Chapter 2 — SEWER CODE

Except as otherwise provided in this chapter, or unless the context of this chapter otherwise requires, the following words whenever used in this chapter shall be given the meanings and construction set forth in this section:

Applicant. The person making application for a permit. No person shall be an applicant who is not the owner or authorized agent of the owner of the premises to be served by the sewage facility for which the permit is requested.

Building. Any structure containing sanitary facilities, designed for use as a human habitation or place of business, recreation or other purpose.

City Inspector. In any place this code uses the phrase "city inspector" that phrase shall mean the public works director or designee.

Garbage. Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

House (or Building) Sewer. Any sewer or lateral beginning at the plumbing outlets of any building and running to the property line.

Industrial Waste. Any and all liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature.

Lateral Sewer. The portion of the side sewer within a public street not considered a main sewer line that is intended to serve a single parcel.

Licensed Contractor. An individual, firm, corporation, partnership or association duly licensed by the state of California to perform the type of work to be done under a duly issued permit.

Outside Sewer. A private sewer beyond the limits of the city.

Permit. The written authorization required by this code for the installation or construction of any facility for the collection or transmission of domestic sewage and waterborne wastes.

Plumbing System. Includes, but shall not be limited to, all plumbing, fixtures and traps, or soil, waste, special waste and vent pipes, and all sanitary sewage pipes within the property lines of the premises.

Private Sewer. A sewer which is on private property and/or is part of an independent sewage disposal system not controlled by or under the jurisdiction of the city.

Public Sewer. A sewer lying within a public street or city sewer easement and which is controlled by or under the jurisdiction of the city.

Sewage. Any and all waste substance, liquid or solid, associated with human habitation, or which contains or may be contaminated with human or animal excreta or excrement, offal or any feculent matter.

Sewage Works. All facilities for the collection, transmission, treatment and disposal of sewage.

Sewer. A pipe or conduit which carries sewage and/or industrial wastes to which storm, surface and ground waters are not intentionally admitted.

Side Sewer. The part of the horizontal piping beginning at the foundation wall of any building and terminating in the main sewer or septic tank.

Street. Any public highway, road, street, avenue, alley, way, easement or right-of-way. (Ord. 16-318, 2016)

It is unlawful for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in the city except by connection to the public sewer in the manner provided in this chapter.

• A. The owner of any building situated within the city requiring sewage disposal and abutting on any street in which is located a public sewer, shall, at such owner's expense, connect said building directly to such public sewer. All connections required by this section shall be made in accordance with the provisions of this title and all other applicable rules and regulations of the city.

• B. The owner of any building in existence prior to the construction of a public sewer to which connection would otherwise be required under subsection A of this section, shall, upon construction of such public sewer, connect said building to such public sewer within 90 days after the date of receipt of written notice from a duly authorized officer of the city advising of the availability of such public sewer and of the requirement for connection thereto.

• (Ord. 16-318, 2016)

• A. On Application. When any person, by reason of special circumstances, is of the opinion that any provision of this chapter is unjust or inequitable as applied to his or her property, he or she may make written application to the city council, stating the special circumstances, citing the provisions complained of and requesting suspension or modification of that provision as applied to his or her premises. If such application be approved, the city council may, by resolution, suspend or modify the provision complained of, as applied to such property, to be effective as to the date of the application and continuing during the period of the special circumstances.

• B. On Own Motion. The city council may, on its own motion, find that by reason of special circumstances any provision of this chapter should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof.

• (Ord. 16-318, 2016)

• A. Designation. The city manager shall designate a city inspector(s) to inspect and approve the installation, connection, maintenance and use of all lateral sewers and plumbing, sewerage, sanitary drainage work and facilities in connection therewith in the city.

• B. Powers and Authority. The officers, inspectors and any duly authorized employees of the city shall wear or carry an official badge of office or other evidence establishing his or her position as such and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing

such duties as may be necessary in the enforcement of the provisions of this code or any other applicable rule or regulation of the city.

(Ord. 16-318, 2016)

• A. Certificate Required. Any person desiring to secure a building permit shall first obtain a can and will serve certificate from the city clerk stating the city's ability to provide proper and adequate water and sewer service to the project.

In the case of commercial, industrial, multiple dwellings and condominium projects, the can and will serve certificate will also address fire protection including, but not limited to, automatic fire sprinkler systems, construction materials, structure heights and ingress-egress.

• B. Term. Can and will serve certificates shall automatically terminate and be without further force and effect after the passage of 180 days from date of issuance.

