Yreka Municipal Code Ch. 12.16 Sewer Connections Generally

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4. For statutory provisions pertaining to the regulation of the construction and location of drains and sewers, see Gov. C.A. §38660. As to the authority of a city to construct, establish and maintain drains and sewers, see Gov. C.A. §38900. For statutory provisions authorizing mandatory sewer connections and declaring other means of sewage disposal to be a nuisance, see Gove. C.A. §54352. For statutory provisions authorizing cities to prescribe, revise and collect charges, see Gov. C.A. §§54344—54348 and 54354—54356. For statutory provisions relating to the issuance of sewer revenue bonds, see Health $ S. C.A. § 4950 et seq.

It is unlawful for any person to interfere or connect with or in any way or manner disturb any of the sewers belonging to the city, except under the direct supervision of the director of public works or his deputy or those employed under him, who are excepted from the provisions of this chapter.

(Ord. 55 §1, 1906).

Any person convicted of the violation of any of the provisions of Section 12.16.010, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. 440 §1(part), 1970; Ord. 55 §2, 1906).

Any person, firm or corporation who may desire to connect a branch sewer to any of the public sewers belonging to the city, must obtain the permission of the director of public works, who must either have one of his employees to do the work or actually superintend the same himself or by deputy.

(Ord. 55 §3, 1906).

(a) Short Title. This section shall be known as the "private lateral and sewer inspection and repair ordinance" and may be cited accordingly.

(b) Purpose. This private lateral and sewer inspection and repair ordinance establishes regulations for the inspection, testing, repair, replacement, and ongoing maintenance of private sewer laterals and private sewers. The purpose of this section is to provide for the operation and maintenance of wastewater conveyance and treatment facilities in a reliable and serviceable manner and to reduce infiltration and inflow into the public sewer system.

(c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) City. The city of Yreka, California.

(2) Cleanout. A pipe fitting and associated piping connected to a private sewer lateral that provides access to the private sewer lateral for purposes of flushing, rodding, cleaning, and other maintenance and diagnostic purposes.

(3) Common Interest Development. A development managed or governed by a homeowners' association. Examples of common interest developments may include condominium projects, planned unit developments, community apartment projects (in which the individual units are owned), and stock cooperatives.

(4) Compliance Certificate. Certificates issued by the city upon its determination that all private sewer laterals associated with a parcel have demonstrated compliance with applicable standards by passing a verification test.

(5) Director. The director of public works of the city of Yreka, or his or her designated representative.

(6) FOG. Fats, oils and grease.

(7) Homeowners' Association. A nonprofit corporation or unincorporated association created for the purpose of managing or governing a common interest development and that operates in accordance with governing documents, whether or not the corporation or association is formally designated or commonly referred to as a homeowners' association.

(8) Local Ordinance Requirements. All standards or requirements duly adopted by the city that relate to the maintenance or condition of private sewer laterals and private sewers.

(9) Non-Sanitary Sewer Connection. Anything that directly or indirectly conveys stormwater, surface water, roof runoff, intercepted groundwater or subsurface drainage into the sanitary sewer, including, but not limited to, down spouts, yard drains, sump pumps, or other sources of stormwater, run-off or groundwater.

(10) Ordinance. This private sewer lateral ordinance.

(11) Parcel Group. Two or more contiguous or directly adjacent parcels of real property under common ownership.

(12) Permitting Authority. A city, city department, county or special, Indian tribe including a satellite but excluding the city, that regulates buildings, construction, land use, and/or sewers within any portion of the city's wastewater service area.

(13) Private Sewer. A private sewer is defined as a sewer, other than a private sewer lateral, that serves a satellite or one or more houses or buildings on private property and is not located in a right-of-way or easement in which the city has been granted right of entry.

