San Jose Municipal Code Part 2 Connection Procedures

A. No person shall make connection to the San José sewer system to serve real property outside the corporate limits of the city unless they shall have obtained a permit in accordance with the provisions of this chapter.

B. Neither the city, the city council, or any officer or employee of the city shall issue any such permit unless such issuance is authorized by the provisions of this chapter, and then only in accordance with and subject to the provisions of this chapter.

C. The city council may, subject to the conditions contained in this chapter and subject to such other conditions as the council may impose, including the imposition of additional fees and charges, permit the owner of real property outside the corporate limits of the City of San José to connect such property to the San José sewer system, except that no such permission may be granted to connect property used for the following residential, housing, lodging, or boarding purposes: single-family dwellings, two-family dwellings, automobile trailer or mobilehome parks, boardinghouses, lodginghouses, fraternity houses, sorority houses, private clubs and lodges, hotels, and motels.

(Prior code § 7300.)

The provisions of this chapter shall not be construed as limiting the power of the city council to contract with sanitation districts, political subdivisions or other public agencies of the state or with owners of real property where said real property is included within an assessment district formed by the city for the construction of sewers with reference to outside sewer connections. Nor shall said provisions be construed as prohibiting the city council from permitting, pursuant to contract, outside sewer connections to serve all or a part of a parcel of real property through which the city is given an easement for sewer line purposes, whenever such permission is given as a consideration for such easement or to prevent loss of any such easement. In all cases where such contracts are entered into, the terms and conditions with reference to connecting with the sewer system of the city as expressed in the contract shall govern the rights of the parties with reference thereto, rather than the provisions of this chapter.

(Prior code § 7302.)

A. No person or entity may use the city sanitary sewer system to discharge sewage or any other substance from property located outside of the city limits except in accordance with a valid contract pursuant to Section 15.16.210 of this chapter, a valid permit pursuant to this Title 15 or as expressly authorized by resolution of the city council.

B. Any person or entity which uses the city sanitary sewer system as authorized by council resolution pursuant to this section shall pay fees, late charges and penalties in the amount and according to the payment schedule set forth in a resolution of fees adopted by the council for this purpose.

C. No county sanitation district which is authorized by the council to use the city sanitary sewer system shall discharge into the city sanitary sewer system any sewage or other substance from real property located outside such a county sanitation district's legal boundaries existed on March 1, 1989, without approval by resolution of the city council.

(Ord. 23181.)

The right given to all persons to connect with said sewer system is declared to be a mere privilege revocable at the pleasure of the council, and said privilege may be granted or withheld in the absolute discretion of the council of the city. Nothing contained in this chapter setting forth the terms and conditions upon which such permission may be granted shall be construed as limiting such discretionary power. The council, in its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified in Sections 15.16.250 through 15.16.280. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.

(Prior code § 7301.)

The city shall have the exclusive right to make sewer drain connections with the public sewer in the roadways of the city, and no person other than agents or employees of the city shall connect any sewer drain between a public sewer and the property line of any premises or excavate therefor in streets in the city; provided, that this section shall have no application where work is being done under plans and specifications adopted under the provisions of the San José Improvement Procedure Code or under private contract in accordance with plans and specifications prepared by the city engineer.

(Prior code § 7338.)

A. Application for permission to connect with said sewer system shall be filed with the license collector on forms supplied for that purpose by him, and shall contain a particular description of the structure or structures to be connected, the location and legal description of the property, the name of the owner, the purpose for which said structures and premises are to be used, together with plans and specifications of the plumbing to be installed, or hereafter installed in said structures; also such other information as shall be required by the license collector.

B. The license collector shall, upon receipt of application, refer the same to the planning commission and the city engineer, both of whom shall file a written report with the council, which report shall be confined and limited to factual information as follows: The city engineer's report shall consist of findings as to whether the proposed sewer connection is:

1. Consistent with good engineering practice, and that the engineering and construction standards of the proposed project meet with the requirements of the city engineer and are equal to or in excess of those required within the city;

2. Practical, having regard to the general terrain of the land in the area where the sewer connection is sought;

3. Such as would, from the viewpoint of the city in the event of annexation, conform to a general plan for sewering the entire area.

C. The report of the planning commission shall consist of findings with respect to whether the proposed land use conforms with zoning plans for the future development of the area.

(Prior code § 7303.)

