Trinidad Municipal Code Art. VI Maintenance

All OWTS within city limits shall be required to be adequately maintained based on the type and amount of use and the design of the system as part of the conditions of an operating permit. Required maintenance shall include, at a minimum, regular inspections (Article IV of this chapter) and pumping of solids at intervals not to exceed five years. Depending on the type of system, other maintenance may include, but is not limited to, switching the distribution to the leach field and flushing of effluent filters. Following each inspection of an OWTS by the qualified service provider, the OWTS administrator will be given a copy of the inspection report form and OWTS owner/user questionnaire indicating the condition of and the recommended maintenance requirements for that particular system. [Ord. 2010-03, 2010; Ord. 2008-03 § 6:01, 2008].

The health officer and/or OWTS administrator shall determine the maximum allowable period for the maintenance and pumping requirements for each system. The basis for maintenance schedules shall be detailed in the OWTS guidelines (Appendix B) and shall consider things such as, but not limited to, the size and design of the tank, number of bedrooms, number of people living in the house, age of system, proximity to streams and other sensitive resources, amount of water use, and the results of performance inspections. When it is time for a system to be reinspected, the system’s owner will be notified by the OWTS administrator of the need to do so. Once inspected, a completed inspection form by a qualified service provider must be presented to the OWTS administrator by the homeowner or business owner. The resulting maintenance schedule as determined by the OWTS administrator and/or health officer shall supersede any existing or previous maintenance schedule that may be/have been in effect. [Ord. 2010-03, 2010; Ord. 2008-03 § 6:02, 2008].

The OWTS administrator, with due cause and upon written notification to the landowner, may change the inspection and/or maintenance requirements and schedule of an OWTS, where such a change is deemed necessary for the proper functioning of the OWTS. This may occur due to circumstances such as changes in household occupancy, seasonal use, rental status, water consumption, system functioning, site characteristics or other significant elements of the inspection report.

Likewise, the OWTS owner/user may petition the OWTS administrator to alter the inspection and/or maintenance schedule. The owner must demonstrate, through the use of appropriate site data and household information, that such a change in the requirements would still ensure the proper operation of the OWTS and fulfill the intent of this chapter. Information to be used by an OWTS owner/user in the petition may include OWTS inspection records, technological modifications and site data such as soils, water table, household information, seasonal use, water use, etc. [Ord. 2010-03, 2010; Ord. 2008-03 § 6:03, 2008].

Article VII. Nonstandard Systems – Special Circumstances – Modifications or Repairs Required

Upon transfer or sale of property within the city of Trinidad, the OWTS for that property shall be assessed at the time of operating permit transfer by the city for its compliance with current standards of the Trinidad sewage disposal regulations and this chapter. If the OWTS is determined to be a nonconforming system, or if it was determined to be functioning at a less than satisfactory level at the time of the most recent inspection, then upgrades to current standards may be required prior to a full operating permit being issued for the new owner in accordance with TMC 13.12.450. Exceptions may be made by the OWTS administrator or health officer for special circumstances such as if the lot is too small to accommodate a conventional system.

Pursuant to California Civil Code Section 1102.6(a) the city of Trinidad hereby requires that this chapter be disclosed to prospective buyers of any real property within the city limits of the city of Trinidad in a form approved by the state of California. Local realtors and real estate agents shall be notified of these provisions through the Humboldt County association of realtors and informational packets sent to realtors and agents in the area. The city may monitor homes for sale within city limits to ensure the appropriate information is disseminated. [Ord. 2010-03, 2010; Ord. 2008-03 § 7:01, 2008].

Whenever any person submits an application to the city for a coastal development permit or a building permit for the purpose of making any alterations to, or enlargement of, any structure which meets the definition of “development” as set forth in Appendix A, said applicant must demonstrate that the existing OWTS meets the requirements set forth in the Trinidad OWTS program. Determination of whether or not an OWTS substantially complies with this code is within the joint discretion of the OWTS administrator and the health officer, with the health officer having final say in case of a disagreement. [Ord. 2010-03, 2010; Ord. 2008-03 § 7:02, 2008].