(14) Private Sewer Lateral. A pipe or pipes and appurtenances that carry wastewater, sewage and/or liquid waste from the structure(s) served, whether the structure(s) is or are publicly or privately owned, to the sewer main. The private sewer lateral and private sewers. A private sewer lateral is associated with a parcel if it, or any portion of it, is located upon the parcel or conveys sewage and liquid waste from any structure located on that parcel. More than one private sewer lateral may be associated with an individual parcel.

(15) Property Owner. A person that owns a parcel of real property, or that person's authorized representative including a tenant or contractor. As used in this paragraph, "person" means an individual, trust, corporation, nonprofit organization, homeowners' association, partnership, Indian tribe, firm, joint venture, limited liability company, or association. The city of Yreka is not a property owner for purposes of this section. Any person expressly required by applicable local ordinance requirements to obtain a compliance certificate from the city or pursuant to this section is a property owner for purposes of this section.

(16) PSL. Has the same meaning as "private sewer lateral" and is used interchangeably with that term.

(17) Repair. Construction activities performed to bring a private sewer lateral or private sewer into compliance with this section and/or applicable local ordinance requirements consisting of the correction of less than the entire private sewer lateral or private sewer.

(18) Replacement. Construction activities performed to bring a private sewer lateral into compliance with this section and/or applicable local ordinance requirements consisting of the replacement or lining of the complete length of the private sewer lateral or private sewer. "Replaced" has the same meaning as "replacement" where used in this section.

(19) Sanitary Sewer. Sewer pipes that convey wastewater from a structure and to which stormwater, groundwater or surface water is not intentionally admitted. The sanitary sewer includes sewer mains, private sewer laterals and private sewers.

(20) Satellite. A city, special district or Indian tribe that owns and operates a sanitary sewer collection system to which a private sewer lateral is connected within the city's wastewater service area. Satellites include the Karuk Indian Tribe.

(21) Section. A section of this section unless otherwise specified.

(22) Sewer Main. A publicly owned sanitary sewer that receives flows from private sewer laterals and private sewers. The sewer main does not include any portion of a private sewer lateral or private sewers.

(23) State of Emergency. A state of emergency exists while there is in effect a declaration of emergency within the city's service area or any portion thereof, made by city's governing body or by any person to whom the city council has expressly delegated that authority, or by any person authorized to declare an emergency of any degree under the California Emergency Services Act (Gov. Code, § 8550 et seq.) a moratorium or other authorized act of the city or under federal law.

(24) Structure. Any building or facility that is required to be provided with public sewer service, or that is actually provided with public sewer service, or that is served by a private sewer lateral.

(25) Triggering Event. Any event described in Section 12.16.035.050 that, upon the occurrence of the event and subject to the exceptions listed in that section, imposes an obligation on a property owner to obtain a compliance certificate.

(26) Verification Test. A test witnessed by the city's authorized representative(s) to verify that all private sewer laterals or private sewers associated with the parcel comply with this section and applicable local ordinance requirements.

(d) Responsibility and standards for maintenance of private sewer laterals.

(1) The property owner at property owner's expense shall maintain all sewer laterals and private sewers, including, but not limited to, the building drain, sewer lateral to the cleanout wye connection or to the city sanitary sewer main as provided below, building cleanout, sidewalk cleanout frame and cover, backflow protection and back-flow relief equipment and the connection to a city sanitary sewer main, to ensure unobstructed flow of sewage from the property to the city sanitary sewer main. The property owner shall be responsible for clearing all obstructions immediately upon discovery or notification by the city. When clearing any obstructions or performing any maintenance, the property owner must install a temporary trap downstream of the sanitary sewer lateral to ensure any roots, debris or other items dislodged from the sewer lateral do not flush into the city's sanitary sewer system. The property owner shall notify city when roots or heavy debris has been encountered and request city's assistance and pay the applicable fee. In the alternative a property owner may obtain an encroachment permit and engage a licensed plumber to gain access through City's manhole to correct the obstruction.

