Culver City Municipal Code Ch. 5.02 Sewers

Section

General Provisions

Sewerage Facilities Connection Requirements

Industrial Sewage

GENERAL PROVISIONS

The following definitions shall apply to terms used in this Chapter.

DIRECTOR. The City's Public Works Director/ City Engineer or his/her designee.

DIVISION. The Engineering Division of the Department of Public Works.

SEWER LATERAL or HOUSE CONNECTION SEWER. The pipe, as described in § 5.02.020 and § 5.02.260, respectively, used for conveying sewage from a facility's plumbing to the public sewer system, not including the connecting wye, "T", saddle or other structure used to physically connect to the public sewer system.

(Ord. No. 2004-009 § 4 (part))

It shall be unlawful for any person to make or maintain any connection with a public sewer without a permit to make such connection, obtained from the Division of Public Works.

('65 Code, § 29-1)

The owner of the facility and plumbing to which the sewer lateral is connected is obligated to maintain the sewer lateral to ensure public health and safety, and proper flow of sewerage from the facility.

(Ord. No. 2004-009 § 4 (part))

Every connection made with any public sewer shall be made in the following manner, utilizing the materials specified:

A. All pipe shall be first-class, vitrified, salt-glazed, socket pipe four or six inches in internal diameter, and in pieces of two feet in length as specified in each permit.

B. Proper bends shall be used in connecting the pipe leading to the house with the Y. Every such bend shall have an internal diameter of four or six inches, as may be so specified.

C. The material used shall be equal in quality and the manner of laying shall be the same as required by the specifications for public sewers in the City.

D. The grade shall be straight from the property line to the public sewer and shall have a fall of not less than one foot in fifty feet, unless otherwise permitted by the Division of Public Works.

E. The pipe must be at least three and one-half feet (3½') below the established grade of the street where such pipe crosses the property line. In all cases the line of pipe must be straight from the property line to the bend of the Y.

F. Where Y's cannot be found, a new Y provided with a sleeve or collar of proper dimensions shall be inserted and carefully connected with the pipe sewer by means of Oakum and cement or other material approved by the Division of Public Works, where the diameter of such sewer does not exceed ten inches. All work herein mentioned shall be done to the satisfaction of the Division of Public Works, and all excavations and back-filling shall be as required by the specifications for public sewers in the City.

('65 Code, § 29-2)

It shall be mandatory to connect to an available public sewer, except where an adequate private disposal system has been continuously in operation since October 20, 1954, and has not been ordered abandoned by the Department of Health. No private disposal system shall be permitted where a public disposal system is available for use.

('65 Code, § 29-3) (Ord. No. CS-239)

It shall be unlawful to excavate or construct any sewer treatment works or to construct or maintain any sewer pipes or conduits used for the treatment of sewage or for the discharge or conveyance of sewage, or related substance, so that such sewage or other similar substance would be conveyed into any ditch, stream, creek or channel or into any subterranean waters of the City, unless a permit has been obtained therefor from the City Council upon a showing by the Director of Public Works that such construction and operations will not be materially detrimental to the public welfare.

('65 Code, § 29-4) (Ord. No. 516)

A. The City Council by resolution shall establish a system of sewer user's service charges which shall provide that each parcel of property shall pay its proportionate share of the costs for operation, maintenance, repair and improvements of the City sewerage system.

B. Annually, before July 1, the City Engineer shall make and file with the City Clerk a report which sets forth the amount of money necessary to pay the sewerage system costs and the proportionate share of the cost for each parcel of property in the city.

C. The City Clerk shall mail written notice to each person, as disclosed by the last equalized assessment roll, owning property described in the report setting forth the sewer service charge for each person's property and the time and place a public hearing will be held by the City Council to consider objections and protests to the City Engineer's report. The notice shall be mailed at least ten days before the hearing.

D. At the conclusion of the hearing, the City Council shall allow or overrule any objections and modify the report if it is deemed necessary. By resolution the City Council shall then confirm the report and thereupon the charge against each parcel shall be a special assessment and lien on that parcel. The decision of the City Council as expressed in the resolution is final.

E. By resolution the City Council may enact additional regulations for further implementing the establishment and collection of the sewer user's service charge for the purpose of properly assessing each parcel of real property in the City its proportionate share of said costs, provided the City Council may by such resolution make provisions to avoid payment of the proportionate share by the Culver City Unified School District.

F. A certified copy of the resolution and report shall be filed with the County Auditor on or before August 10. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land. The assessment shall be collected at the time and in the manner of county property taxes and the laws relating to the levy collection and enforcement of County taxes apply to such special assessments.

