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HomeMy WebLinkAboutOrd. 1453-2012 ORDINANCE NO. 1453 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADDING CHAPTER 14.14 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ADDING PRIVATE SEWER LATERAL CONSTRUCTION, MAINTENANCE AND INSPECTION WHEREAS, the City of South San Francisco ( "City ") owns and maintains sanitary sewer mains, pumping stations, and appurtenant facilities as part of the City's waste water collection system which is under the control of the city; and WHEREAS, the testing, repair, maintenance, renovation and timely replacement of private building sewer laterals connected to the City's waste water collection system protects the public health, safety and welfare by preventing or mitigating potentially harmful discharges of untreated wastewater into the environment through leaky or unsound sewer laterals; and WHEREAS, a comprehensive program that enforces routine maintenance of private building sewer laterals fosters compliance with requirements of the Clean Water Act, 33 U.S.C. § 1251, et. seq., the U.S. Environmental Protection Agency ( "EPA "), the State of California Water Resources Control Board ( "SWRCB "), and the San Francisco Regional Water Quality Control Board ( "SFRWQCB ") by reducing both infiltration and inflow ( "I &I ") and sewer system spills and overflows ( "SSOs "); and WHEREAS, property owners have and will be permitted at their expense to connect private laterals to the collection system as permitted under regulations as provided by the City; and WHEREAS, absent regulation that establishes clarifications for the property owner for the responsibility to design, construct, operate, maintain and inspect the Building Sanitary Sewer Lateral, unhealthy conditions are found to exist. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. CHAPTER 14.14 "SEWER LATERAL CONSTRUCTION, MAINTENANCE AND INSPECTION" Chapter 14.140 of the South San Francisco Municipal Code is hereby added to the South San Francisco Municipal Code to read as follows: "Sewer Lateral Construction, Maintenance and Inspection" Section 14.14.010 Purposes Section 14.14.020 Definitions Section 14.14.030 Public Sanitary Sewers, General Section 14.14.040 Building Drain and Building Sanitary Sewer Lateral Section 14.14.050 Permits General Section 14.14.060 Abandonment of Sanitary Sewer Connection Section 14.14.070 Design Standards, General Section 14.14.080 Design, Review and approval Section 14.14.090 Construction Standards, General Section 14.14.100 Construction Inspection Requirements Section 14.14.110 Testing Requirements Section 14.14.120 Building Sanitary Sewer Laterals Section 14.14.130 Abatement of Leaks, Breaks, and Improper Sanitary Sewer Conditions Section 14.14.140 Inspection of Sanitary Sewer Laterals as a Precondition for Obtaining a Building permit Section 14.14.150 Sidewalk Cleanouts Section 14.14.160 Inspection and Correction upon Sale Section 14.14.170 Time Extension Certificate Section 14.14.180 Notices to Correct Violations Section 14.14.190 Additional Events triggering the requirement to Obtain a Certificate of Compliance Section 14.14.200 Regulations to Implement this Chapter Section 14.14.210 Nuisance 14.14.010 Purposes 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 sanitary sewer overflows by eliminating or minimizing stoppages and reducing sources of inflow and infiltration 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, and to maintain all parts of the sewer system and reduce and prevent sanitary sewer overflows. 14.14.020 Definitions (a) Unless otherwise defined within subsection (b) of this Section, terms used in this Chapter shall have the same meaning as those terms defined in Section 14.08.030 of the South San Francisco Municipal Code. (b) As used in this Chapter, the following words, phrases and terms shall have the following definitions: "Air Testing" or "Air Tested" means a method whereby a Building Sanitary Sewer Lateral is pressurized with air for the purpose of detecting leaks or defects in the pipe being tested. An Air Tested Building Sanitary Sewer Lateral will be deemed defective for purposes of this Chapter if it does not hold three and one -half (3.5) pounds per square inch of air pressure (psi -air) for at least two (2) minutes with at least two and one -half (2.5) psi -air remaining at end of the Air Test. "Building Drain" means that part of the lowest piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes within the building or structure and conveys it to the Building Sanitary Sewer Lateral. The point of connection of the Building Drain to the Building Sanitary Sewer Lateral shall be within two (2) feet of the outside of the Building Wall. A clean -out and Backflow Prevention Device shall be installed at the point of connection of the Building Drain to the Building Sanitary Sewer Lateral. "Building Sanitary Sewer Lateral" means that part of a drainage system which extends from the end of the Building Drain and conveys discharge to a Public Sewer or other point of disposal. The Building Sanitary Sewer Lateral shall terminate at the wye or other Manufactured Connection to the Public Sewer. "Certificate of Compliance" means a written certificate issued to a Property Owner by the Public Works Director or his /her designee certifying that a Building Sanitary Sewer Lateral is properly equipped, structurally sound and complies with all standards of this Chapter and any other applicable standards established by the City. "Defective Sewer Lateral" means any Building Sanitary Sewer Lateral that displays leaks or defects upon the completion of inspection or that is deemed by the City, in its discretion, to be defective upon completion of Air Testing or any other testing method required by the City. "Inspection" means a process whereby both a video camera and /or smoke are placed into and run through the inside of a Building Drain, Building Sewer Lateral or Public Sewer for the purpose of detecting leaks or other obvious defects. "Manufactured Connection" means a commercially manufactured and available sewer "wye" or "tee" fitting of the proper size and material for the subject application. "Property Owner" means any individual or entity owning property within the boundaries of the City that is connected to a Public Sewer. 