• (Ord. 16-318, 2016)

• A. Disposal of Wastes. 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.

• B. Treatment of Wastes. It is unlawful to discharge to any stream or watercourse any sewage, industrial waste or other contaminated substance, except where suitable treatment has been provided in accordance with provisions of this title.

• C. Unlawful Disposal. Except as herein provided, it is unlawful to construct or maintain within the city any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage.

• D. Occupancy Prohibited. No building, industrial facility or other structure within the city shall be occupied until the owner of the premises has complied with all applicable provisions of this title.

• (Ord. 16-318, 2016)

• A. Sewer Not Available. Where connection to a public sewer is not required under the provisions of section 9-2A-2 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the rules, regulations and ordinances of the Santa Barbara County health department.

• B. Abandonment of Facilities. At such time as connection to a public sewer is required with respect to a property served by a private sewage disposal system, as provided in section 9-2A-2 of this chapter, a direct connection shall be made to the public sewer in compliance with this title, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material in accordance with the county of Santa Barbara standards and as determined by the city inspector.

• C. Cost of Maintenance. The owner shall, at the owner's sole expense, operate and maintain the private sewage disposal facilities in a sanitary manner at all times.

• (Ord. 16-318, 2016)

No unauthorized 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 city's sewage works.

(Ord. 16-318, 2016)

Article A1. Sewer Connections

§ 9-2A1-1. Permit required.

No person shall construct any sewer or make a connection to any public sewer without first obtaining a written permit from the city and paying all fees and connection charges as required by this title. (Ord. 16-318, 2016)

§ 9-2A1-2. Construction requirements.

Construction of sewers shall be accomplished in accordance with the applicable requirements of the city in force from time to time.

• A. Sewer Materials. The side, house, building and lateral sewer shall be vitrified clay sewer pipe, ASTM standard specification C13-44T or equal, polyvinyl chloride (PVC) plastic pipe which shall conform to ASTM standard specifications D3034-72, or high density polyethylene (HDPE) plastic pipe which shall conform to ASTM standard specifications D2239, D2737, D3035 and F714. All pipe joints shall be glued, fused or rubber gasketed, tight and waterproof.

• B. Minimum Size and Slope. The size and slope of the side sewer shall be subject to the approval of the city inspector, but in no event shall the diameter of the lateral sewer be less than four inches and the diameter of the house/building sewer be less than four inches. The slope of the side sewer shall not be less than 2% or 1/4 inch per foot, unless otherwise approved by the city inspector.

• C. Building Drain. Whenever possible the building drain shall be brought to the building at an elevation below the basement floor. No building drain shall be laid parallel to or within three feet of any bearing wall. The building drain shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.

• D. Joints and Connections. All excavations required for the reinstallation of a building drain shall be open trench work unless otherwise approved by the city inspector. Pipe laying and backfill shall be performed in accordance with ASTM specification C12-19 except that no backfill shall be placed until the work has been inspected. All joints and connections shall conform to the applicable provisions of the building code then in effect.

• (Ord. 16-318, 2016)

§ 9-2A1-3. Connection to public sewer.

• A. Connection Requirements. The connection of the house/building sewer into the public sewer shall be made at the lateral by placing a cleanout at the property line. Where there is no properly located lateral or where there is no lateral sewer available in collection system, the connection should be made using a sewer saddle at the public main and a lateral extended to

the property line with cleanout as provided in the public works department standard details. For new sewer main extensions a "wye" and sewer lateral shall be placed at each parcel according to public works department standard details. The connection to the public sewer shall be made in the presence of the city inspector and under their supervision and direction and in accordance with the rules, regulations and ordinances of the city. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the city inspector. When a lateral sewer is constructed by an applicant, the applicant shall first obtain a permit for such construction and pay the established inspection fee. Payment of said inspection fee shall not relieve the applicant of the required payment of the connection fees provided in section 9-2E-1 of this chapter, provided, however, that the cleanout shall be placed at the property line when a lateral is constructed by an applicant. Only a licensed and bonded contractor may install lateral sewers in the public right-of-way and connect the same to city sewer lines.

Prior to commencement of work, every licensed contractor shall provide the city with a surety satisfactory to the city inspector, by the terms of which the contractor agrees to hold the city harmless from the damage to the city sewer system caused by the connection to the sewer. The final amount of such surety shall be at least $10,000 if it covers a period not to exceed one year, or $2,000 if it covers only a single installation.

