Scotts Valley Municipal Code Ch. 13.08 Sewage Disposal System Regulation

The city council finds that the continuing growth and development of the city has given rise to increasing problems in the field of sanitation. A safe and sanitary means of sewage disposal should be provided and an orderly means of preventing unsanitary conditions from occurring in wide areas of the city should also be provided. The council finds that unless more complete regulations are enacted for the control of individual sewage disposal facilities in the city there will be a constant and continuing hazard to the public health, safety and welfare of the inhabitants of the city. This chapter and the regulations adopted pursuant hereto is intended as a temporary solution to the existing sewage problems within the city. It is the city's intention to require all residents of the city to hook up to the city's sewer system when the capacity to do so is available.

(Ord. 58 § 2 (part), 1974)

A. In order to carry out the purposes and intent of this chapter, the building official, with the approval of the council, is authorized to make such regulations as are necessary to give effect to the terms and intent of this chapter. The substance of such regulations shall be in accordance with the intent and purpose of this chapter, and with any state and federal laws, regulations and standards concerning sewage disposal systems.

B. Such regulations shall become effective when prepared by the building official and approved by the council. Such regulations may be amended from time to time by the building official with the approval of the council. The building official shall maintain at all times on file in his office for public inspection a current copy of the ordinance codified in this chapter and the regulations promulgated pursuant thereto.

(Ord. 58 § 2 (part), 1974)

The following words and phrases as used in this chapter have the meanings set forth in this section.

A. "Abatement" means the installation, construction, alteration, enlargement, reconstruction, replacement, improvement, reconditioning of an individual sewage disposal system, or the filling in and abandonment of a sewage disposal system which cannot be repaired, so as to eliminate the sewage nuisance.

B. "Construction" means construction, major repair, alteration, enlargement, replacement, improvement or relocation of an individual sewage disposal system.

C. "Department" means the building department of the city of Scotts Valley.

D. "Health officer" means the county of Santa Cruz health officer or his authorized representative.

E. "Individual sewage disposal system" means a septic tank and drainfield, seepage pit, seepage bed, or any other means of sanitary disposal of sewage.

F. "Major repair" means any kind of alteration or replacement of a malfunctioning individual sewage disposal system except those defined as minor repairs.

G. "Minor repair" means replacement of septic tank baffles, tees, ells or tops.

H. "Order of abatement" means both mandatory and prohibitory orders requiring or prohibiting one or more acts; the term also includes those orders effective for a limited, as well as an indefinite period of time, and includes modifications or restatements of any order.

I. "Sewage" means waste substance, liquid or solid, which is associated with human habitation or which contains, or may be contaminated with human or animal excretion or excrement, offal or feculent matter or matters, or substances that may be injurious or dangerous to health.

J. "Sewage nuisance" means a condition caused by a failing individual sewage disposal system which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and which occurs during, or as a result of, the disposal of sewage.

(Ord. 58 § 2 (part), 1974)

"Value" or "value of building" means the estimated costs to replace the building in kind, based on current replacement costs, as determined by the Uniform Building Code.

(Ord. 58 § 2 (part), 1974)

No persons shall construct, reconstruct, or repair any kind of individual sewage disposal system or any portion thereof, on any property within the city without having first obtained a permit to do so from the building official of the city. Minor repairs may be made without such a permit.

(Ord. 58 § 2 (part), 1974)

Lots may be served by septic tank systems only if the lots meet the following requirements:

A. Where the technical criteria for septic tank system installation can be met with respect to an existing parcel. Parcel area is not applicable prior to October 21, 1981. Parcels must be one acre in area, excluding roads, on or after October 21, 1981;

B. Lots must be located outside the boundaries of the Septic Ban Map as adopted by the city council on July 26, 1978, except existing lots prior to October 21, 1981, in the proposed Pasatiempo Pines sanitary sewer assessment district where an interim septic tank system may be installed, provided the criteria in subsections A or C of this section is met;

C. The parcel must not be within two hundred feet of an existing public sewer.

(Ord. 58 § 2 (part), 1974; Ord. 58.3 § 1, 1981; Ord. 58.4 § 1, 1981)

Where permitted hereunder, an individual sewage disposal system shall be provided for each building designed for human habitation, except that where a group of detached buildings, designed for human habitation, occupying a parcel of land in one ownership and having a yard or court in common may be serviced by a single individual sewage disposal system.

(Ord. 58 § 2 (part), 1974)

Individual sewage disposal systems shall not serve any nonresidential use.

(Ord. 58 § 2 (part), 1974; Ord. 58.3 § 2, 1981)

Sewage disposal systems for buildings or structures to which additions, alterations or repairs are made shall comply with all requirements for new buildings or structures except as specifically provided in this section through Section 13.08.120.

(Ord. 58 § 2 (part), 1974)

When additions, alterations or repairs within any twelve month period exceed fifty percent of the value of an existing building or structure, the sewage disposal system therefor shall be made to conform to the requirements for new buildings or structures.

