Los Gatos Municipal Code Art. II Sanitary Disposal of Sewage

This article shall apply to all territory embraced within the Town.

(Code 1968, § 25-14)

It shall be unlawful to maintain, or use, any residence, place of business or other building or place where persons reside, congregate or are employed which is not provided with means for the disposal of sewage, either by a flush toilet connected with a sewage system approved by the Health Officer of the Town, or, when it is judged permissible by the Health Officer, a privy which meets the requirements of construction and maintenance described in this article.

(Code 1968, § 25-15)

Every building where persons reside, congregate or are employed, which abuts a street or alley in which there is an approved public sanitary sewer, or which is within two hundred (200) feet of an approved public sanitary sewer, provided a right-of-way can be obtained, and if possible grade is present, shall be connected to the sewer, by the owner or agent of the premises, in the most direct manner possible, and with a separate connection for each home or building, except as otherwise approved by the Health Officer, where pipe size is adequate and right-of-way therefor is deeded to the Town.

(Code 1968, § 25-16)

(a) Every residence, place of residence or other building or place where persons congregate, reside or are employed, and which does not abut a street or alley in which there is an approved sanitary sewer, or which is not within two hundred (200) feet of an approved public sanitary sewer, shall be provided with a private water flush toilet, or if, in the opinion of the Health Officer, conditions permit, a privy, by the owner or agent or occupant of the premises. Such water flush toilet system or privy shall be built or rebuilt, constructed, altered or reconstructed or maintained in such manner as to meet the requirements of construction and maintenance set out in this section.

(b) At any residence, place of business or other building where there is installed a water flush system or sewage disposal system which is not connected to a public sewer system, and where the customary users do not exceed fifteen (15) in number, there shall also be established or installed a private sewage disposal system. Such disposal system shall consist of a septic tank and a system of underground drains for the disposal of the tank effluent. Such tank and drains shall be so constructed as to meet the requirements of construction and maintenance set out in this section.

(1) Septic tanks. Septic tanks shall conform to the following specifications:

a. Compartments; location. Septic tanks shall be of two-compartment construction; the first compartment being twice the capacity of the second. Such tank shall be of a type constructed and located in accordance with the recommendations of the State Department of Public Health and the Health Officer. If it is necessary to install the tank above the ground surface, it shall be made air and odor tight. The septic tank, distribution box, if used, and all inlets and outlets thereto, shall be watertight.

b. Site. The minimum capacity of the septic tank shall be seven hundred (700) gallons.

c. Materials. The septic tank shall be constructed of concrete, treated irrigation heart grade redwood, or equal, or some other material of equally durable and waterproof qualities approved by the Health Officer.

d. Drains. The effluent from the septic tank shall discharge into an approved absorption field. The construction shall be such that the sewage may at no time flow over the top of the ground. The absorption field shall be laid at a grade of not more than two (2) inches in one hundred (100) feet. The effluent lines shall be laid in a trench at least twenty-four (24) inches wide, which has a layer of one (1) to two (2) inch loose rock on the bottom, at least twelve (12) inches deep and at least four (4) inches over the top of the effluent lines. The minimum length of the effluent leaching lines shall be one hundred twenty-five (125) feet. Additional length of the effluent lines may be required by the Health Officer if unusual conditions are encountered. In any case where the topography or area of any lot, piece or parcel of land upon which a septic tank is erected, maintained, constructed or is proposed to be erected, maintained or constructed is such that the minimum requirements for the length of effluent leaching lines cannot be complied with, the Health Officer may grant a special permit for the erection, construction or maintenance of shorter effluent leaching lines, or other means of effluent disposal, if, in the Health Officer's judgment, such other means or shorter effluent lines are sufficient to provide for the efficient disposal of the effluent without endangering public health or safety.

(2) Cesspools. It shall be unlawful to use a cesspool for the disposal of sewage without a permit from the Health Officer.

(3) Sewer wells. All sewer wells are hereby declared to be a public nuisance. It shall be unlawful to drill, construct, maintain or operate a sewer well.

