Willits Municipal Code Ch. 13.17 Sewer Lateral Inspection Program

A. Purpose. The purpose of this chapter is to codify requirements for the inspection, testing, repair and replacement of side sewers within the city. It is the policy of the city to reasonably prevent infiltration, exfiltration, and better protect the environment by requiring a reasonable program of inspection, testing, and if necessary, the repair and replacement of private side sewers. It is also the policy of the city to require sewer backflow prevention valves and sewer cleanouts as required by Code and for backflow inspection.

B. Policy. Within ninety days of the adoption of the Ordinance enacting this chapter. The city manager or designee shall prepare and promulgate public administrative guidelines which shall, among other things, establish the following

1. A certification program for licensed plumbers. Contractors and other qualified inspectors will be placed on the pre-authorized list and the basis for obtaining and maintaining such a certification or decertification;

2. Standard inspection report forms and guidelines for completing and using side sewer inspection reports;

3. A standard notice to repair and enforcement procedures for repair and replacement;

4. A standard for documentation of a property by a certificate of side sewer compliance.

C. The City Manager's Jurisdiction. The city manager or designee shall administer these requirements and has the authority to alter or waive the requirements prescribed in this article if such requirements are impractical because of the nature of physical location of the side sewer. Owners of side sewers shall have the right to seek relief from the application of this ordinance first from the city manager or designee, and ultimately, the city council.

D. Each property connected to the city's sewer system shall maintain upon the property a functioning sewer backflow prevention valve and a functioning sewer cleanout.

(Ord. No. 18-01, 2-28-18)

A. Application or Chapter. This chapter shall apply to property located in the city and to property which is located outside the boundaries of the city but which is served by the city's sewer mains.

B. Any side sewer which has been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable procedures of this chapter. No person constructing repairing or replacing a side sewer shall use such lateral to introduce sewage to the city's sewer main until such time as such person has complied with this chapter, as appropriate.

C. When Certificate Required. All side sewers connected to the city sewer system, including side sewers servicing residential, multi-family residential, commercial or industrial uses, shall be cleaned and rested in accordance with this chapter, upon the occurrence of any of the following, unless a valid certificate of side sewer compliance is on file with the city, or the city manager or designee has waived compliance as provided herein:

1. Upon the occurrence of a sanitary sewer overflow from the private side sewer;

2. Upon the discovery of either an illegal connection or as described herein or an illegal discharge as described herein to the city sewer system;

3. Side sewer must be in compliance at the time of major structural alterations, additions, or repairs are performed with reference to WMC Section 12.16.100.

4. Upon a change: of use of the property served from a residential to a commercial use that will be open to the public, or from a commercial use to a restaurant,

5. In conjunction with the replacement or rehabilitation of the city sewer main to which the side sewer is connected;

6. Upon the occurrence of a qualifying side sewer service call;

7. Upon a change of ownership of the property as defined by California Revenue and Taxation Code § 62, except that transfer exempt from reassessment shall not be deemed to be a "change of ownership".

8. Upon the discovery faulty sewer lateral condition by sewer operators.

D. Sewer Cleanouts. Upon the occurrence of any of the events set forth in subparagraph C above the city manager or designee shall cause the subject property to be inspected to determine if the property has a sewer cleanout in proximity to the property line as required by Section 13.8.90 of this ordinance. The city manager or designee not thereafter issue a certificate of side sewer and property compliance, until such time as the city manager or designee is satisfied that the property has a compliant sewer clean-out.

E. Backflow Inspection. Upon the occurrence of any of the events set forth in subparagraph C above the city manager or designee shall cause the subject property to determine if the property has a sewer backflow prevention valve as required, and further to inspect the backflow device as to its operability. The city manager or designee not thereafter issue a certificate of side sewer and property compliance until such time as the city manager or designee is satisfied that the property has a functioning and compliance backflow device.

(Ord. No. 18-01, 2-28-18)

The side sewer shall be inspected and tested, using the following methods as allowed by and in accordance with standard adopted by the city manager or designee:

A. T.V. inspection;

B. Exfiltration testing;

C. Other similar inspection or testing methods as approved by the city manager or designee.

(Ord. No. 18-01, 2-28-18)

A. Testing procedure:

1. Testing shall be completed within the time period specified in the fourth column of the five column chart entitled Time Frames to Complete Work at the end of this chapter.

