Rialto Municipal Code Ch. 12.08 Sewer System

Footnotes:

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For statutory provisions relating to municipal sewer districts, see Health & Saf. Code § 4600 et seq.; for the provisions regarding discharge of sewage or other effluent, see Health & Saf. Code § 5411; for the provisions regarding municipal sewers generally, see Gov. Code § 38900 et seq. For industrial waste provisions, see Ch. 12.12, this code.

The city council may establish rules and regulations, including definitions and terms for implementing the requirements of this chapter, through the adoption of a resolution.

(Ord. No. 1520, § 1, 11-27-12)

Editor's note— Ord. No. 1520, § 1, adopted November 27, 2012, repealed the former § 12.08.010, and enacted a new § 12.08.010 as set out herein. The former § 12.08.010 pertained to definitions and derived from the 1965 code Title XIII, Ch. 9 , § 2 and Ord. No. 1234, 1995.

It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

(1965 code Title XIII, Ch. 9, § 3(A))

It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(1965 code Title XIII, Ch. 9, § 3(B))

It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as hereinafter provided.

(1965 code Title XIII, Ch. 9, § 3(C))

The owners of all houses, buildings, properties or premises used for human occupancy, employment, education, recreation or any other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, are required at his/her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within three years after the public sewer becomes available, provided the public sewer is within two hundred feet of any such buildings or works and after ninety day written notice to comply.

(Ord. 1234 (part), 1995: 1965 code Title XIII, Ch. 9, § 3(D))

Where the chief building official has determined by investigation that extenuating circumstances prevent the connection of the building drain to the public sewer, when the building is within two hundred feet of the public sewer, a written report of the investigation shall be filed by the chief building official. After such written report has been submitted, the city council determines whether a private sewage disposal system shall be allowed.

(1965 code Title XIII, Ch. 9, § 3(E))

Where a public sanitary sewer is not available under the provisions of Sections 12.08.020 through 12.08.060, the building sewer shall be connected to a private sewage disposal system complying with the provisions of Sections 12.08.020 through 12.08.110.

(1965 code Title XIII, Ch. 9, § 4 (part))

Before commencement of construction of a private sewage disposal system the owner first obtains a written permit signed by the chief building official. The application for such permit is made on a form furnished by the city, which the applicant supplements by any plans, specifications and other information deemed necessary by the chief building official.

(1965 code Title XIII, Ch. 9, § 4(A))

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 12.08.050, a direct connection is made to the public sewer in compliance with this chapter.

(1965 code Title XIII, Ch. 9, § 4(B))

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(1965 code Title XIII, Ch. 9, § 4(C))

No statement contained in Sections 12.08.080 through 12.08.110 interferes with any additional requirements that may be imposed by the health and safety code, as set forth in Chapter 8.04.

(1965 code Title XIII, Ch. 9, § 4(D))

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city engineer.

(1965 code Title XIII, Ch. 9, § 5(A))

There shall be two classes of installation permits:

A. For service to residential, commercial, educational and similar type buildings; and

B. For service to establishments producing industrial wastes.

In either case, the owner or his/her agent makes application on a special form furnished by the city.

(Ord. 1234 (part), 1995: 1965 code Title XIII, Ch. 9, § 5(B))

All costs and expenses incident to the installation and connection of the building sewer is borne by the owner. The owner indemnifies the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(1965 code Title XIII, Ch. 9, § 5(C))

Regulations governing installation of sewage disposal, building sewers and connections within the city are in accordance with the provisions of the Uniform Plumbing Code adopted by the city.

(1965 code Title XIII, Ch. 9, § 5(D))

The connection of the building sewer into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve inches in diameter or less, and no properly located "Y" branch is available, the owner shall at his/her expense install a "Y" branch in the public sewer at the location specified by the city engineer. Where the public sewer is greater than twelve inches in diameter, and no properly located "Y" branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about forty-five degrees in a manner approved by the city engineer. A forty-five degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the city engineer. The connections specified in Sections 12.08.120 through 12.08.170 shall be made in the presence of the city engineer or his/her representative.

(Ord. 1234 (part), 1995: 1965 code Title XIII, Ch. 9, § 5(E))

Building sewers, including sewer laterals, shall be maintained by the owners of properties being served by the building sewers. Maintenance liability of a building sewer includes the entire building sewer extending from the building drain into the public right-of-way up to and including the connection with the public sewer. Owners of properties served by building sewers connected to the public sewer shall first obtain a permit in accordance with Chapter 11.04 prior to performing any maintenance on the building sewer requiring an excavation in the public right-of-way.

(Ord. No. 1529, § 2, 5-28-13)

All excavations for building sewer installation shall be adequately guarded with barricades and lights by the person responsible for the excavation so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(1965 code Title XIII, Ch. 9, § 5(F))

No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision is subject to immediate arrest.