A. Operating Permits for Nonstandard Systems. Nonstandard systems include alternative systems, nonconforming systems, haulaway systems and failed systems. The health officer or OWTS administrator may approve the use of nonstandard system designs which are not in conformance with the standard system requirements specified in this chapter and/or the Trinidad sewage disposal regulations, provided measures are taken to maintain the proper function of such systems as specified in subsection (E) of this section. B. Failing Systems. The health officer may allow the continued use of an existing system which has been determined to be failing, if, due to extreme circumstances, that system cannot be upgraded to meet the standards specified in this chapter or the Trinidad sewage disposal regulations, and the owner/agent takes measures which will ensure the minimum proper function of such system as specified in subsection (E) of this section and Article VIII of this chapter. C. Nonconforming Systems. Those systems which were legally established but which do not conform to current standards shall be regulated as nonstandard systems, except those systems with only minor nonconformance that does not affect the functioning of the system, such as not meeting setbacks.

D. Alternative Systems. All existing alternative systems, or those serving new or expanded development as provided for in the Trinidad sewage disposal regulations, shall be considered nonstandard systems and shall be required to meet the nonstandard system requirements specified in subsection (E) of this section.

E. Requirements. Use of a nonstandard system shall be subject to the following requirements:

1. The OWTS administrator shall record a notice of nonstandard system on the property deed as specified in TMC 13.12.430. 2. The property owner shall maintain the system, monitor system performance, utilize required water conservation measures, comply with any special requirements established as a condition for approval of the operating permit for the use of that specific system and/or specified in the notice of nonstandard system, and if necessary, take measures deemed necessary by the health officer to protect public health and safety and the environment. 3. Nonstandard systems shall be required to have a valid maintenance contract with a qualified service provider to ensure that the above conditions are satisfied. Operating permits for nonstandard systems shall not be issued for more than two years, unless the health officer and/or OWTS administrator determines that an alternative schedule is warranted. 4. If an inspection or other information reveals that the system is functioning at a less than satisfactory level and/or is not in compliance with requirements specified in the operating permit, the property owner may be subject to a violation fee and will be required to upgrade the system and/or modify operation as necessary to ensure proper function and operation. 5. Properties served by nonstandard systems may be charged higher operating permit fees, as established by resolution of the city council, to offset the additional costs of reviewing inspection reports. The OWTS administrator may waive the extra charge for systems which meet all standards except adequate expansion area and which continue to perform adequately. 6. The health officer and/or OWTS administrator shall establish policies and procedures for use of nonstandard systems in addition to these numerated herein. F. Owner Acceptance of Requirements. Before the OWTS administrator approves a permit for the use of a nonstandard system, the owner of the property must enter into an agreement with the city of Trinidad acknowledging and accepting the requirements for use of a nonstandard system as described above. [Ord. 2010-03, 2010; Ord. 2008-03 § 7:03, 2008].

A. Requirement. A notice of nonstandard system shall be recorded by the OWTS administrator with the county recorder’s office on the deed of any property served by an approved nonstandard system as described in TMC 13.12.420. The notice of nonstandard system will include all the information as specified in the guidelines.

B. Expungement. If the system is eventually modified under approved permit(s) to meet the requirements for a standard system, the OWTS administrator shall, upon payment by the property owner of fees for expungement, record a notice of expungement for the notice of nonstandard system with the county recorder. [Ord. 2010-03, 2010; Ord. 2008-03 § 7:04, 2008].

13.12.440 Accessory dwelling units.

A. Illegal Accessory Dwelling Units. When an inspection, or other information, reveals that an OWTS has been connected to an illegal accessory dwelling unit and is accepting wastewater from that unit, the building official or OWTS administrator may order the immediate discontinuance and disconnection of the illegal accessory dwelling unit and/or require the property owner to submit an application to the city for an accessory dwelling unit. If such application is not submitted within 30 days of written notice, the OWTS administrator and/or building official shall commence nuisance abatement procedures according to city ordinances.

B. Nonconforming Accessory Dwelling Units. Nonconforming accessory dwelling units shall be assessed for their conformance with both city land use regulations as well as the requirements of this chapter. An OWTS serving nonconforming accessory dwelling units shall be considered a nonstandard system, subject to the requirements of TMC 13.12.420. These systems shall be subject to increased monitoring and maintenance requirements according to the OWTS management program guidelines. In order to ensure these systems are not being overused, limitations on the amount of wastewater entering the system may be enacted; the amount of water use per month should be used to track the amount of wastewater and monitoring wells may be installed. In addition, modifications may be required such as installation of water saving plumbing devices, removal of garbage disposals or other means to protect the integrity of the OWTS. [Ord. 2010-03, 2010; Ord. 2008-03 § 7:05, 2008].