('65 Code, § 29-6) (Ord. CS-978 § 1)

A. If the City Council in a particular fiscal year has conducted public hearings pursuant to notice as required by § 5.02.035 C. and confirmed the City Engineer's report in accordance with § 5.02.035 D. then the requirements for notice as set forth in § 5.02.035 C. shall not apply to hearings on report's prepared in subsequent fiscal years, but notice by publication of the time and place of a public hearing that will be held by the City Council to consider objections and protests to the City Engineer's report shall be adequate.

B. Publication shall be in a newspaper generally circulated within the City of Culver City and designated by the City Council, and shall be in compliance with Cal. Govt. Code § 6066.

('65 Code, § 29-7) (Ord. No. CS-993 § 1)

When sewer lines to be constructed in any street, lane, alley, or other public place within the City, and bordering on the City of Los Angeles, have been completed, all house connections on property abutting on such street, lane, alley or public place, temporarily connected to the sewer lines of the City of Los Angeles under the terms of the Inter-City Sewer Contract between the two cities, shall, within 30 days' notice so to do from the City Engineer's Office of City, be disconnected from said sewer line of Los Angeles and connected to the City sewer line.

('65 Code, § 30-51) (Ord. No. CS-183)

SEWERAGE FACILITIES CONNECTION REQUIREMENTS

For the purposes of this Subchapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

AVERAGE DAILY FLOW. The number of gallons of sewage discharged into the public sewers during a 24-hour period.

BONDED SEWER. Any public sewer within the territorial limits of the City of Culver City as they now exist for which construction thereof was not directly assessed against the property in accordance with benefits or paid for by the present or prior owners of the connecting property.

BONDED SEWER HOUSE CONNECTION SEWER. Any house connection sewer or portion thereof from a lot, or part of a lot, to a bonded sewer located directly in front, rear, or at the side of such lot, or part of such lot.

CONSTRUCTION. The acquisition of any and all rights of way or real property necessary for the performance and completion of the work referred to wherever authority is given to the City for any construction under the provisions of this Subchapter.

GROSS FLOOR AREA. The area included within the exterior of the surrounding walls of a building or portions thereof, exclusive of courts.

HOUSE CONNECTION SEWER. Any sewer pipe line, or portion thereof, constructed in a street, alley, walk, or other public place or in a sewer easement granted to the City and connecting, or proposed to connect, any lot or part of a lot with any public sewer.

INDUSTRIAL WASTE SEWER CONNECTION. Any house connection sewer, or portion thereof, used in the disposal of any and all liquid or water borne waste from industrial or commercial processes except domestic sewage.

INDUSTRIAL WASTE STORM DRAIN CONNECTION. Any storm drain connection carrying or intended to carry industrial waste from any industrial manufacturing, processing, or servicing establishment within Culver City.

INTERCEPTOR SEWER. An interceptor sewer is a collecting sewer that intercepts and collects the sewage from a number of lateral or local public sewers.

LOT. Any piece or parcel of land, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the County Recorder of Los Angeles County, provided, however, that in the event any building or improvements appurtenant to said building covers more area than a LOT as herein defined, the term LOT shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located.

PEAK FLOW. The maximum five minute rate of sewage flow to be generated from the premises as estimated by the City Engineer.

PUBLIC SEWER. Any sewer, other than a house connection sewer, which has been constructed in a public street, alley, walk, or other public place, or in a sewer easement, and is a part of the public sewer system of the City of Culver City.

SPECIAL HOUSE CONNECTION SEWER. Any house connection sewer from a lot, or part of a lot, which does not have a public sewer directly in front, rear, or at the side of such lot, or part of such lot, and which has not been directly assessed for a public sewer.

SPECIAL DRAINAGE CONNECTION. Any house connection sewer or storm drain connection from any swimming pool, wading pool, fountain, pond, tank, vat or receptacle which receives or disposes of rain water or surface water for which a permit is required.

STORM DRAIN CONNECTION. Any pipe line, or portion thereof, constructed in a street, alley, walk, or other public place, or in an easement granted to the City, and connecting or proposed to connect any lot or part of a lot with any storm drain.

('65 Code, § 29-10) (Ord. No. CS-666 § 1(1))

No person shall connect any sewer which has been or may hereafter be constructed in any street, prior to the dedication and acceptance of such street by the City Council, with any public sewer unless such sewer has been laid under the supervision and to the satisfaction of the Director of Public Works and in accordance with the specifications for public sewers adopted by the City Council and on file in the office of the City Clerk, and in accordance with plans and profiles approved by the City Engineer.

('65 Code, § 29-11) (Ord. No. CS-666 § 1(2))

Not more than one lot shall be connected to any one house connection sewer.