The license collector shall, after report by the city engineer and the planning commission, present said application to the council for action, and the council may grant a revocable permit to connect to the sewer system subject to the conditions contained in Sections 15.16.260 through 15.16.280, as well as the following conditions:

1. That it is revocable at the pleasure of the council, or its successors, at any time, and without notice; nothing herein contained shall be construed so as to limit the right of the city council to disconnect any premises connected hereunder for cause;

2. That the applicant execute and deliver to the city a written agreement, granting to the city a lien against the real property being sewered to secure the payment of any and all fees that may accrue during the life of the permit;

3. The drainage from roofs, wash racks, courts and other areas shall not be allowed to pass into the city sewer without the express permission of the council, and that any such drainage shall be discontinued at any time, without notice, upon order of the council;

4. That the applicant or his successors take such steps as may be required by the council to effectuate the annexation to the city of the property connected thereunder; and that upon annexation the sewer line shall become part of the San José sewer system;

5. That should the city be required to treat its sewage, the applicant will pay to the city his proportionate part of the cost of the city of the treatment of said sewage, which cost is to be determined by a consideration of operation and maintenance as well as interest and depreciation;

6. That the city is granted the right, without notice, to enter upon the real property in question, and to disconnect said sewer at the cost and expense of the permittee, whenever the council shall revoke the permit;

7. That the permit shall be recorded in the office of the county recorder; and that the applicant shall pay the recording fee, if any, therefor;

8. That is it understood and agreed that the privilege of connection with the sewer system of the city shall not be construed as preventing additional assessments for sewer purposes should the property be annexed to and become a part of the city.

(Prior code § 7317.)

A deposit of fifty dollars shall accompany said application, which sum shall constitute the initial connection charge in the event a revocable permit is granted. An additional charge shall be made in all cases where a special type of connection involving additional expense to the city is required. In such cases, the connection fee charged by the city shall be such as, in the opinion of the city engineer, will defray the cost thereof.

(Prior code § 7304.)

The connection charge herein provided for shall not be made in those cases where the property for which a revocable permit is sought shall have been assessed by the city for the purpose of constructing a sewer main to be used in conjunction with the discharge of sewage into the San José sewer system, and where said assessment has been fully paid; provided, however, that nothing herein contained shall be construed as preventing an additional assessment for sewer purposes in the event the property is annexed to and becomes a part of the city.

(Prior code § 7306.)

All connections shall be made in a manner satisfactory to the city engineer, and approved by him. All plumbing installations shall be made in accordance with the provisions of the plumbing code of the city where the structure involved is a new construction, and in the case of an old structure, the plumbing shall be approved by the plumbing inspector; provided, that the plumbing inspector may elect not to inspect connections and plumbing installations in unincorporated areas in which the plumbing inspector finds there are plumbing standards and requirements established by law and in fact being complied with which are as high as those of the city pertaining thereto, including inspections.

(Prior code § 7305.)

In addition to the initial connection charge provided for in Section 15.16.260, there shall likewise be paid by every person receiving a revocable permit hereunder, at the time said permit is issued, an annual service charge which shall be as follows:

A. One-Family Dwellings, Schools, Churches, Hospitals. One-family dwellings, schools, churches and hospitals-sixty dollars per year;

B. Two-Family Dwellings. Two-family dwellings-sixty dollars per year for the first unit, and thirty dollars per year for the additional dwelling unit;

C. Apartments, Multiple-Family Dwellings, Auto Courts. Apartments, multiple-family dwellings, group cottages, auto courts, and all other multiple-family dwellings in excess of two units-sixty dollars per year for the first unit, and twenty dollars per year for each additional unit;

D. Automobile Trailer Camps. For the first six campsite stalls, or less, sixty dollars per year; for each additional six campsite stalls, or less, twenty dollars per year;

E. Commercial Houses and Small Industries. Commercial houses and small industries-sixty dollars per year where the amount discharged into the sewer does not exceed one thousand gallons per day. Where the amount discharged is in excess of one thousand gallons and not more than thirty thousand gallons per day, there shall be an additional service charge of six cents for each additional one thousand gallons per day;

F. Heavy Industries. Heavy industries, including canneries, packing plants, and all other industries, contributing over thirty thousand gallons of sewage per day, shall pay an annual service charge in like amount and manner as herein provided for commercial houses and small industries, and in addition thereto shall pay five cents per one thousand gallons for each additional one thousand gallons in excess of thirty thousand gallons per day, up to the first one hundred million gallons annually. The rate shall then be thirty-five dollars per one million gallons for the next fifty million gallons annually. Above one hundred fifty million gallons annually, the rate shall be twenty-five dollars per each additional one million gallons annually.

