San Jose Municipal Code Part 4 Alternate Sewer Lateral Repair or Installation Procedure

The procedure provided by this Part 4 is an alternative to the procedure provided by Part 2 of this chapter, or to any applicable procedures provided by state law or any other ordinance of the city.

(Prior code § 3200.49h.)

A. The council of the city does hereby declare that any connecting sewer lateral between a public sanitary sewer and the property line of any premises which, by reason of damage or obstruction, is inoperative and unable to carry sewage from the property line of any premises to said public sewer, creates a danger to the public health, safety and welfare and is and will continue to constitute a public nuisance.

B. The director of streets and traffic is hereby authorized to abate each and every such nuisance or to cause the same to be abated in the manner provided by the provisions of this part.

(Prior code § 3200.49; Ords. 21657, 23734.)

Before abating any condition which is declared to be a public nuisance in this part, the director of streets and traffic shall post, or cause to be posted, conspicuously, upon or in front of the private property upon or in front of which said nuisance exists, a notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE OBSTRUCTION FROM OR REPAIR CONNECTING SANITARY SEWER LATERAL

"Notice is hereby given that a connecting sewer lateral between the public sanitary sewer and the property line of the lot or parcel of private property within or upon or in front of which this notice is posted in San José, California, is obstructed or damaged, and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by removing said obstruction or repairing said damage pursuant to the provisions of Parts 2, 3, and 4 of Chapter 15.16 of the San José Municipal Code.

"If said obstruction is not removed or said damage is not repaired within three days from and after the date of posting hereinafter specified of this notice, or if good cause is not shown to the undersigned director of streets and traffic within said three days why such should not be done, the undersigned director of streets and traffic of the City of San José will abate said public nuisance by removing or causing to be removed said obstruction or by repairing or causing to be repaired said damage, and in such event, the cost and expense of such removal and abatement will be specially assessed upon or against the private lot or parcel of land from or in front of which the obstruction is removed, or within or upon or in front of which the damaged connecting sewer lateral is repaired and such assessment will constitute a lien upon such lot or parcel of land until paid.

"The above-mentioned private lot or parcel of land within or upon or in front of which said public nuisance exists is that certain lot or parcel of land situated in the City of San José, county of Santa Clara, state of California, which is described in the last equalized assessment roll of the county of Santa Clara, California, as follows:

(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California)

"All interested persons having any objections to the above shall present such objections to the undersigned director of streets and traffic, at _________, San José, California, within three days from and after the date of posting, hereinafter specified, of this notice. The undersigned, director of streets and traffic shall give due consideration to all objections so made.

"Posted this _________ day of _________, 19_________.

DIRECTOR OF STREETS AND TRAFFIC OF THE CITY OF SAN JOSÉ

By ________"

(Prior code § 3200.49a; Ords. 21657, 23734.)

A. Any notice posted pursuant to the provisions of Section 9.12.420 shall be headed as therein provided, and the words in said heading shall be not less than one inch in width.

B. If any private lot or parcel of land which is posted pursuant to the provisions of Section 9.12.420 is more than one hundred feet in width, one notice shall be posted for each one hundred feet of width or portion thereof, and whenever more than one notice is required hereby, such notices shall not be more than one hundred feet apart.

(Prior code § 3200.49b.)

Before abating any condition which is declared to be a public nuisance in this part, the director of streets and traffic, in lieu of and as an alternative to posting of notice or notices as provided by preceding sections of this part, may mail, or cause to be mailed, to the person or persons who are designated on the last equalized assessment roll of the county of Santa Clara, as the owner or owners of the private lot or parcel of land within or upon which or in front of which the said nuisance exists, at their address or addresses as shown on said last equalized assessment roll, a written notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE OBSTRUCTION FROM OR REPAIR CONNECTING SANITARY SEWER LATERAL

"Notice is hereby given that a connecting sewer lateral between a public sanitary sewer and the property line of the lot or parcel of private property within or upon or in front of the private lot or parcel of property which is described on the last equalized assessment roll of the county of Santa Clara, California, as follows:

(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California)

is obstructed or damaged, and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by removing said obstruction or repairing said damage pursuant to the provisions of Parts 2, 3 and 4 of Chapter 15.16 of the San José Municipal Code.

