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HomeMy WebLinkAbout71.190 ORDINANCE NO. 71- 490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPEALING ARTICLE 7-10 OF AND ADDING ARTICLE 7-10 TO THE CODE OF THE CITY OF SARATOGA, RELATING TO SEWAGE DISPOSAL The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. Article 7-10 of the Code of the City of Saratoga is hereby repealed. SECTION 2. Article 7-10 is hereby added to the Code of the City of Saratoga to read as follows: "7-I0.010 Health Officer Defined. For the purposes of this Article, the term "Health Officer" shall mean the City Manager. Any of the powers or duties to be exercised or approvals to be granted by the Health Officer under this Article may be delegated by the City Manager, in whole or in part, to the County Health Department or to such other authorized agents as the City Manager may designate. The term "Health Officer" shall be synonymous with the term "director" as used in Division B 11, Chapter II, Ar-tide I and 2, of the Code of th~ County of Santa Clara. 7-10.020. Adoption of County of Santa Clara Code Regarding Sewage Disposal. Division B I 1, Chapter II, Article 1 and 2 only, of the Code of The County of Santa Clara, as it may be amended from time to time, one copy of which has been filed for use and examination by the public in the office of the City Clerk, is referred to and, except as to additions, deletions and amendments hereinafter noted, such regulations are adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the sewage disposal regulations for the City. 7-10.030. Additions. Deletions and Amendments. The additions, deletions and amendments set forth in this Article are made to Division B I 1, Chapter II, Article 1 and 2 only, of the Code of the County of 1 Santa Clara, as adopted by reference in Section 7-10.010. 7-10.040. Section B 11-6 is Amended Concerning Non-Responsibility For Damage. Section B I 1-6 of the Code of the County of Santa Clara is amended to read as follows: 'Section B11-6. County and City Not Responsible for Damage. This Chapter shall not be construed as imposing upon the county or the city any liability or responsibility for damage resulting from the defective construction of any sewage disposal system as herein provided, nor shall the county or the city or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder.' 7-10.050 Section B 11 - 13.2 is Added Concerning Inspection of Private On-Site Sewage Disposal System Upon Sale of Property. Section B11-13.2 is added to the Code of the County of Santa Clara, to read as follows: 'Section B I 1 - 13.2. Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property. (a) No person shall sell, transfer, or convey more than fifty percent of the ownership interest in any real property, residence, place of business, or other building, upon which a private on-site sewage disposal system exists, without first obtaining an inspection of the sewage disposal system and written report summarizing the results of the inspection. (b) The inspection shall be made for the purpose of determining, and the report of the inspector shall state, whether the private on-site sewage disposal system is operating in compliance with this Code. (c) The inspection shall be conducted by a registered civil engineer or a registered environmental health specialist, or any other individual who is determined by the Health 2 Officer to be qualified to perform such inspection. (d) T-he report of the inspection shall be submitted to the Health Officer as a condition to dose of escrow or transfer of ownership of the subject property.' 7-10.060. Section B11-13.3 is Added Concerning Requirement of Connection to Public Sewer. Section B11-13.3 is added to the Code of the County of Santa Clara, to read as follows: 'Section B11-13.3. When Connection to Public Sewer is Required. (a) The Health Officer may order by notice in writing any person owning or occupying property within the boundaries of the City from or upon which any sewage whatsoever is generated, which premises are not connected to an existing public sewer facility available within 200 feet of the boundary line of such property, to connect thereto or vacate or cause to be vacated such premises within a specified period of time. (b) The City Council, however, after receiving evidence from the Health Officer, may declare and determine that the continued use of an existing on-site sewage disposal system is and cotrid reasonably be expected to remain adequate for treatment and disposal of sewage without constituting a public nuisance by reason of the soil condition, drainage conditions, the degree of urban development in the area and the type and condition of the particular sewage disposal system in question. As a condition to such determination, the owners of the property with reference to which such determination has been made, shall execute in writing in a form acceptable for recordation a covenant to: (I) Cause connection to be made to the existing public sewer facilities within a specified time not to 3 exceed five years from the date of such determination or upon demand of the Health Officer, whichever date comes first, based upon the determination of such officer that one or more of the conditions recited in sub-section (b) above have changed so that such existing sewage treatment and disposal constitutes a public nuisance; (2) Notify any purchaser or transferee for consideration of any rights in and to such property of the existence of such a covenant and the performance or nonperformance thereof prior to such purchase or transfer. (c) The five year maximum time period set forth in subparagraph (b) ( 1 ) may be extended by the City Council upon a determination of financial hardship.' 7-10.070. Section B11-29.1 is Amended Concerning Recordation of Notice of Violation. Section B 11-29.1 of the Code of the County of Santa Clara is amended to read as follows: 'Section B11-29.1. Record Notice of Violation. The Health Officer shall record a notice of the existence of a substandard sewage disposal system violation in the office of the County Recorder, and shall notify the owner of the affected real property and any other known party responsible for the violation that such action has been taken. This notice is to inform all parties that no improvements, including building additions, can be approved while the substandard sewage disposal system continues in operation.' 7-10.080. Section B 11-30 is Amended Concerning Appeals. Section B 11-30 of the Code of the County of Santa Clara is amended to read as follows: 4 0rd. 71-190 fSection B11-30. Appeal From Denial. Revocation or Suspension. Any appeal to the decision of the Health Officer pursuant to Articles 1 and 2 of this Chapter shall be filed in accordance with the provisions in Section 2-052030 of the Code of the City of Saratoga."' 7-10.090. Sewage Disposal System constituting a Public Nuisance. 'Private on-site sewage disposal systems which the Health Officer determines are not operating in compliance with the requirements of Division B-I 1, Chapter II, Articles 1 and 2 of the Code of the County of Santa Clara, are hereby deemed by the City Council to be a public nuisance and may be abated in the manner set forth in Articles 3-15 and 3-20 of the Code of the City of Saratoga."' SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the 3r~ day of t~-c_h , 1999, by the following vote. A~S: Councilm~mbers Baker, Streit, Vice ~hyor Bogosian, M~yor Shaw NOES: ge ABSENT: Councilmember Mehaffey ~ Mayor ATTEST~ Cit9 Clerk February 22, 1999 MSR:dsp I:\WPDVvlNRSWX273\ORD99XSEW-DISP.CLN 5