• B. Separate Sewers. No two adjacent lots fronting on the same street shall be permitted to join in the use of the same side sewer. Except as otherwise provided in this section, every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, one or more buildings under the same ownership located on a single parcel may be served with the same side sewer during the period of said ownership with approval of the city inspector. Upon the subsequent subdivision of any such parcel the portion not directly connected with such public sewer shall be forthwith separately connected with a public sewer, and it is unlawful for the owner thereof to continue to use or maintain such indirect connection.

Notwithstanding any provision of this section to the contrary, separate residential, commercial or industrial condominium units in the same condominium development may join in the use of a common side sewer.

• C. Old Building Sewers. Old building sewers, excepting bituminous (Orangeburg), may only be used in connection with new buildings if they are found, upon examination and testing by the city inspector, to conform to all applicable requirements of the city. In no case shall old bituminous (Orangeburg) building sewers be used in connection with new buildings.

• D. Sewer Too Low. In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the city inspector and discharged to the public sewer at the expense of the owner.

• (Ord. 16-318, 2016)

§ 9-2A1-4. Maintenance of side sewer.

Side sewers, including the horizontal piping beginning at the foundation wall of any building and terminating in the main sewer (whether within public right-of-way or not) shall be maintained by the owner of the property served thereby.

(Ord. 16-318, 2016)

§ 9-2A1-5. Sewer backflow prevention device.

In any structure in which the sewer waste outlets and/or drains are lower than the top elevation of the nearest downstream sewer manhole in the street (or easement), a backflow prevention device,

such as a check valve, shall be installed on the house sewer. (Ord. 16-318, 2016)

Article B. Public Sewer Construction

No person shall construct, extend or connect to any public sewer without first obtaining a written permit from the city and paying all fees and connection charges and furnishing bonds as required by this code. The provisions of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the city.

(Ord. 16-318, 2016)

The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications, complying with this code, prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications, shall be examined by the city inspector who shall approve them as filed or require them to be modified as he or she deems necessary for proper installation. When the city inspector is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, he or she shall order the issuance of a permit predicated upon the payment of all connection charges and fees, and the furnishing of an agreement in form to be approved by the city that the subdivider will construct the facilities in strict accordance with the approved plans and specifications, the faithful performance of which agreement shall be secured by a faithful performance bond in an amount and with sureties satisfactory to the city. The permit shall prescribe such terms and conditions as the city inspector deems necessary in the public interest.

(Ord. 16-318, 2016)

Only licensed contractors shall be authorized to perform the work of public sewer construction within the city. All terms and conditions of the permit issued by the city to the applicant shall be binding on the contractor. The requirements of this section shall apply to side sewers installed concurrently with public sewer construction.

(Ord. 16-318, 2016)

• A. Local Regulations. Any person constructing a sewer within a street shall comply with all applicable laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protecting of trenches, backfilling and repaving thereof and shall obtain an encroachment permit and pay all fees required prior to the issuance of an encroachment permit by the city.

• B. Subdivisions. The requirements of sections 9-2B-1 and 9-2B-7 of this article shall be fully complied with before any final subdivision map shall be approved by the city inspector. The final subdivision map shall provide for the dedication for public use of all streets, easements or rights-of-way in which public sewer lines are to be constructed. If a final subdivision map of a

tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the city council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider.

• C. Occupational Safety and Health Acts. All construction undertaken under a city permit shall be in strict compliance with State and Federal Occupational Safety and Health Acts in effect at the time.

• (Ord. 16-318, 2016)

Minimum standards for the design and construction of sewers within the city shall be in accordance with the applicable provisions of this code and with the specifications for sewer construction then in effect, copies of which are on file in the city offices. The city or the city inspector may permit modifications or may require higher standards where unusual conditions are encountered.

"As built" drawings showing the actual location of all mains, structures, Ys, Ts, laterals and cleanouts shall be filed with the city before final acceptance of the work. (Ord. 16-318, 2016)

In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the city council a proper easement or grant of right-of-way sufficient to permit the laying and maintenance of such extension or connection. In no case shall sewer easements be less than 15 feet in width. (Ord. 16-318, 2016)

Grade and line stakes shall be set by a registered civil engineer prior to the start of work on any public sewer construction. The licensed contractor shall be responsible for accurately transferring grades to grade bars and sewer invert. (Ord. 16-318, 2016)

The applicant shall maintain such barriers, lights and signs as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be encountered as a result thereof. He or she shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the city and any other person or entity having jurisdiction. (Ord. 16-318, 2016)