Rohnert Park Municipal Code Ch. 13.26 Sewer Laterals and Private Sewers

Footnotes:

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Editor's note— Ord. No. 834, § 4, adopted Feb. 22, 2011, repealed Ch. 13.26, in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, Ch. 13.26 pertained to Sewer Laterals. See Ordinance List and Disposition Table for derivation.

All design and construction of sewer laterals, including the portion of the sewer lateral located on private property, shall conform to the requirements of Chapters 13.08 through 13.52 of this code, the California Plumbing Code and other applicable regulations adopted by the city, applicable city standards and the plans and specifications for the construction approved by the city engineer. Every sewer lateral shall meet the following minimum requirements:

(A) It shall not be connected to roof downspouts, area drains, foundation drains or other sources of surface water or groundwater runoff;

(B) Its joints shall be tight and all pipes shall be free from structural defects, cracks, breaks, openings, and missing portions to prevent ex-filtration of sewage or infiltration by groundwater or storm water;

(C) Its grade shall be uniform without sags or offsets;

(D) It shall have a two-way cleanout located at or near the property line or at or near the sewer main easement, which shall be securely capped at all times.

(Ord. No. 834, § 4, 2-22-2011)

Construction, alteration, replacement or repair of any sewer lateral or appurtenances shall be made by an appropriately licensed contractor or by the legal owner of the property to the extent allowed by state law. All applicable permits, including those required by this chapter, Chapter 12.04, "Encroachments" and Chapter 15.04, "General Provisions and Penalties" of this code shall be obtained before commencing any such work.

(Ord. No. 834, § 4, 2-22-2011)

No person shall make connection of roof downspouts, areaway drains, foundation drains, or other sources of surface water runoff or groundwater to a sewer service lateral that is connected to, either directly or indirectly, a public sanitary sewer.

(A) As part of its periodic construction and maintenance of sewer mains or laterals, the city may discover illegal connections of roof downspouts, areaway drains, foundation drains or other sources of surface water runoff or groundwater. The city may order the property owner to remove the illegal connection and inspect, repair or replace any lateral or portion of the lateral that has been affected by the illegal connection.

(B) In the absence of a specific deadline established by the City Engineer, all repair or removal work to eliminate the illegal connection shall be completed within 30 days of notification by the city that an illegal connection has been discovered. Notification pursuant to this section shall be in writing and either personally delivered or sent to the property owner via certified mail, return receipt requested.

(C) If it becomes necessary to repair or replace any portion of the sewer lateral during the process of eliminating the illegal connection, such repair or replacement must be done in accordance with Section 13.26.045.

(D) The city may impose civil administrative penalties against a property owner who fails to perform any act required in this section.

(Ord. No. 834, § 4, 2-22-2011)

(A) The user shall be responsible for maintaining a clear, unobstructed sewer service lateral from the user's premises to the city sewer. The owner of any premises is responsible for the maintenance of the sewer service lateral, including both the building sewer and the street lateral. The owner shall perform all necessary maintenance to keep the sewer service lateral free from roots, grease deposits, and other solids that may impede the flow or obstruct the transmission of sewage.

(B) The owner of any premises is also responsible for the condition, maintenance, operation and repair of the building sewer. The owner shall perform all necessary repairs, including replacement, of the building sewer to keep it in good condition and free from structural defects, cracks, breaks, openings, and missing portions.

(Ord. No. 834, § 4, 2-22-2011)

(A) Repair. It shall be the responsibility of the owner of the premises to repair and/or replace any building sewer which has been found to exhibit conditions that would permit infiltration or inflow to enter the sewer system. All repair and replacement work shall conform to the applicable city standards, including testing standards.

(B) Notice of Required Correction. Should the city engineer determine that a building sewer does not meet the standards of this code, the city engineer shall give a minimum of thirty days written notice to owner of the premises to correct said violation. The city engineer may allow for a reasonable correction schedule. The notice shall also provide that the city will affect the required repairs if not completed by the owner of the premises within the required timeframe and that the city shall be entitled to recover its costs for such repairs.

(Ord. No. 834, § 4, 2-22-2011)

(A) Property owners shall inspect, and if found defective, repair or replace the building sewer or clean the sewer service lateral as follows:

(1) Whenever the city finds that a sewage overflow emanating from a sewer service lateral has reached public property, including but not limited to a city street or the city storm drain system, or had flowed onto private property owned by another property owner;

(2) Whenever the city finds that a sewage overflow emanating from a sewer service lateral presents a threat to public health, even if it has not flowed across a property line; and

(3) Upon determination of the city engineer that repair, cleaning or testing is required to abate a nuisance or for the protection of the public health, safety and welfare.

