Corte Madera Municipal Code Ch. 21.04 General Provisions

For the purposes of this title the terms that are used shall be given the following definitions:

(1) "Applicant" means the person making application for a permit for a sewer installation and shall be the owner of premises to be served by the sewer for which a permit is requested or the owner's authorized agent.

(2) "Board" or "board of directors" means the board of directors of Sanitary District No. 2 of Marin County, a subsidiary district to the town of Corte Madera.

(3) "Building" means any structure used for human habitation or a place of business, recreation or other purposes and connected to the district sewer system.

(4) "Citation" means an administration citation issued pursuant to this code stating that the charging official has determined that there has been a violation of one or more provisions of this code.

(5) "Citation officer" means any one or more of the following persons who issue an administrative citation under this chapter: the town manager, district manager, or their designees, or any other person designated by the district manager to act as citation officer in any proceeding under this chapter.

(6) "Cleanout" means a pipe fitting and associated piping connected to a private sewer lateral that provides access to the private sewer lateral for purposes of flushing, rodding, cleaning, and other maintenance and diagnostic purposes.

(7) "Combined sewer" means a sewer receiving both surface runoff and sewage.

(8) "Commercial building" means any building, or portion thereof, designed, intended or used to accommodate a business, commercial, mixed commercial and residential or industrial enterprise, or a public or private school.

(9) "Common interest development" means a development characterized by individual ownership of a condominium housing unit or a residential parcel coupled with the shared ownership of (or right to use) common areas and facilities, including, but not limited to, condominium projects, community apartment projects, stock cooperatives and planned unit developments, which contains three or more dwelling units and which has a sewer lateral shared by three or more dwelling units.

(10) "Connection" means any physical connection between a lateral sewer and the district sewer system.

(11) "Contractor" means an individual, firm, corporation, partnership or association duly licensed by the state of California to perform the type of work to be done under the permit.

(12) "County" means the County of Marin, California.

(13) "District" means Sanitary District No. 2 of Marin County, a subsidiary district to the Town of Corte Madera.

(14) "District manager" means the employee appointed by the town manager who is responsible for oversight and management of the district's infrastructure including sanitary sewers and pump stations and maintenance of district-owned rights-of-way.

(15) "District sewer system" means any sewer which is part of the sewage facilities owned and operated by the district.

(16) "District staff" shall be defined as stated in Section 21.04.090.

(17) "Dwelling unit" means a building or portion of a building containing one or more rooms, a separate bathroom, and a single kitchen, designed for occupancy by one family for living or sleeping purposes, including non-paying guests and servants employed on the premises.

(18) "Family" means an individual or two or more persons related by blood, marriage, or legal adoption, or a group of not more than three adults not including servants or children, who are not related, living as a single housekeeping unit.

(19) "Fine" means the dollar amount of the administrative fine that the person cited is required to pay for violation of the code as set forth in the citation.

(20) "Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

(21) "Hearing officer" means the independent and impartial hearing officer appointed by the district manager under Section 21.38.040.

(22) "Homeowners' Association" and "HOA" means a nonprofit corporation or unincorporated association created for the purpose of managing or governing a common interest development and that operates in accordance with governing documents, whether or not the corporation or association is formally designated or commonly referred to as a homeowners' association.

(23) "Hotel or motel" means a building or part thereof containing furnished individual guest rooms or suites without kitchens, occupied on a transient basis, where lodging is provided for compensation.

(24) "Infiltration" means water other than sewage which enters into the district's collection system through cracks, breaks, open joints, or other deficiencies which may exist in laterals or in the district's mainline system.

(25) "Inflow" means any water other than sewage that is directed toward or connected to the district's collection system through drainage ditches, open or enclosed culverts, roof drains, yard or area drains, or any other source of storm or ground water.

(26) "I & I" means Inflow and Infiltration.

(27) "Lateral sewer" (sometimes referred to as "lateral," "sewer lateral," "side sewer," "sewer service lateral" "building sewer" or "private sewer lateral ") means a privately owned sewer which conveys sewage from a building to the district's collection system, including all pipes, fittings, and appurtenances, from the outer face of the building served to the connection into the district's sewer main, including the connection itself.

