Article 2 — Subdivisions and Individual Systems

Unless otherwise specially provided, or required by the context, the following terms have these meanings in this division. "Community sewer collection system" means the structures, devices, equipment and appurtenances intended for the collection, transportation and pumping of sewage from two or more structures to a treatment or disposal facility. "Domestic water supply reservoir" means an existing or proposed open uncovered reservoir used or intended to impound water for human consumption or domestic purposes, including a planned reservoir

where the water impounder states in writing to the City Council his or her intent to install or construct it, and satisfies the City Council that he or she has appropriate rights in the land and the ability to finish and maintain it. "Drainage area" of a domestic water supply reservoir means all the land that can or may drain into the reservoir, whether or not the topographical configuration is artificially or naturally caused. "Health Officer" includes any subordinate(s) that the Health Officer designates from time to time to perform any or all of the Health Officer's functions hereunder. "Improper functioning" individual system means a system which allows sewage to escape to the surface of the ground or prevents plumbing fixtures from draining. "Individual system" means a system which consists of: (1) the drainage pipes of a structure and the septic tank and subsurface absorption system to which they are connected; or (2) any alternative system designed for the disposal of sewage and acceptable to the Health Officer. "Sanitary sewer" means a system for collecting residential or municipal wastewater and directing the collected wastewater to a treatment works prior to disposal. "Sewage" means liquid or solid waste substance, which is associated with human habitation or which contains or may be contaminated with human or animal excrement or offal. "Sewer availability" means a sanitary sewer is available for connection to a structure requiring sewage disposal because: 1. The entity operating the sanitary sewer indicates in writing that the proposed structure can be connected to the sanitary sewer; and 2. The cost of providing sanitary sewer service, exclusive of all annexation fees, connection fees, and the sewer pipe installation costs between the structure and the publicly owned sewer in the street or right-of- way, is less than five thousand dollars ($5,000.00), or ten percent of the full market value of all existing and proposed improvements, whichever is greater; and a. The area of property to be served is less than forty thousand (40,000) square feet and the sanitary sewer is less than three hundred (300) feet, measured horizontally, from the nearest property boundary, or b. The area of the property is more than forty thousand (40,000) square feet and the structure requiring the disposal of sewage is located less than three hundred (300) feet measured horizontally to the nearest property boundary adjacent to the sanitary sewer.

"Site evaluation" means the investigation of a subdivision or a lot to determine the feasibility of installing an individual system. It shall include a determination of compliance with all applicable sanitation requirements and a sanitary survey of the area. Should the sanitary survey disclose failing individual systems in the immediate vicinity of the site evaluated, this shall be cause for denial of the feasibility of installing an individual system. "Subdivision" means a division or any use of real property that does or may reasonably be expected to generate sewage or require sewage disposal; and "subdivider" means the owner of or applicant for a subdivision. (CCCC §§ 420-6.101 — 420-6.123)

Every structure in which plumbing fixtures have been or are proposed to be installed shall be connected to a sanitary sewer and all such plumbing fixtures and sanitary drainage systems or parts thereof shall be connected to the sanitary sewer except the following exceptions: A. If the Health Officer determines that connection to a sanitary sewer is unavailable under the provisions of Section 8.32.110, an application may be filed for a permit to install an individual system. B. Upon written application to the Health Officer and in only those cases where an existing individual system is found to be functioning improperly, the requirement for connection to the sanitary sewer may be waived by the Health Officer if the Health Officer finds: 1. That such waiver shall be limited to minor repair of the improperly functioning existing individual system, provided no nuisance will be created, continued or maintained by such waiver; and 2. That all requirements of this division and regulations can be met. (CCCC § 420-6.301)

A. No person shall build or alter any structure or build on or improve any land, requiring sewage disposal, without having a currently valid permit for an approved individual system or connecting to an approved sanitary sewer. B.

