Brisbane Municipal Code Art. III Application for Service—installation and Connection Requirements and Charges

No unauthorized person shall uncover, make any connections to, or make any opening into, any public sewer or appurtenance thereof, or in any manner or to any extent use, alter, or disturb the same.

(Ord. No. 591, § 1, 3-19-15)

A. Applications for connection to a public sewer shall be made by the property owner or the owner's authorized agent on a form furnished by the city. Each application shall be supplemented by such plans, specifications, analyses, flow data, or other information as may be required by the director.

B. Where a private easement is required in order to connect the owner's property to the public sewer, a proper legal description and drawings, including a diagram plan and profile, shall be submitted with the application.

C. In the case of every connection, irrespective of whether a new physical connection is to be made, a new or amended application shall be submitted upon any change in the occupancy or activity conducted upon the premises that results in a new or increased discharge into the public sewer.

(Ord. No. 591, § 1, 3-19-15)

If any construction or installation work will be performed by the city for the purpose of connecting a structure or project to the public sewer, the city shall be entitled to charge the owner of such structure or project a sewer connection fee in an amount equal to all costs that will be incurred by the city for the performance of such work, as determined by the director. An estimated payment of the sewer connection fee shall be deposited with the city prior to the commencement of work. Upon completion of the connection, the actual costs shall be determined by the director. If such costs are greater than the deposit, the owner shall pay the deficit to the city within fifteen (15) days after a billing for the amount due is mailed to the owner. Until such deficit is paid in full, the city may withhold issuance of a certificate of occupancy or any other permit or approval relating to the property. If the deposit is greater than the actual cost, the city shall refund the excess to the owner within thirty (30) days after such costs have been finally determined.

(Ord. No. 591, § 1, 3-19-15)

A. Sewer capacity charges for single family dwellings, duplex dwellings, multiple family dwellings, and non-residential uses shall be paid to the city by the owner, or by any other person obligated to pay such charges, who desires the connection of any such property to the sewage works, based upon the following schedule:

B. The sewer capacity charge shall be paid to the city prior to the issuance of any building permit.

C. For the purpose of calculating the capacity charge for multi-family dwellings, separate common facilities requiring a sewer connection, such as laundry rooms, community buildings and recreational facilities, shall be considered to be separate units.

D. If, at any time, the existing use of a property changes, either through the establishment of a different use or a change in the size or nature of the existing use, and such change results in an increase in the number of dwelling units or an increase in the number of ERUs being connected to the sewer works, a sewer capacity charge shall be paid for such additional units or additional ERUs, as determined by the director.

(Ord. No. 591, § 1, 3-19-15)

When required by the director, the owner of any property served by a building sewer or sewers carrying industrial wastes shall, at his expense, install and maintain suitable control manholes in each such building sewer to facilitate observation, sampling, and measurement of the wastes. Each manhole, when required, shall be accessibly and safely located, shall be constructed in accordance with plans approved by the director, and shall be maintained by the owner so as to be safe and accessible at all times.

(Ord. No. 591, § 1, 3-19-15)

The connection to the public sewer, including the sewer lateral components within any public street or right-of-way, shall be installed at the sole expense of the owner of the property served, by a contractor with an appropriate license issued by the state for this work. The contractor shall be prequalified before issuance of any permit. Such connection shall not be made without an approved permit issued by the director.

(Ord. No. 591, § 1, 3-19-15)

A property owner shall maintain in good repair all portions of the sewer lateral servicing his or her property. If the director 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 director may issue a notice to inspect and/or repair to the property owner. The notice will specify the nature of the suspected defect, whether inspection, or inspection and repair, is required, and specify a date by when the property owner must inspect, repair or replace the sewer lateral. The property owner shall perform all necessary inspections, repair or replacement by the date as specified by the director.

(Ord. No. 591, § 1, 3-19-15)

The director 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 or within the property owner's sewer lateral, provided that a sewer cleanout has been provided as required in Section 13.04.420(G). The city shall not be liable for the repair or replacement of any portion of the sewer lateral as a result of emergency maintenance.

(Ord. No. 591, § 1, 3-19-15)

Sewers to be installed in the city shall satisfy the following requirements:

A. All sewers constructed in the public right-of-way shall be constructed in accordance with plans and specifications approved by the city council upon recommendation of the director. Sewer laterals shall be constructed in accordance with standard plans prepared by the director and approved by the city council.

