.48.050, the expense of which not being covered by any bond because of insufficiency of the bond or default or refusal to honor the same, shall be paid to the department by the owner(s) or occupant or person using the land. Payment shall be made within sixty days of the billing date. If payment is not made within that time, the department shall certify to the city auditor-controller/recorder the sum of money remaining unpaid, together with the other information pertaining to the matter. The city auditor-controller/recorder shall cause the amount of the unpaid part to be entered upon the property for which the abatement was required, and the special assessment and tax shall be included upon the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as city taxes are collected, and be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

B. Appeals. A person who is affected by any of the notices set forth in this chapter or the assessment may appeal to the board of appeals. This appeal must be filed within sixty days from the date of billing or receipt of the tax bill which shows the abatement charges. It shall be an appeal in writing filed with the issuing officer or department supervisor of such officer. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for hearing before the board of appeals and notify the appellant of the date set for such hearing at least fifteen days prior to such date. If the appellant resides outside the city, the above period of notice shall be at least twenty-five days. The board of appeals shall act on the appeal and its determination shall be conclusive. The board of appeals shall consist of three persons, and shall be comprised as follows: One member shall be an officer of the department of the issuing officer, but not the issuing officer; one member shall be a deputy of the agency administrator of the city agency which serves the department of the issuing officer; one member shall be a deputy of the city counsel.

C. Cancellation of Claim. All or any portion of any such special assessment, penalty or costs heretofore entered, shall on order of the city council be cancelled by the city auditor if uncollected, or except in the case provided for in subsection C5 of this section, refunded by the city treasurer if collected, if it or they were entered, charged or paid:

1. More than once;

2. Through clerical error;

3. Through the error or mistake of the department or director, in respect to any material fact including the giving of notice, or the abatement procedure used;

4. Illegally;

5. On property acquired after the lien date by the state or by any county, city, school district or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes.

(Ord. 82-72 § 1(part), 1982)

Any multiple-owned septic system(s) subject to this chapter shall only be operated under an annual permit from the department issued to an owner and renewed upon the determination that the facility is in compliance with the requirements of this chapter. The number of permits required shall be determined by the department on the basis of each individual project or the organization of the responsible association.

(Ord. 82-72 § 1 (part), 1982)

Upon making a determination that a septic system operated pursuant to a permit by the department is not in compliance with the provisions of this chapter, as set forth in Section 8.48.050, or in case of any noncompliance which is not yet at the public nuisance stage, but which the director deems to be substantial noncompliance, the director may initiate a hearing of the board of appeals, hereof, to determine the facts of the case and make a report to the director. This hearing procedure and notice therefor shall be as set forth in Section 8.48.060B, except that the director shall initiate the hearing and the final decision to revoke or not shall be that of the director. There shall be no revocation without a finding of noncompliance consisting of substantial failure to meet a condition of the permit.

(Ord. 82-72 § 1(part), 1982)

Each septic system for which a multiple-ownership permit is required shall be inspected each year and the permit holder shall submit proof of that inspection with the renewal application. Only persons qualified under Section 8.48.100 may respect and certify to the department that the system is adequate and in good repair and working order.

(Ord. 82-72 § 1(part), 1982)

Only persons qualified under Section 8.56.040 may perform the required inspections.

(Ord. 82-72 § 1(part), 1982)

Where an existing public entity with sewering powers is involved with, or has a sphere of influence over a site for which a permit to operate a septic system is requested, the following shall apply:

A. The department shall notify the entity of the application for a permit and shall not issue a permit until concurrence is received from the entity.

B. If requested by the entity, the department shall revoke a permit to operate a septic system in order to facilitate connection of the developed property(ies) to the entity's sewerage system.

C. Upon request by the entity, the department will provide plans of a septic system and its collection system for which a permit has been requested.

(Ord. 82-72 § 1 (part), 1982)

A permittee shall notify the department when a change is proposed in the number of total available services, type of facility served, change in ownership, or any other changes which affect the septic system, the discharge, or the permit to operate.

(Ord. 82-72 § 1(part), 1982)

The permit fee for the permit required by the department in this chapter shall be as specified in the schedule of fees contained in Title 1, Division 6, Chapter 2 of the county code.

(Ord. 82-72 § 1 (part), 1982)

A. The director or his representative may at any and all business hours during the day, with permission of the occupant or by court order, enter any and all places, property, enclosures and structures for the purposes of making examinations and investigations to determine whether any provisions of this chapter are being violated.

B. It shall be unlawful for any person to have upon his property a septic system which constitutes a public nuisance.

C. Every person who violates or fails to comply with any of the provisions of this chapter, or with any of the orders of the department issued pursuant to this chapter, or who procures, aids or abets in any such violation or failure, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the city jail not exceeding one year, or by both.

D. The continued existence of any violation of this chapter or of any order of the department issued pursuant to this chapter, beyond the time stipulated for compliance with its provisions, constitutes a separate and distinct offense.

E. Anything done, maintained or suffered in violation of any of the provisions of this chapter which constitutes a public nuisance dangerous to health may be enjoined or summarily abated in the manner provided by the law. Every public officer or body lawfully empowered so to do shall have the nuisance abated in a timely manner.

F. If any part or provision of this chapter is held to be invalid or unenforceable by any court of competent jurisdiction, such part of provisions shall be thereby suspended, but to the extent possible such suspension shall not affect the validity or enforcement of the remainder of this chapter. The city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portions thereof regardless if any other of the same were later to be found legally invalid or unenforceable.

(Ord. 82-72 § 1(part), 1982)