14.14.030 Public Sanitary Sewers, General All City sanitary sewer mains, junction structures, pumping stations and appurtenant facilities within the public right -of -way, public utility easements or sanitary sewer easements are part of the City's wastewater collection system owned by the City and are under the control and operation of the City. 14.14.040 Building Drain and Building Sanitary Sewer Lateral (a) The property owner is responsible at his /her expense to construct, operate, clean and maintain all building Sanitary Sewer Laterals or waste holding tanks, individual waste disposal systems including septic systems, if permitted, sewage ejector pump stations and appurtenant pipelines, valves and structures to either the point of connection with the cleanout wye on the Building Sanitary Sewer Lateral or to the City sanitary sewer main as provided below, in full compliance with the provisions of this Chapter. The City shall maintain the Building Sanitary Sewer Lateral from a City- approved cleanout wye to the City sanitary sewer main when a cleanout is provided either in the sidewalk, or if there is no sidewalk within the public right -of- way then it shall be installed within two and one -half feet of the City main. In such instances, the cleanout must be accessible at all times. When the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the Building Sanitary Sewer Lateral all the way to the City sanitary sewer main including the Building Sanitary Sewer Lateral's wye junction to the main. Where a cleanout does not exist and the property owner desires to install one, the City will not accept maintenance responsibility from the new cleanout to the City's main until the property owner satisfies the Public Works Director /City Engineer or his /her designee as to the proper operational condition of that lateral. (b) Sanitary sewer connections to the City's wastewater collection system shall be limited to one Building Sanitary Sewer Lateral per lot, parcel or tract of land. Multiple or branched sanitary sewer connections are specifically prohibited. The limitation to one Building Sanitary Sewer Lateral per lot shall also apply in the case of condominium subdivisions, planned unit developments and commercial developments, unless specifically waived in a subdivision improvement agreement or sanitary sewer main extension agreement. (c) Existing conditions not in compliance with this chapter shall be brought into compliance within one hundred twenty (120) calendar days after owner receives notice from the City, or as otherwise provided by this Chapter. Time extensions may be granted under unusual circumstances as determined by the Public Works Director and described in section 14.14.180. The replacement of existing multiple or branched sanitary sewer connections shall be at the owner's expense. 14.14.050 Permits, General (a) Any work required to comply with the provisions of this Chapter must obtain all the applicable permits, including but not limited to encroachment permits, building permits and /or plumbing permits. The permits must be obtained consistent with, and comply with all applicable provisions of the South San Francisco Municipal Code. (b) Any permits required by this Chapter shall not be considered valid until all fees, as established by the South San Francisco Master Fee Schedule, and connection charges have been paid, bonds and indemnification have been provided to the City, and the permit has been signed by the appropriate City Building Official. 14.14.060 Abandonment of Sanitary Sewer Connection (a) Any sanitary sewer connection to the City's wastewater collection system not connected to an existing structure having a current certificate of occupancy or being more than a single connection and not approved in writing by the City shall be removed or abandoned in place in a manner specified by the Public Works Director or his /her designee. Demolition of an existing structure may require the removal or in -place abandonment of the sanitary sewer line as determined by the City. The Public Works Director or his /her designee shall also approve of the manner in which the sanitary sewer line will be removed or abandoned. (b) The property owner shall be responsible for any costs associated with the removal or abandonment of a sanitary sewer connection. In the event a property owner fails to properly remove or abandon a sanitary sewer connection, the City may cause and take action to abate and remove or abandon the sanitary sewer connection or take any action set forth with the costs paid by the property owner. 