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Lower lateral: The portion of the private sewer lateral extending from the sewer main to just behind the back of curb (or edge of roadway if no curb is present), with the exception that where sidewalk or another obstruction are immediately adjacent to the back of curb, district staff has the discretion to extend the lower lateral, only as needed to avoid those physical conflicts.

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Upper lateral: The portion of the private sewer lateral extending from the back of curb (or edge of roadway if no curb is present), with the exception that where sidewalk or another obstruction are immediately adjacent to the back of curb, district staff has the discretion to extend the lower lateral, only as needed to avoid those physical conflicts. The upper lateral includes all portions of the private sewer lateral upon the parcel containing the structure(s) served. If the parcel contains a sewer pipe system or multiple private sewer laterals, the entire sewer pipe system, including manholes and other appurtenances, and all private sewer laterals are part of the upper lateral to the extent they are located on that parcel. If a private sewer lateral connects to a rear or side yard sewer main located in an easement, or to a manhole, the entire private sewer lateral, including the connection to the sewer main or manhole, is an upper lateral. An upper lateral is associated with a parcel if it, or any portion of it, is located upon the parcel or conveys sewage and liquid waste from any structure located on that parcel. More than one upper lateral may be associated with an individual parcel.

(28) "Main sewer" (sometimes referred to as "sewer main or main") means a District-owned pipeline designed and operated to accept sewage from a private sewer lateral for disposal or conveyance.

(29) "Mobile home or trailer court" means any tract of land where space is rented and sewer connections are provided for use by mobile homes, automobile trailers, campers or camping trailers.

(30) "Multiple dwelling" means a building for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one person or families, including, but not limited to, the following: hotels, motels, residential apartments, auto courts, trailer courts, apartment houses, duplexes, rooming houses, boarding houses and dormitories.

(31) "Notice to repair" and "NTR" means the notice issued by the district manager or his/her designee, to the owner advising that the owner appears to be in violation of the respective code or ordinance with respect to the owner's private sewer lateral, or in violation of the code or ordinance in a manner of the private sewer lateral's connection to the district sewer system, which order directs the abatement of the identified violation in a timely manner.

(32) "Outside sewer" means a sanitary sewer beyond the limits of the district not subject to the control or jurisdiction of the district.

(33) "Owner" means any person, partnership, association, corporation or fiduciary having legal title (or any partial interest) in any premises, real property or floating home situated within the district.

(34) "Permit" means any written authorization required pursuant to this or any other regulation of the district for the installation of any sewage works.

(35) "Person" means any natural person, firm, organization, business trust, limited liability company, joint venture, club, company, corporation, partnership, association, any public corporation, political subdivision, city, county, district, the state of California, or the United States of America, or any department or agency of any thereof. The singular in each case shall include the plural.

(36) "Premises" means any lot, piece or parcel of real property improved or unimproved within the territorial limits of the district. "Premises" as used in this title includes any real property.

(37) "Private sewage disposal system" means an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or industries. A typical example is a septic tank and leechfield system.

(38) "Property" means and includes "premises."

(39) "Repair" means restoration of the lateral in a manner that eliminates breaks, voids, separations, sags, or other defects that allow non-sewage materials, including, but not limited to, groundwater, roots, soils, and infiltration, to enter the lateral or defects which may cause sewer backups and overflows. All repairs shall comply with the Municipal Code, Sanitary District Sewer Standard Specifications and Details and be approved by the district manager or his/her designee.

(40) "Residential apartment" means a hotel or motel in which seventy-five percent or more of its individual guest rooms or suites are equipped with kitchens.

As used in this section "kitchen" means an area in the guest room or suite which has any or all of the following types of facilities: a cabinet for storage of pots, pans, plates, glasses, or other eating or drinking utensils, refrigerator, microwave, oven, dishwasher, a sink basin that is deep enough to hold pots, pans or plates for washing purposes.