"If said obstruction is not removed or said damage is not repaired within three days from and after the date of mailing, hereinafter specified, of this notice, or if good cause is not shown to the undersigned director of streets and traffic within said three days why such should not be done, the undersigned director of streets and traffic of the City of San José will abate said public nuisance by removing or causing to be removed said obstruction or by repairing or causing to be repaired said damage, and in such event the cost and expense of such removal and abatement will be specially assessed upon or against the private lot or parcel of land, above described, from or in front of which the obstruction is removed, or within or upon or in front of which the damaged connecting sewer lateral is repaired, and such assessment will constitutes a lien upon such lot or parcel of land until paid.

"All interested persons having any objections to the above shall present such objections to the undersigned director of streets and traffic at _________, San José, California, within three days from and after the date of mailing, hereinafter specified, of this notice. The undersigned, director of streets and traffic shall give due consideration to all objections so made.

"Mailed this _________ day of _________, 19_________.

DIRECTOR OF STREETS AND TRAFFIC OF THE CITY OF SAN JOSÉ

By ________"

(Prior code § 3200.49c; Ords. 21657, 23734.)

A. The owner or owners of any private lot or parcel of land within or upon or in front of which a public nuisance, as above described in this part, exists, have a duty to abate such nuisance at his, her or their own cost and expense by removing any and all obstructions from or repairing any damaged connecting sanitary sewer lateral between a public sewer and the property line of the premises, within the time prescribed in the notice which is posted within or upon or in front of said property, or if notice of such nuisance is given by mail within the time prescribed in the mailed notice.

B. If such owner or owners fail to abate such nuisance as above prescribed within said time, and if, in addition, they fail to show cause to the satisfaction of the director of streets and traffic why said nuisance should not be abated, then in that event the director of streets and traffic may abate said nuisance or cause the same to be abated.

(Prior code § 3200.49d; Ords. 21657, 23734.)

In order to abate said nuisance, the director of streets and traffic may cause his or her assistants, deputies and other employees in the department of streets and traffic, or any other available employees of the city, to remove said obstruction or repair said damage, or may cause a licensed contractor to remove or repair the same at and for reasonable rates not in excess of prevailing rates for similar work within the city.

(Prior code § 3200.49e; Ords. 21657, 23734.)

In the event the director of streets and traffic should find that any public nuisance, above described in this part, within or upon or in front of any lot or parcel of land is so serious and aggravated and presents such an immediate menace or danger to the public health, safety and welfare that it is essential to protect such public health, safety and welfare that such nuisance be immediately abated without first posting or mailing notices, as above provided, and without first giving the owner or owners of said lot or parcel further time to abate the same, then in that event the director of streets and traffic may immediately abate said nuisance or cause the same to be abated in the manner provided in Section 9.12.460 without first posting or mailing any notices and without giving the owner or owners of the lot or parcel further time to abate the same. However, the director of streets and traffic, if he or she so abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately, as aforesaid, and he or she shall cause a copy of said report to be mailed within ten days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owner or owners are shown on the last equalized assessment roll of the county of Santa Clara, at their addresses as shown on said assessment roll.

(Prior code § 3200.49g; Ords. 21657, 23734.)

Any and all moneys which may become payable to a licensed contractor for work which the director of streets and traffic may cause such contractor to perform, pursuant to the provisions of this part, shall be paid from the special assessment revolving fund, and the director of streets and traffic is hereby authorized to expend money in said fund for such purposes; provided, however, that upon the collection of any special assessments for the cost of such work, the proceeds shall be deposited in said fund to replenish the same.

(Prior code § 3200.49f; Ords. 21657, 23734.)