('65 Code, § 29-12) (Ord. No. CS-666 § 1(3))

A. Whenever real property tributary to the City sewerage system that can be served by existing sewers, or by the construction of an off-site sewer not longer than one mile to an available assured outlet sewer, whether financed or otherwise, is included within the borders of a new tract map, sewers, if not existing, shall be constructed within or adjacent to the tracts to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to recording of each such tract map, a fee which shall be determined by the Director of Public Works based upon rates established in § 5.02.220 hereafter referred to as the sewerage facilities charge, shall be paid by the owner thereof to the City. If the Director of Public Works determines that it would be contrary to the public welfare and interest to assume the responsibility of providing the necessary off-site or outlet sewers as required herein, he shall so recommend to the City Council for its final determination. Where a tract map for an industrial, commercial or multiple dwelling tract is to be recorded but the tract is to be developed at some future time, the Director shall charge a fee in accordance with a resolution adopted pursuant to § 5.02.220 when such tract is developed. Provided, however, that where it is determined by the Director of Public Works that a particular tract or parcel of land is being subdivided or re-subdivided solely for the purpose of absorbing a vacated street, for reverting an earlier tract to acreage, or for converting an existing multiple dwelling to a condominium, and not for development purposes, that tract or parcel of land shall be exempt from the requirement that a sewerage facilities charge be paid therefor.

B. In determining the sewerage facilities charge, the Director of Public Works shall:

1. Reduce the sewerage facilities charge when the owner demonstrates that the property has paid special assessment for an interceptor sewer to which it may connect directly or indirectly, by the amount of said special assessment.

2. Reduce the charge by all or part of the amount paid as a contributing property to the construction of an off-site sewer to serve the property prior to the requirement by the City that such charge shall be paid.

3. Provide a credit for any amount previously paid as an acreage charge or a sewerage facilities charge.

C. The Director may permit a subdivide to install off-site sewers in lieu of all or part of the sewerage facilities charge based on the actual cost of said off-site sewer. Should the actual cost of such off-site sewer be less than the sewerage facilities charge required by Subsection A. hereof, the difference between such actual cost and said sewerage facilities charge shall be paid by the subdivide to the City for deposit in an account in the General Fund expendable for the financing of the construction of outlet sewers for which the City is obligated by accepting charges in accordance with this ordinance.

D. The Council may authorize the subdivide or other property owner, by contract with the City, to construct off-site sewers costing in excess of the sewerage facilities charge required by Subsection A. hereof and, subsequent to the construction and acceptance of said off-site sewer, to reimburse said subdivide or property owner the difference between the actual cost of said off-site sewer and the sewerage facilities charge. If the sewerage facilities charge has been paid by the subdivide or property owner prior to entering into the contract with the City to construct an off-site sewer or prior to submission by the owner of evidence justifying reduction of the charge for any property in accordance with this section, the Council may authorize the refund of all or part of the sewerage facilities charge previously paid.

E. Actual cost of off-site sewers as used in Subsections C. and D. shall be determined from sealed bids, received and opened by the Director of Public Works, after publicly advertising therefor, plus engineering and incidental costs not to exceed ten (10) percent of the accepted bid price for the performance of the work.

F. In those cases where a sewerage facilities charge is paid, the City assumes the responsibility of providing the necessary off-site or outlet sewers when sewage disposal facilities are available and when connection to the City sewerage system is deemed to be necessary by the City.

G. Whenever good planning and engineering practice requires that sanitary sewers of greater size or depth than those required for the servicing of the property immediately concerned be constructed within or adjacent to the subdivision, the additional cost of providing sewers within or adjacent to the subdivision in accordance with the City's requirements of larger size or greater depth than that required by the property immediately concerned shall be considered the same as or in addition to the cost of constructing an off-site sewer as provided in Subsections C. and D. hereof.

H. Subdivisions other than those included in Subsection A. hereof may be:

1. Approved without the construction of sewers or the payment of the sewerage facilities charge where the County Health Officer and the City Engineer determine that ample area is available for private sewage disposal, where soil, ground water and other factors are favorable. The sewerage facilities charge shall be applicable to lots and parcels in these subdivisions when connections to future sewers are requested or required.

2. Permitted or required to construct sewers within the tract and pay the sewerage facilities charge upon the determination by the Council, upon advice of the Director of Public Works, that existing development or trends justify the City assuming the responsibility of providing the connecting sewers.

('65 Code, § 29-13) (Ord. No. CS-666 § 1(4); Ord. No. 2007-002 § 1)

A. The City Council shall establish, by resolution, the sewerage facilities charges required by this Subchapter, based upon a fair and equitable system of charges representing the costs to have new connectors to the wastewater system pay a proportionate share of the current value of the existing system.