(41) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

(42) "Serve" or "service" means either personal delivery or deposit in the United States Mail, first class, in a sealed envelope postage prepaid. Service shall include a declaration under penalty of perjury setting forth the date of personal delivery or, for service by mail, the date of deposit in the mail. Service by personal delivery shall be deemed complete on the date of the delivery. Service by mail shall be deemed complete on the date of deposit in the mail.

(43) "Sewage" means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.

(44) "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

(45) "Sewer" means a pipe or conduit for carrying sewage.

(46) "Sewer service lateral inspection" means an inspection of a sewer service lateral that consists of the retention of a licensed plumber by the owner in order to visually examine and inspect a sewer service lateral in the manner deemed appropriate by district staff. Such an inspection shall, at a minimum, include the use of a closed circuit television inspection device or/and a pressure test for the purposes of determining whether the sewer service lateral complies with the requirements of this chapter. The type of test should be pre-approved by district staff.

(47) "Sewer system" means all facilities for collecting, pumping, treating and disposing of sewage.

(48) "Sewer user unit" means any dwelling unit or any building, commercial establishment, industry or other improvement which discharges a sewage flow equivalent to one dwelling unit.

(49) "Single-family unit" means the place of residence for a single family.

(50) "Standard specifications" means the then current version of the district's Sewer Standard Specifications and Drawings, Sanitary District No. 2 of Marin County, adopted by resolution of the district board of directors.

(51) "Storm sewer or storm drain" means a sewer which carries storm and surface or ground waters and drainage, but excludes sewage.

(52) "Street" means any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

(53) "Testing" means the undertaking of a test witnessed by the district's authorized representative(s) to verify that all private sewer laterals associated with the parcel pass a pressure test and comply with the ordinance, district standards and details and municipal code.

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Air pressure test: The air test pressure in the private sewer lateral shall be between four psi maximum and three and half psi minimum at the beginning of the test. For all lateral pipe diameters there shall be no pressure drop over fifteen minutes test period. Any leaks discovered shall be repaired.

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Water pressure test: The water testing of the private sewer lateral shall be with a riser at least eight feet in height. For all lateral pipe diameters there shall be no water level drop over one hour test period. Any leaks discovered shall be repaired.

(54) "Title transfer" means the sale or transfer of an entire real property estate or the fee interest in that real property estate, including the sale or transfer of partial interest such as a leasehold. The following are also considered title transfer for purposes of this chapter: 1. A transfer to an heir by a fiduciary in the course of the administration of a decedent's estates, guardianship, conservatorships, or trust; 2. A transfer from one co-owner to one or more other co-owners, or from one or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors; 3. A transfer made by trustor to fund an inter vivos trust; 4. A transfer made to a spouse, or to a registered domestic partner, or to a person in a lineal consanguinity relationship with one or more of the transferors; 5. A transfer between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or resulting from a decree of legal separation or from a property settlement agreement incidental to a decree; and 6. A transfer from a property owner to a financial institution as a result of foreclosure or similar process. A transfer from a financial institution to a new property owner is a title transfer for purposes of this title.

(55) "Town" means the town of Corte Madera.

(56) "Winter" as used to determine base year water consumption means any two consecutive months falling within the three-month period of December through February.

(57) "Year" means the fiscal year commencing on the first day of July and ending the following last day of June.

(58) Additional Definitions. For the purpose of this title, additional terms shall have the meaning indicated in the most recent edition of the California Plumbing Code and the most recent edition of the district's "Standard Specifications and Drawings."

