Chapter - 5.14 ONSITE SANITATION SYSTEMS OPERATION EVALUATOR(S)

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Editor's note— Ord. No. 519, §§ 1, 2, adopted June 7, 2011, repealed the former Ch. 5.14, §§ 5.14.010—5.14.090, and enacted a new Ch. 5.14 as set out herein. The former Ch. 5.14 pertained to evaluator of on-site wastewater treatment and disposal systems operation, and derived from Ord. 221, 1993; Ord. 245, 1995.

"Evaluator" as used in this chapter, means any person that demonstrates competence, knowledge and ability in the observance and performance of onsite sanitation treatment/disposal systems and has been duly licensed by the town to perform onsite sanitation systems operations performance evaluations in accordance with the provisions of Chapter 13.04 of this Code.

(Ord. No. 519, § 2, 6-7-2011)

It is unlawful for any person to engage in the business of evaluating the performance operation of any onsite sanitation treatment/disposal systems within the town limits without first obtaining an evaluator's license from the town as provided in this chapter and paying the fee for such license.

(Ord. No. 519, § 2, 6-7-2011)

The term of the evaluator's license shall be three (3) years beginning with the date the license is approved and issued by the town. Thereafter, the license is renewable by subsequent application and current examination on or prior to expiration date of the first license.

(Ord. No. 519, § 2, 6-7-2011)

Any person required to obtain an evaluator's license in accordance with this chapter, Chapter 13.04 and/or other provisions of this code, shall submit an application to the director of the public works department on a form prescribed by the town manager. Applicants possessing any of the following qualifications shall be eligible to be licensed as evaluators:

A. During the preceding three (3) years the applicant has been licensed by the town as an evaluator; and has performed, at minimum, two (2) onsite sanitation systems operations performance evaluations during, the preceding one year.

B. The applicant has demonstrated to the satisfaction of the onsite sanitary official that the applicant has a minimum one year of experience in the onsite wastewater field and has successfully completed training by the onsite sanitation division relating to onsite systems evaluations and has successfully passed the current licensed evaluators examination.

C. The applicant is a registered civil or sanitary engineer, a registered engineering geologist, or a registered environmental health specialist with the State of California and has successfully passed the current licensed evaluators examination.

(Ord. No. 519, § 2, 6-7-2011)

Each evaluation performed by a licensed evaluator as required by this chapter and Chapter 13.04, shall be reported to the town onsite sanitary official upon a form provided by and filed with the town within seven (7) days following the date of the evaluation, or earlier as prescribed upon the town's evaluation form. The evaluation of the onsite sanitation system shall be completed by a licensed evaluator as required by the directives of the system report form provided by the town. If the town's form is altered or not completely filled out, it may not be officially accepted by the town onsite sanitary official.

(Ord. No. 519, § 2, 6-7-2011)

The evaluator is only licensed to evaluate the performance of the onsite sanitation system and as such shall report the observed operating performance and/or operating deficiencies, if any, associated with the onsite sanitation system. Nothing in this chapter shall be construed to confer upon the evaluator the authority to grant any license to construct. The evaluator's observations of an onsite sanitation system operation shall not require any action by the property owner unless and until the property owner is directed by the town onsite sanitary official to correct the evaluated system. The property owner shall have sole authority as to which contractor may perform the corrective construction and/or operational modifications to alleviate any performance and/or operating deficiencies of the associated onsite sanitation system.

(Ord. No. 519, § 2, 6-7-2011)

Each evaluator shall perform onsite sanitation systems operational performance evaluations in a diligent and workmanlike manner. Failure to perform such duties in accordance with this chapter, Chapter 13.04 or the town's adopted Manual for the Onsite Treatment of Wastewater may result in disciplinary action against the licensee and possible revocation of the evaluator's license. If a licensed evaluator provides false information on the evaluator application or upon an onsite sanitation system evaluation report form or fails on two (2) separate occasions to comply with the provisions of this chapter, Chapter 13.04 or the town's adopted Manual for the Onsite Treatment of Wastewater, the town may implement action to revoke the evaluator's license. Any party who is subject to having a license revoked shall be entitled to a hearing. Hearings for revocation of an evaluator's license shall be conducted as follows:

A. The town onsite sanitary official shall mail, by first class U.S. mail, a written notice to the evaluator of a scheduled hearing to consider revocation of his or her license based upon the evaluator's conduct or omissions as set forth in the notice. The notice shall be mailed to the evaluator at least ten (10) days before the scheduled hearing date. The notice shall also state the time and place of hearing and the name of the hearing officer. The hearing shall not be conducted under the formal rules of evidence. However, the hearing officer shall attempt to restrict testimony to matter relevant to the facts stated in the notice.

B. The hearing officer, who shall be named by the town manager, shall be a neutral party to the revocation action.

C. The town staff and the evaluator shall both have an opportunity to be heard and the right to be represented at the hearing.

D. Within ten (10) days after the hearing, the hearing officer shall, in writing, notify the town and the evaluator of his or her decision setting forth a statement of findings of law and fact.

E. The hearing officer shall not have the authority to amend any town ordinance or town adopted regulatory procedures as part of the hearing process; and the decision of the hearing officer shall be final.

(Ord. No. 519, § 2, 6-7-2011)

Any person violating any provision of this chapter shall be guilty of an infraction. False representations submitted on the licensing application or any subsequent report submitted by the evaluator constitutes a separate and distinct violation of this chapter.

(Ord. No. 519, § 2, 6-7-2011)