Article V — WASTEWATER DISCHARGE—FAILED SYSTEMS AND CORRECTIVE PROCEDURES

A.

It is unlawful for any person to construct, maintain or use any sewage disposal system which results in any of the following:

Sewage overflowing any lands whatever;

Sewage emptying, flowing, seeping or draining into any stream, spring, river, lake or other waters within the town;

Sewage being accessible to rodents, insects or humans.

B.

It is provided, however, that when sewage is treated and disposed of in such manner that it does not constitute a hazard to the public health or does not create a nuisance, and that adequate requirements for such disposal are set by the Central Valley Regional Water Quality Control Board pursuant to Division 7, Department 4, Article 2 of the State Water Code, then the disposal shall be considered to be lawful.

(Ord. 219, § 2(part), 1992)

A.

It is unlawful for any person to discharge to an on-site wastewater disposal system any hazardous or deleterious material unless prior authorization to do so has been granted by the on-site sanitary official. Authorization may only be granted where such discharge would not cause adverse impacts, as defined via authority vested with the on-site sanitary official.

B.

Discharge of septic tank sludge containing hazardous or deleterious material(s) shall be to a site or facility approved by the County of Butte for disposal of such contaminated sludge.

(Ord. 219, §2 (part), 1992; Ord. 228, §§ 3(part), 4, 1993; Ord. No. 429, § 7, 11-9-2004)

A.

Authority. Any wastewater disposal system which discharges in violation of the town's standards as set forth in this chapter and the on-site manual, for whatever reason, shall be deemed an unlawful or failed system and will be subject to the corrective, abatement and enforcement procedures provided for herein.

B.

Responsibility for Repair. The owner of the lot or parcel upon which there exists a failed wastewater disposal system shall be responsible for its repair, reconstruction or replacement. The owner may apply to the town for financial assistance in effecting any repairs, reconstruction or replacement deemed necessary by the on-site sanitary official for the lawful operation of that owner's wastewater disposal system, pursuant to subsection G of Section 13.04.430. Some failed wastewater disposal systems will be inherently incapable of repair, reconstruction or replacement to meet town standards on the lot or parcel of land on which is located the structure served by such system due to lack of space, inadequate ground conditions, or other reasons. Under these circumstances, lands or easements within a reasonable distance from such failed system may be secured for the purpose of construction of private wastewater disposal systems. Any such system so constructed shall remain the full responsibility of the owner for operation and maintenance.

C.

Corrective Notice. If the town's on-site sanitary official determines that a wastewater disposal system is discharging in violation of the town's standards, a written correction notice shall be mailed by the town to the owner at the address shown on the application for an operating permit, or as reflected in the records of the wastewater management zone. The notice shall describe the violation and shall state that the operating permit pertaining to such system will be withdrawn on a date certain, depending on the severity of the violation, unless prior to that time the owner proves to the satisfaction of the on-site sanitary official any of the following:

That the system is not an unlawful system as defined in Sections 13.04.400 and 13.04.420;

That adequate measures are in process to correct the violation, and that the violation will in fact be corrected in full within the time prescribed in the mailed corrective notice.

Time periods prescribed in the mailed corrective notice to complete repairs of an on-site system are based on two conditions of failure as follows:

On-site systems illustrating surfacing effluent, which is an immediate threat to public health and safety, shall be required to be pumped to mitigate the surfacing effluent. The mailed corrective notice shall prescribe that repairs be completed within thirty days from the date of mailing the corrective notice. The corrective notice shall set a date certain of thirty-one days from the date of mailing the corrective notice that the operating permit will be withdrawn if repairs are not completed within thirty days.

On-site systems having failures or violations of the town's standards that are not an immediate threat to public health and safety, as determined by the on-site sanitary official, shall have up to ninety days to complete repairs. The mailed corrective notice shall prescribe that repairs be completed within ninety days from the date of mailing the corrective notice. The corrective notice shall set a date certain of ninety-one days from the date of mailing the corrective notice, that the operating permit will be withdrawn if repairs are not completed in the prescribed ninety day period.

If, after a corrective notice is given and an operating system is brought into compliance by receiving an excellent, good or satisfactory rating, the operating system shall be granted either a seven or twelve year evaluation interval, as defined by the criteria in Section 3.1.1.

(Ord. 343 § 8, 2000: Ord. 228 §3(part), 1993; Ord. 219 §2(part), 1992)

A.

Mailing of Notice to Abate. When the on-site sanitary official determines that an unlawful or failed wastewater disposal system constitutes a nuisance, he shall direct that a notice be sent by certified mail to the owner of the property at the address shown on the application for an operating permit, or as reflected in the records of the wastewater management zone. The notice shall describe the conditions that constitute the nuisance and shall order abatement of that nuisance within thirty days after the date of mailing of the notice.