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(Ord. No. 45, § 2, 6-4-2018; Ord. No. 47, § 1, 7-20-2021)

The following rules and regulations respecting sewer construction, disposal of sewage, and connection to the sewage works of the district are adopted, and all work in respect thereto shall be performed as required in this title and not otherwise.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

This title is intended to provide rules and regulations for the use and construction of sanitary sewer facilities installed, altered or repaired within the district and to establish regulations for the inspection, testing, repair, replacement, lateral overflows and ongoing maintenance of private sewer laterals and to enhance the operation and maintenance of the district's wastewater conveyance and treatment facilities in a reliable and serviceable manner and to reduce infiltration and inflow into the Sanitary District sewer system as well as into the environment, and additionally to meet NPDES waste discharge requirements set forth in RWQCB ORDER No. R2-2018-0003/NPDES No. CA0038628.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(Ord. No. 45, § 2, 6-4-2018)

This title shall be known as "Title 21 of Sanitary District No. 2 of Mann County Sanitary, A Subsidiary District to the Town of Corte Madera."

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(a) Upon adoption the ordinance codified in this title shall be entered in the minutes of the board and shall be posted in three public places within the district, there being no newspaper of general circulation printed and published in the district, within fifteen days following its final passage and shall take effect and be in force and effect thirty days after final passage.

(b) The following are established as the official places for the posting of all ordinances, resolutions, notices and other documents required by law to be posted:

(1) Corte Madera Town Hall bulletin board, 300 Tamalpais Drive at Willow Avenue, Corte Madera, California;

(2) United States Post Office bulletin board, 7 Pixley Avenue, Corte Madera, California;

(3) Fire Station No. 13 bulletin board, 5600 Paradise Drive, Corte Madera, California.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

No person shall connect to, construct, install, provide, maintain or use any other means of sewage disposal from any building in the district except by connection to a district sewer in the manner as in this title provided.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

Whenever any construction or other work that is subject to any provision of this code has been, or is being, done in any manner that is contrary to any of the provisions of this code, condition of a permit, approval, or other entitlement granted by the district, the district manager or his/her designee may order that all construction or work on the property be stopped immediately by notice in writing mailed to any person engaged in doing or causing such work to be done and the owner of the property, and by posting on the property where the violation has occurred, or is presently occurring, a notice to stop such construction or work. Such persons shall forthwith stop such work until authorized by the town to proceed with the work.

(Ord. No. 47, § 1, 7-20-2021)

Editor's note— Ord. No. 47, § 1, adopted July 20, 2021, repealed the former § 21.04.070 and enacted a new § 21.04.070 as set out herein. The former § 21.04.070 pertained to relief on application and derived from San. Dist. No. 2 Ord. 34 § 2 (part), adopted in 2002.

The board may, on its own motion, find that by reason of special encumbrances any provision of this regulation and title should be suspended or modified as applied to a particular premise and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

The town shall provide the district with its employees to perform the duties of the district, which shall include review and inspection of installation, connection, and maintenance of all main sewers, and facilities in connection with the district sewer system and the enforcement of all ordinances, resolutions, regulations, and standards of the district. The staff of the district shall include the district manager, town engineers, town public works department employees, the town director of finance/town treasurer, town clerk, town attorneys, town manager, and outside contractual services retained on an as needed basis. With the exception of the town manager and district manager, the district staff shall retain the same titles as they are given by the town except that at the beginning of each title "district" shall be substituted for "town."

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(Ord. No. 47, § 1, 7-20-2021)

No lateral sewer, main sewer, or other sewerage facility shall be installed, altered or repaired within the district until a permit for the work has been obtained from the district and all fees paid in accordance with the requirements of Chapter 21.28 of this title.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

It is unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the district sewer system. Any violation of this section shall be punishable under Section 21.36.015 and any violation may constitute other crimes under the California Penal Code or the United States Codes. Any person violating this provision shall be subject to any remedies permitted by this code.

(Ord. No. 47, § 1, 7-20-2021)

Editor's note— Ord. No. 47, § 1, adopted July 20, 2021, repealed the former § 21.04.110 and enacted a new § 21.04.110 as set out herein. The former § 21.04.110 pertained to protection from damage and derived from San. Dist. No. 2 Ord. 34 § 2 (part), adopted in 2002.

It is unlawful for any person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the district sewer system. Any violation of this section shall be punishable under Section 21.36.015 and any violation may constitute other crimes under the California Penal Code or the United States Codes.