(B) Property owners shall inspect, and if found defective, repair or replace the sewer service lateral as follows:

(1) On application to build a new structure on property with an existing lateral. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to receiving a Certificate of Occupancy or a Temporary Certificate of Occupancy;

(2) On application proposing to connect a previously unconnected structure to an existing lateral. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to approval of the building permit and final connection to the sewer system;

(3) On application for a change of use on the premises served from residential to commercial, or from non-restaurant commercial to restaurant commercial. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to approval of the building permit; or

(4) On application for a change of use on the premises served from any other land use to common interest development. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to approval of the final map or parcel map.

(C) Performance and Inspection of Testing. All building sewer and sewer service lateral inspections and testing shall be performed by a state licensed contractor to the satisfaction of the city engineer in accordance with applicable city standards. Results of all inspections and testing shall be filed with the city engineer.

(D) The lateral shall be considered defective if it fails to meet the conditions set forth in the city standards or has any of the following conditions: displaced joints, root intrusion, substantial deterioration of the lines, damaged clean-out, defective clean-out, improper pipe grade, inflow, infiltration of extraneous water, or other conditions such as grease or other build-up likely to increase the chance for a lateral blockage, or if, within a period of one year, a lateral suffers two or more blockages resulting in overflows.

(E) As part of its periodic construction and maintenance of sewer mains, the city may discover defective building sewers. The city may order the property owner to conduct an inspection, repair or replacement of any building sewer that the city knows or reasonably suspects to be defective in accordance with the provisions of this chapter.

(F) Whenever defective building sewers are found, the property owner, at the sole expense of the property owner, shall repair or replace the lateral. The following requirements shall be met:

(1) A replaced or repaired building sewer shall not be covered or backfilled until it has been inspected by the city.

(2) All new and repaired building sewers must be televised and pass an air or water pressure test as specified by the city engineer.

(3) All repaired or replaced building sewer shall be brought into compliance with current city standards and with the California Plumbing Code, including cleanouts, overflow relief and backwater valves as needed.

(G) In the absence of a specific deadline established by the city engineer, all repair or replacement work shall be completed within 30 days of notification by the city after review of inspection materials show that such repair or replacement is required.

(H) Roots, grease, dirt, rock, groundwater or other material that has accumulated in any part of the sewer service lateral shall be prevented from entering the sewer main during any maintenance or repair of the lateral. In the event that material is permitted to enter the sewer main causing or contributing to the cause of a sewage spill, the property owner and/or contractor performing such maintenance work, in addition to any criminal penalties imposed, shall be subject to civil and administrative fines and penalties and shall be required to reimburse city for any expenses incurred as a result of the spill.

(I) The city shall have the authority to recover from a property owner the city's expenses incurred in responding to sewer overflows on private property. In addition to any actual expenses incurred by the city resulting from an overflow, the city may impose civil and/or administrative fines and penalties against a property owner who fails to perform any act required in this chapter, which failure results in an overflow reaching public or private property other than the property owner's property.

(J) The city engineer shall have the authority to establish, waive, suspend or otherwise modify any civil administrative penalty imposed by this section that exceeds the direct costs to the city upon a showing by the property owner of severe financial hardship or upon a showing that the property owner has satisfactorily repaired the lateral to a degree sufficient to ensure avoidance of further violations. Any claim of severe financial hardship must be accompanied by a sworn affidavit and must demonstrate the person's actual inability to pay the civil and/or administrative fines and penalties imposed by the city.

(Ord. No. 834, § 4, 2-22-2011)

(A) Issuance. A certificate of building sewer compliance shall be issued by the city engineer upon the occurrence of either of the following:

(1) The city engineer has approved the results of inspection and testing and the owner of the premises has paid the appropriate fee; or

(2) The owner of the premises has presented evidence satisfactory to the city engineer that the building sewer was repaired or replaced within the last five years and the owner of the premises has paid the appropriate fee.

(B) Validity. A certificate of building sewer compliance shall be valid for fifteen years and shall be valid only for the lateral at the address specified in the certificate. The city building department shall maintain records of all certificates of building sewer compliance issued.

(Ord. No. 834, § 4, 2-22-2011)

(A) The city council may, by resolution, prescribe a program by which the city shall offer to perform all or a portion of building sewer repair work or contribute towards the cost of the work.

(B) Fees. When any work, testing or inspection in this chapter does not specifically require an application for permit with a city, county or state agency, the city council may, by resolution, approve a fee schedule to provide for administration of the inspection program.

(Ord. No. 834, § 4, 2-22-2011)

All connections made to the city sewer service shall provide, at the owners' cost, a fully functioning sewer lateral in compliance with the requirements of Chapters 3.2 and 13.08 through 13.52 of this code, the Uniform Building Code, California Plumbing Code and other applicable regulations adopted by the city, applicable city standards and the plans and specifications for the construction approved by the city engineer.