(4) Sewage disposal plants. At any residence, place of business or other building where there is installed a water flush system or sewage disposal, which is not connected to a public sewer system, and where the customary users exceed fifteen (15) in number, there shall also be established or installed a private sewage disposal plant, the plans and construction of which, in each separate case, shall be approved by the Health Officer.

(5) Pit privies. Pit privies shall conform to the following:

a. It shall be unlawful to use a pit privy for the disposal of sewage without a permit from the Health Officer.

b. When, in the opinion of the Health Officer, the conditions permit the disposal of sewage by means of a pit privy, such privy, if established or installed, shall be so constructed, built, rebuilt or maintained that:

1. The privy shall be placed at a distance approved by the Health Officer from all wells, streams and dwellings.

2. The sewage deposited therein shall not fall upon the surface of the ground, but shall enter into a vault or pit in the ground or a compartment built for that purpose.

3. Such vault and building thereon shall at all times be inaccessible to insects, rodents or other animals.

4. The pit vault or compartment, together with the floor riser, seat and other portions of the building, shall, as a unit, prevent the entrance of either rain or surface water into the pit below.

5. All privy buildings shall be kept in clean and sanitary condition at all times.

c. Chemical privies, septic privies, concrete vault privies or other privies not heretofore mentioned may be used only with the special permission of the Health Officer.

(Code 1968, § 25-17)

It shall be unlawful for any person to construct or maintain any privy, cesspool, septic tank, sewage treatment works, sewer pipes or conduits or other pipes or conduits for the treatment or discharge of sewage, or impure waters or any matter or substance offensive, injurious or dangerous to health, whereby they shall:

(1) Overflow any lands whatever;

(2) Empty, flow, seep, drain into or affect any springs, wells, streams, rivers, lakes or other waters within the Town; provided that, if, with respect to existing septic tanks sewage treatment works, sewer pipes or conduits or other pipes or conduits for the treatment or discharge of sewage or impure waters, it would be exceptionally difficult, if not impossible, to comply with the provisions of this section the Health Officer shall have the power by special permit to allow such variations from the provisions contained in this section as will prevent unnecessary hardship or injustice and at the same time most nearly accomplish the general purpose and intent of this article.

(Code 1968, § 25-18)

It shall be unlawful for any person, to construct, build or rebuild any residence, place of residence or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first submitting plans of the means of sewage disposal to the Health Officer, and obtaining a permit therefor. Such plans shall include the plot plan of the premises, with sufficient elevations, the size and type of the septic tank, and a plan of the absorption field, giving all dimensions and other pertinent information. Every applicant for a permit shall pay to the Health Officer for each permit issued and at the time of issuance a fee of two dollars ($2.00) for each sewage disposal system.

(Code 1968, § 25-19)

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

(a) No building permit required by this Code or any other ordinance of the Town shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the Health Officer of the plan of the means of sewage disposal for such building.

(b) No certification of occupancy required by this Code or any other ordinance of the Town shall be issued for any building which is not connected to an approved public sanitary sewer, without the written approval by the Health Officer of the means of sewage disposal for such building.

(Code 1968, § 25-20)

It shall be the duty of the Health Officer to enforce the provisions of this article, and in the performance of this duty, the Health Officer or the duly authorized agent of the Health Officer is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this article.

(Code 1968, § 25-21)

Editor's note— Ord. No. 1926, § I, adopted Jan. 4, 1993, deleted former § 22.20.050, relative to appeals to Town Council, which derived from Code 1968, § 25-22.

(a) Damage resulting from defective construction. This article shall not be construed as imposing upon the Town any liability or responsibility for damage resulting from the defective construction of any sanitary disposal system as herein provided, nor shall the Town or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection or approval authorized thereunder.

(b) Damage resulting from failure to install or maintain backwater valve. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of this Code and maintain such device in a functional operating condition.

(Code 1968, §§ 25-23, 25-24; Ord. No. 1770, § 1, 12-5-88)