Chino Municipal Code Ch. 13.14 Sewers—private Wastewater Disposal System

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by any law, ordinance, rule, or regulation of legally constituted authority having jurisdiction in such matters. All provisions of this code, and any ordinances and standards shall also be applicable with regard to the use of private wastewater disposal systems.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.13.)

If the planning commission, in reviewing a request for residential development on twenty thousand square foot lots or greater in conformance with the general plan, determines that adequate sewage treatment plant capacity is not available for that development, then the commission shall permit the use of a private, on-site sewage disposal system for each lot containing a net square footage of twenty thousand square feet or greater; provided however, that a dry sanitary sewer system be constructed to and within the subdivision to each lot as required by the director of public works, and that the residential development comply with all other legal requirements of the city.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.2.)

A. Where sewers do not exist along the street frontage of a single-family residential property, the director of public works may permit the use or continued use of on-site wastewater disposal systems for new single- family residential buildings when density does not exceed one unit per acre, or for single-family residential additions when the density does not exceed two units per acre, provided that:

1. The development site is beyond two hundred feet from an existing sewer;

2. The design and construction of the on-site disposal system complies with Sections 13.14.030 and 13.14.050 of this chapter;

3. The developer/homeowner complies with all requirements of the State Water Quality Control Board and the San Bernardino County health department.

B. Where sewers do not exist along the street frontage of an existing permitted industrial or commercial use, the director of public works may permit the use of on-site wastewater disposal systems for temporary use of factory-built or mobile home units allowed as modernization of existing facilities and meeting all zoning requirements, provided that:

1. Temporary factory-built or mobile home unit is located more than two hundred feet from the existing sewer;

2. The wastewater discharge from proposed building is equivalent to that which normally results from one dwelling unit;

3. The design and construction of the on-site disposal system complies with Sections 13.14.030 and 13.14.050 of this chapter;

4. The developer/property owner complies with all requirements of the State Water Quality Control Board and the San Bernardino County health department.

(Ord. 84-23 § 1, 1984: Ord. 84-4 § 1, 1984.)

Before the commencement of any construction of a private wastewater disposal system (septic tank and leach field) to serve new development or to repair, replace, or operate a septic tank and leach field, the owner shall first obtain a permit therefor from the director of public works and the building official, and pay the required fee as set forth in the comprehensive fee resolution. The owner shall also furnish the director a copy of the plans and specifications of such system and other information as deemed necessary.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.3.)

A. As conditions of approval pursuant to Section 13.14.020 of this chapter, the planning commission may impose the following requirements:

1. The developer may deposit with the city a sum determined by the director of public works to be sufficient to pay to connect each house to the dry sewer within the subdivision and abandon the septic tank.

2. In the case of an owner/developer developing one house, the developer may be permitted to post a lien agreement in lieu of making the deposit pursuant to this subsection.

B. As a further condition of approval pursuant to Section 13.14.020 of this chapter, the planning commission shall require each house or building upon a parcel, within an approved subdivision or development pursuant to this chapter, to connect to the city's sewer system at such time as the city determines that adequate sewage plant capacity is available to permit the sewer hookup and eliminate the septic tank. The obligation imposed by this section shall run with the land and notice of this condition requiring eventual connection of each house to the city's sanitary sewer system shall be recorded with the county recorder's office by the city clerk. The notice shall contain the legal description for each dwelling or lot having this requirement, the substance of the requirement, and the date upon which the planning commission made the requirement. The notice shall be recorded prior to issuance of building permits and/or within fifteen days of approval of a final subdivision map by city council.