The fact that the owner of the property upon which the nuisance exists, or other person(s) residing on that property, does not receive mailed notice provided for herein does not affect the validity of any subsequent proceedings in abatement.

B.

Posting of Notice to Abate. In addition to the mailed notice under subsection A of this section, the town shall post conspicuously at least one copy of the notice to abate upon the property where the nuisance exists.

C.

Effect of Failure to Abate. If the nuisance is not abated within the period specified in the notice to abate, the on-site sanitary official shall proceed with abatement. The on-site sanitary official shall thereupon give a second notice to abate, identified as such, in the same manner set forth in subsection A of this section. The second notice shall direct the owner of the property to appear before the town council at a stated time and place to show cause why the nuisance should not be ordered abated by the town council.

D.

Hearing. At the time fixed in the notice, the town council shall hear the testimony of all competent persons and consider all relevant evidence concerning the condition constituting the nuisance, including but not limited to the estimated cost of abatement, the degree of hazard posed by the condition, and any efforts made to date to correct the condition. At the conclusion of the hearing, the town council shall, by resolution, declare its findings. If, in its discretion, the town council determines that abatement is warranted, it may declare the condition to be a nuisance and direct the property owner to abate it within thirty days after the date of posting on the premises a notice of the adoption of the resolution declaring the nuisance.

E.

Extension of Time. The town council may grant an extension of time to abate the nuisance if, in its opinion, good cause exists for such an extension.

F.

Abatement by Town. If the property owner fails to abate the nuisance within the time set forth in the resolution declaring same, the town may proceed to abate the nuisance as provided for in this section.

Alternatively, at any time following receipt of a notice to abate under this section, the property owner upon which the nuisance exists may request that the town abate the nuisance pursuant to Section 6950 et seq. of the Health and Safety Code, and may enter into an agreement with the town for the abatement procedures. Following receipt of such a request, the town council may authorize the execution of such an agreement and direct the abatement of the nuisance as provided therein and, if applicable, in accordance with subsection G below.

G.

Voluntary Abatement by Town. In the event that the owner of a lot upon which a failed system exists does not possess obtainable finances to effect the repair, reconstruction or replacement of the failed disposal system, the property owner may voluntarily authorize the town to abate the nuisance. Repayment of the costs incurred by the town to abate the nuisance shall be established either by a voluntary lien recorded and affecting the real property of the owner, or by a repayment schedule formally executed between the property owner and the town.

H.

Procedures for Town Abatement. Following a determination that the person has failed to abate the nuisance as prescribed, the town council shall by resolution order the town manager to abate the nuisance. The town manager may direct any town employee, contracting agent, or other representative to enter upon private property for the purpose of abating the public nuisance.

I.

Record of Expenses—Hearing—Assessment as Lien. The town manager shall keep an account of the costs of abatement and shall render an itemized written report to the town council showing such costs. The report shall be posted on the property on which the nuisance exists for at least three days, and a copy mailed to the property owner at least ten days, prior to consideration of the report by the town council. The report shall set forth the time and place when and where the report will be considered by the town council and shall state that objections or protests to the report shall be heard at that time.

At the time fixed for consideration of the report, the town council shall consider it and all protests or objections raised at the hearing by or on behalf of the person assessed for abatement costs. Upon conclusion of the hearing, the town council shall either adopt by resolution the report as submitted, or make such modification as it deems necessary, which shall be incorporated into the resolution adopting the report.

If the property owner does not pay the costs of abating the nuisance within five working days after the town council issues its resolution adopting the report of abatement costs, those costs shall become a special assessment against the real property upon which the nuisance was abated and a personal liability of the owner of such property. Such lien shall attach upon recordation of a certified copy of the resolution adopting the abatement costs in the office of the county recorder. Any recording or other fees of the county recorder shall be added to the amount of the total special nuisance abatement assessment provided for herein.

J.

Collection of Assessed Costs. A certified copy of the confirmed report shall be given to the county assessor and tax collector, who shall add the amount of the assessment to the net regular tax bill levied against the property. A certified copy shall also be given to the county auditor who shall enter the assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary property taxes. All laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment. The town council may enforce the personal liability of the owner by directing counsel to file suit in a court of competent jurisdiction to collect the costs of abatement.

K.

Procedure in Case of Emergency. When, in the opinion of the on-site sanitary official, the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the town council may order the nuisance abated immediately by adopting a resolution by a four-fifths vote. Any abatement

conducted under this chapter shall conform with the procedures set forth in the current Uniform Administrative Code.

(Ord. 228 §3(part), 1993; Ord. 219 §2(part), 1992)