B. The sewerage facilities charges shall be reviewed annually, and if deemed appropriate, may be adjusted by an increment based on changes in the “Engineering News Record” Construction Cost Index or other recognized cost of service allocation methodology.

C. The City Engineer may require the owner of property to submit plans and such other information as necessary to determine the applicable sewerage facilities charge.

('65 Code, § 29-14) (Ord. No. CS-776 § 1; Ord. No. 90-009 § 1)

A. No person shall make, construct, alter, or repair any house connection sewer, bonded house connection sewer, special house connection sewer, industrial waste sewer connection, industrial waste storm drain connection, storm drain connection, or special drainage connection, or any portion of any such sewer or storm drain connections, including sampling manholes, or connect any house sewer, soil pipe, or plumbing to any such sewer or storm drain connections or to a sewer or storm drain under the jurisdiction of the City of Culver City, without first obtaining a written permit therefor from the Director of Public Works.

B. Persons desiring to obtain a permit for any of the purposes enumerated in §§ 5.02.225 to 5.02.285 inclusive, shall file with the Director a written application therefor signed by the applicant, on printed forms, furnished by it for that purpose. The application shall contain such information as the Director may require. If it appears from the application that the work to be performed thereunder is to be done according to the regulations contained or referred to in this Subchapter, governing the doing of such work, a permit shall be issued upon payment of the permit charges required or referred to in § 5.02.240.

C. The Director before granting any permit in accordance with the provisions of §§ 5.02.225 to 5.02.285 inclusive, which will necessitate any excavation in, upon or under any State highway in this City or the making of a connection to a sewer or house connection sewer for which a permit is also required from a County Sanitation District, or a political subdivision other than this City, shall require such permit to be presented for inspection.

D. Nothing in this Section shall be deemed or construed to require the application for or the issuance of a permit for the purpose of removing stoppages in any house connection sewer, except when it is necessary to replace any part or all of such sewer connection or to excavate in any street or sidewalk or sewer easement in connection therewith.

E. A permit under which an excavation, tunnel, or the laying of sewer or storm drain pipe in any public street is contemplated will be issued only to other departments of the City, other governmental agencies, or contractors holding a valid contractor's license issued by the Contractors' License Board of the State of California in the classification of A-1 General Engineering, B-1 General Building, C-36 Plumbing, or C-42 Sewer, Sewage Disposal, Drain, Cement Pipe Laying. Exception: A permit for making sewer connections at the property line may be issued to any responsible person when in the opinion of the Director, the granting of such permit will not endanger public property or jeopardize the public's interests.

('65 Code, § 29-15) (Ord. No. CS-666 § 1(6))

The provisions of § 5.02.225 requiring permits for the construction of house connection sewers shall not be construed to apply to contractors constructing house connection sewers under contracts entered into under proceedings had or taken pursuant to any of the procedure ordinances of this City, or the County of Los Angeles, or the Statutes of the State of California, or other contracts authorized by the City Council, providing for the construction of such house connection sewers.

('65 Code, § 29-16) (Ord. No. CS-666 § 1 (7))

A. If the work authorized by a permit issued pursuant to §§ 5.02.225 to 5.02.285, inclusive, of this Subchapter, is not commenced within six (6) months from the date of its issuance, such permit shall expire and be canceled unless the time for commencement is extended pursuant to Subsection B. of this Section, in which case the permit shall expire and be canceled, if the work is not commenced, at the end of said extension of time. The City shall retain the permit issuance fee and any charges for plan check, as set forth by resolution, if the permit is revoked, canceled or expires. If the work authorized by a permit is commenced, it must be prosecuted diligently to completion.

B. The Director may extend the time for starting or completing the work, upon receipt of a written request. The Director may also suspend or revoke the permit at any time in the public interest upon receipt of a written request showing good and sufficient cause therefor by the permitted, the owner of the affected property, or other interested party. Any such action shall not be deemed to release any applicable insurance or surety filed pursuant to § 5.02.245.

C. If any person shall fail, refuse or neglect to complete all of the work required to be done pursuant to any permit, in the time allowed thereby, or within the period of any extension of time, if any such extension be granted, then the Director may perform necessary work to protect the public interest and complete the refilling and resurfacing of the excavation in the manner required by § 5.02.260 and recover the cost of such work in any manner allowed by law.

('65 Code, § 29-17) (Ord. No. CS-666 § 1(8); Ord. No. 2007-002 § 2)

Before granting any permit pursuant to the provisions of § 5.02.225, except applications filed by a department of this City, the Director shall require the payment by the applicant therefor such fees as are required by City ordinances and/or resolutions.