(Prior code §§ 7307 - 7313.)

A. The rates hereinabove provided for shall be applicable to all connections made on or after the effective date of Ordinance 3602, adopted January 3, 1949. One year from the effective date of said ordinance, the fees herein provided for shall be applicable to all existing connections made pursuant to Ordinance 3358, adopted July 28, 1947.

B. In all cases involving a connection with the storm sewer of the city, the annual service charge shall be determined by the city engineer, and shall be such as, in the opinion of the city engineer, will reasonably compensate the city for the use of said storm sewer. In determining the amount of said fee, the city engineer shall take into consideration, among other things, the size of the proposed connection, the capacity requested, and the capacity of the storm sewer.

(Prior code § 7314.)

The annual service charge shall be based upon the fiscal year of the city, and shall be due and payable on or before the fifteenth day of December of each year, in accordance with the provisions of the license procedure chapter in Title 6 of this Code.

(Prior code § 7315.)

A proration on a monthly basis shall be allowable in all cases for the balance of the fiscal year during which the original connection was made.

(Prior code § 7316.)

Any person who requires the construction of a connecting sewer lateral between a public sewer and the property line of any premises shall make written application for a sewer lateral permit therefor at the office of the department of public works at least ten days before the connection is required, and shall thereupon deposit with said department the fee for such sewer lateral permit as is established in this chapter.

(Prior code § 7322; Ord. 21707.)

Fees are hereby fixed and established for sewer lateral permits between the public sewer in front of any premises and the property line of any such premises, as set forth in Section 15.16.370.

(Prior code § 7323; Ord. 21707.)

The fee for each sewer lateral permit shall be as set forth in the schedule of fees established by resolution of council.

(Prior code § 7324; Ords. 20642, 21294, 21707.)

The fees above referred to shall be collected in advance.

(Prior code § 7330; Ord. 21707.)

It is hereby provided that in all those streets contained within the limits of the first and second fire districts of the city, as now or hereafter constituted, all side sewer lateral drains shall be installed with cast iron soil pipe of a minimum size of five inches; provided, that in any and all streets where the distance of the main sewer invert is a maximum four feet measured from the average elevation of the tops of the curbs only cast iron soil pipe shall be installed; provided, however, that storm drains of vitrified or concrete pipe of a minimum size of six inches may be installed at any place within the city.

(Prior code § 7331.)

All pipe used in the construction of side sewer laterals shall meet all the requirements as contained in the Standard Specifications of the American Society of Testing Materials referred to in the plumbing code of the city.

(Prior code § 7332.)

Notwithstanding any other provision in Part 2 of this Chapter 15.16 to the contrary, the provisions of this section shall apply to and control situations where a property owner makes written application at the office of the department of public works on forms provided by city, for the repair of a sewer lateral running from his property line to the sewer main in the city street. If said written application indicates that the said owner has ascertained to city's satisfaction that the problem is not caused by an obstruction in that portion of the sewer lateral owned by the owner lying between the owner's property line and structures on his property, the department of public works will determine whether the sewer main is plugged. If the sewer main is not plugged, the department will, if the wye cleanout is not more than twenty-four inches below the surrounding surface grade and is not covered by dirt, concrete, asphalt or any other material, rod the lateral to remove blockage, if any. If, in the aforesaid circumstances, the wye cleanout is more than twenty-four inches below the surrounding surface grade and/or is covered by dirt, concrete, asphalt or any other material, the department will rod the lateral to remove blockage, if any, only after the owner, at his own cost and expense, has brought the wye cleanout to within twenty-four inches below the surrounding surface grade and exposes the wye cleanout in instances where it is covered. If the lateral does not have a wye cleanout, the owner shall cause, at his own expense, a wye cleanout which reaches within twenty-four inches of the surrounding surface grade and is not covered by dirt, asphalt, concrete or other similar material to be installed by a licensed or master plumber in a manner satisfactory to the director of public works or request the department of public works to install same. In such latter event, the department of public works shall install same after an installation fee covering labor and materials in the amount as set forth in the schedule of fees established by resolution of council has been paid by the owner to the city. After installation of the cleanout, the department of public works will rod the lateral between the owner's property line and the sewer main to remove blockage, if any. If, after such rodding, the department of public works determines the said lateral requires repair, the department of public works shall repair the said lateral, without charge to the owner after the owner has filled out a repair order form provided by city which, among other things, requests the repair and grants permission to city to effect the repair on that portion of the lateral owned by the property owner in the manner which city deems appropriate.

