Milpitas Municipal Code Art. XII Title, Effective Date

This Chapter shall be known as the MILPITAS SANITARY CODE.

(Ord. 208 (part), 6/17/80)

This Chapter is a reenactment (as revised) of Ordinance No. 3 of the Milpitas Sanitary District as amended and shall take effect upon July 1, 1980 and upon the dissolution of the Milpitas Sanitary District. This Chapter is enacted as an emergency measure to take effect upon the dissolution of said District and is enacted to preserve the public peace, health and safety. The following is a statement of facts constituting the urgency:

The Milpitas Sanitary District is being dissolved effective June 30, 1980 subject to various conditions and the City of Milpitas will succeed to the rights and duties of said District commencing July 1, 1980. The provisions of this Chapter are critically needed to regulate sewage collection and disposal in order to protect the citizenry of Milpitas and adjoining Discharge Areas. There is insufficient time between the enactment date of this Chapter and July 1, 1980 to enact this Chapter as a regular ordinance. It is therefore enacted as an urgency measure.

(Ord. 208, 6/17/80)

All rights and duties arising under contracts entered into by the Milpitas Sanitary District are hereby continued in full force and effect, and the rights of the parties thereto shall be governed by the provisions thereof until said contracts are amended, terminated or discharged by the parties or by operation of said contracts or law. All rights, privileges and duties heretofore established by any ordinance, general order, or resolution of the Milpitas Sanitary District (as amended or superseded) which has not been repealed by action of the Milpitas Sanitary District Board are hereby ratified, approved and confirmed and shall remain in full force and effect until or unless amended or repealed from time to time by ordinance, order or resolution of the Milpitas City Council.

(Ord. 208, 6/17/80)

Attention is directed to the provisions of Resolutions 503 of the Milpitas Sanitary District (as approved by Resolution 3253 of the Milpitas City Council) including but not limited to the provision prohibiting a change in the Sewage Use Fee established by the Sanitary District for the fiscal year 1980-81 during said fiscal year.

(Ord. 208, 6/17/80)

It shall be unlawful for any person to violate any provision of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of an infraction and shall, upon conviction thereof, be punished by the law. Each day that a violation of this Chapter continues shall be considered a separate offense.

(Ord. 208, 6/17/80)

Without limitation to the generality of any of the provisions of this Chapter, City shall be empowered to terminate service and disconnect sanitary and waste disposal connections upon a violation of any of the provisions of this Chapter, subject, however, to compliance with the provisions of this Section. Prior to the termination of service and disconnection of sanitary and waste disposal facilities, the City Council shall notify, in writing, the owner and tenant, if any, of the property affected. Said notice shall advise that said City will consider the termination of service and disconnection. Said notice shall state the date of the proposed termination of service and disconnection of service and the reason therefor and the time and date and place that the City Council shall hold a hearing upon said proposed termination and disconnection. Said hearing shall not be less than 10 days subsequent to the giving of notice as herein required. Said notice shall be mailed to the owner at the address shown on the records of the Assessor of Santa Clara County or as known to the City, and a copy shall be delivered to the tenant or posted conspicuously on the property affected. City may (but shall not be required to) give such additional or further notice as in the discretion of the City Council is convenient or desirable. Upon the conclusion of the hearing, the City Council shall adopt a resolution determining whether there is a violation of this Chapter then existing City Council. If there is a violation of this Chapter then existing, the resolution shall determine that service be terminated and that the sanitary and waste disposal facilities be disconnected. Service shall forthwith be terminated and sanitary and waste disposal facilities forthwith disconnected. A copy of said resolution shall be mailed to the owner at the address shown on the records of the Assessor of the County as known to the City, and a copy shall be delivered to the tenant or posted conspicuously on the property; provided, however, that the service of said copy of the resolution shall not be a condition precedent or subsequent to the termination or disconnection of service. The City Council may reinstate service and reconnect sanitary and waste disposal facilities upon petition for reinstatement in accordance with the procedures set forth for the reinstatement of a permit and service pursuant to the provisions of Section 5.53 of this Chapter and of other applicable provisions of this Chapter.

(Ord. 208, 6/17/80)

Without limitation to the generality of any provision of this Chapter, and without imposing any obligation whatever upon City to do so, City shall be empowered to correct any violation of the provisions of this Chapter and to impose the cost of said corrections upon the person or persons violating said Chapter or upon the owner or tenant of property upon which said violations exist. The cost of said correction shall constitute a debt to the City and a sewer service charge within the meaning of Article VI of this Chapter. City shall have such remedies for the collection of said costs as it has for the collection of sewer service charges under the provisions of this Chapter.

(Ord. 208, 6/17/80)

Without limitation to the generality of any of the provisions of this Chapter and in addition to such remedies as are herein provided for the collection thereof, City shall be empowered to institute legal proceedings in any Court of competent jurisdiction for the collection of sewer service charges pursuant to the provisions of Article VI of this Chapter, for the collection of fees pursuant to the provisions of Article VII of this Chapter, for the collection of reasonable charges under the provisions of Article V of this Chapter, for the collection of correction charges under Article XII of this Chapter, and without limitation, for the collection of any other fee or charge imposed by any provision of this Chapter or by any rule or regulation issued pursuant thereto.

(Ord. 208, 6/17/80)

The violation of this Chapter shall be and the same is hereby declared to be a public nuisance and the attorney for City shall, upon order of the City, immediately commence actions or proceedings for the abatement or removal or enjoinment thereof in the manner provided by law.

(Ord. 208, 6/17/80)

See Section I-1-4.11.

(Ord. 208, 6/17/80)