The city may require property owners to remove roots from private laterals that are growing into city's sewer main. Within one hundred twenty days of receiving notification from the city, the private property owner shall remove the roots and will make all necessary repairs to prevent a reoccurrence of root intrusion that reaches the city's sewer main.

Any blockage that cannot be mitigated through implementation of reasonable measures by the property owner and/or a licensed professional sanitary sewer cleaning contractor shall be reported to the public works department immediately.

Where a property owner refuses to mitigate a condition that causes sewage to leak from the sanitary sewer lateral after discovery or notification by the city, or if action is not effective, the city has the option to hire a licensed contractor, all at the owner's expense, to mitigate the condition. If the owner does not make payment, the city may impose a property tax lien to recover all of its costs associated with repairing the leakage.

(2) All private sewer laterals and private sewers must meet the following standards:

(A) Shall be kept free from roots, grease deposits, and other solids that may impede or obstruct the flow.

(B) All joints shall be watertight and all pipes shall be sound.

(C) Shall be free of any structural defects such as fractures, cracks, breaks, openings, or missing portions.

(D) All cleanouts shall be securely sealed with a proper cap or approved overflow device at all times.

(3) There shall be no non-sanitary sewer connections to the private sewer lateral or to any plumbing that connects thereto. Property owners must maintain all private sewer laterals or private sewers associated with their parcels to the extent necessary to ensure the private sewer laterals or private sewers meet the standards of this section and comply with all other requirements of this section and all applicable local ordinance requirements. Property owners must perform any repair or replacement necessary to ensure the private sewer laterals or private sewers meet those standards and requirements.

(e) When a compliance certificate is required.

(1) All property owners must obtain a compliance certificate at the time and in the manner required by this section.

(2) Sewer Lateral Replacement/Repair. Upon replacement or repair of any part of the sewer lateral, or upon significant repair or replacement of the main sewer line connected to the lateral, where evidence exists of issues related to the connected lateral (e.g., roots from the private lateral visible in the lower lateral or main sewer line, visible offsets or damage), the property owner shall obtain a compliance certificate under Section 12.16.035.060.

(3) Reoccurrences of SSOs. Whenever the occurrence of two or more SSOs caused by the same private sewer lateral within two years.

(4) Change of use. Whenever the use of the Structure served changes from residence to business, commercial, or other non-residential, non-restaurant, non-commercial, non-industrial to restaurant, commercial or industrial use.

(f) How to Obtain a Compliance Certificate.

(1) Whenever a compliance certificate is required under this section, or at any time a property owner voluntarily requests a compliance certificate, a property owner who does not hold a valid compliance certificate shall do the following at the property owner's expense:

(A) Condition Assessment and Repair or Replacement. The property owner shall take steps to assess the condition of all private sewer laterals associated with the parcel to determine whether the PSLs comply with the standards set forth in Section 12.16.035.040, all other requirements of this section, and all applicable local ordinance requirements. If the PSLs are not in compliance, the property owner shall obtain any required permits and perform all repair or replacement work needed to bring the PSLs into compliance.

(B) Verification Testing. After the property owner determines through any combination of inspection, repair and/or replacement that the PSLs associated with the parcel are in compliance with this section and applicable local ordinance requirements, and upon payment of the required compliance certificate fee and any other applicable fees, the property owner shall perform a verification test in accordance with the city's procedures in the presence of the city's authorized representative. The city will issue a compliance certificate if its authorized representative determines that the verification test confirms that all private sewer laterals or private sewers associated with the parcel are in compliance with this section and applicable local ordinance requirements.

(2) Procedures for Verification Testing of Private Sewer Laterals. The director will maintain written procedures for verification testing. The procedures shall be made available upon request.

(3) Effect of General Waiver. A property owner who holds general waiver status may obtain a compliance certificate without performing condition assessment, repair or replacement work, or verification testing on the lower sewer lateral.