(Prior code § 7340; Ords. 20634, 21036, 21052, 21294.)

The opening or maintenance upon any land within the city of any excavation, except as a cellar, basement, area way, or other opening for use in connection with a building or other structure for the erection or alteration of which a building permit has been issued, is hereby declared to be a nuisance.

(Prior code § 7321.)

Any person intending to make excavations in public streets for the purpose of repairing or cleaning any lateral sewer drain shall make and maintain a general deposit with the city in the sum as set forth in the schedule of fees established by resolution of council, which said sum shall be used by the city to defray any expense incurred in repairing the damage, if any, to said public streets occasioned by said excavations. Provided, however, said deposit shall not be required in the case of a duly licensed master plumber of the city. In such case, his master plumber's bond now on file with the city shall suffice. No trench shall be opened in any public street for repairs to or cleaning of any sewer drain until written permission shall be had therefor from the department of public works. As soon as repairs or alterations have been made, notification in writing shall be given the department of public works and the person who has made the excavation must maintain proper barricades and lights and assume full responsibility for such excavation.

(Prior code § 7333; Ord. 21294.)

After receiving written notification as aforesaid, it shall be the duty of the department of public works to resurface the trench and bill the costs to the party authorized to make the street opening.

(Prior code § 7334.)

Charges for resurfacing trenches in streets paved with asphalt, bitumen, concrete or other hard-surfaced material shall, for each square foot of surface disturbed and restored, be as set forth in Section 15.16.470. It is further provided that the department may designate an employee of the city to act as inspector to oversee the work of backfilling and repairing. For all such inspectors, the city shall charge a fee as set forth in the schedule of fees established by resolution of council; provided that where a public service or utility corporation cuts a street pavement surface in excess of five hundred square feet for the purpose of repairs or extensions of underground works, the department of public works may waive the right of having such resurfacing done by its employees and allow the public service corporation to have the work done by a street paving contractor, but under the inspection of the city in the manner provided by this section.

(Prior code § 7335; Ord. 21294.)

A. The cost per square foot to repair street pavement with asphalt, bitumen, cement, concrete or other hard-surfaced material involving resurfacing only, that is, the laying of a top layer of pavement not exceeding two inches in thickness without any repairs or improvement to or the laying of any base underlying the top surface of the pavement, shall be as set forth in the schedule of fees established by resolution of council.

B. Any person who furnishes the deposit set forth in Section 15.16.440, or who does work under the master plumber's bond referred to in this Code, intending to make excavations in public streets for the purpose of repairing or cleaning any sewer drain, shall be charged for repairs the amounts set forth in this section.

(Prior code § 7339; Ord. 21294.)

The department of public works shall render a bill in duplicate for the cost of inspecting the backfilling of any sewer trench if such inspection be deemed necessary by the city engineer, and also render a bill in duplicate for the cost of the repair of any street surface cut in the repair or cleaning of any side sewer. If such person does not pay to the department of public works the amount of said bill within fifteen days after presentation, said department shall charge that cost of such work against any and all deposits then in the city treasury or that thereafter may come into the city treasury belonging to the person required by this chapter to make such deposit. If the work has been done under and by virtue of a general deposit and said depositor is debtor to the city for work therefor performed, the depositor shall thereafter not be permitted to make any excavation in streets until he shall have deposited the amount required to restore said general deposit to the sum required under Section 15.16.440. The balance of any deposit may be withdrawn by the depositor after the department of public works has delivered to the city auditor the bill for the cost of any work chargeable against such deposit.

(Prior code § 7336; Ord. 21294.)

If and when a licensed master plumber is delinquent in his repair payments, suit may be brought against his bond or the city plumbing inspector may be notified in writing by the city engineer of such delinquency and upon receipt of such notice, the plumbing inspector shall not issue permits to the delinquent master plumber until such indebtedness be paid. A disputed bill may be paid under written protest.

(Prior code § 7337.)