B. Minimum size of all sewer laterals shall be four (4) inches and shall require a cleanout at the property line.

C. The minimum size of public sewers shall be eight (8) inches and standard manholes shall be placed at frequencies no greater than three hundred (300) feet or in places of change of direction or grade, except sewers twelve (12) inches in diameter or greater, under which circumstances the specific design shall be approved by the director.

D. When sewers cannot be placed in the public right-of-way or in existing rights-of-way of ten (10) feet in width or greater, special easements shall be acquired a minimum of ten (10) feet in width and wherever possible shall straddle existing property lines.

E. Wherever easements ten (10) feet in width or greater can be acquired, public sewers shall be extended in accordance with approved plans and specifications and in accordance with proper master planning for the area being served.

F. Wherever a public sewer can be extended along public rights-of-way or standard easements, each service shall be extended to the public sewer by a sewer lateral serving only one unit of ownership unless the city council, by resolution, approves the service of more than one unit of ownership by a lateral.

G. A cleanout shall be placed on each sewer lateral at the transition between the upper and lower portions of the lateral. The director may additionally require the installation of a backflow prevention device on the sewer lateral when he or she reasonably believes backflow has or may occur.

H. Wherever a substandard extension of the public sewer exists, i.e., a line smaller than eight (8) inch or across private easements, no further extension of the sewer line can be made until such a time as an agreement for maintenance and rights of easement for all individuals using the line is recorded with the office of the county recorder.

(Ord. No. 591, § 1, 3-19-15; Ord. No. 678, § 1, 3-2-23)

The director may upon finding good cause therefor, grant approval for a joint sewer lateral (one that services two (2) or more properties); provided, that each property owner shall submit plans to the director for prior approval. Any approval granted by the director for a joint sewer lateral shall be in a form as approved by the city attorney and shall be generally subject to the following terms and conditions:

A. Installation and maintenance costs of the joint sewer lateral shall be shared equally by the parties thereto. Any person who subsequently connects to the joint sewer lateral shall share in the cost thereof on a pro rata basis.

B. Original installation and repairs must be pursuant to code, and approval of the plumbing or building inspector is required.

C. One owner may hire a licensed plumber to make emergency repairs without the consent of the other owners, in the event they are not available, and the cost of the emergency repairs shall be shared on a pro rata basis.

D. No user shall interrupt the continuity of the service or cause to have interrupted the continuity of the service of the joint sewer lateral, in such a manner as to cause damage or inconvenience to the other users, other than for a reasonable time required for repair.

E. In the event that the owner or users fail to act and the director and/or health officer determines that conditions in the joint sewer lateral are such as to be a hazard to health or safety, then the city may, pursuant to written notice, order the work done and divide the cost, as specified in subsection A of this section, on the tax bill if it is not compensated within fifteen (15) days from the time of billing by registered mail to each of the users last known address or that shown on the last equalized assessment roll.

F. The owners and users of the joint sewer lateral shall assume all responsibility and liability in connection therewith and they shall hold the city harmless.

G. The owners of the property on which the joint sewer lateral is located shall grant and have recorded an easement of not less than ten (10) feet in width for the maintenance and repair of the joint sewer lateral.

(Ord. No. 591, § 1, 3-19-15; Ord. No. 667, § 1, 10-21-21)

A. All property owners whose property or properties are served by a joint sewer lateral and who have received approval for a joint sewer lateral under Section 13.04.430 shall enter into and record a joint sewer lateral agreement before the city will issue a final building permit when the property owner has undertaken work that:

1. Triggers the requirements of Chapter 15.10 of this code;

2. Is associated with a change in water service (e.g., change in meter size or the addition of a meter; or

3. Results in maintenance on the existing joint sewer lateral, whether routine or emergency.

B. Beginning January 1, 2022, except as provided in subsection C, any property owner intending to sell or transfer a fee interest in real property must disclose the requirements of this Section 13.04.431 to each of the following:

1. The property owner's real estate broker or agent, if any;

2. The person to whom the real property is intended to be sold or transferred;

3. The real estate broker or agent, if any, of the person to whom the real property is intended to be sold or transferred;