(4) Effect of Limited Waiver. If the city has issued a limited waiver for the lower sewer lateral or a portion of it, the property owner may obtain a compliance certificate without performing condition assessment, repair or replacement work or verification testing on the lower sewer lateral, except such work and testing is required for any portion of the lower sewer lateral not covered by the limited waiver.

(5) Voluntary Certification. The city shall provide a compliance certificate to any property owner or public entity who requests one and passes a verification test conducted pursuant to this section, including but not limited to a property owner or public entity who receives notice from the city or a satellite that the private sewer lateral is damaged, deteriorating, defective, or in any other way fails to comply with Section 12.16.035.040.

(g) Compliance Certificate Term Limits.

(1) Term Limit. A compliance certificate obtained as a result of Replacement of all PSLs associated with the parcel shall be valid for twenty years from the date of issuance. All other compliance certificates shall be valid for seven years from the date of issuance.

(2) Effect of General Waiver. A compliance certificate obtained by a property owner while the property owner holds general waiver status shall be valid for a specified period as follows:

A compliance certificate obtained as a result of replacement of the entire private sewer lateral shall be valid for twenty years from the date the compliance certificate is issued; and

All other compliance certificates shall be valid for seven years from the date the compliance certificate is issued.

(3) Effect of Limited Waiver. If the city has issued a limited waiver for the lower sewer lateral, or a portion of it, the compliance certificate shall be valid for the same period as the limited waiver and shall expire on the limited waiver's expiration date, provided that the compliance certificate shall in no case be valid beyond seven years from the date it is issued.

(h) Time Extension Certificates.

(1) Availability. If a compliance certificate cannot be obtained before title transfer, the transferor, transferee, or other interested party or parties may obtain a time extension certificate from the city. Time extension certificates are issued in connection with title transfer transactions only.

(2) Deposit. The time extension certificate shall be completed and submitted to the city along with a refundable two thousand dollar deposit and any nonrefundable fee that the city may require. The deposit will be refunded after a compliance certificate is issued.

(3) Validity Period. A time extension certificate expires one hundred eighty days after it is issued.

(4) Obligation of property owner or transferee. During the one hundred eighty-day validity period of a time extension certificate, the property owner or transferee must complete any necessary repair or replacement and obtain a compliance certificate. Property owners are responsible for the full cost of compliance with this section and that cost may exceed the deposit.

(5) Forfeiture of Deposit. If a compliance certificate is not obtained before a time extension certificate expires, the deposit may be forfeited and the current property owner is subject to enforcement action as provided by this section. The property owner may apply to the city for release of forfeited funds, less the city's costs. The city will not release forfeited funds unless the property owner first demonstrates full compliance with this section.

(6) No Renewal. Time extension certificates are not renewable.

(7) Transferability. The director may authorize and regulate the transferability of time extension certificates. Transfers, if authorized, shall not extend the time extension certificate's expiration date.

(i) Enforcement.

(1) When the director finds that a person violates or threatens to violate this section, the director may notify the person in writing. Within thirty days of the mailing of that notification, the notified person must submit for approval by the director a detailed time schedule of specific actions the person shall take in order to correct or prevent a violation of this section. The person shall take the actions within ninety days of the mailing date of the director's notification.

(2) The director may take enforcement action against a person who violates the provisions of this section or fails to perform any act required by this section, including but not limited to initiating court action to obtain an injunction requiring the work to be done and/or terminating service. The city may recover from any person in violation of this section the costs it incurs in connection with enforcing this section, including staff time, and may seek attorneys' fees in any court action or proceeding.

(j) Requests for Relief or Reconsideration.