No person shall discharge or deposit sewage to the surface of the ground. C. No person shall have or permit an improperly functioning individual system. D. No person shall install, construct, repair, reconstruct relocate, destroy, alter or abandon any individual system, cesspool, pit privy, sewage holding tank, or seepage pit without the Health Officer's advance written approval. E. No person shall have or maintain an improperly functioning building sewer or lateral which conducts sewage from the building to a community sewer collection system. F. No person shall engage in the business of cleaning septic tanks and subsurface leaching devices, sewage holding tanks, cesspools, or seepage pits or of providing or cleaning chemical toilets without having a valid permit, license and/or registration issued by the Health Officer. G. No person shall change any approved plan or work without the Health Officer's advance written approval. (CCCC § 420-6.303)

Applications for building permits or certificates of occupancy for structures and/or to build on any premises requiring disposal of sewage shall, prior to their issuance, be submitted to the Health Officer for his or her review and written approval of the proposed sewage disposal system. When the Building Inspection Director is advised that it has not been demonstrated that an adequate sewage disposal system complying with this division exists or is assured that such lack is a danger to or likely to cause public health problems, he or she may withhold the issuance of the requested permit or certificate. (CCCC § 420-6.305)

The Health Officer may make and publish regulations to make more detailed or specific the provisions of the chapter. These regulations shall become effective two weeks after filing with the clerk of the City Council and posting in the Health Department. The Health Officer shall be responsible for the enforcement of this division. (CCCC § 420-6.307)

To enforce this division, the Health Officer may enter and inspect any premises, operations or work regulated hereby, at reasonable times and with such notice to the owner, occupant, operator, applicant, licensee or permittee, as is reasonable and practicable under the circumstances. In conducting such inspections the Health Officer is authorized to proceed pursuant to the Code of Civil Procedure Sections 1822.50 et seq. (CCCC § 420-6.309)

A. Notice — Hearing. Except in instances of necessity or emergency, when the Health Officer declares an individual system to be a public nuisance, he or she shall promptly so notify the owner of the property by certified mail to the owner's address on the assessment roll. The notice shall state why the system is a nuisance, and shall also state that the owner of the property has thirty (30) days after mailing of the notice within which to abate the nuisance, failing which the Health Officer may have the nuisance abated and the owner shall be liable for the cost thereof. The notice shall also state that if the owner objects to the Health Officer's declaration, the owner may request a hearing before the Health Officer to determine whether a public nuisance exists. The notice shall further indicate that the request for the hearing must be received by the Health Officer prior to the expiration of the time set for abatement, and the hearing shall be held within thirty (30) days after the request is received by the Health Officer. City abatement is suspended by the filing of a request for hearing, pending the final decision of the Health Officer. B. Costs. If the Health Officer has a nuisance abated, he or she shall promptly so notify the property owner, including a statement of costs and of the owner's rights to a hearing thereon. The notice mailing and the time periods for hearing request and hearing shall be those in subsection A of this section. Upon fixing the costs (after hearing or in the absence of request therefor), the Health Officer shall proceed according to law to impose the costs on and collect them from the property owner and/or the property. These procedures do not affect the city's right to collect these costs from any other person responsible therefor under law. (CCCC § 420-6.311)

Every person shall obtain a permit as provided for by this chapter to repair, relocate, install or construct an individual system unless connection to a sanitary sewer is required. When Health Officer approval is required, a currently valid permit issued pursuant to Sections 8.32.190 through 8.32.240 constitutes such approval. (CCCC § 420-6.501)

A.

An application for a permit shall be made to the Health Officer, and it shall expire after one hundred twenty (120) days. B. The Health Officer shall approve, conditionally approve, or deny the application, and issue or withhold the permit accordingly, on the basis of compliance with this division and the Health Officer's regulations. Permits expire one hundred eighty (180) days after issuance if the approved work is not started and diligently pursued. (CCCC § 420-6.503)

A. Lot Area. The total lot area, exclusive of underground and surface easements, shall be fifteen thousand (15,000) square feet or more for a single-family dwelling or other structure requiring an individual system. When both an individual system and private water supply are required, the total lot area, exclusive of underground and surface easements, shall be forty thousand (40,000) square feet or more. These lot area requirements are prospective only and do not apply to the maintenance or repair of an existing system. B. Variances. The Health Officer may grant variances to the provisions of this section when the Health Officer finds the following conditions to be met: 1. The lot in all other respects will comply with the requirements of this chapter and the regulations issued by the Health Officer; 2. The variance would not create nor contribute to the creation of a public health nuisance. (CCCC § 420-6.505)

A. Location. If the parcel or lot is located within a drainage area of a domestic water supply reservoir, any structure requiring disposal of sewage shall be connected to a community sewer collection system. B. Variances. If a community sewer collection system is not available the Health Officer may grant a variance subject to the following: 1.

