Chapter 8.60 — SEWER CONNECTION REQUIREMENTS PRIOR TO PROPERTY SALE OR TRANSFER OF…

The purpose of this chapter is to help assure continued protection and high quality of the water resources available in the city by requiring all properties, buildings and structures to abandon all existing septic tanks, seepage pits and/or cesspools and connect to the available public sewer prior to time of sale or transfer of ownership of said properties, buildings or structures.

This chapter shall apply to any property, building or structure which enters into escrow after the effective date of the ordinance. (Ord. 743, 1994)

Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section:

"Available public sewer" means the public sewer under the control of the Coachella Valley water district located within the prescribed sewer right-of-way.

"Building official" means the director of building and safety as appointed by the city manager or the director's deputy(s).

"Certificate of compliance" means the document that is recorded on said property which releases the certificate of requirement, and stipulates that the said property has been lawfully connected to the public sewer.

"Certificate of temporary exception" means the document that is recorded on said property which temporarily releases the certificate of requirement and stipulates that the said property has been excepted or given an administrative variance pursuant to Section 8.60.060 of this chapter.

"Certificate of requirement" means the document that is recorded on said property indicating that prior to sale or transfer of ownership, the said property shall be lawfully connected to the public sewer.

(Ord. 743, 1994)

Pursuant to this chapter, the city council shall direct the building official to prepare and record with the Riverside County recorder's office, on each parcel listed on Exhibit A attached to the ordinance codified in this chapter and found on file in the office of the city clerk, a certificate of requirement stating the following information:

"CERTIFICATE OF REQUIREMENT" Assessor's Parcel Number: Street Address: __________________

Pursuant to Palm Desert Municipal Code, Section 8.60.010, prior to sale or transfer of ownership of the above stated property, a "Certificate of Compliance" showing that the above property is legally connected to the public sewer and shall be recorded on said property.

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.60.030

§ 8.60.040

__________________________ BUILDING OFFICIAL

__________ DATE

State of California)

_______________)

County of Riverside)

On ________, before me, , a Notary Public in and for said State, personally appeared known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his or her/their authorized capacity(ies), and that by his or her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal. Signature __________

(Ord. 743, 1994)

The properties listed in Exhibit A attached to the ordinance codified in this chapter and found on file in the office of the city clerk, or the recorded certificate of requirement, or the lack of any of the above notwithstanding, it shall be the property owner's responsibility to comply with the full intent of this chapter which is to assure any new property owner or buyer that prior to sale or transfer of ownership to that new property or buyer, all structures on that property are lawfully connected to the public sewer and all subsurface septic tanks, cesspools and seepage pits are lawfully abandoned.

(Ord. 743, 1994)

Once the property owner or owner's authorized agent presents the necessary documentation acceptable to the building official demonstrating that the said property is legally connected to the public sewer, the building official shall record with Riverside County Recorder's Office, a certificate of compliance which shall contain the following:

"CERTIFICATE OF COMPLIANCE" Assessor's Parcel Number: Street Address: ______________________

Pursuant to Palm Desert Municipal Code, Section 8.60.010, the above stated property has been determined to be lawfully connected to the public sewer, and in compliance with Palm Desert Ordinance No. ________. The "Certificate of Requirement" as recorded by Instrument Number _______ is hereby satisfied and discharged.

BUILDING OFFICIAL ________

DATE ______

State of California)

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.60.040

§ 8.60.060

)

County of Riverside)

On ______, before me, _, a Notary Public in and for said State, personally appeared known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his or her/their authorized capacity(ies), and that by his or her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature ___________

• (Ord. 743, 1994)

• A. The property owner or owner's authorized agent, at their option, may personally review official microfiche files located in the department of building and safety and obtain a microfiche copy of the sewer connection permit if issued on said property. Such sewer connection permit shall have a final inspection signoff by a duly authorized city building inspector and shall not be a revoked or expired permit. The building official shall review and approve the sewer connection permit and authorize a notice of compliance be filed.

The owner or owner's authorized agent shall pay a twenty-five dollar fee to cover the administrative costs for the preparation of the certificate of compliance.