(1) Requests for Relief. Any person or entity unable to comply with the requirements of this section, or any person affected by any city decision, action, or determination related to this section, may submit to the city a written request for relief setting forth in detail the facts supporting the request. The director shall designate a city officer or employee with managerial authority who will consider the matter without a hearing and decide whether to grant relief. The director's designee may request additional information. The director's designee may decide the matter within fifteen business days from the receipt of the request, or, if additional information is requested and received within fifteen business days from the receipt of the request, then fifteen business days from the date the city receives all additional requested information. If the director's designee does not decide the matter within the above-stated time period, the request for relief shall be deemed denied on the first day following that time period. Notice of any decision will be mailed to the person or entity requesting relief.

(2) Requests for Reconsideration.

(A) Within thirty days after the date of mailing of written notice of any city decision granting or denying relief under paragraph (1) of this section, or within thirty days after the date the request for relief is deemed denied, any person or entity affected by the requirements, decision, action or determination that was the subject of the request for relief may submit to the director a written request for reconsideration. The director shall personally consider all requests for reconsideration. The request for reconsideration must set forth in detail the facts supporting the request.

(B) The director may act on the request for reconsideration with or without a hearing in any manner the director deems reasonable and shall thereafter issue a final written determination concerning the request for reconsideration. If the director fails to act upon the request for reconsideration within fifteen business days of receipt of the request for reconsideration, the request shall be deemed denied. The decision, action or determination shall remain in effect during the period of review by the director.

(C) The director's decision shall become final and binding at the time the director acts on the request or fails to act within the time specified by this paragraph (B). If the director acts on the request for reconsideration, notice of the director's action will be mailed to the person or entity requesting reconsideration within five business days of the action.

(D) Any person or entity affected by a decision, action or determination related to this section who wishes to appeal or challenge the decision, action or determination must request reconsideration using the process specified in this paragraph (b). This requirement is jurisdictional. The failure to seek reconsideration shall be deemed a failure of the person or entity subject to the decision, action or determination to exhaust administrative remedies.

(k) Fees and Regulations.

(1) Fees. The city may establish fees in the water and wastewater system schedule of rates and charges and fees for administration of this section and may modify those fees from time to time.

(2) Regulations. The director may develop and maintain written regulations, procedures and guidance materials for administration of this section and shall make them available upon request.

(Ord. No. 847, § 2, 11-3-2016)

Editor's note— Ord. No. 847, § 2, adopted Nov. 3, 2016, repealed the former § 12.16.035 and enacted a new section as set out herein. The former § 12.16.035 pertained to sewer maintenance responsibilities and derived from Ord. No. 787, § 1, adopted in 2006.

No person, firm or corporation shall construct, maintain or suffer to be or remain on his or its premises, or under his or its control, any privy, privy vault, cesspool, urinal, sink, drain or bathtub, unless the same be connected, in case there be a sewer in the street on which the premises are situated, with such sewer. And every and all such connection with such sewer shall communicate with a dwelling house, and shall be constructed with a trap or other apparatus which will effectually prevent the escape of all gases therefrom.

(Ord. 45 § 1, 1905)

(a) No connection shall be made with or to any sewer under any public street or alley in the city except pursuant to written permit issued by the city clerk.

(b) Any person, firm or corporation desiring to make a connection to or with any such sewer pursuant to Section 12.16.040 above, must make a written application therefor to the city clerk, at the city hall, setting forth the name of the applicant, the description of the premises for which sewer connection is desired, the date on which connection will be made and the place at which connection will be made. Such application must be signed by the applicant, or in the case of a firm or corporation, by its duly authorized member or agent.

(c) At the time of presentation of such application, the applicant shall pay to the city clerk the sewer connection charge, hereinafter provided for, in cash. No application shall be accepted, nor any permit issued by the city clerk, until such payment is made.