(Ord. 58 § 2 (part), 1974)

In the event of additions, alterations or repairs within any twelve month period costing less than fifty percent of the value of an existing building or structure, the capacity of the existing sewage disposal system shall be increased to accommodate any potential increased occupancy load, and said new capacity shall conform with this chapter and all regulations adopted pursuant thereto.

(Ord. 58 § 2 (part), 1974)

All sewage disposal systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. The owner or his designated agent shall be responsible for the maintenance of such systems.

(Ord. 58 § 2 (part), 1974)

A. An application for a permit to construct an individual sewage disposal system shall be made to the city building official on forms provided for that purpose. The procedure for filing an application shall conform to the regulations adopted pursuant to this chapter.

Each such application shall be accompanied by a filing fee set by resolution of the city council. No part of the fee shall be refundable.

B. Within ten days after receipt of the application, the city building official shall either grant, conditionally grant, or deny the permit. A permit shall not be issued if, in the judgment of the building official, the proposed disposal system will not function in a satisfactory manner. In the event an application is submitted for an area in the city for which the building official has inadequate information about soil topography, the property shall be inspected by the building official. The building official may require soil and/or percolation tests to be made. Where high water tables are known or suspected to exist, the building official may require these tests to be conducted during the rainy season. Soil and percolation tests shall be performed at the expense of the applicant. The tests shall be made under the supervision of the building official by any of the following: a registered civil engineer, a registered sanitary engineer, a registered sanitarian, a licensed septic tank contractor, or a general engineering contractor.

C. Final inspection of each installation shall be made by the city building official prior to the time the system is backfilled or covered. A request to the building department for final inspection must be made at least one business day in advance. In lieu of a final inspection and with the approval of the building official, the applicant may submit an affidavit by a licensed contractor who installed the system certifying that the same has been constructed according to the plans and specifications which were submitted. In the event the building department determines there has been an improper installation, it may post a stop work order on the job site. Before any further work is done on the site, clearance from the department must be obtained.

D. Except as provided, construction or major repair of an individual sewage disposal system shall be made by a contractor with a C-42 Contracting License, or an equivalent certificate issued by the Department of Professional and Vocational Standards; provided, however, that a property owner may construct or repair a system on his own property which system serves or will serve the building on property that is neither being offered for sale nor intended to be so offered.

(Ord. 58 § 2 (part), 1974; Ord. 58.3 § 3, 1981)

A. The building department may make inspection of a lot and review available department records to determine the probable suitability of the property for an individual sewage system. The building official shall issue a report on the inspection findings to the property owner or his authorized representative. A lot inspection report shall not constitute approval for the issuance of the sewage disposal permit or guarantee of such issuance.

B. Each application for inspection of a lot shall be accompanied by a fee set by resolution of the city council. When inspection of more than one lot is requested, the fee shall be charged for each lot.

(Ord. 58 § 2 (part), 1974)

A. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been completed and the system placed in operation within one year following the issuance of the permit.

B. Upon the expiration of any permit issued pursuant to this chapter, the system may not be used or any further work done in connection with the installation or operation of the sewage disposal system until a new permit for such purpose is secured and all work done in conformance with all the regulations then applicable to sewage disposal systems.

(Ord. 58 § 2 (part), 1974)

A. A permit issued hereunder may be revoked, or suspended by the city building official as provided in Section 13.08.180 if he determines that a violation of this chapter exists, that written notice has been directed to permittee specifying the violation and that the permittee has failed or neglected to make the necessary adjustments within thirty days after receiving such notice.

B. A permit may be so revoked or suspended by the city building official if he determines at a hearing for such purpose that the person to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation, provided that notice of the time and place of such hearing is given to the permittee at least five days prior thereto.

C. The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee.

(Ord. 58 § 2 (part), 1974)

Any person whose application for a permit has been denied, or whose permit once issued has been revoked or suspended, or who has received an order of abatement, may, within ten days following the date on which the action was taken, file an appeal in writing to the city council. The appeal shall be accompanied by a filing fee of twenty-five dollars and shall specify the grounds upon which the appeal is taken. The city council shall then proceed to set the matter for hearing not later than twenty days thereafter. The city council may upon the appeal either affirm, overrule or modify the action of the building official.

(Ord. 58 § 2 (part), 1974)

The city building official, or his representative may, upon reasonable cause to believe a sewage nuisance exists, investigate the situation to determine whether a sewage nuisance does in fact exist. He shall have the power, when in the performance of his duty and upon first presenting his credentials and identifying himself as an employee of the city to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of eight a.m. and six p.m., but not in the dwelling of any person without permission or a court order, to discover or to inspect any thing or condition which appears to be a sewage nuisance. He may examine such premises, things or conditions, take such samples and make such tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether a sewage nuisance exists.

(Ord. 58 § 2 (part), 1974)

The city building official shall determine whether or not any of the conditions investigated constitute a sewage nuisance. If he determines that any of such conditions do constitute a sewage nuisance, abatement proceedings may commence pursuant to Chapter 8.04 of this municipal code or any subsequent amendment thereto.

(Ord. 58 § 2 (part), 1974)