• B. If the property owner or owner's authorized agent does not wish to personally research the official microfiche file located in the department of building and safety upon the completion of the appropriate application form and payment to the city of a thirty-five dollar nonrefundable research fee, the city staff shall research, locate and copy any such sewer connection permit, if issued or available on microfiche records. The building official shall review the copy of the sewer connection permit as the above paragraph stipulates and if acceptable, shall authorize a notice of compliance be filed. The twenty-five dollar notice of compliance fee shall be paid to the city at that time.

• C. If the property is not connected to the public sewer or connected without the required permits and inspections required elsewhere in this code, the owner or owner's authorized contractor, licensed as required by this code, shall pay the necessary Coachella Valley water district assessment fees and obtain a sewer connection permit from the department of building and safety and schedule all required inspections accordingly.

Upon acceptance of final inspection, the building official shall authorize a certificate of compliance be filed. The owner or owner's authorized agent shall pay to the city a twentyfive dollar fee for the preparation and recording of the certificate of compliance.

• D. If it is demonstrated to the satisfaction of the building official that the property is legally connected to the public sewer and a certificate of requirement has been recorded in error on the property, the building official is hereby authorized to record a certificate of compliance on the property at no charge to the property owner or authorized agent.

• (Ord. 743, 1994)

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City of Palm Desert, CA § 8.60.060

HEALTH AND SAFETY

§ 8.60.070

• A. Where deemed unfeasible to connect to the public sewer, the building official may grant an administrative variance and authorize filing of a certificate of temporary exception with the Riverside County recorder's office. If granted, such certificate of temporary exception shall have an expiration date of not to exceed three years from date of issuance.

Some, but not all, of the conditions which may warrant an exception to this chapter are as follows:

1. Building, structure or property located beyond two hundred feet of the public sewer;

2. Condominiums which share a common septic system;

3. Buildings or structures in which the flow line of the building drain or the building sewer is below the flow line of the public sewer, adjacent to, or within two hundred feet of the property, building or structure;

4. When, in the opinion of the building official, the cost of construction of the sewer connection is excessive and the existing septic system is less than twenty years of age.

(Ord. 743, 1994)

Upon determination of the building official, or the authorization of the building board of appeals and condemnation, or the city council, that connection to the public sewer is unfeasible, the building official shall record a certificate of temporary exception with the Riverside County recorder's office. The certificate of temporary exception shall contain the following:

"CERTIFICATE OF TEMPORARY EXCEPTION" Assessor's Parcel Number: Street Address:

Pursuant to Palm Desert Municipal Code, Section 8.60.060, the above stated property has been temporarily exempted from connection to the public sewer at time of property sale or transfer of ownership due to unfeasibility, and has been determined to be in compliance with Ordinance No. ________. The "Certificate of Requirement" as recorded by Instrument No. ________ is hereby temporarily satisfied.

This exception to the mandatory sewer connection of the Ordinance No. ________ of the City of Palm Desert is temporary only. All property sales or transfers of ownership after the expiration date listed below will require a new "Certificate of Temporary Exception" be issued or if warrants, sewer connection will be required and a "Certificate of Compliance" be issued for this property.

The existing septic system may remain in operation until such time that the existing septic system fails and needs to be replaced. No new septic tank or seepage pit may be added to this property. Mandatory public sewer connection will be required at that time.

BUILDING OFFICIAL __________

DATE __________

CERTIFICATE EXPIRATION DATE _____

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.60.070

§ 8.60.090

State of California)

_____________)

County of Riverside)

On , before me,___, a Notary Public in and for said State, personally appeared __________ known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his or her/their authorized capacity(ies), and that by his or her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal. Signature________

(Ord. 743, 1994)

Upon the appellant filing the necessary application and payment of the required application fee, required elsewhere in this code, the building board of appeals and condemnation, pursuant to Chapter 15.24 of this code, shall hear, review and render decisions on appeals from the building official's interpretation as to the use of or filing of a certificate of temporary exception or administrative variance as described in the above sections.

Decisions of the board shall be final unless appealed to the city council within five working days of official notification. All findings of the board shall be transmitted to the city council through the city staff for informational purposes. (Ord. 743, 1994)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Chapter 1.12 of this code.

(Ord. 743, 1994)

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.70.010

§ 8.70.040