14.14.070 Design Standards, General Minimum standards for the design and construction of public and /or private sanitary sewers, including rehabilitation, repair and replacement of sanitary sewer facilities, shall be in accordance with requirements of this Chapter, the Uniform Plumbing Code sewer design and construction standards, and the Specifications and Standard Plans for Public Works Construction, a copy of which is available for viewing at the Public Works offices. The Public Works Director /City Engineer or building official, as jurisdiction requires, may allow modifications or require special design and construction where non - standard conditions are encountered. The following design requirements shall apply: (a) Construction documents consisting of plans, profiles, details and specifications shall be required for all sanitary sewer construction projects which document how sanitary sewer facilities are to be constructed. The construction documents shall be prepared by a civil engineer licensed to practice in the state of California. These construction documents shall show locations and boundary lines of affected properties; plans for the proposed work at a scale not exceeding one inch equals twenty feet; profiles of sanitary sewer facilities showing flow lines, pipeline grades, trench grades and ground surface elevations to the nearest 0.10 foot; details showing facility cross - sections, dimensions and material specifications; notes and specifications for the work including general notes and project specifications. (b) All sanitary sewer facilities shall be designed for installation within easements or rights - of -way dedicated for public use. Easement descriptions, dedications, acceptance and recordation shall be completed prior to construction of any sanitary sewer facilities and shall be prepared in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) or in a form acceptable to the City Attorney. Easements, which provide operation, maintenance and access rights to the City, shall be granted to the City and accepted at the discretion of the City Council. (c) Sanitary sewers shall be connected to the City's wastewater collection system in a manner and at a location approved by the City. Unless otherwise permitted by the City, all connections shall be made at the point of lowest elevation on the City sanitary sewer main or manhole abutting or fronting the affected property. (d) Design criteria and pipeline materials criteria acceptable for design purposes shall be provided by the Public Works Department, Engineering Division for sanitary sewer lines within the public right -of -way, and by the Building Department for sanitary sewer lines on private property. (e) No more than one lot, parcel or tract of land shall be served from one sanitary sewer. An exception may be granted by the City for the following circumstances: 1. Where one or more multifamily structures are located on a single parcel, under common ownership, and are served by a common Building Sanitary Sewer Lateral, the structures may share the same Building Sanitary Sewer Lateral if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner. 2. Where one structure is constructed behind another and a direct connection to the City sanitary sewer main cannot be constructed, the existing Building Sanitary Sewer Lateral for the front structure may be extended to the rear structure if sized and constructed to contain the sanitary sewer flows in a safe and adequate manner. This condition, if approved, will require the recordation of an easement and maintenance agreement establishing authority and responsibility for the jointly used sections of the sanitary sewer line for both structures. 14.14.080 Design Review and Approval (a) The Public Works Director /City Engineer shall approve all designs for City sanitary sewer facilities before issuing any required permits. Five sets of design documents shall be submitted to the Public Works Director /City Engineer for review and approval. The City shall review and comment on submitted design documents within thirty (30) calendar days of receipt of the documents. (b) The design engineer shall make all modifications, changes and revisions requested by the City prior to any re- submittal of design documents previously reviewed by the City. When all design documents meet the requirements of this chapter to the satisfaction of the City, he /she will approve the design documents in writing within thirty calendar days of receipt of acceptable design documents. All design documents shall be marked "APPROVED" and shall indicate the date approved. (c) The approved design documents shall become the approved construction documents upon issuance the required permits. The City shall return two sets of approved construction documents with the encroachment permit to the permittee. The permittee shall keep at least one copy of the plans at the construction site at all times. One plan set shall be retained for recordation of any changes or modifications made during construction. Any changes or modifications made to the construction documents as constructed shall receive prior written approval by the City. Changes to the sanitary sewer line design will receive prior written approval from the building official. As a condition of final acceptance, or approval, of completed sanitary sewer facilities, the permittee shall submit one set of "as- built" construction documents to the City for the public record. "As- built" construction documents shall show locations of all sanitary sewer facilities as actually installed in the field to the nearest 0.25 feet vertically and horizontally. 