Hillsborough Municipal Code Ch. 13.32 Construction—maintenance

Footnotes:

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Editor's note— Ord. No. 702, § 1, adopted June 11, 2012, amended chapter 13.32 in its entirety to read as herein set out. Former chapter 13.32, §§ 13.32.010—13.32.110, pertained to similar subject matter. Refer to Ordinance List and Disposition Table and Code Comparative Table for a complete derivation.

The provisions of this chapter shall not apply to any work done or to be done pursuant to the street improvement laws of the state, or of any of the laws of the state providing for such improvement, nor to any work done or to be done pursuant to any contract for improvement made by the city council.

(Ord. No. 702, § 1, 6-11-2012)

Refer to Section 13.33.030 for definitions of terms used in this Chapter 13.32.

(Ord. No. 702, § 1, 6-11-2012)

It is unlawful for any person, firm or corporation to construct, repair or maintain any sewer, or system of sewers, in, on or under any public or private street, avenue, lane, alley, court, place or public way, right-of-way, or upon any parcel of land, whether public or private, without first obtaining a permit so to do from the town as provided in this chapter.

(Ord. No. 702, § 1, 6-11-2012)

An application for permission to construct, repair or maintain any such sewer or system of sewers shall be presented to the town and in the event that the work proposed is for a new sewer, said application shall be accompanied by plans and profiles showing the exact location, grade and elevation to which said sewer is proposed to be constructed, and the location and method by which the new work is proposed to be connected to any existing Hillsborough system.

(Ord. No. 702, § 1, 6-11-2012)

No actual sewer construction or repair shall be commenced until a permit therefore is granted by the town. After the granting of such permit, the applicant may proceed with the construction or repair of said sewer or system of sewers, or in the case of new subdivisions, the applicant may agree by contract with the town to guarantee the construction and installation in accordance with provisions of the subdivision laws of the town.

(Ord. No. 702, § 1, 6-11-2012)

All sewer work of any character must be performed under the direction and inspection of the city engineer, and any work installed without approval shall be subject to removal at the property owner's expense. The applicant shall pay a fee (per the master fee schedule most recently adopted by the city council) for the inspection of such work, which shall adequately reimburse the town for all costs.

(Ord. No. 702, § 1, 6-11-2012)

Any applicant proposing construction or repair of sewers within the public right-of-way or easement shall obtain an encroachment permit and shall file with the city engineer a performance bond to guarantee that the work is completed properly; the amount of such bond shall be fixed by the city engineer.

(Ord. No. 702, § 1, 6-11-2012)

All private sewer construction work performed in the town shall conform to the currently adopted version of the California Plumbing Code and the Town of Hillsborough Standard Details, which are available for viewing and downloading on the town's website, and in accordance with a plumbing permit issued by the town.

Refer to Section 13.33.050 for technical standards pertaining to private sewer laterals.

(Ord. No. 702, § 1, 6-11-2012)

Stormwater shall not be introduced into the sanitary sewer system, but shall be confined to the surface and subsurface storm drainage facilities provided.

(Ord. No. 702, § 1, 6-11-2012)

Every lot or parcel, as delineated on the official map of the town, is entitled to one sewer lateral connection and no more, unless:

A. On the lot or parcel are two or more existing structures requiring connection to a main sewer, in which case the lot or parcel is entitled to as many laterals as are currently in use; or

B. The lot or parcel has street frontage on two or more streets and each such frontage is in excess of one hundred fifty feet, in which case the lot or parcel is entitled to one lateral for every one hundred fifty feet of street frontage. In such event, no lateral shall be located less than one hundred fifty feet from any another lateral on the same lot or parcel, nor, in the case of corner lots, shall the lot or parcel be entitled to more than one lateral within one hundred fifty feet of a street intersection.

C. If a new structure (or structures) is (are) legally constructed on a lot or parcel, but existing topography or geological conditions make it infeasible for the structure(s) to utilize an existing lateral or a common lateral shared among the structures, the city engineer may allow one or more additional laterals to be installed, but the total number of connections to the public sewer mains shall be the minimum feasible.

(Ord. No. 702, § 1, 6-11-2012)

A. New sewer laterals from any lot or parcel may not cross another lot or parcel, regardless of ownership, unless it is demonstrated to the city engineer's satisfaction that no other feasible alternative exists. Approval will not be granted without evidence being provided to the town of a private easement for the new lateral having been obtained from the owner of the adjacent lot or parcel, which shall be recorded with the county.

B. If multiple lots or parcels currently share a connection to a public sewer main, that shared lateral may continue to be used. The property owners bear joint responsibility for the maintenance of the lower lateral in the public right-of-way or easement and for the common portion of the upper lateral up to the point at which it branches to serve them separately.

