Chapter 15.12 — ABATEMENT OF IMPROPER SEWER CONNECTIONS

All sewer laterals or sewer cleanouts which contain leaks or breaks, uncapped sewer cleanouts, sump pumps, downspouts or yard drains which discharge into the sewer system, and all other sources of accidental, negligent or intended introduction of storm runoff or similar waters into the sanitary system are declared to be a public nuisance, and shall be abated by the owner of the property, who is required to remove or correct such improper sewer connections. (Ord. 1329 § 1, (1986))

Whenever any such improper sewer connection exists upon any private property or in any street or alley within the city, the city council shall pass a resolution declaring the same to be a public nuisance, and order the city engineer to give notice of the passage of such resolution as herein provided and stating therein that unless such nuisance is abated without delay, the work of doing so will be done by the city and the expense thereof assessed upon the property from which the nuisance is removed. Such resolution shall fix the time and place for hearing any objections to the proposed correction or removal. (Ord. 1329 § 1, (1986))

Such notice shall be substantially as follows:

Notice to Correct or Remove Improper Sewer Connection

NOTICE IS HEREBY GIVEN that on , 20, pursuant to the provisions of the Ordinance Code, City of Burlingame, the City Council of said City passed a resolution declaring that all improper sewer connections upon any private property in any public street or alley, constitute a public nuisance and must be abated by correction or removal thereof. The improper connection on your property is __________. NOTICE IS FURTHER GIVEN that property owners shall within 30 days hereof correct or remove all such improper sewer connections from their property, or such improper sewer connections will be removed or corrected by the City, in which case the cost of correction or removal will be assessed upon the land upon which such improper sewer connections have been corrected or removed; and such cost will constitute a lien upon such land until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objection to the proposed correction or removal of such improper sewer connections are hereby notified to attend a meeting of the Council of said City, to be held at the Council chambers in the City Hall in said City on _____, 20, at seven o'clock, p.m., when and where objections will be heard and given due consideration. DATED _____, 20 ___________________________________ City Engineer of the City of Burlingame

Such notice shall be mailed to the owner of each property, as such ownership is shown on the last equalized assessment roll, on which the nuisance exists, at least 10 days prior to the time

fixed by the council for hearing objections. (Ord. 1329 § 1, (1986))

At the time stated in the notice, the city council shall hear and consider any and all objections to the proposed corrections of improper sewer connections and may continue the hearing from time to time.

Upon the conclusion of such hearing, the council by motion shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of correction of the improper sewer connection. The action of the council at the conclusion of such hearing shall be final and conclusive. (Ord. 1329 § 1, (1986))

After final action shall have been taken by the council on the disposition of all objections or in case no objections shall have been received, the city council shall by resolution order the city engineer to abate or cause to be abated such nuisance by having the improper sewer connection corrected or removed, and the city engineer and his or her assistants, employees, contracting agents or other representatives are authorized to enter upon private property for that purpose.

As an alternate remedy, the city may take such legal action as may be necessary to require correction or removal of the improper sewer connection by the property owner.

Any property owner shall have the right to correct or remove such improper sewer connections himself or herself or have the same corrected at his or her own expense; provided, that such correction or removal shall have been completed prior to the arrival of the city engineer or his or her representatives to perform such work. (Ord. 1329 § 1, (1986))

The city engineer shall keep an account of the cost of abating such nuisance upon each separate lot or parcel of land, and include such account in a report and assessment list to the city council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land therefor respectively. (Ord. 1329 § 1, (1986))

The city clerk shall post a copy of such report and assessment list at or near the city clerk's office and shall notify property owners that they may appear and object to any matter contained therein. The notice shall be mailed at least 10 days before the time such report will be considered by the city council. Such notice shall be substantially in the following form.

NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR IMPROPER SEWER CONNECTIONS NOTICE IS HEREBY GIVEN that on the __________ day of _____, 20 the City Engineer of the City of Burlingame filed with the City Clerk of said City a report and assessment list on the abatement of improper sewer connections within said City, a copy of which is posted near the office of the City Clerk. The assessment against your property is __________. NOTICE IS FURTHER GIVEN that on Monday, the __________ day of _____, 20, at the hour of seven o'clock, p.m. in the Council Chambers in the City Hall of said City, said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and all persons interested, or to any matter or thing contained therein, may appear at said time and place to be heard. Dated: _____, 20.

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City Clerk of the City of Burlingame

(Ord. 1329 § 1, (1986))

At the time and place fixed for receiving and considering such report, the city council shall hear the same together with any objections which may be filed by any of the property owners liable to be assessed for the work of abating the nuisance mentioned in this chapter, and the city engineer shall attend such meeting with his or her record thereof, and at such hearing, the city council may make such modifications in the proposed assessment therefor it may deem just and proper, after which such report and assessment list shall be confirmed by resolution.

The amount of the cost of abating the nuisance upon the property referred to in the report of the city engineer and as finally concluded by resolution of the city council shall constitute a special assessment against each respective lot or parcel of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid. (Ord. 1329 § 1, (1986))

The city clerk shall transmit a copy of said resolution to the San Mateo County tax collector. Thereafter, such amounts shall be collected at the time and in the same manner, as general city taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessments. (Ord. 1329 § 1, (1986))

The payment of any assessments of $400 or more upon single-family residence may be made in annual installments, not to exceed five; the payment of assessments so deferred shall bear interest on the unpaid balance at the rate of seven percent per annum. Said interest shall begin to run on the thirty-first day after the confirmation of the assessments. (Ord. 1329 § 1, (1986))

(a) Whenever any property is to be transferred to or vested in any other person or entity and that property includes any buildings or structures constructed more than 25 years prior to the date of transfer or vesting, the sewer lateral(s) to that property shall be tested for infiltration and all necessary repairs or replacements performed to prevent all infiltration. The city engineer shall establish or approve testing procedures. All repair or replacement work shall be completed and approved by the city prior to transfer of title.

(b) Exceptions: This section shall not apply:

(1) To condominium or cooperative apartment buildings or the units within those
buildings, except as a condition to conversion to a condominium or cooperative
apartment building; or

(2) For 10 years after acceptance of a test pursuant to this section if partial or no repairs
of the lateral were required and any repairs were completed pursuant to permit and
inspection by the city; or

(3) For 10 years after inspection and approval by the city of completed alterations to the
lateral, if alterations pursuant to a city permit were made to the location of or
connections to the lateral following a test pursuant to this section; or

(4) For 25 years after acceptance of work if replacement of the complete sewer lateral
was performed; or

(5) If the city engineer determines testing is unnecessary because the piping has less than
three joints and the total length does not exceed 10 feet.

(c) For purposes of this ordinance, a sewer lateral shall be deemed to be the piping and sewer
appurtenances outside a structure or traveling between two or more structures and
terminating at a clean out, wye, or manhole acceptable to the city engineer. Any
modification to the sewer lateral shall be performed and inspected under the requirements
of Titles 15 and 18 of this code and established city procedures.
(Ord. 1623 § 2, (2000))