(1965 code Title XIII, Ch. 9, § 7)

The city engineer and other duly authorized employees of the city bearing proper credentials and identification are permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.

(1965 code Title XIII, Ch. 9, § 8)

The city council may establish, eliminate, increase, or decrease sewer rates and charges from time to time, subject to applicable California law, through the adoption of a resolution. The sewer rates and charges in effect shall be those rates and charges identified in the most recent resolution passed and adopted by the city council.

(Ord. No. 1520, § 2, 11-27-12)

Editor's note— Ord. No. 1520, § 2, adopted November 27, 2012, repealed the former § 12.08.200, and enacted a new § 12.08.200 as set out herein. The former § 12.08.200 pertained to similar material and derived from the 1965 code Title XIII, Ch. 9, § 9 ; Ord. No. 1271, 1998; Ord. No. 1315, 2001; Ord. No. 1335, 2002 and Ord. No. 1505, adopted June 12, 2012.

A. Any sewer charge that is unpaid by the stated due date shall be a debt in favor of the city of Rialto, which may use any legal means to collect any delinquent sewer charge. At its option, the city may assign any delinquent sewer charge to a collection agency for collection.

B. Any property owner may elect to have the sewer charge annualized and assessed on the annual property tax bill for the property so designated by the owner. The annualized sewer charge shall be assessed on the annual property tax bill for the property for each property as it develops where the property is located beyond the city's water service area.

C. In addition to any other remedy available to the city of Rialto, any delinquent sewer charge may be submitted to the county of San Bernardino for inclusion on the annual property tax roll as a lien on the property for which the delinquency corresponds. The amount of the lien shall consist of the delinquent sewer charges, penalties and applicable county fees arising from the imposition of the lien and collection thereof.

D. The chief financial officer may request that the amount of any sewer charges due to the city hereunder be collected as an assessment lien on the property for which the delinquency corresponds by submitting a resolution to the city council that establishes the amount of any delinquency and accrued penalties and the identification of the property for which the delinquency corresponds and that requests the placement of exact amount of the delinquency and penalties on the San Bernardino County tax rolls for collection. The resolution of the city council shall conform to the county of San Bernardino auditor/controller-recorder's policies and procedures for applying special assessments to the tax rolls.

E. The following procedures shall apply to assessment liens:

1. A notice of proposed assessment lien shall be served on the owner of the property by personally serving or mailing said notice, to the address shown on the official records of the county assessor. The notice shall state the amount of delinquency and penalties sought to be imposed as an assessment lien, the legal description of the property on which the assessment lien is sought to be imposed and that the owner's right to appeal said proposed action by filing a written appeal within ten days from the date of service or mailing of said notice. The notice shall warn the owner that a failure to file a written appeal with the chief financial officer within said ten-day period shall constitute a waiver of the owner's right to appeal the imposition of the proposed assessment lien on the owner's property. If the city council, by resolution, adopts a fee to defray the expenses to process and conduct a hearing on said appeal, the notice also shall state the amount of the fee and that payment of said fee is a condition precedent to the effectiveness of the owner's right to appeal.

2. Within ten days from the date of service or mailing of said notice, the property owner may file a written appeal to the proposed assessment lien and pay any required fee to the city administrator or waive the right to such an appeal. Whenever a property owner fails to file a timely appeal to a proposed assessment lien, the chief financial officer shall prepare a resolution that imposes an assessment lien on the owner's property and the city council shall adopt said resolution unless it determines that imposing an assessment lien on the property would be inappropriate.

3. The chief financial officer, or a designee other than the chief financial officer, shall hear each appeal within fourteen calendar days after the date on which the appeal was filed. Written notice of the hearing date shall be served on the owner, at least, seven days prior to the hearing on the appeal. At the hearing on the appeal, the chief financial officer or designee shall consider the computation of the amount of the proposed assessment lien, evidence that the owner owns the property on which the assessment lien is sought to be imposed and evidence that the non-payment is related to the property on which the assessment lien is sought to be imposed. At the conclusion of the hearing, the chief financial officer shall determine whether or not to impose an assessment lien on the property of the owner in such amount that is deemed to be fair and reasonable. The decision of the chief financial officer shall be final unless the property files an appeal to the city administrator within ten days of the mailing of the decision of the chief financial officer. Upon the determination of the chief financial officer or designee to impose an assessment lien and the amount thereof, the deputy finance director shall prepare a resolution as set forth in subsection (e)(2) hereof and the city council shall adopt said resolution unless it determines that imposing an assessment lien on the property would be inappropriate.

(Ord. 1406 § 1, 2007)

(Ord. No. 1454, § 1, 10-27-09)

A. Any person found to be violating any provision of this chapter, is served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Any person who continues any violation beyond the time limit provided for in subsection A is guilty of a misdemeanor. Each day in which any such violation continues is a separate offense.

C. Any person violating any of the provisions of this chapter becomes liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (1965 code Title XIII, Ch. 9, § 10 )