C. When the city determines that adequate sewage plant capacity is available, the owner of the affected parcel shall make the sewer hookup not later than one hundred eighty days from the city clerk's recordation of notice of said determination with the county recorder's office and service of notice of said determination on the owner of the affected property. In the event that the owner of the affected property refuses or fails to make the necessary hookup, city may cause the installation of the hookup and charge the owner of the affected property for the actual installation cost. If the owner does not pay the amount within sixty days, the director of public works shall record a notice of assessment against the property for the cost of such installation. If the cost has not been paid within sixty days of the recordation, city may cause the collection of the amount by the county tax collector in the same manner as property taxes are collected. In the alternative, city may institute foreclosure proceedings in the same manner permitted by Sections 2924 a—h of the Civil Code.

D. Any violation of this section may be enforced by the city.

E. Any violation of this section is a misdemeanor.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.12.)

The type, capacity, location and layout of the wastewater disposal system (septic tank and leach fields) shall comply with State Water Quality Control Board, County Health Department, The Uniform Plumbing Code, Manual of Septic Tank Practice as published by the Department of Health, Education and Welfare and the rules, standards and regulations of the city.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.4.)

No building, facility, or other structure proposing to utilize septic tanks and dry sewers as provided for in this chapter, shall be occupied until the owner has complied with the provisions of this chapter, including design criteria of the city.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.5.)

The director of public works or his authorized representative shall carry on all technical and other investigations, examinations, or tests of all kinds; make measurements; collect data; make analyses, studies and inspections pertaining to the use of septic tanks in order to assure that septic tanks are designed, used and maintained to preserve water quality; abate public nuisance; and prevent the contamination of water and soil both within and without the city's boundary.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.6.)

The director of public works and/or the building official shall do all such acts as are necessary to assure compliance with any and all Federal, state, regional or local laws, orders, regulations, or rules relating to the use of septic tanks and the discharge of waste therefrom. For such purpose, the director of public works and/or the building official or their authorized representative, upon presentation of their credentials or if necessary, under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedures, shall have the right to entry of any premises on which a water pollution, waste or contamination source, including but not limited to septic tank, is located for the purpose of inspection, including securing samples of discharges therefrom or any records required to be maintained in connection therewith by Federal, state, or local law, order, regulation, or rule.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.7.)

Upon notice and hearing, the city council may form on-site wastewater disposal zones, as authorized by the Health and Safety Code, to collect, treat, reclaim, dispose, acquire, design, own, construct, install, operate, monitor, inspect and maintain on-site wastewater disposal systems without sanitary sewers, and to adopt and enforce rules and regulations for the purposes of such zones, to abate violations of such rules and regulations, and to charge for such abatement.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.11.)

Public Nuisance. Continued habitation of any building or continued operation of any facility in violation of the provisions of this chapter or any ordinance, rule, or regulation of the city is declared to be a public nuisance. The city may cause proceedings to be brought for injunctive relief and/or for the abatement of the occupancy of the building or facility during the period of such violation. In such an event, there is to be paid to the city reasonable attorney's fees and cost of suit arising in the action. As an alternative remedy for such violation, the city may cause water service to the premises to be discontinued during the period of violation.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.8.)

A. Violation of any of the provisions of a city, regional, state, or Federal regulation adopted may be abated as a public nuisance by the city council. The cost of such abatement of the nuisance shall constitute a lien upon such real property.

B. The amount of any cost incurred by the city in abating such a nuisance upon real property shall be added to, and become a part of, the annual taxes next levied upon the real property subject to abatement, and shall constitute a lien upon the real property as of the same time and in the same manner as does tax liens securing such annual taxes. All laws applicable to the levy, collection and the enforcement of city taxes shall be applicable to such assessment, 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 encumbrance served where value has been created and attached 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 be attached to such real property, and the delinquent and unpaid charges relating to such property shall be transferred to the unsecured roll for collection. Any amounts of such assessments collected are to be credited to the funds of the city from which the costs of abatement were expended.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.9.)

Any violation of this chapter or condition of approval pursuant to this chapter is a misdemeanor punishable by a fine not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each day of such violation shall constitute a separate offense. Any violation or threatened violation of this chapter may also be enjoined by civil suit.

(Ord. 78-7 § 1 (part), 1978: prior code § 19-24.10.)