Modifications and repairs of nonconforming and failing systems shall be required in the following situations:

A. In the case of a failing or inadequately functioning system, when public health and environmental safety is threatened (Guidelines Section 7.06 and TMC 13.12.490);

B. When property ownership or business occupation is transferred (Guidelines Section 7.01);

C. When building or site alterations are made under a coastal development or building permit (Guidelines Section 7.02);

D. Other situations where the health officer and/or OWTS administrator deems it necessary to protect public health and the environment (Guidelines Section 7.06).

Guidelines for determination of when an OWTS needs to be repaired or modified shall be detailed in the OWTS management program guidelines (Appendix B), herein incorporated by reference. Determinations shall be made by the health officer and/or OWTS administrator as appropriate and are appealable according to TMC 13.12.550. [Ord. 2010-03, 2010; Ord. 2008-03 § 7:06, 2008].

Article VIII. Enforcement

A poorly functioning or failed OWTS, as defined in Appendix A attached to the ordinance codified in this chapter, is hereby declared a public nuisance and subject to Trinidad’s nuisance abatement ordinance (Chapter 8.12 TMC). In addition, an OWTS being operated or used without the proper operating permit or in conflict with the conditions or limitations of the operating permit, or being constructed, altered or repaired without the appropriate sewage disposal permit is hereby declared a public nuisance. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:01, 2008].

In addition to the investigative powers provided in the city’s nuisance abatement ordinance, the following shall apply for OWTS related nuisances. The health officer and/or building inspector may, upon reasonable cause to believe that a violation of any provision of this chapter or a threat to the public health or environment may exist, investigate to determine whether such a violation or threat does in fact exist. Representatives of the city or health officer, after providing at least a seven-day notice and upon exhibiting proper credentials and identification, shall be permitted to enter private property during normal business hours to inspect, investigate and take samples related to the performance of the OWTS as required by the provisions of this chapter. If the inspection requires the entry into a building or an area that is designed for privacy, then prior permission shall be obtained from the owner or occupant. If necessary under the circumstances, an inspection warrant may be obtained pursuant to Code of Civil Procedure Title 13 of Part 3 to obtain right of entry for such purposes. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:02, 2008].

In the event of a violation of the provisions of this chapter, the conditions of any permit issued under this chapter, or any requirements specified in a notice of nonstandard system, the health officer, OWTS administrator or other city official may commence nuisance abatement proceedings according to the city’s nuisance abatement ordinance (Chapter 8.12 TMC) and/or state law in addition to remedies provided for within this chapter. If the violation constitutes an immediate threat to human safety or environmental welfare, then summary abatement may be utilized. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:03, 2008].

If an inspection and/or pumping record or other information reveals a poorly functioning or failing OWTS, the health officer, OWTS administrator and/or building inspector shall immediately commence nuisance abatement procedures. Failed systems constitute an immediate threat to public health and safety, and summary abatement may be appropriate. In addition to the procedures provided in the city’s nuisance abatement ordinance, abatement of failing systems shall include short-term mitigation and permanent corrective measures. At a minimum, short-term mitigation shall include immediate pumping as outlined in TMC 13.12.510, reduction of effluent flows (TMC 13.12.500) and the posting of any areas subject to the surfacing of inadequately treated sewage effluent. Permits for repairs of failing systems may be expedited by the health officer or OWTS administrator by waiving some of the permit requirements or making some retroactive. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:04, 2008].

Whenever any parcel or building regulated by this code is being used contrary to the provisions of this code or discharge of waste emanates therefrom in violation of this code, the health officer and/or OWTS administrator may order such use or discharge discontinued or reduced, and/or the parcel or building or portion thereof vacated by serving a written notice on the property or any person causing such use to be continued. The health officer shall notify the property owner/permittee to suspend immediately use of the sewage disposal system, and those uses of the real property which are likely to result in the generation of sewage. Such person shall discontinue the use and/or vacate the parcel or building or portion thereof within the time prescribed within the notice. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:05, 2008].

If an inspection or other information reveals that an OWTS needs immediate pumping, the health officer and/or OWTS administrator shall attempt to notify the property owner or occupant immediately in person or by phone, and shall send the owner, or owner’s agent, a written notice to have the tank immediately pumped. The owner, or owner’s agent, five days from the date of first notification to pump the system and to present evidence of such pumping to the health officer in the form of a receipt from a qualified service provider. If proof of system pumping required under this section is not received by the city within a timely manner the health officer or OWTS administrator will contract with a private hauler to pump the OWTS and the owner will be billed by the city according to the summary abatement procedures of the city’s nuisance abatement ordinance (TMC 8.12.060). The bill will include the actual cost of pumping as well as associated administrative costs. The owner will be notified in writing of the intended date and time of such pumping. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:06, 2008].