(d) The city clerk, upon the presentation of such application in proper form, and payment of the sewer connection charge, shall issue to the applicant a permit authorizing the desired connection upon the terms and conditions following:

(1) That no connection to or with any such sewer shall be made except under the direct supervision of the director of public works, or his duly authorized representative;

(2) That no actual physical connection to existing sewer mains, lines or pipes shall be made by the applicant or his agent, but that in all such cases the city, by its authorized employee, shall make the tap and connect thereto the first joint of sewer pipe, at which joint the applicant shall make his connection; the applicant shall furnish all necessary materials for such connection;

(3) That in no event shall any such sewer connection be made or laid from the connecting point to the house or other structure which is to be served at any grade other than that which shall be specified by the director of public works, in person or by his duly authorized representative, who is directed, upon the presentation to him of any such application, to furnish to the applicant the necessary data establishing the grade at which the connecting line shall be laid;

(4) That no such connecting line shall be laid or constructed otherwise than in conformity with specifications of the city plumbing code;

(5) That no such connecting line so laid and made shall be covered or backfilled until the same shall have been inspected by the director of public works, or his duly authorized representative, and covering or backfilling by him authorized, which authority shall in no event be by him given until such connection and connecting line shall conform to the requirements hereof;

(6) That the applicant shall, promptly upon the approval of the connection and connecting line, proceed to cover the same and backfill the trench wherein the same shall be laid.

(e) The city council having first considered the cost of the city of the maintenance of its sewer system and of the installation of extensions thereto, finds that one hundred dollars is a reasonable sum to be charged and collected by the city for sewer connections involving installation in unpaved streets and that one hundred twenty-five dollars is a reasonable sum to be charged and collected by the city as and for a sewer connection charge where installation is made in a paved street, hereby fixes the sum of one hundred dollars as and for the sewer connection charge in areas and streets in which there is no pavement and hereby fixes the sum of one hundred twenty-five dollars as and for the sewer connection charge where the installation is made in a paved street, as the sewer connection charge.

(f) All connections to sewer, pursuant to permit, shall be made in a good and workmanlike manner and any connection not so made shall be broken by the director of public works unless promptly modified upon his direction so to do.

(Ord. 395, 1966; Ord. 240, 1948; Ord. 45 § 1.5, 1905)

No person, firm or corporation shall permit the discharge from any privy, privy vault, cesspool, urinal, sink, drain, bathtub, or private drain or sewer to connect with or run into or upon any street, lane or alley of the city, or upon the surface of the ground, or upon the property or premises of another.

(Ord. 45 § 2, 1905).

Every person, firm or corporation who shall keep or maintain any cesspool, drain or conduit within the city, (providing connections cannot be made with a sewer, as provided in Section 12.16.040) in or through which any fetid or offensive substance, whether liquid or solid, is allowed to run, accumulate or remain, and which in its nature is liable from exposure to become offensive to the senses or to health, shall keep the same covered to the depth of not less than two feet in thickness of solid earth.

(Ord. 45 § 3, 1905).

No person, firm or corporation shall suffer or permit any premises belonging to or occupied by him or it, or any cellar, vault, privy, urinal, cesspool, sewer or private drain thereon or therein, to become nauseous, foul, offensive or prejudicial to public health or comfort.

(Ord. 45 § 4, 1905).

Any privy, privy vault, cesspool, urinal, sink, drain, bathtub, sewer, conduit or place which does not conform to the conditions and requirements as set forth in this chapter, and any privy, privy vault, cesspool, urinal, sink, drain or bathtub which shall remain unconnected with the sewer as provided in Section 12.16.040 for the space of two weeks after notice from the board of health, is declared a public nuisance.

(Ord. 45 § 5, 1905).

The board of health is authorized and empowered to see that the provisions of this chapter are carried out and complied with, and if, after two weeks notice to the party owning or having the same in control, such person, firm or corporation shall fail or neglect to make the changes ordered by the board of health in order to conform to the requirements of this chapter, then the board may make such changes and the expense shall be at the cost of the party to whom such notice and order shall be given.

(Ord. 45 § 6, 1905).

Every person violating any of the provisions of Sections 12.16.040 through 12.16.100 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. 440 § 1 (part), 1970; Ord. 45 § 7, 1905).