('65 Code, § 29-18) (Ord. No. CS-666 § 1 (9))

A. Liability insurance.

1. Required. Except as otherwise provided in this Subchapter, a permit required by § 5.02.225 under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, will not be issued until the applicant has filed with the City Engineer a policy of protective liability insurance in which the City has been named as insured or coinsured with the permitted. The policy of insurance shall insure the City and its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permitted, or any contractor or subcontractor of the permitted, pursuant to the permit.

2. Amounts. The policy of insurance shall provide coverage as follows:

Bodily Injury $100,000 each person

Bodily Injury $300,000 each accident

Property Damage $50,000 each accident

3. Coverage. Such policy of insurance shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved.

B. Deposits.

1. Required. Except as otherwise provided in this Subchapter, a permit required by § 5.02.225 under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street or public easement is contemplated, will not be issued until the applicant has deposited with the Director of Public Works not less than $500 in cash which shall remain on deposit with the Director for not less than six months from the date of the last permit issued to the depositor thereof. Such deposit will be held to insure the faithful performance of the work and the payment of all charges required by §§ 5.02.225 to 5.02.285 inclusive, and the Director is hereby empowered to deduct from the cash deposit all sums due for charges hereunder and for any and all damages accruing to this City by reason of faulty or defective work of the permitted.

2. Surety bond in lieu of deposit. Whenever in this Section a cash deposit in the amount of $500 or over is required, the applicant may provide in lieu of such cash deposit, a good and sufficient bond in an amount equal to the amount of such cash deposit, payable to this City, by and executed by the applicant as the principal and by a reliable surety company satisfactory to the City. Such bond shall be conditioned upon the payment of all charges required by §§ 5.02.225 to 5.02.285 inclusive, and the faithful and proper performance of work upon the same terms as those required by such cash deposit in lieu of which such bond is executed. The Director is hereby empowered to enforce collections under said bond for all sums due for charges hereunder and for any and all damages accruing to this City by reasons of faulty or defective work of the permitted.

('65 Code, § 29-19) (Ord. No. CS-666 § 1(10))

The Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government, will not be required to make a deposit or to post a policy of protective liability insurance as otherwise required by §§ 5.02.240 and 5.02.245.

('65 Code, § 29-20) (Ord. No. CS-666 § 1(11))

A. Before granting a permit to connect any lot or parcel to a public sewer or house connection sewer pursuant to the provisions of § 5.02.225, except applications filed by a department of this City and applications for permits to repair or replace existing sewer connections which repair or replacement is unrelated to any new construction or to new use or occupancy, the Director shall require, in addition to all other charges and fees imposed by §§ 5.02.225 to 5.02.285 inclusive, the payment by the applicant therefor of a sewerage facilities charge fixed in accordance with § 5.02.220. The Director shall provide a credit in the amount of any fee or charge previously paid as outlet or off-site sewer charges, or sewerage facilities charge, whether paid in money or by the construction of such off-site sewer.

B. A sewerage facilities charge based upon the rates established in § 5.02.220 of this Subchapter, shall also be imposed as follows:

1. Addition to existing residence. Where an addition is made to an existing residential occupancy except a single family dwelling or a duplex, a charge shall be imposed for the additional dwelling units created and for the existing dwelling units which are enlarged by the addition of bedrooms; no charge shall be imposed for an addition to a single family dwelling or to a duplex;

2. Addition to commercial building. Where an addition is made to an existing commercial building, a charge shall be imposed for the additional gross floor area created.

3. Addition to industrial building. Where an addition is made to an existing industrial building, a charge shall be imposed based on the increased peak flow;

4. Change of use or occupancy. Where the use or occupancy of an existing building is changed, a sewerage facilities charge shall be imposed based upon such new use or occupancy. Provided, however, that a credit shall be allowed for any acreage fee or sewerage facilities charge previously paid for such property, and for any off-site sewers previously paid for either in cash or by construction thereof to serve such property, not to exceed the sewerage facilities charge imposed for the new use or occupancy.

5. Replacement of building or structure.

a. Charge imposed. Where an existing building or structure is completely or substantially replaced with a new building or structure, a sewerage facilities charge shall be imposed thereon. Provided, however, that a credit shall be allowed for any acreage fee or sewerage facilities charge previously paid for such property, and for any off-site sewers previously paid for either in cash or by construction thereof to serve such property, not to exceed the sewerage facilities charge imposed on the new building or structure.

b. Exceptions. The provisions of this paragraph shall not apply, and no sewerage facilities charge for a replacement building or structure shall be imposed, if each of the following conditions are established:

(1) The replacement is of a building or structure which was wholly or substantially destroyed by fire, flood, landslide, earthquake or other similar cause;

(2) The building or structure is replaced by the party who owned the destroyed structure; and

(3) The replacing building or structure is for the same use and is of approximately the same area or will contain approximately the same number of units, dwelling units, rooms, seats, beds, or students, or will generate approximately the same peak flow, whichever measure is applicable to the particular occupancy as set forth in the table which is a part of § 5.02.220.