14.14.090 Construction Standards, General (a) Construction of wastewater collection facilities shall be in accordance with the requirements of the City and construction documents approved by the City, this Chapter and other applicable provisions of the City of South San Francisco Municipal Code. (b) Any Property Owner constructing sanitary sewer facilities in the City shall comply with all state, county and City laws, ordinances, regulations and standards pertaining to construction practices. Where excavations over five feet are proposed, the applicant shall provide the City with a copy of the approved trench excavation permit obtained from the local office of Cal - OSHA. The user undertaking construction shall pay all required fees for any permit required by government regulations. (c) Any user constructing sanitary sewer facilities shall provide adequate precaution to protect the public from potential injury resulting from any construction work. All excavations shall be adequately guarded with covers, barricades, cones, lights and warning tape to protect the public from hazards. Any public property including sidewalks, streets and landscaped areas shall be protected from damage. Any interference or damage to public property, or private property, shall be restored and repaired in a manner satisfactory to the Public Works Director /City Engineer or private owner as appropriate. (d) Grade and line stakes shall be set by a registered civil engineer or land surveyor or an appropriate employee of either prior to the start of construction work on any wastewater collection system element. The contractor performing the work shall be responsible to accurately transfer established design grades and elevations to constructed work. 14.14.100 Construction Inspection Requirements (a) All construction work performed pursuant to this Chapter within the public right -of -way and Public Utility Easements shall be inspected by the Public Works Director or by his /her designee. Work performed on private property shall be inspected by a City Building Inspector. All work shall be inspected by the contractor prior to requesting an inspection by the City. Upon an appropriate request for inspection from the contractor, the appropriate City official, shall inspect the construction work for compliance with the approved construction documents. No construction work shall be covered or obscured before the City official, or his /her designee, has made the required inspection and approved the construction work. (b) The contractor shall comply with and submit all test reports, material submittals, certifications and schedules as required by the Public Works Director /City Engineer or building official, including but not limited to inspection and testing required by this Chapter. Any materials or workmanship not meeting approved construction document requirements shall be immediately removed or corrected to the City's satisfaction with a reasonable time. (c) Before acceptance of any construction work by the City, and prior to admission of any sewage into the City's wastewater collection system, the construction work shall be fully inspected, tested and approved by the building official for sanitary sewer lines on private property and by the City for sanitary sewer lines in the public right -of -way. Upon acceptance of the construction work, the building official and /or Public Works Director or his /her designee shall issue a signed and dated certificate of compliance for the constructed sanitary sewer facilities, copies of which shall be provided to the contractor and property owner. 14.14.110 Testing Requirements Prior to the acceptance of any constructed sanitary sewer facilities, testing shall be performed and shall pass acceptance standards specified by the Public Works Director or his /her designee and /or building official. These tests shall include as a minimum: low pressure air tests, and /or pressurized water leakage tests of all sanitary sewer pipelines, manholes and appurtenant structures. 14.14.120 Building Sanitary Sewer Laterals (a) The property owner at his /her expense shall maintain all Building Sanitary Sewer Laterals, including, but not limited to, the building drain, Building Sanitary 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 backflow relief equipment. The property owner shall provide all maintenance of the Building Sanitary Sewer Lateral, including the wye 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 in the Building Sanitary Sewer Lateral immediately upon discovery or notification by the City. When clearing any obstructions in the Building Sanitary Sewer Lateral or performing any maintenance to the Building Sanitary Sewer Lateral, the property owner must install a temporary trap downstream of the Building Sanitary Sewer Lateral to ensure any rootball, debris or other items dislodged from the sewer lateral do not flush into the City's sanitary sewer system. (b) The City may require property owners to remove roots from private laterals that are growing into lower lateral sewer lines in the sanitary sewer system owned by the City. Where this condition occurs, the City will promptly notify the private property owner. Within thirty (30) days of receiving notification from the City, the private property owner shall remove the roots from the Building Sanitary Sewer Lateral, and will make all necessary repairs to the Building Sanitary Sewer Lateral to prevent a reoccurrence of root intrusion that reaches the City's lower lateral. (c) Any Building Sanitary Sewer Lateral 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. The property owner shall reimburse the City for all