Whittier Municipal Code Ch. 13.34 Lateral Inspection and Repair

The purposes of this chapter are (a) to provide for operation and maintenance of the city's sewer system in a reliable and serviceable condition, (b) to eliminate or minimize sewage overflows by eliminating or minimizing stoppages and reducing sources of infiltration and inflow into the city's sewer system, (c) to comply with applicable legal requirements pertaining to the city's sewer system and (d) to protect the public health and safety by establishing and providing a mechanism for enforcing performance standards for private sewer laterals that connect or are connected to a public sewer main.

(Ord. No. 3059, § 3, 12-13-16)

A. It shall be unlawful for any property owner to maintain a private sewer lateral in a defective condition. As used in this chapter, "defective condition" includes a condition that allows infiltration and inflow of extraneous water or exfiltration of sewage and/or that materially increases the possibility of a blockage or overflow, and that as determined by the city engineer is caused by, but not limited to, one or more of the following conditions: (a) displaced joints; (b) substantial root intrusion; (c) substantial deterioration; (d) damaged or missing clean-out(s); (e) damaged or missing backwater prevention device(s); (f) un-permitted construction or materials; and/or (g) lack of a manufactured connection to the city's sewer system.

B. Any property containing a private sewer lateral that is in violation of this chapter is hereby declared to be unlawful and a public nuisance. Such nuisance conditions include, but are not limited to, any sewer lateral in a defective condition, any sewer lateral which contain leaks or breaks; any sewer lateral to which a backwater prevention device is not properly attached or properly functioning; any uncapped or improperly capped sewer clean-outs; property with sump pumps, downspouts or yard drains which discharge into the city's public sewer; and all other sources of accidental, negligent or intended introduction of storm water run-off into the city's public sewer.

C. A violation of any of the provisions of this chapter is hereby declared to be a public nuisance and may be abated as such by the city. This chapter may be enforced by civil action and/or administrative citation pursuant to chapter 1.09 of this code.

(Ord. No. 3059, § 3, 12-13-16)

A. Conditions Requiring Inspection of Existing Private Sewer Lateral. All existing private sewer laterals, including but not limited to those serving residential, multiple residential, commercial and industrial properties, connected to the city's public sewer shall be inspected at the property owner's sole expense when any of the following events occur:

1. The occurrence of two or more PLSDs within a two-year period;

2. A change of the use of the structure served to a use that will result in a fifty percent higher flow than the current use;

3. Repair or replacement of any portion of the private sewer lateral;

4. Replacement of or addition of a bathroom;

5. Determination by the city engineer and/or building official that the cleaning, testing, repair or replacement is required for the protection of the public health, safety and welfare;

6. Issuance of a building permit with a valuation of one hundred thousand dollars or more; and/or a fifty percent or more increase in the number of bedrooms over the prior total number of bedrooms;

7. Significant repair or replacement of the main sewer line to which the lateral is attached as determined by the city engineer and/or building official; or

8. Prior to the close of escrow upon a sale or other transfer of the house, building, property or other structure served or, if there is no escrow, prior to recording a deed or other document transferring title to the house, building, property or other structure served, if no inspection or permitted repair occurred within twenty years preceding the transfer. A transfer of ownership between family members does not require testing if reassessment of property value is not required by the Los Angeles County Tax Assessor.

B. Inspection and Testing Procedures for Existing Sewer Laterals.

1. All existing sewer laterals shall be inspected by video inspection method in accordance with city regulations for the implementation of this chapter. Recordings of inspection shall be performed and maintained pursuant to city regulations.

2. Prior to testing, the sewer lateral shall be thoroughly cleaned.

3. All video inspection recordings shall be promptly submitted to the public works department for review and determination of action.

4. The video inspection shall be conducted by a person and/or firm qualified to do such work and meeting the approval of the city engineer.

5. A video inspection recording shall be valid for a period of six months from the date of the inspection. If a property owner fails to obtain a written approval from the city engineer/building official within six months after obtaining a video inspection, the city may, in its discretion, require the property owner to obtain another video inspection before issuing a certificate of compliance.

C. Mitigation of Failed Test or Inspection.

1. When the city engineer and/or building official determines, in his/her discretion, that a sewer lateral is in a defective condition, the property owner shall obtain any necessary permits required under this code and shall cause all repairs necessary to bring the building sewer lateral into compliance with the provisions of Article 13 within ninety days. All costs of repair or replacement of the building sewer lateral shall be borne by the property owner.

2. Upon completion of repairs to or replacement of the sewer lateral, a video inspection pursuant to this chapter shall be conducted to verify that the repairs or replacement have been properly completed.

3. Any required repairs or replacement of a sewer lateral that result from the testing required as a result of the sale or transfer of property in a non-probate transaction shall be completed prior to the close of escrow of the sale or, if there is no escrow, prior to recording the deed or other document transferring title. For properties sold or transferred in a probate or other testamentary proceeding, pursuant to the terms of a revocable living trust or similar instrument, or pursuant to the termination of a joint tenancy or similar proceeding, any repair or replacement of a sewer lateral shall be completed within one hundred eighty days after the probate sale or other transfer.

(Ord. No. 3059, § 3, 12-13-16; Ord. No. 3112, § 2, 2-25-20)

The city engineer or designee shall review the final submitted video inspection for compliance with this chapter. When all conditions are met to the satisfaction of the city engineer or building official, the sewer lateral shall be approved as complying with the provisions of this chapter. The city shall thereupon issue written approval to the property owner, noting that the sewer lateral serving the property is properly equipped, structurally sound and meets the requirements of the city. The written approval shall not imply a warranty or guarantee of any kind. Once written approval is issued, the sewer lateral for which the written approval is issued shall not require testing for a period of twenty years from the date of issuance of the written approval unless one of the events stated in Section 13.34.030(A)(1) through (7) occurs, or the city engineer otherwise has reason to believe the private sewer lateral is in a defective condition.

(Ord. No. 3059, § 3, 12-13-16)

As a condition of receipt of city sewer services and use of the public sewer, the city engineer may enter, inspect, collect wastewater samples, and/or test any buildings, structures, or premises to secure compliance or prevent a violation of this chapter. Unless there is an emergency threatening the public health, safety or welfare, the city engineer shall provide at least ten business days' notice to the property owner of intent to enter upon property. The city engineer may also request that a property owner provide all written records of building sewer lateral inspection, maintenance, repair and replacement at the time of inspection or within ten or more business days after receipt of the request. Any inspection of property hereunder shall be limited to those portions of the property necessary to ensure compliance with this chapter.

(Ord. No. 3059, § 3, 12-13-16)

The city may establish rules, regulations, guidelines and/or policies for implementing and enforcing this chapter

(Ord. No. 3059, § 3, 12-13-16)

The council may by resolution establish reasonable fees for the administration of this chapter.

(Ord. No. 3059, § 3, 12-13-16)