C. The Council, may, in the exercise of its sound discretion, and upon the advice of the Director of Public Works, reduce the sewerage facilities charge for any property for which off-site public sewers are constructed beyond the limits of said property, by all or part of the actual cost of the construction of said off-site public sewer.

('65 Code, § 29-21) (Ord. No. CS-666§ 1(12))

A. No person having obtained a permit from the Director of Public Works shall construct, alter or repair any house connection sewer or any portion of any house connection sewer, or make a connection to any public sewer, or house connection sewer, pursuant to any such permit, at any place other than that designated thereon, or fail, refuse or neglect to comply with any requirement contained or referred to in the Culver City Municipal Code.

B. At all times, while the work under any such permit is in progress, the original of such permit must be kept at the place of the work and must, on demand, be exhibited to the Director or to his inspectors, agents or representatives, or to any police officer.

('65 Code, § 29-22) (Ord. No. CS-666 § 1(13))

A. Persons desiring a permit to connect to or construct a Special House Connection Sewer or Bonded Sewer House Connection Sewer shall make written application to the Director of Public Works, giving such information as the Director may require. The Director may issue a permit to make such sewer connection upon payment of the fees provided in § 5.02.240 or this Subchapter.

B. When the shape of a lot is other than the usual rectangular shape or unusual in area, and the strict adherence to the above mentioned provision would require a property owner to pay an amount not commensurate with the benefits to be received, the provisions of this Section as to the limits of the frontage of a lot to be assessed may be modified by the City Council.

C. Nothing in this Section shall be deemed or construed to apply to the issuing of a permit for the construction of Bonded Sewer House Connection Sewers if the property sought to be connected, although abutting on a Bonded Sewer, has been duly assessed for a public sewer constructed in the front, rear or at the side of such property.

D. Upon giving such information as the Director may require on forms to be furnished for the purpose, payment of the charges presently prescribed by Subsection A. of this Section, may be made in advance of the application for, or the issuance of, the permit to make such connection to any bonded sewer, and, upon such payment having been made, the applicant for the permit to connect shall be entitled to such permit upon payment of the fees prescribed in City ordinances and/or resolutions.

('65 Code, § 29-23) (Ord. No. CS-666 § 1(14); Ord. No. 2007-002 § 3)

A. In any case any special or bonded sewer charges as provided for in § 5.02.265 be paid and thereafter a public sewer is constructed to serve such lot and such lot is assessed for the construction thereof, the owner of such lot, upon presentation of a written application to the Director, shall be entitled to have repaid to him from the City Treasury, in accordance with ordinance or current provisions, the charge paid to the City under § 5.02.265. The original receipt for said charge must accompany the application for refund, or if it is lost, an affidavit must be filed with the Director setting up the circumstances thereof in a manner acceptable to the Director. If it is found that a refund should be made, such refund shall be made by the City Treasurer upon written instructions from the Director.

B. No refund shall be made of money collected pursuant to § 5.02.265 hereof, which must be paid to a school district or a department of this City, other than the Department of Public Works, in accordance with any ordinance of this City.

('65 Code, § 29-24) (Ord. No. CS-666 § 1(15))

A. There is hereby created a fund to be known as the Sewerage Facilities Fund.

B. The Director is hereby authorized to use monies available in the Sewerage Facilities Fund for financing the construction of outlet sewers for which the City is obligated by accepting charges in accordance with § 5.02.220, subject to Council approval.

('65 Code, § 29-25) (Ord. No. CS-666 § 1(16))

There is hereby established a special fund in the City Treasury entitled Sewer Construction and Maintenance Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into such fund. Monies deposited into the Sewer Construction and Maintenance Fund shall not be subject to reversion to the Reserve Fund. All monies received and deposited into the Sewer Construction and Maintenance Fund, except to the extent their use is otherwise authorized by ordinance, shall be expended as provided in the budget or as may be authorized by the City Council by resolution for the purpose of financing the cost of acquisition, construction, reconstruction, operation, maintenance, alteration, replacement and repair of property and facilities for the collection, treatment and disposal of sewage for the City of Culver City. Provided, however, that whenever monies received by the City subject to limitation imposed by the City upon the use thereof have been placed into such fund, such monies may be expended only in accordance with said limitations. The Director of Public Works shall cause the necessary demands to be drawn upon the monies so approved for expenditure.