(Ord. No. 45, § 3, 6-4-2018)

(a) Any action, decision, or determination made by district staff under this title may be appealed to the board of directors by the applicant or any other interested party. Any appeal permitted under this title shall be filed with the district clerk within ten calendar days of the date that the action was taken by district staff.

(b) The notice of appeal shall be accompanied by the required fee in the amount set by the town council for appeals under Title 18, Zoning, of the Corte Madera Municipal Code, and shall specifically state the reasons upon which the appeal is based, including but not limited to:

(1) Whether the action taken is in accordance with this title;

(2) Whether the action was taken in error or constituted an abuse of discretion; and/or

(3) Whether the action taken was not supported by the record or the facts presented to district staff.

(c) Following the filing of an appeal permitted by this section, the district clerk shall schedule the appeal for the next available meeting of the board of directors. At least ten calendar days in advance of the hearing, the applicant shall be noticed in writing of the date, time and location of the public hearing at which the appeal will be heard. The board shall hold a public hearing on the prescribed date and may affirm, reverse or modify the action taken by district staff based upon the facts as they are presented at the hearing. At the public hearing all oral and written testimony shall be presented to the board. Formal rules of evidence shall not be applied to the hearing. Any determination of an appeal made by the board shall be final and may only be challenged in accordance with the procedure set forth by the Code of Civil Procedure beginning with Section 1094.5.

(d) All appeals must be made to the district in writing within 180 days of receipt of Notice of Repair (hereinafter referred to as N.T.R) and all sewers subject to Appeals must pass a pressure test.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(Ord. No. 45, § 2, 6-4-2018)

In order to establish efficient procedures for the purchase of materials, supplies, equipment and services; to secure for the district materials, supplies, equipment and services at the lowest possible cost commensurate with quality needed; to exercise positive financial control over purchases; to clearly define authority for the purchasing function; and to assure the quality of purchases; the purchasing system of the town of Corte Madera as set forth in Chapter 3.40 of the Corte Madera Municipal Code, or as may be amended from time to time, is adopted as the purchasing system for the district. The purchasing agent of the district shall be the district manager. This purchasing system is established under Article 7, of Chapter 5, of Division 2, of Title 5 of the Government Code (Sections 54201-54205).

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002)

(a) Public projects as defined by the State of California Uniform Public Construction Cost Accounting Act (Section 22000, et seq. of the Public Contract Code), shall be let according to the provisions of the Public Contract Code, in the following manner:

(1) Public projects of less than or equal to sixty thousand dollars, or higher if state law so provides, may be performed by town employees, by force account, by negotiated contract, or by purchase order.

(2) Public projects of less than or equal to two hundred thousand dollars, or higher if state law so provides, may be let to contract by informal procedures as set forth in Section 22032, et seq. of the Public Contract Code.

(3) Except as otherwise provided by state law, public projects of more than two hundred thousand dollars shall be let to contract by formal bidding procedure.

(4) As permitted by Section 22034 of the Public Contract Code, the council authorizes the authority to award informal contracts of up to and including two hundred thousand dollars to the district manager and public works director.

(b) A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code.

(c) Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 22034 of the Public Contract Code, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be noticed at the discretion of the district; provided, however:

(1) If there is no list of qualified contractors maintained by the district for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.

(2) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(San. Dist. No. 2 Ord. 34 § 2 (part), 2002; Ord. No. 46, § 1, 2-16-2021)

It shall be the duty of the district manager, after consultation with the town manager, to collect, settle, compromise, release or dismiss any claim of the district provided its disposition is not otherwise directed by the district board of directors or by statute, ordinance, resolution, insurance policy or agreement, subject to certain conditions.

(a) The amount shall not exceed fifty thousand dollars per claim, provided if the claim is in litigation, the concurrence of the district counsel or other legal counsel retained by the district and representing the district or its officers or employees is obtained; and

(b) If the amount exceeds fifty thousand dollars per claim, the district manager shall recommend settlement or rejection of claims to the board of directors.

(Ord. No. 46, § 1, 2-16-2021)