reasonable costs, as determined by the City, incurred by the City relative to any work or services rendered to remove a blockage or repair or otherwise work on a sewer line facility which is the responsibility of the property owner. The City shall only maintain the Building Sanitary Sewer Lateral from the cleanout wye, inclusive of the cleanout wye, to the City sanitary sewer main under the following circumstances: 1. A cleanout is provided either in the sidewalk, or within two and one -half feet of the face of curb or edge of pavement where there is no sidewalk, or in a side or rear yard within two and one -half feet of the City main; when the cleanout is located outside of these designated areas, the property owner is responsible for maintaining the Building Sanitary Sewer Lateral all the way to the City sanitary sewer main, including the wye connection at the main. The above maintenance responsibilities shall be conducted in full compliance with all applicable requirements contained in this chapter. 2. Prior to the City's acceptance of maintenance responsibility for that portion of a Building Sanitary Sewer Lateral from a newly installed cleanout to the main, including the wye connection to the main, the property owner shall be responsible for having this section of lateral inspected internally by a closed circuit television camera and providing these results to the City for review. If the City determines that this section of the lateral is defective and does not meet City's requirements, the property owner shall be required to perform all repairs necessary to bring the condition of the lateral up to City standards. Property owner must obtain an encroachment permit from the City prior to performing any required repairs on the City's right -of -way. The City will accept maintenance responsibility for the section of the lateral from the new cleanout to the main only after both of the following conditions have been met: (1) the City has issued an encroachment permit for the required repairs in the City's right -of -way, and (2) all repair work is completed to the City's satisfaction. 3. Where a property owner, or tenant in the absence of action by the property owner, refuses to mitigate a condition that causes sewage to leak from the Building Sanitary Sewer Lateral after discovery or notification by the City, or if action is not effective, the City has the option to either make the repairs itself or hire a licensed contractor, all at the owner's expense, to mitigate the condition. If payment is not made by the owner, the City may impose a property tax lien to recover all of its costs associated with repairing the leakage. 14.14.130 Abatement of Leaks, Breaks, and Improper Sanitary Sewer Conditions (a) All Building Sanitary Sewer Laterals, cleanouts and /or sanitary sewer appurtenances which are found to contain leaks, breaks, uncapped cleanouts, down spouts or yard drains which discharge into the City's wastewater collection system, and any sources of accidental, negligent or intended introduction of storm water into the City's wastewater collection system are declared to be a violation of this Chapter, and shall be abated by the Property Owner, who is required to remove or correct such improper sanitary sewer connections. The Property Owner shall have thirty (30) days from the date of the City's notice of violation to obtain permits and undertake repairs unless public health and safety considerations require earlier action. If the work is not completed within this time frame, the City, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payment is not made by the owner, the City may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection. (b) Where a sanitary sewer overflow has occurred in the City's wastewater collection system as a result of a blockage, break or other issue in a Building Sanitary Sewer Lateral, the property owner shall obtain permits and repair or replace the Building Sanitary Sewer Lateral causing the sanitary sewer overflow within one hundred and twenty (120) days, unless: 1. The property owned by the property owner is undergoing an extensive remodel, in which case the repair and /or replacement of the Building Sanitary Sewer Lateral shall occur no later than the new occupancy date for the building, or 2. The property owner claims financial hardship, in which case the City may conduct the repair or replacement and may impose a lien on the property to recover costs. (c) If the work is not completed within the time frame required by this Section, the City, at its option, may either make the repairs itself or hire a licensed contractor to mitigate the condition all at the owner's expense. If payment is not made by the owner, the City may impose a property tax lien to recover all costs associated with mitigating the improper sanitary sewer connection. 14.14.140 Inspection of Building Sanitary Sewer Laterals as Precondition for Obtaining a Building Permit (a) For any project requiring a building permit where more than twenty -five percent of the building area is being remodeled, altered or enlarged, the project applicant or property owner shall inspect all Building Sanitary Sewer Laterals on the property for defects and obtain a Certificate of Compliance before a building permit is issued. (b) Building Sanitary Sewer Laterals are to be inspected by Property Owners, and their condition evaluated by the City, according to the process set forth below. 