2. Testing shall be performed by a licensed plumber, contractor, or other person who possesses any license required by law, if any, to perform the test and who is determined by the city manager or designee to be qualified to perform the test based on training and experience.

3. Testing shall not commence without a witness by the city manager or designee.

4. Access to the sewer lines to be tested and conditions necessary to conduct the test shall be made ready by owner prior to scheduling a side sewer test.

B. Repair. It shall be the responsibility of the property owner to repair any side sewer which has been found through testing or inspection to exhibit conditions which will permit infiltration to enter the sewer system and, if necessary, to replace any side sewer to prevent such infiltration. Upon completion of the repair or replacement of the side sewer, reinspection shall be conducted until the side sewer passes the required test.

C. Retest. The property owner must complete the repair or replacement of a side sewer and the side sewer must pass a retest within the lime specified in the fifth column of the table set forth in the chart entitled Time Frames to Complete Work at the end of this chapter. This deadline may be extended by the city manager or designee for good cause, not to exceed ninety days. If repair is not completed within the required time period, the city may complete the required repairs and add a surcharge onto the property's utility account.

D. Certificate of Side Sewer and Properly Compliance. Once the side sewer has successfully passed the testing procedure, the city manager or designee shall execute a certificate of side sewer and property compliance ("Certificate of Compliance") which shall be filed with the city manager or designee, and be recorded to the extent authorized by law, and the Mendocino County Recorder.

E. Notice to Repair. The city manager or designee for good cause may from time-to-time issue a notice to repair to the owner of any property whereupon the property owner would be required to obtain a certificate of compliance within the time specified in the five column table set forth in the chart entitled Time Frames to Complete Work at the end of this chapter. This deadline may be extended by the city manager or designee for good cause, not to exceed ninety days. If the repair is not completed within the required time period, the city may complete the required repairs. The city would charge time and materials for the work, which would be added to the properties utility account.

F. Owner will not be issued a certificate of compliance until repair is made and account has an added surcharge.

(Ord. No. 18-01, 2-28-18)

A. Testing Procedure. Testing may be performed in accordance with the requirements of the sections above or if authorized by the resolution of the city council, testing may be performed by the city in connection with any rehabilitation or replacement work. Upon completion of the resting the city manager or designee shall issue either a certificate of compliance or a notice of repair.

B. Failure or Test and Requirement for Repair. It shall be the responsibility of the property owner to repair and or replace any side sewer which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system and further to install or repair any deficient sewer cleanout and to test any required backflow device. The inspection shall be continued until such time as the properly qualifies for issuance of a certificate of compliance.

C. Repair or Replacement Work. All repair or replacement work shall be completed by a person properly licensed to perform the work, including the licensed plumbers and/or contractors and shall be completed under any appropriate permits from the city as appropriate, including building and encroachment permits.

D. Time for Repairs. All repairs must be completed within the time specified in the fifth column of the table set forth in the chart entitled Time Frames to Complete Work at the end of this chapter unless for good cause shown an extension is granted by the city manager or designee, not exceed ninety days.

E. Failure to Repair. If repair is not completed within the required time period, the city may complete or cause to be completed the required repairs and may add a surcharge onto the property's utility account until the costs are recovered in not more than three years, or any other remedies authorized under this ordinance including but not limited to termination of service.

F. Alternative Procedure. The city council may by resolution prescribe alternative procedures, by which the repair or replacement work shall be performed, including but not limited to, the degree to which the city shall offer to perform all or a portion of the work or contribute toward the cost of the work, using loans or grants.

(Ord. No. 18-01, 2-28-18)

A property owner may apply to the city manager or designee for a certificate of compliance without inspection under the following circumstances:

A. The property owner provides evidence satisfactory to the city manager or designee that the building on the property is ten years old or less and contains a compliant sewer cleanout and a compliant sewer backflow prevention valve; or

B. The property owner provides evidence satisfactory to the city manager or designee that the side sewer was repaired or replaced and passed inspection within the previous ten years and contains a compliant sewer cleanout and a compliant sewer backflow prevention valve; or

C. The property owner provides evidence satisfactory to the city manager or designee that the lateral has passed an inspection within the past five years.

In such cases, the city manager or designee shall execute a certificate of compliance.

(Ord. No. 18-01, 2-28-18)

The city council may establish fees pursuant to its annual for resolution for administration of this chapter.

(Ord. No. 18-01, 2-28-18)