('65 Code, § 29-26) (Ord. No. CS-666 § 1(17))

A. When any person finds it necessary to construct any connection to a sewer, storm drain, or catch basin at a point where no structural opening exists for such connection, he shall apply to the Director of Public Works for authorization to make or to have such connection made, accompanying such application with the fee hereinafter specified.

B. Whenever the Director finds that it is necessary for any such person to construct any such storm drain or catch basin connection at a point where no structural opening exits therefor, the applicant must obtain permits and pay applicable fees. Unless otherwise specified by the Director, the connection shall be made in the presence of an inspector acting under the authority of the Director, and shall conform to any special instruction of the City Engineer or said inspector.

C. Whenever the Director finds that it is necessary for any such person to construct a connection to any sewer of 18 inches or less in diameter, where no “Y” or “T” spur branch, or other structural opening exists, the contractor or person doing such work shall excavate to the sewer at the point where the connection is to be made, and sewer maintenance forces of the City may then cut the required hole in the sewer top and install a saddle furnished by the City for the connection.

D. Tap connections to clay pipe sewers over 18 inches in diameter shall be made as stated in Subsection C. In the tapping of any interceptor or outfall sewer constructed of brick and concrete, or concrete, or any sewer with protective lining, the permitted shall pay to the City the total cost of the work done in connection therewith.

E. All work herein referred to shall be done in a good, workmanlike manner under the supervision and to the satisfaction of the Director of Public Works.

F. The provisions of Subsection C. and D. of this Section shall be applicable only to connections authorized by permits issued in accordance with § 5.02.225 of this Subchapter.

('65 Code, § 29-27) (Ord. No. CS-666 § 1(18); Ord. No. 2007-002 § 4)

Nothing in this Subchapter shall be construed to prevent any person maintaining any house connection sewer in any street, by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the City are closed; provided, that the person making such excavation shall obtain a permit therefor within four (4) hours after the offices of the City are first opened subsequent to the making of such excavation.

('65 Code, § 29-28) (Ord. No. CS-666 § 1(19))

If it is found that a refund should be made pursuant to the provisions of §§ 5.02.215 to 5.02.285 inclusive, such refund shall be authorized by the Director from the fund in which the amount to be refunded was deposited, subject to City Council approval.

('65 Code, § 29-29) (Ord. No. CS-666 § 1(20))

A. Waiver of fee; war purposes only. Whenever any officer, agency or instrumentality of the United States of America, engaged in the performance of duties directly related to the prosecution of a war in which the United States is engaged, applies to the Director for a permit for any of the purposes mentioned in §§ 5.02.225 to 5.02.285 inclusive, the Director shall waive the payment of any permit or inspection fees, deposits or special charges otherwise required by this Subchapter, and may modify the requirements of § 5.02.260, if the Director finds that the proposed installation is designed and intended to be used to serve premises or facilities owned or operated by the Federal Government and used principally for purposes directly related to the prosecution of a war.

B. Effect of grant. The grant of permission to make any such installation, extended under this Section, shall not be construed to confer any permanent or vested right to the use of the streets or public property of this City, or to maintain, for a period of more than six (6) months after the termination of a war, any installation made hereunder or any connection with a public sewer, except with the consent of the City Council, which may be withdrawn, or extended, upon such terms as the Council may then or at any time thereafter impose. The use, directly or indirectly of any installation made pursuant to this section by anyone other than the applicant and those persons, firms or corporations which have equitably participated with the Federal Government in the cost of said sewer construction or installation as determined by the Director from certified copies of existing contracts between said parties and the Federal Government, shall be subject to such terms and conditions as the City Council may at any time impose.

C. Conveyance of title to right-of-way public sewer. In the event that the Federal Government and the other parties in interest, as mentioned in Subsection B. above, shall offer to convey all their respective right, title and interest to any sewer constructed hereunder, including all necessary rights of way for sewer purposes, without cost to the City of Culver City, and if the Director finds that the sewer may properly be used as a public sewer, to the substantial advantage of the City, then the Director is authorized to accept said sewer as a public sewer at such time as the City Council has accepted all necessary easements therefor and the parties in interest, above-mentioned, will be entitled to continue to use said sewer facilities without the payment to the City of any permit or other special fees or charges except those required by § 5.02.240.

D. City Engineer approval required. No permit shall be granted hereunder unless plans and specifications of the proposed installation have first been submitted to and approved by the City Engineer.

('65 Code, § 29-30) (Ord. No. CS-666 § 1(21))

Notwithstanding any of the provisions of this Subchapter and specifically notwithstanding § 5.02.220, public schools shall be exempt from the sewerage facilities charges set forth in § 5.02.220 of this Subchapter.