1. The inspection must be conducted by a licensed plumber or sewer contractor using a closed circuit television camera (CCTV), to adequately evaluate the internal condition of the sewer lateral, identify the property address and be performed in the presence of a City representative. 2. Upon completion of the inspection, the person conducting the inspection shall provide a copy of the video of the inspection to the City for viewing and evaluation by the City. 3. The City shall evaluate the video for defects including blockages, structural defects, illicit connections, open joints, appropriate cleanouts, materials that do not have a remaining design life of twenty -five years, missing sewer relief valves and sewer backwater valves. 4. A Building Sanitary Sewer Lateral shall be considered in compliance with the provisions of this Chapter, and a Certificate of Compliance issued, if the video of the inspection verifies all of the following conditions, to the satisfaction of the City: A. The Building Sanitary Sewer Lateral is free of roots, deposits of Fats, Oils and Grease (FOG), or other solids which may impede or obstruct the flow of sewage. B. There are no illicit or illegal connections to the Building Sanitary Sewer Lateral which would cause inflow, such as roof leaders or yard drains. C. All joints in the Building Sanitary Sewer Lateral are tight and sound to prevent the exfiltration of sewage or the infiltration of groundwater. D. The Building Sanitary Sewer Lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets. E. The Building Sanitary Sewer Lateral is equipped with cleanouts per city standards. F. The Building Sanitary Sewer Lateral is constructed of materials with a remaining design life of at least twenty -five years. 5. Any defects in the Building Sanitary Sewer Lateralthat cause the sewer lateral to fail the inspection must be repaired or replaced within one hundred twenty (120) days of the date the City determines that a defect exists. Proof of the repair or replacement as directed by the City must be provided to the City before a Certificate of Compliance and /or building permit will be issued. 14.14.150 Sidewalk Cleanouts (a) Sidewalk cleanout construction details and material specifications shall conform to the current edition of the City specifications and standard plans for public works construction, a copy of which is available for viewing at the public works engineering office or on City's website. Cleanouts, if not existing, shall be installed at the Property Owner's expense under any of the conditions listed below: 1. All new construction; 2. On remodels where more than twenty -five percent of the building area is being remodeled; 3. When any replacement or repair is performed on the Building Sanitary Sewer Lateral; 4. Whenever backflow protection and /or relief device is installed; 5. When a property has been damaged by the blockage of the City sanitary sewer main; 6. On all structures where a pump is used to lift sewage to the Building Sanitary Sewer Lateral and City sanitary sewer main or on structures where the elevation of any floor is at or below the invert of the City sanitary sewer main, or where a condition may exist where a plug in the City sanitary sewer main will cause the hydraulic grade line to rise above the lowest floor level. (b) Failure of the owner to install a sanitary sewer cleanout for or as a result of any of the above conditions shall relieve the City of any and all responsibilities for any and all subsequent damage caused by sanitary sewer overflows. 14.14.160 Certificate of Compliance Required Upon Sale (a) Except as provided in subsection (b) of this section, before a property is to be transferred to, or vested in any other person or entity, the Property Owner must, at his /her own expense, conduct testing and inspection of the Building Sanitary Sewer Lateral as required by this Chapter in order to obtain a Certificate of Compliance. A Certificate of Compliance may be issued by the City if the Property Owner conducts testing that satisfies Section 14.14.140(b) of this Chapter. Any subsequent repair or replacement work deemed necessary as a result of an inspection shall be completed and approved by the City prior to issuance of a Certificate of Compliance and transfer of title. (b) Exceptions: This section shall not apply: 1. To condominium or cooperative apartment buildings or the units within those buildings, except as a condition to conversion to a condominium or cooperative apartment building; or 2. To properties for five (5) years after issuance of a Certificate of Compliance by the City under this Chapter; or 3. To properties for five (5) years after acceptance of a test pursuant to this Chapter, if partial or no repairs of the lateral were required and any repairs were completed pursuant to permit and inspection by the City; or 4. For five (5) years after inspection and approval by the City of completed alterations to the lateral, if alterations pursuant to a City permit were made to the location of or connections to the lateral following a test pursuant to this section; or 5. To properties that were constructed less than twenty (20) years before the anticipated date of sale; or 6. To properties for twenty (20) years after City acceptance of construction work, provided that replacement of the complete sewer lateral was performed and accepted; or 7. If the Public Works Director /City Engineer determines testing is unnecessary because the piping has less than three (3) joints and the total length does not exceed ten (10) feet. (d) Prior to the close of escrow upon a sale or other transfer of the house, building, property or other structure served. If there is no escrow, prior to recording a deed or other document transferring title to the house, building, property or other structure served. 