Morgan Hill Municipal Code Ch. 13.24 Septic Tanks

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Building inspector" means the building inspector or his assistant(s) employed by the city.

B. "City standards" means those standards relating to individual sewage disposal system design, construction and/or maintenance described in the Santa Clara County Sewage Disposal Ordinance and adopted by reference by resolution of this city council.

C. "Health officer" means the county health officer, his assistants, or authorized deputies acting as health officer appointed by the city council.

D. "Percolation rate" means the rate expressed in minutes per inch as determined by percolation tests made in accordance with the procedure described in the county ordinance.

E. "Registered pumper" means a duly city-licensed septic tank pumping company which is approved by the city to perform such work.

F. "Sanitary waste" means and includes, but is not limited to, the discharge from toilets, bathtubs, lavatories, dishwashers, washing machines and any and all other fixtures connected to the building plumbing system.

G. "Sewage disposal system" means a privately owned system for the disposal of sanitary waste on land other than publicly owned land or other than into a municipal sewage system.

(Ord. 1081 N.S. § 1, 1992; Ord. 425 N.S. § C (part), 1976)

It is unlawful for any person, firm or corporation 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 any approved public sanitary sewer without first submitting plans of the means of sewage disposal to the health officer, and obtaining a permit therefor as provided in this chapter. The application shall include a plot plan of the premises showing overall topography and surface drainage direction; specific location of septic tank; leaching field and other finished elevations of structures including leaching field giving all dimensions, and such other pertinent information as the health officer may require. If the application is prepared and the work proposed both in conformance with the requirements of this chapter and the city standards, the health officer shall issue the septic tank permit. Every applicant for a permit shall pay to the health officer for each permit issued and at the time of issuance, a fee as established by the county for that purpose.

(Ord. 1081 N.S. § 2, 1992; Ord. 482 N.S. § A, 1979)

It is unlawful for any person, firm or corporation to alter, repair, expand or otherwise modify an existing sewage disposal system without first submitting plans of the proposed work to the health officer and obtaining a permit therefor as provided in this chapter. The application shall include a plot plan of the premises showing overall topography and surface drainage direction, description of existing system and details of proposed alteration or modifications showing all dimensions and such other pertinent information as the health officer may require. The health officer may require preparation of this application by a registered civil engineer. If the application is prepared and the work proposed both in conformance with the requirements of this chapter and with city standards, the health officer shall issue the septic tank permit. Every applicant for a permit shall pay to the health officer for each permit issued, and at the time of issuance, a fee as established by the county for that purpose.

(Ord. 1081 N.S. § 3, 1992; Ord. 482 N.S. § B, 1979)

No building permit 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 proposed means of sewage disposal for such building.

(Ord. 1081 N.S. § 7(a), 1992; Ord. 425 N.S. § C (part), 1976)

No certification of occupancy 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.

(Ord. 1081 N.S. § 7(b), 1992; Ord. 425 N.S. § C (part), 1976)

All existing buildings where persons reside, congregate or are employed shall be required to be connected to an approved public sewer when such sewer is reasonably available except when the existing means of sewage disposal is functioning in conformance to the requirements of this chapter and to the city standards and to the satisfaction of the health officer.

(Ord. 1081 N.S. § 7(c), 1992; Ord. 425 N.S. § C (part), 1976)

A plot plan showing the specific tank and leach field as installed must be posted in the garage of all houses at the time of final inspection.

(Ord. 1081 N.S. § 7(d), 1992; Ord. 425 N.S. § C (part), 1976)

It is 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 a water-flush toilet and with the discharge of any sanitary waste to a sewage system approved by the health officer.

(Ord. 1081 N.S. §§ 4, 7 (part), 1992: Ord. 425 N.S. § C (part), 1976)

Every residence, place of residence or other building or place where persons congregate, reside or are employed, which is not connected to a public sewer system shall be provided with a private sewage disposal system, the disposal system to be built or rebuilt, constructed, altered or reconstructed or repaired, and maintained in such a manner as to meet the requirements of this chapter and in accordance with the city standards as adopted by resolution of the city council.

