Modesto Municipal Code Art. 3 Sewerage Construction and Sewer Use

Footnotes:

--- (3) ---

Editor's note— Ord. 3630-C.S., §§ 2 and 3, effective Aug. 14, 2015, amended Tit. 5, Ch. 6, Art. 3, by repealing §§ 5-6.310—5-6.331 and changing the title of said article from "Discharges of Fats, Oils and Grease from Food Service Establishments" to "Sewerage Construction and Sewer Use," as set out herein. Provisions pertaining to the discharges of fats, oils and grease from food service establishments are now set forth in a new Art. 10 of Tit. 5, Ch. 6, §§ 5-6.1001—5-6.1022. See Code Comparative Table for historical derivations.

Every building or structure in the Sewer District located where sewer service is available and in which plumbing fixtures are installed shall be connected to the sewage system within the time period provided for in Section 5-6.302. This requirement shall apply to any building or structure existing on July 1, 1967, as well as any building or structure thereafter constructed.

For the purpose of this section, sewer service is available to any building or structure when a sewer lateral/sewer main is located within one hundred (100) feet from the property line of the lot on which the building or structure is located. Sewer service is available to new development when a sewer lateral/sewer main is located within one hundred (100) feet of any property line of the new development. Every house sewer line, sewer lateral/sewer main, subtrunk sewer, and trunk sewer constructed after November 28, 2017, shall be located within a utility easement, public right-of-way, or within the parcel served. After November 28, 2017, any new house sewer line, sewer lateral/sewer main, subtrunk sewer, or trunk sewer not located within a dedicated utility easement, shall convey flows from the parcel on which it is located and no other parcel.

(Added by Ord. 3137-C.S., § 1, and Ord. 3377-C.S., § 1, effective 3-1-05)

(Ord. No. 3680-C.S., § 2, effective 1-4-2018)

Every building or structure connected to a septic tank at the time a sewer lateral becomes available as defined in Section 5-6.301 shall be connected to the sewage system within five (5) years after the sewer lateral becomes available.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Buildings or structures connected to septic tanks in territory not located within the Sewer District on July 1, 1967, but which territory is subsequently annexed to the Sewer District, shall be connected to a sewer lateral within five (5) years from the effective date of annexation, where a sewer lateral is available or within five (5) years after a sewer lateral becomes available, whichever occurs later.

(b) Buildings or structures must be connected to a sewer lateral when they are sold or ownership is otherwise transferred at any time after annexation to the Sewer District.

(Added by Ord. 3137-C.S., § 1, amended by Ord. 3377-C.S., § 1, and Ord. 3449-C.S., § 1, effective 9-7-07)

If the Council determines that extraordinary hardship will result from strict compliance with the provisions of Sections 5-6.301, 5-6.302, 5-6.303, the Council, by resolution, may vary the conditions so that substantial justice may be done and the public interest secured, provided that such variation does not have the effect of nullifying the intent and purpose of this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No building permit shall be issued for the installation, alteration or repair of any private sewage disposal system or part thereof, on any lot for which a connection with a sewer lateral is available as defined in this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The City hereby reserves the right to inspect any existing lateral or collecting sewers that discharges waste-water directly or indirectly to trunk sewers. If it is found that such lateral or collecting sewers are improperly maintained, thereby causing discharge of septic wastewater, excessive groundwater, debris or any other objectionable substance to the City sewers, the Director will give notice of the unsatisfactory condition to the offending discharger and shall direct that the condition be corrected.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

No person shall discharge or cause to be discharged to a trunk sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, or reduction in sewer capacity or any other damage to sewers or sewerage facilities of the City. Any excessive sewer or sewerage maintenance expenses including administrative costs attributed thereto will be charged to the offending discharger by the City.

Any refusal to pay such charges for excessive maintenance expenses duly authorized by the City shall constitute a violation of this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Each industrial user shall have not more than one (1) industrial waste line connection to the City's sewage system, unless specifically approved by the Director.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) The City Manager, upon the recommendation of the Director responsible for utility system planning, shall request City Council approval for all extensions of sewer services into unincorporated areas. No person shall connect property outside the City to the sewage system without first obtaining Council approval, and paying the fees and charges imposed by the City. In considering applications for furnishing sewer service to property located outside the City, the City Manager may impose such reasonable conditions to the granting of such privilege as the City Manager deems to be in the best interest of the City. The City Manager shall establish the conditions and the City Council shall approve said conditions from time to time by resolution. Any agreements for the provision of such sewer service shall be approved as to form by the City Attorney. Exception: The City Manager's decision on the extension of sewer services into unincorporated areas shall be final without City Council approval in all cases where no service upgrades to the City's existing utility system are required, and the property to be served is within service areas defined from time to time by City Council resolution.

(b) Each user shall be responsible for the construction, maintenance and repair of his or her house sewer line. Each user shall be liable for damages which may result to the sewage system from his or her failure to keep his or her house sewer line in good order. A City inspector shall be admitted at all reasonable hours to all parts of any premises connected with the sewage system for purposes of checking the house sewer line and all fixtures and facilities connected thereto.

(c) When a sewer connection fee is paid for a particular parcel, it shall be credited to subsequent owners of that parcel. Refunds shall be made for duplicate payments. Additional fees will be required where there are zoning, use density changes that will increase the fees.

(Added by Ord. 3191-C.S., § 1, and Ord. 3365-C.S., § 3, effective 12-9-04)

(Ord. 3567-C.S., § 1, effective 7-5-12; Ord. No. 3612-C.S., § 1, effective 1-9-15)

Editor's note— See editor's note to Art. 3, Tit. 5, Ch. 6.