14.14.170 Time Extension Certificate (a) Notwithstanding Section 14.14.160, the requirement to obtain a Compliance Certificate prior to transfer of title in no way affects the legality of the transfer of title of the underlying property transaction. If Certificate of Compliance can not be obtained prior to title transfer, the property owner may request to the Public Works Director, in writing, for a time extension (Time Extension Certificate) of up to one hundred and eighty (180) days in which to perform the inspection, and /or repairs or replacement required by this Chapter. (b) The Time Extension Certificate request shall be submitted to the City with the required fee established by the South San Francisco Master Fee Schedule. (c) As a condition of issuance of a Time Extension Certificate, funds in the amount of $7,500 are to be posted into an escrow account. Notwithstanding the escrow deposit, Property Owners are responsible for the full cost of Building Sanitary Sewer Lateral compliance with City ordinance requirements, which may exceed the $7,500 escrow deposit. Once the Building Sanitary Sewer Lateral passes the required inspection, and a Certificate of Compliance is issued by the City, funds will be released in accordance with escrow instructions. (d) In the event that the work required by this Chapter is not completed within one hundred and eighty (180) days of issuance of the Time Extension Certificate, or the work does not meet the conditions required by this Chapter, the escrow funds may be forfeited following a hearing, as appropriate, and the current Property Owner will be responsible for compliance with the requirements of this Chapter. The City will take possession of the forfeited escrow funds and the current Property Owner must affirmatively demonstrate that Building Sewer Lateral complies with this Chapter prior to requesting that the City consider release of the forfeited funds, less the City's costs, which may include costs of abatement. After close of escrow, the current property owner shall be responsible for all costs associated with compliance of this Chapter. 14.14.180 Notices to correct violations If the Public Works Director receives notice that a Building Sanitary Sewer Lateral does not or may not meet the standards set forth in this Chapter and the Property Owner does not agree in writing to perform the repairs or replacements necessary to bring the Building Sewer Lateral into compliance, then the Public Works Director shall give written notice of violation to the Property Owner of any conditions that violate this Chapter. Such notice shall be provided using first class U.S. mail and shall specify the repair or replacement necessary to correct the condition and the time in which to make the correction, and shall advise the Property Owner of the enforcement provisions of this Chapter. 14.14.190 Additional Events triggering the requirement to Obtain a Certificate of Compliance Except as provided in section 14.14.160(b), all Building Sanitary Sewer Laterals for those new or existing buildings including but not limited to those serving residential, multiple residential, commercial and industrial properties that are connected to the Public Sewer, shall perform the necessary inspection in order to obtain a Certificate of Compliance as required in this Chapter, at the Property Owner's expense when any of the following events occur: 1. There is an application for a certificate of occupancy for a new building. 2. A change of use of the house, building, property or other structure served from residential to business, commercial, or other non - residential use; or from non- residential, non - restaurant, non - commercial, non - industrial to restaurant, commercial or industrial uses. 3. Upon repair or replacement of any portion of a Building Sewer Lateral. 14.14.200 Regulations to implement this chapter The City Manager or his or her designee is authorized to and may establish rules, regulations, guidelines and policies for implementing and enforcing this Chapter. 14.14.210 Nuisance Any Building Sanitary Sewer Lateral or appurtenance thereto that is in violation of this Chapter is hereby declared to be unlawful and a public nuisance and subject to abatement pursuant to the applicable provisions of State law and the South San Francisco Municipal Code, and as currently in effect or as hereafter amended. Such nuisance conditions include, but are not limited to, any Defective Sewer Lateral, any Building Sanitary Sewer Lateral with sewer clean -outs which contain leaks or breaks; any Building Sanitary Sewer Lateral to which a clean -out and a Backflow Prevention Device is not properly attached or properly functioning; any uncapped or improperly capped sewer clean -outs; sump pumps, downspouts, area or yard drains, or other sources which discharge into the Public Sewer; and all other sources of accidental, negligent or intended introduction of storm water run -off or similar waters into the Public Sewer. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3 PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 25 day of January, 2012. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 8 day of February, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST: y , , yezr - C As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 8 day of February, 2012. , ,,a afri_a,.. Richard A.rbarino Mayor