Petaluma Municipal Code Ch. 15.36 Surface Water DRAINAGE1

1 Editor’s Note: For statutory provisions authorizing cities to construct and maintain drains, see Gov. Code

§38900.

It is unlawful and a public nuisance for any person to construct or connect any leader, drain, basin, pipe or other

conduit used for carrying o[ rain, storm or surface water, so as to, directly or indirectly, connect the same with or

permit rain, storm or other surface water to Xow into any sanitary sewer of the city. (Ord. 1056 NCS §1, 1972; Ord.

317 NCS §5; prior code §19.3.)

Storm drain lines and lines proposed for construction or required to be constructed by individuals, groups or

subdividers shall be of the size necessary to handle storm drainage for the entire area contributory to the line when that area is developed as determined by the director of public works. (Ord. 786 NCS § 1; prior code

§ 19.13.1.)

Whenever individuals or groups are required to install storm drain facilities by the city for any reason and where,

in the opinion of the director of public works and the council, the storm drain facilities to be constructed can be or

will be beneWcial to property not under the control of or in the ownership of the individual or groups and such

storm drain facilities are dedicated to the public, the council may, by contract with the individuals or group, agree

to reimburse and may reimburse the individual or group for such storm drain facilities. The contract shall provide

that the council may collect from any person using such storm drain facilities for the beneWt of property not within

the subdivision a reasonable charge for such use. (Ord. 786 NCS §1; prior code § 19.13.2.)

Whenever the director of public works determines and requires that a subdivider should install storm drainage

facilities as a condition to the acceptance of a Wnal map of subdivision and where, in the opinion of the director of

public works and the council, the storm drainage facilities to be constructed can be or will be beneWcial to property

not in the subdivision and such storm drain facilities are dedicated to the public, the council may, by contract with

the subdivider, agree to reimburse and may reimburse the subdivider for such storm drain facilities. The contract

shall provide that the council may collect from any person using such storm drain facilities for the beneWt of

property not within the subdivision a reasonable charge for such use. (Ord. 786 NCS §1; prior code §19.13.3.)

A subdivider, individual or group who shall install a storm drain facility of beneWt to properties other than that

owned by the individual, group or subdivider may be entitled to be reimbursed for costs incurred to an amount

not to exceed the actual cost of installation. A petition for reimbursement shall be presented to the council,

requesting consideration for the execution of a contract to provide for reimbursement of costs. The petition shall

set forth in reasonable detail the reasons for the request for reimbursement, a statement of actual costs incurred

and such other matter as may be required by the council. Any contract executed by the city with the petitioner for

reimbursement shall be on terms and conditions as follows:

A. The petitioner shall not be reimbursed for more than the cost of the line, nor shall he be reimbursed for any

costs incurred within or attributable to his own property. Subdividers may be entitled to reimbursement for storm

drain facilities installed by the subdivider at his cost and located outside his subdivision or tract. The director of

public works shall determine what portion of the storm drain facilities are outside the subdivision or tract;

B. The petitioner shall be reimbursed by the city without interest over a period to be determined by the city and

not more than a period of ten years. At the expiration of ten years or earlier expiration as established by the

contract, no further reimbursements shall be made;

C. The contract shall set forth a formula establishing the fee to be charged to the property found to be beneWted

by the installation of the facilities and in proportion to the acreage beneWted. It is the intention of this section that

the properties beneWted by the installation shall pay a fair share of the cost of the facilities installed at the expense

of another,

D. Such other and reasonable terms and conditions as the city may require.

(Ord. 786 NCS §1; prior code § 19.13.4.)