(Ord. No. 834, § 4, 2-22-2011; Ord. No. 840, § 11, 11-22-2011)

(A) Property owners shall inspect and, if found defective, provide a plan for repair or maintenance of any private sewer as follows:

(1) On application to build a new structure on property which will connect to the private sewer with an existing lateral, or when otherwise proposing to connect a previously unconnected structure to an existing private sewer. inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. Inspection of the private sewer shall be from the point of connection or proposed connection downstream to the connection to the public sewer. The testing and any required repairs shall be made prior to receiving a certificate of occupancy or temporary certificate of occupancy.

(2) On application to connect a previously unconnected structure to an existing private sewer. Inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. Inspection of the private sewer shall be from the point of con-nection or proposed connection downstream to the connection to the public sewer. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to approval of the building permit and final connection to the sewer system.

(3) On application for a change of use on the premises served from residential to commercial, or from non-restaurant commercial to restaurant commercial. Inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. Inspection of the private sewer shall be from the point of connection or proposed connection downstream to the connection to the public sewer. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to approval of the building permit.

(4) On application for a change of use on the premises served from any other land use to common interest development. Inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. The entire length of the private sewer shall be inspected and tested. The inspection and any required repairs or replacement shall be completed and accepted by the city prior to approval of the final map or parcel map.

(5) Whenever the city finds that a sewage overflow emanating from a private sewer has reached public property, including but not limited to a city street or the city storm drain system, or had flowed onto private property owned by another property owner. Inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. The entire length of the private sewer shall be inspected and tested.

(6) Whenever the city finds that a sewage overflow emanating from a private sewer presents a threat to public health, even if it has not flowed across a property line. Inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. The entire length of the private sewer shall be inspected and tested.

(7) Upon determination of the city engineer that repair, cleaning or testing is required to abate a nuisance or for the protection of the public health, safety and welfare. Inspection shall consist of a television inspection of the private sewer in accordance with city standards and conducting a smoke test. The entire length of the private sewer shall be inspected and tested.

(B) Performance and Inspection of Testing. All private sewer inspections and testing shall be performed by a state licensed contractor to the satisfaction of the city engineer in accordance with applicable city standards. Results of all inspections and tests shall be filed with the city engineer.

(C) Failure. No private sewer shall be allowed to remain connected to the city sewer for more than 90 days after failing to pass an inspection or test as specified in this section unless a written request for extension has been filed with and approved in writing by the city engineer.

(D) The private sewer shall be considered defective if it fails to meet the conditions set forth in the city standards or has any of the following conditions: displaced joints, root intrusion, substantial deterioration of the lines, improper pipe grade leading to clogging of the line, inflow, infiltration of extraneous water.

(E) As part of its periodic construction and maintenance of sewer mains, the city may discover defective private sewers. The city may order the property owner to conduct an inspection, repair or replacement of any private sewer that the city knows or reasonably suspects to be defective in accordance with the provisions of this section.

(F) Whenever defective private sewers are found, the property owner, at the sole expense of the property owner, shall create a plan and schedule for repair or replacement of the private sewer. The plan shall be approved by the city engineer. The following requirements shall be met:

(1) A replaced or repaired building sewer shall not be covered or backfilled until it has been inspected by the city.

(2) All new and repaired building sewers must be televised and pass an air or water pressure test as specified by the city engineer.

(3) All repaired or replaced private sewers shall be brought into compliance with current city standards and per the plan submitted by the owner and approved by the city engineer.

(G) In the absence of a specific deadline established by the city engineer, all repair or replacement work shall be completed within 90 days of notification by the city after review of inspection materials show that such repair or replacement is required.

(H) Roots, grease, dirt, rock, groundwater or other material which has accumulated in a private sewer shall be prevented from entering the city sewer during any maintenance or repair of the private sewer. In the event that material is permitted to enter the main causing or contributing to the cause of a sewage spill, the property owner and/or contractor performing such maintenance work, in addition to any criminal penalties imposed, shall be subject to civil and administrative fines and penalties and shall be required to reimburse city for any expenses incurred as a result of the spill.

(I) The city shall have the authority to recover from a property owner the city's expenses incurred in responding to sewer overflows on private property. in addition to any actual expenses incurred by the city resulting from an overflow, the city may impose civil administrative penalties against a property owner who fails to perform any act required in this section, which failure results in an overflow reaching public or private or property other than the property owner's property.

(J) The city engineer shall have the authority to establish, waive, suspend or otherwise modify any civil administrative penalty imposed by this section that exceeds the direct costs to the city upon a showing by the property owner of severe financial hardship, or upon a showing that the property owner has satisfactorily repaired the lateral to a degree sufficient to ensure avoidance of further violations. Any claim of severe financial hardship must be accompanied by a sworn affidavit and must demonstrate the person's actual inability to pay the civil and/or administrative fines and penalties imposed by the city.

(Ord. No. 834, § 4, 2-22-2011)