Contra Costa County Municipal Code Art. 420-6.6 Enforcement

A person may not do any of the following:

(a) Build a structure that will contain plumbing fixtures without first lawfully connecting the lot where the structure will be located to a sanitary sewer or having an approved sewage disposal system that is designed to and may lawfully serve the structure.

(b) Remodel any portion of, or construct an addition to, a structure containing plumbing fixtures without first lawfully connecting the structure to a sanitary sewer or an approved sewage disposal system that is designed to serve the structure.

(c) Construct, modify in any way, relocate any part of, or take any action to connect a structure to, a sewage disposal system that is not an onsite wastewater treatment system.

(d) Discharge or deposit sewage to the surface of the ground.

(e) Have, use or operate an improperly functioning sewage collection or disposal system.

(f) Use a sewage disposal system that is not an approved sewage disposal system.

(g) Construct or have a privy except as expressly authorized by law.

(Ord. No. 2018-25 § III, 9-11-18)

(a) Restriction on issuance of building permits.

(1) If a structure is, or is proposed to be, located outside the territorial boundaries of any public entity with legal authority to provide wastewater collection services, or in an area where connection to a sanitary sewer is otherwise not available to the structure, and plumbing fixtures have been or are proposed to be installed in the structure, a building permit will not be issued to build, remodel any portion of, or construct an addition to the structure unless the health officer has approved, in writing, a method of sewage collection or disposal for the structure.

(2) If a structure is, or is proposed to be, located in an area where connection to a sanitary sewer is available to the structure, plumbing fixtures have been or are proposed to be installed in the structure, and connection to a sanitary sewer is not proposed, a building permit will not be issued to build, remodel any portion of, or construct an addition to, the structure unless the health officer has approved, in writing, a method of sewage collection or disposal for the structure.

(3) A building permit will not be issued to build a structure located on a lot where an approved sewage disposal system, reserve area or designated disposal field area is located unless the health officer has approved, in writing, the proposed location of the structure.

(b) Restriction on issuance of certificates of occupancy.

(1) If a structure is located outside the territorial boundaries of any public entity with legal authority to provide wastewater collection services, or in an area where connection to a sanitary sewer is otherwise not available to the structure, and plumbing fixtures have been installed in the structure, a certificate of occupancy will not be issued to use or occupy the structure, or portion of the structure, unless the health officer has approved, in writing, a method of sewage collection or disposal for the structure.

(2) If a structure is located in an area where connection to a sanitary sewer is available to the structure, plumbing fixtures have been installed in the structure, and connection to a sanitary sewer is not proposed, a certificate of occupancy will not be issued to use or occupy the structure, or portion of the structure, unless the health officer has approved, in writing, a method of sewage collection or disposal for the structure.

(c) Application to health officer.

(1) A building permit applicant who proposes to build, remodel, or construct an addition to a structure described in Subsection (a)(1) of this section must submit a written application to the health officer for review and approval of a proposed method of sewage collection or disposal for the structure.

(2) A building permit applicant who proposes to build, remodel, or construct an addition to a structure described in Subsection (a)(2) of this section must submit a written application to the health officer for review and approval of the proposed method of sewage collection or disposal for the structure if the applicant does not propose to connect the structure to a sanitary sewer.

(3) A building permit applicant who proposes to build a structure in a location described in Subsection (a)(3) of this section must submit an application to the health officer for review and approval of the proposed location of the structure.

(4) An applicant for a certificate of occupancy of a structure described in Subsection (b)(1) of this section must submit a written application to the health officer for review of the proposed method of sewage collection or disposal for the structure.

(5) An applicant for a certificate of occupancy of a structure described in Subsection (b)(2) of this section must submit a written application to the health officer for review of the proposed sewage collection or disposal method for the structure if the applicant does not propose to connect the structure to a sanitary sewer.

(d) Determination.

(1) If the health officer finds, based on the health officer's review of an application submitted under Subsection (c)(1) or (c)(2) of this section, that a proposed method of sewage collection or disposal conforms to the applicable requirements in this chapter and the sewage regulations, the health officer will approve the proposed method of sewage collection or disposal. The health officer will not approve the proposed method of sewage collection or disposal, and the building inspection director will not issue the building permit, if the health officer finds that the proposed method of sewage collection or disposal does not conform to a provision of this chapter or the sewage regulations.

(2) If the health officer finds, based on the health officer's review of an application submitted under Subsection (c)(3) of this section, that construction of a proposed structure will not interfere with the use of a necessary approved sewage disposal system, reserve area or designated disposal field area, the health officer will approve the proposed location of the structure. The health officer will not approve the proposed location of the structure, and the building inspection director will not issue the building permit, if the health officer determines that construction of the structure would interfere with the use of a necessary approved sewage disposal system, reserve area or designated disposal field area.

(3) If the health officer finds, based on the health officer's review of an application submitted under Subsection (c)(4) or (c)(5) of this section, that a proposed method of sewage collection or disposal conforms to the applicable requirements in this chapter and the sewage regulations, the health officer will approve the proposed method of sewage collection or disposal. The health officer will not approve the proposed method of sewage collection or disposal, and the building inspection director will not issue the certificate of occupancy, if the health officer finds that the proposed method of sewage collection or disposal does not conform to a provision of this chapter or the sewage regulations.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2018-25 § III, 9-11-18)

The health officer may propose regulations to make more detailed or specific the provisions of this chapter. The regulations are not effective unless adopted by the board by resolution. The health officer is responsible for the enforcement of this chapter and all adopted regulations.

(Ord. No. 2018-25 § III, 9-11-18)

To the extent allowed by law, whenever necessary to enforce any provision of this chapter, the health officer may inspect any property to determine compliance with applicable provisions and requirements of this chapter or enter for the purpose of abatement as provided in Chapter 14-6 of this code. Entry may be made at any reasonable time upon advance notice to the owner or occupant of the property. If entry is refused, the health officer is authorized to proceed pursuant to Code of Civil Procedure Section 1822.50 and following, and pursue any and all other remedies provided by law, to secure entry.

(Ord. No. 2018-25 § III, 9-11-18)

(a) Abatement. Any installation made or condition existing in violation of this chapter is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6.4.

(b) Emergency Abatement. If the health officer finds that a violation has created an emergency condition endangering the public health, the health officer may summarily abate the condition in accordance with Article 14-6.4.

(Ord. No. 2018-25 § III, 9-11-18)