4. The escrow company or holder involved in the real property sale or transfer, if any.

C. Subsection B of this Section 13.04.431 shall not apply to:

1. Sales or transfers of individual units within a condominium as defined in Section 17.02.150 of this code;

2. Sales or transfers of less than a fee interest, e.g., a leasehold;

3. Sales or transfers to a fiduciary in the course of the administration of a decedent's estate, a guardianship or a conservatorship;

4. Transfers from one co-owner to one or more other co-owners;

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

6. Transfers made by a trustor to an intervivos trust;

7. Transfers between spouses or between registered domestic partners;

8. Transfers to a financial institution, trust deed holder, or trustee of a deed of trust, as part of foreclosure or similar process.

D. The director shall prepare a handout or other written material, to be made available to the public, describing the requirements of this section. A person may satisfy the disclosure requirements of subsection B by providing a then current copy of the handout or other written material to those parties identified in subsection B.

(Ord. No. 667, § 2, 10-21-21)

Whenever the city accepts the dedication of a public sewer line, constructed by a private party, which is capable of being connected to and serving other private parties, the city council may enter into agreements and adopt a resolution permitting the city to collect the pro rata share of the reasonable cost of the public sewer, plus administrative costs, from other parties connecting to the public sewer line, and reimbursing the sums collected to the party dedicating the public sewer line to the city.

(Ord. No. 591, § 1, 3-19-15)

In the event the Brisbane public sewer main is extended by the city, and the cost thereof is determined by the director, the city council may adopt a resolution charging a public sewer main extension fee so that each person connecting thereto shall pay their pro rata share for the cost of the public sewer main extension.

(Ord. No. 591, § 1, 3-19-15)

A. Issuance Criteria. The director may issue a sewer lateral certificate for a property when:

1. The entire sewer lateral was lawfully constructed and the director determines that the lateral is not in need of repair or replacement based on either city records and files that indicate the lateral has been installed, repaired or replaced within the last fifteen (15) years or the property owner has provided sufficient evidence to the director, by testing and inspection (solely at the property owner's expense) that the lateral is not in need of repair or replacement; and

2. The entire sewer lateral is entirely within the property served by the lateral, or if across the property of others there is a recorded access easement and maintenance agreement, in a form approved by the director; and

3. If the sewer lateral serves more than two (2) properties, the requirements of Section 13.04.430 have been satisfied.

B. Effective Period and Fee.

1. A sewer lateral certificate issued under subsection (A)(1) may be issued at no cost and shall be valid 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 based on circumstances including but not limited to the age of the lateral and other factors affecting its integrity and reliability.

(Ord. No. 591, § 1, 3-19-15)

A. A person must possess or obtain a sewer lateral certificate issued under Section 13.04.452 before the city will issue a final building permit when the person has undertaken work that:

1. Triggers the requirements of Chapter 15.10 of this code; or

2. Is associated with a change in water service (e.g., change in meter size or the addition of a meter).

B. Beginning April 20, 2015, any person intending to sell or transfer a fee interest in real property must disclose the requirements of this section to each of the following, except as provided in subsection C.:

1. The person's real estate broker or agent, if any;

2. The person to whom the real property is intended to be sold or transferred;

3. The real estate broker or agent, if any, of the person to whom the real property is intended to be sold or transferred;

4. The escrow company or holder involved in the real property sale or transfer, if any.

C. Subsection B. does not apply to:

1. Sales or transfers of individual units within a condominium as defined in Section 17.02.150 of this code;

2. Sales or transfers of less than a fee interest, e.g., a leasehold;

3. Sales or transfers to a fiduciary in the course of the administration of a decedent's estate, a guardianship or a conservatorship;

4. Transfers from one co-owner to one or more other co-owners;

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

6. Transfers made by a trustor to an intervivos trust;

7. Transfers between spouses or between registered domestic partners;

8. Transfers to a financial institution, trust deed holder, or trustee of a deed of trust, as part of foreclosure or similar process.

D. The director shall prepare a handout or other written material, to be made available to the public, describing the requirements of this section. A person may satisfy the disclosure requirements of subsection B. by providing a then current copy of the handout or other written material to those parties identified in subsection B.

(Ord. No. 591, § 1, 3-19-15; Ord. No. 653, §1, 10-15-20)