('65 Code, § 29-31) (Ord. No. CS-719 § 1)

INDUSTRIAL SEWAGE

The purpose of this Subchapter is to provide for the maximum possible beneficial public use of the City's facilities through adequate regulation of industrial wastewater discharges, and to provide procedures for complying with requirements, including Federal pretreatment requirements, placed upon the City by other regulatory agencies.

('65 Code, § 29-5 A.) (Ord. No. CS-535; Ord. No. CS-969 § 1)

For the purpose of this Subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DOMESTIC WASTEWATER. The water carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.

INDUSTRIAL WASTEWATER. All water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

('65 Code, § 29-5 B.) (Ord. No. CS-535; Ord. No. CS-969 § 1)

The following policies apply to all liquid waste discharges within the City's boundaries and to other discharges that are tributary to the City's facilities.

A. Generally, liquid wastes originating within the City will be removed by the City's sewerage system provided the wastes will not:

• 1. Damage structures;
• 2. Create nuisances such as odors;
• 3. Menace public health;
• 4. Impose unreasonable collection, treatment or disposal costs on the City;
• 5. Interfere with wastewater treatment processes;
• 6. Exceed quality requirements set by regulatory governmental agencies; or
• 7. Detrimentally affect the local environment.

B. The highest and best use of the City sewerage system is the conveyance, treatment and disposal of domestic wastewater. The use of the City's sewerage system for industrial wastewater discharges is subject to additional regulation by the City.

C. To comply with stated policies of the State and Federal Government and to permit the City (or its contracted disposal agency) to meet increasingly higher standards of treatment plant effluent quality, provisions of the County of Los Angeles Code, Title 20, Chapter 20.20, Sections 20.20.010 though 20.20.420, Definitions; Chapter 20.24, Sections 20.24.010 though 20.24.210, General Provisions; Chapter 20.32, Sections 20.32.440 and 20.32.640 through 20.32.690, Sanitary Sewers; and Chapter 20.36, Sections 20.36.010 though 20.36.550, Industrial Waste, are hereby adopted by reference and shall be referred to as the "Industrial Waste Code of the City of Culver City." One copy of the Industrial Waste Code of the City of Culver City shall be kept on file in the Culver City Clerk's Office for public inspection. In addition, whenever the Industrial Waste Code of the City of Culver City identifies the "County Engineer" as having the authority to make a determination, interpretation and/or vary from the provisions of the Code, no action shall be taken until the Culver City Public Works Director/City Engineer or her/his designee has expressly approved such modification.

D. Recovery and reuse procedures established by industrial wastewater dischargers to meet the limitations set on their discharges will be preferred by the City over those procedures designed solely to meet wastewater discharge limitations.

E. Optimum use of the facilities of the City may require that certain industrial wastewater be discharged during periods of low flow in the sewerage system of the City.

('65 Code, § 29-5 C.) (Ord. No. CS-535; Ord. No. CS-969 § 1; Ord. No. 2003-018 § 2)

A. No person shall discharge or cause to be discharged any industrial wastewater directly or indirectly to sewerage facilities owned by the City without a valid unsuspended and unprovoked permit for industrial waste discharge issued in accordance with regulations and procedures established by the Industrial Waste Code of the City of Culver City.

B. No person shall discharge or cause to be discharged any industrial wastewater directly or indirectly to sewerage facilities owned by the City in violation of any condition of a permit for industrial waste discharge or in violation of any regulation for industrial waste discharge established by the Industrial Waste Code of the City of Culver City.

('65 Code, § 29-5 D.) (Ord. No. CS-535; Ord. No. CS-969 § 1; Ord. No. 2003-018 § 3)

Every person who violates any provision of this Subchapter or any regulation of industrial wastewater discharge established by a resolution of the City Council, including any condition of any permit issued in accordance with such regulations, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment for a period not exceeding six (6) months or a fine of One Thousand Dollars ($1,000.00) or both.

('65 Code, § 29-5 E.) (Ord. No. CS-535; Ord. No. CS-969 § 1; Ord. No. 2003-018 § 4)

Any industrial wastewater discharger who discharges or causes the discharge of prohibited waste waters which cause damage to City facilities, detrimental effects on treatment processes or any other damages to the City shall be liable to the City for all damages occasioned thereby, including any penalty assessed against the City pursuant to Federal law and as a result of such prohibited discharge.

('65 Code, § 29-5 F.) (Ord. No. CS-535; Ord. No. CS-969 § 1)

Editor's note:

The Subchapter (§§ 5.02.500 - 5.02.555) entitled "Stormwater Management and Discharge Control" was rescinded pursuant to City Council action, dated November 11, 2002. In its place, two weeks later, on November 25, 2002, the City Council approved and adopted Ord. No. 2002-014, which added to the Code Chapter 5.05, entitled "Stormwater and Urban Runoff Pollution Control."