(Ord. 1081 N.S. § 7(e), 1992; Ord. 425 N.S. § C (part), 1976)

The health officer may require the installation of subsurface drainage on any premises on which a private sewage disposal system is proposed or on which there is an existing sewage disposal system which is failing or in which failure is imminent. Prior to installation of the drainage system, the health officer may require the owner or resident of the premises to submit a report showing nature and extent of subsurface water movement and method of draining. Such report shall be prepared by a registered civil engineer.

(Ord. 1081 N.S. § 7(f), 1992; Ord. 425 N.S. § C (part), 1976)

All sewage disposal system failures shall be reported within ten days of their occurrence to the city by the owner or resident.

(Ord. 1081 N.S. § 7(g), 1992; Ord. 425 N.S. § C (part), 1976)

All private disposal system pumping must be done by a registered pumper. Each pumper shall report to the health officer all pumping made during the month. Each registered pumper shall be registered with the health officer and shall utilize a disposal point or site approved by the health officer.

(Ord. 1081 N.S. § 7(h), 1992; Ord. 425 N.S. § C (part), 1976)

It is unlawful for any person to construct or maintain any 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 do any of the following:

A. Overflow any lands whatever;

B. Empty, flow, seep, drain into or affect any springs, streams, rivers, lakes or other waters within the city.

(Ord. 1081 N.S. § 7(i), 1992; Ord. 425 N.S. § C (part), 1976)

It is unlawful for any person to discharge the waste or brine from any self-regenerating water softener into a septic tank system (sewage disposal system.)

(Ord. 1081 N.S. § 7(j), 1992; Ord. 425 N.S. § C (part), 1976)

It is unlawful to construct, maintain or operate as part of a private sewage disposal system a leaching sump, seepage pit, cesspool or similar device.

(Ord. 1081 N.S. § 7(k), 1992; Ord. 425 N.S. § C (part), 1976)

It is unlawful for any person to use a cesspool for the disposal of sewage, or to drill, construct, maintain or operate a sewer well.

(Ord. 1081 N.S. § 7(l), 1992; Ord. 425 N.S. § C (part), 1976)

It is the duty of the health officer to enforce the provisions of this chapter, and in the performance of this duty, the health officer or any duly authorized agent of the foregoing, is authorized to enter at any reasonable hour any premises as may be necessary for the enforcement of this chapter and to make any investigation including taking of samples and conducting of dye tests.

(Ord. 1081 N.S. §§ 5, 7(m), 1992; Ord. 425 N.S. § C (part), 1976)

Any applicant aggrieved by a determination of any administrative official may appeal such determination to the city council by filing a written notice of appeal with the city clerk within ten days after receiving notice of the administrative official's determination. The city clerk shall then put the matter on the next open agenda for hearing at a regularly scheduled city council meeting.

(Ord. 1081 N.S. § 7(n), 1992; Ord. 425 N.S. § C (part), 1976)

This chapter shall not be construed as imposing upon the city any liability or responsibility for damage resulting from the defective construction of any sanitary disposal system as provided in this chapter, nor shall the city or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder.

(Ord. 1081 N.S. § 7(o), 1992; Ord. 425 N.S. § C (part), 1976)

Every violation of this chapter shall constitute a public nuisance and be subject to abatement as such.

(Ord. 1081 N.S. § 7(p), 1992; Ord. 425 N.S. § C (part), 1976)

It is unlawful for any person, firm or corporation to violate, or refuse or fail to comply with any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 51, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 51, adopted May 2, 2018, amended § 13.24.210 in its entirety to read as herein set out. Former § 13.24.210 pertained to violation—penalty and derived from Ord. 425 N.S., § C(part), adopted in 1976; Ord. 778 N.S., § 2(part), adopted in 1986; and Ord. 1081 N.S., § 7(q), adopted in 1992.