Tiburon Municipal Code Ch. 13C Individual and Alternative Sewage Disposal Systems

Pursuant to Government Code section 50022.9, the Marin County individual sewage disposal system ordinance set forth in title 18 of the Marin County Code, chapter 18.06, including all current amendments thereto, and the regulations for design, construction, and repair of individual sewage disposal systems issued pursuant to section 18.06.060, are adopted by reference and shall be in full force and effect within the Town of Tiburon with the following exceptions:

(a) Section 18.06.020 regarding applicability shall be amended to expand the applicability of chapter 18.06 to include all territory within the corporate limits of the Town of Tiburon.

(b) (1)

Notwithstanding provisions of section 18.06.050 to the contrary, the health officer shall not accept for filing any application requesting the installation of any individual sewage disposal system on any unimproved lot within the Town of Tiburon unless the town's zoning requirement for connection to a public sewer system has been specifically exempted by vote of the town council, and written documentation to that effect is provided with the application.

(2) If any such application is erroneously accepted for filing without demonstration of the town council's exemption, then the health officer shall not authorize or permit the installation of any individual sewage disposal system on any unimproved lot within the Town of Tiburon unless the town's requirement for connection to a public sewer system has been specifically exempted by vote of the town council.

(3) For purposes of this section, "unimproved lot" shall mean a holding of real property which is not improved with a primary building such as a dwelling unit or place of business.

(c) Section 18.06.150 (Penalty for violations) is deleted.

(Ord. No. 438 N.S., § 3 (part))

Pursuant to Government Code section 50022.9, the Marin County alternative sewage disposal system ordinance set forth in title 18 of the Marin County Code, chapter 18.07, including all current amendments thereto, and the regulations for design, construction, and repair of individual sewage disposal systems, section 800, issued pursuant to section 18.07.060, are adopted by reference and shall be in full force and effect within the Town of Tiburon with the following exceptions:

(a) Section 18.07.020 regarding applicability shall be amended to expand the applicability of chapter 18.07 to include all territory within the corporate limits of the Town of Tiburon.

(b) (1)

Notwithstanding provisions of section 18.07.050 to the contrary, the health officer shall not accept for filing any application requesting the installation of any individual sewage disposal system on any unimproved lot within the Town of Tiburon unless the town's zoning requirement for connection to a public sanitary sewer system has been specifically exempted by vote of the town council, and written documentation to that effect is provided with the application.

(2) If any such application is erroneously accepted for filing without demonstration of the town council's exemption, then the health officer shall not authorize or permit the installation of any individual sewage disposal system on any unimproved lot within the Town of Tiburon unless the town's requirement for connection to a public sanitary sewer system has been specifically exempted by vote of the town council.

(3) For purposes of this section, "unimproved lot" shall mean a holding of real property which is not improved with a primary building such as a dwelling unit or place of business.

(c) Section 18.07.180 (Penalty for Violations) is deleted.

(Ord. No. 438 N.S., § 3 (part))

Three copies of chapters 18.06 and 18.07 of the Marin County Code, and regulations issued pursuant thereto, having been adopted herein by reference, shall be kept on file for public review in the office of the Tiburon town clerk.

(Ord. No. 438 N.S., § 3 (part))

(a) Any violation of the provisions of this chapter is declared a public nuisance and shall be subject to summary abatement as provided by law.

(b) Any person violating provisions of this chapter, or violating any conditions of a permit issued under this chapter, shall be deemed guilty of an infraction and shall be subject to penalties pursuant to section 36900 of the Government Code, as amended.

(c) Each and every day that any violation of this chapter continues, is committed or is permitted shall be regarded as a new and separate offense. The remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. 438 N.S., § 3 (part))