Whenever any maintenance, repair, replacement, or any construction work is being done contrary to the provisions of this code or other pertinent laws or ordinances implemented through the enforcement of this code, the health officer, OWTS administrator and/or building inspector may order the work stopped by notice in writing, posted on the property or served on any such person engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the health officer and/or OWTS administrator to proceed with the work. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:07, 2008].

A. Any OWTS construction/repair permit may be revoked or suspended by the health officer and/or OWTS administrator if it is determined that a violation of this chapter or the Trinidad sewage disposal regulations exists or that the permit was obtained by fraud, misrepresentation or material omission. Prior to revoking or suspending the permit, the health officer and/or OWTS administrator must cause written notice to be given, according to TMC 8.12.080, to the permittee and to the occupant of the property. The notice shall specify the violation(s) and the work to be done to correct the violation(s) and shall allow 30 days to complete the work. The notice shall also inform the permittee that he/she has the right to an informal hearing before the health officer and/or OWTS administrator.

B. The notice of revocation or suspension shall inform the permittee of his right to a hearing before the city council if the permittee files an appeal with the city council pursuant to TMC 13.12.550.

C. The suspension or revocation of any permit shall not be effective until 10 days after notice thereof in writing is mailed to the permittee. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:08, 2008].

When it has been determined that an OWTS for which an operating permit has been issued is being operated in violation of this code or conditions of the operating permit, operating in a manner not consistent with its design (such as frequently exceeding the design average or maximum daily flow rate), or is discharging wastewater in a manner which is, or may result in, the contamination of surface water, ground water, or the contiguous seashores of the city, or which contains components that do not conform to this code, or to which access for inspection has been denied, the operating permit may be revoked upon written notice to the owner. If the owner, upon receipt of said notice revoking the operating permit, does not appeal as provided in TMC 13.12.550, or upon appeal the city council determines that the revocation shall be upheld, enforcement actions, including nuisance abatement, shall be immediately commenced. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:09, 2008].

A. Any person affected by an approval, denial, suspension, or revocation of a construction/repair or operating permit (other than a stop work or failure determination, etc., as provided in TMC 13.12.500 through 13.12.520) by the health officer and/or OWTS administrator may appeal to the city council by filing a notice of appeal with the clerk of the city within 10 working days of the action of the health officer and/or OWTS administrator. The notice of appeal shall be accompanied by a filing fee set by resolution of the city council of the city in an amount sufficient to cover costs. The appeal shall stay the effect of the action of the health officer and/or OWTS administrator.

B. The appeal shall be in writing and addressed to the city council. The applicant shall file the appeal with the city clerk and shall provide additional copies of the appeal for the health officer and/or OWTS administrator on the day of filing with the clerk of the city. The city clerk shall forward copies of the appeal to the city council, health officer and/or OWTS administrator. In the notice of appeal the appellant shall state in full the facts and circumstances which make the action of the health officer and/or OWTS administrator unreasonable. It shall also state the date of the claimed unreasonable action of the health officer and/or OWTS administrator.

C. The city council shall cause the matter to be set for hearing not earlier than 20 days after the appeal has been filed with the clerk of the city. The clerk of the city shall cause notice to be mailed to all affected persons (within 300 feet of the property boundaries) at least 10 days prior to the hearing.

D. 1. At the time and place set for the hearing, the city council shall proceed to hear the testimony of the health officer and/or OWTS administrator, the testimony of the owner or his representatives, and the testimony of other competent persons concerning conditions upon which the action of the health officer and/or OWTS administrator is based and other matters which the city council may deem pertinent. Any person affected may be present at such hearing, may be represented by council, may present testimony, and other witnesses. The hearing may be continued from time to time.

2. The health officer and/or OWTS administrator may be represented by counsel. At the request of the health officer and/or OWTS administrator, the city attorney shall represent the health officer and/or OWTS administrator.

E. The city council may upon the appeal either affirm the action of the health officer and/or OWTS administrator or modify the health officer’s/OWTS administrator’s action in whole or in part. The decision of the city council upon an appeal shall be based upon the facts presented to it. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:10, 2008].

If any provision of this chapter or any rule or determination made hereunder or application hereof to any person, agency or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and its application to any person, agency or circumstance shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of this chapter. [Ord. 2010-03, 2010; Ord. 2008-03 § 8:11, 2008].