(Ord. No. 702, § 1, 6-11-2012)

All sewer connections described in this chapter are subject to a sewer connection fee, payable prior to any connection to the main sewer. The amount of such fees shall be set in the master fee schedule most recently adopted by the city council.

All sewer connection fees collected shall be used only for the purposes allowed by law.

(Ord. No. 702, § 1, 6-11-2012)

A. Any lateral sewer or private side sewer which connects with a main sewer in any public street, road, or easement in the town and which has become broken or in need of repair and any water pipeline and connection to the town's meter which pipeline or connection has become damaged or deteriorated shall be repaired by and at the cost and expense of the property owner whose property is drained through such sewer or served by such water pipeline and connection to the town's meter. It is the duty of such property owner to keep such sewers, pipelines and connections in good condition and repair and, if ever any shall be in bad condition or out of repair, to report that fact to the city engineer and to make prompt repairs thereto as required by this chapter and Chapter 31.33. In addition, the city engineer may require that any lateral be inspected at the property owner's expense, including by video inspection, if there are reasonable grounds to suspect that the lateral is damaged, deteriorating, or has defects.

B. Whenever title to any improved parcel of land is to be transferred to or vested in any person(s) or entity(ies) not theretofore holding such title, all private side sewers and all lateral sewers and all water pipelines and connections to the town's meters shall be tested for infiltration and leaks and inspected (including video inspection) for any other damage, deterioration, or defects requiring repair, and all side and lateral sewers shall be inspected for the presence of an operational IAMPO-approved back flow prevention device. (Without limiting the generality of the foregoing, foreclosures and transfers of undivided interests-but not transfers to the transferor's living trust-constitute transfers of title triggering the requirements of this subsection.) If no such back flow prevention device is in place, and the side and lateral sewers are not sufficiently above grade to prevent a sewage back flow (or if there is an insufficient number of such devices or if such devices are not effectively located), as many such devices shall be installed, prior to the transfer of title, where and as needed to provide effective back flow prevention.

C. All testing and inspection procedures shall be approved in advance by the town and done at the expense of the owner whose property is drained or served by the subject sewer, water pipeline or connection. All repair, replacement or upgrade work (including, but not necessarily limited to, installation of IAPMO-approved back flow prevention devices) necessary to prevent all property damage, infiltration and leaks and to otherwise restore the sewers and water pipelines and connections to good operating condition, shall be approved by the town in advance and shall be completed at the property owner's expense (or as the property owner and transferee otherwise apportion the costs between them) prior to the property transfer or vesting of title. Arranging for all such testing, inspection and repair shall in all events be the responsibility of the owner whose property is drained or served by the subject sewer, water pipeline or connection. The requirements for testing, inspection, back flow certification and/or repair may be waived by the city engineer, at his or her discretion, for any parcel whose lateral sewer, water pipeline or connection draining or servicing such parcel has been tested, back flow certified and inspected (and repaired if indicated) pursuant to this section within the two-year period immediately preceding the proposed transfer or vesting of title.

D. If any transfer or vesting of title is completed in violation of the provisions of subsections B. and C. of this section, the person(s) or entity(ies) who are owners of such parcel after such transfer or vesting shall be responsible for completion of such testing, inspections and repairs. Failure to do so, after notice from the town, shall be deemed a public nuisance under Section 8.16.010 and applicable provisions of Sections 8.16.020 and 8.16.030 of this Code and subject to abatement under the provisions of Chapter 8.16 of this Code in addition to any other remedies.

E. Without limiting the foregoing, transfer of title of real property, the sale of which is being handled in escrow, shall occur on the date such escrow closes.

F. The building department shall establish the necessary administrative procedures to implement this section and shall collect inspection fees for (1) the observation of the performance of the initial testing of sewer laterals and/or water service and related inspection and (2) the observation of the performance of each subsequent retesting (required because previous test results were unsatisfactory) and related inspection, including, without limitation, inspection of repairs or replacements made to the sewer laterals and/or water service. The amount of such fees shall be set in the master fee schedule most recently adopted by the city council.

(Ord. No. 702, § 1, 6-11-2012)

A. Construction of new structures: Whenever a new structure requiring connection to the public sewer main is constructed on a property with an existing private sewer lateral, that lateral shall be subject to evaluation and must be repaired or replaced if necessary.

B. Remodeling or renovations of existing structures: When more than one thousand five hundred square feet of an existing structure is remodeled or renovated, the lateral serving the structure shall be subject to evaluation and must be repaired or replaced if necessary.

C. Property being subdivided: Each parcel will require a separate lateral connection to the public sewer main when it is improved. Existing sewer laterals must be evaluated, and repaired or replaced if necessary, or they must be removed or abandoned.

D. Removal or abandonment of an existing private sewer lateral: If an existing lateral is removed or abandoned, the connection to the sewer main must be removed and replaced with a section of new pipe per the town's standards.

(Ord. No. 702, § 1, 6-11-2012)