If the parcel or lot is between fifty (50) and one thousand (1,000) feet from the reservoir or tributary stream, a watertight sewage holding tank system, or equal will be required. Such system must be owned or operated by a presently existing public agency having statutory authority to provide such service. 2. Beyond one thousand (1,000) feet from a reservoir or tributary stream an individual system or other similar acceptable system may be permitted subject to all the conditions specified in Section 8.32.200. C. Variance Temporary. It is the intent of this division to provide maximum protection to the water quality of the waters stored in these reservoirs and any variance granted must be considered as an interim method of sewage disposal which shall not create situations that may become a menace to the public health. (CCCC § 420-6.507)

The Health Officer may approve, conditionally approve, or deny an application to use an alternative individual system. No alternative system will be approved for installation in a septic tank moratorium area, a water quality control board prohibition zone, or in any incorporated city, or sanitary or sanitation district without approval by that city or district. The Health Officer shall not consider or approve of a proposal to use an alternative sewage disposal system for a subdivision, outside of an existing incorporated city, or sanitary or sanitation district, unless a governmental agency is formed, which agency shall have the authority and responsibility to install and maintain such system. An alternative system must meet all applicable provisions of this division and: A. All local, state and federal laws and regulations; and B. Certification and testing requirements of an appropriate governmental agency; and C. Approval requirements of N.S.F. (National Sanitation Foundation) or I.A.P.M.O. (International Association of Plumbing and Mechanical Officials). (CCCC § 420-6.509)

A. Tentative Maps. Pursuant to Title 16, a copy of any submitted tentative subdivision map shall be forwarded to, and filed with the Health Officer for investigation of the sewage disposal system. The tentative map shall

show proposed provisions for sewage disposal, source of approved water supply, number of lots, the size of each lot, and contour lines at intervals of five feet or less. B. Health Officer Approval. The Health Officer shall review the filed tentative map for compliance with this division (and any adopted regulations) and in a timely manner report his or her conclusions thereon, together with any conditions recommended to insure such compliance, to the Community Development Department and advisory agency. C. Final Map. Final maps shall not be recorded unless the conditions recommended by the Health Officer and established by the advisory agency on approval of the tentative map have been satisfied. (CCCC § 420-6.511)

Except for determinations made pursuant to Section 8.32.170, a person objecting to or disagreeing with any decision made pursuant to this division, and/or the pertinent regulations thereto, may appeal the decision to the Health Officer, or the Health Officer's designated subordinate(s). Any request for an appeal hearing shall be in writing and must be received by the Health Officer within ten days after notice of the decision was mailed. Any request for an appeal hearing must be accompanied by the appropriate fee. A hearing on the appeal shall be held within fifteen (15) days after the request for appeal is received by the Health Officer. (CCCC § 420-6.513)

The following nonrefundable fees shall be paid to the Health Officer at the time of filing for or requesting an investigation, test, inspection or permit required by this division. No fees are required when the Health Officer receives from the applicant a written statement by a district or city governing body indicating that sewers and a sewage treatment plant are available and adequate to handle the additional volume of sewage from the proposed improvement. A. Subdivisions. The fees for a subdivision proposing to use individual sewage disposal systems are: 1. Subdivision—Site evaluation 2—4 lots, per lot ..... $50.00 5 or more lots, maximum ..... 250.00 2. Percolation tests, per lot or building site tested, as

required ..... 100.00 3. Appeal (except hearings called pursuant to Section 420-6.311 ..... 100.00 B. Individual Systems. The fees related to individual sewage disposal systems are: 1. Site evaluation ..... $40.00 2. Percolation test ..... 100.00 Each additional test ..... 100.00 3. Permit (except minor rebuilding) ..... 60.00 4. Review of existing individual system ..... 40.00 5. Investigate abandonment or sealing of septic tank ..... 25.00 6. Reinspection ..... 25.00 7. Appeal (except hearings called pursuant to Section 8.32.170) ..... 100.00 8. Advice, consultation, minor repair permit No fee

(CCCC §§ 420-6.701 — 420-6.705)

Any person violating this division or regulations issued hereunder, by failing to submit plans, obtain necessary inspections and approvals, or pay fees, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the appropriate fee as a penalty and remain subject to other applicable penalties and enforcement procedures authorized by the state law and/or this code. (CCCC § 420-6.707)