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HomeMy WebLinkAbout6*. y ~orre~t: copy of Orcitn~mee ~o. , ~ of the dsy of ..... the ~ame ACtin~ Cit~ Clerk ORDINANCE N0. ~ AN ORDINANCE PROVIDING FOR THE SANITARY'~DISPOSAL OF SEWAGE IN THE ICiTY OF SARATOGA, CALIFORNIA. The City Council of the City of Saratoga does ordain as follows: SECTION l: This Ordinance shall apply to all territory embraced within~ the incorporated limits of the City of Saratoga, State of California. SECTION la: Definition of "Health Officer": "Health Officer" shall mean the Santa Clara County Health Officer, his assistants, or authorized deputies acting as health officer of the City of Saratoga. SECTION 2: It shall be unlawful to maintain, use, any residence, plac'e of business, or other build- ing or place where persons residue,. congregate, or are employed . which is not provided with means~ for the disposal of sewage, either by a flush toilet connected with a sewage system approved by the Health Officer, or when it is Judged permissible by the Health Officer, a privy which meets the requirements of construction and maintenance hereinafter described. SECTION 2: EVery building where persons reside, congre- gate, or are employed which abuts a street or alley in which there is an apprqved public sanitary sewer, or which is within 200 feet of an approved public sanitary sewer, provided a right of way can be obtained, and if possible grade is present, shall be connected tb the sewer, by the owner or agent of the premises, in the most direct manner possible, and. with separate connection for each home or building. SECTION ..4: It shall be u~lawful for any person to con- struct or maintain any privy, cesspool, septic tank, sewage treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health, whereby !they shall do any of the follow- ing: (a) Overflow any lands whatever; (b) Empty, flow, seep, drain ~nto or affect any springs, streams, rivers, lakes or other Waters within the City of Saratoga, PRO. VIDED HOWEVER, if with respect to existing septic tanks, sewage treatment workS, sewer pipes or conduits or other pipes or conduits for the treatment or discharge of sewage or impure waters, it would be exceptionally ~-l- 'ffi ul if ot possible to comply with the provisions of ' ~ls ~ec~ton or this Ordinance, ,the Health Officer shall have the power by special permit to ~llow such variations fromthe~ provisions contained in this Section as will prevent ~unnecessary hardship or injustice and at the same time most hearly accomplish the general purpose and intent hereof. SECTION 5: Every residence, place of residence, or other building or place where persons congregate, reside, or are employed, and whi!ch does not abut a street or alley in which there is an apDr6ved sanitary sewer, or which is not within 200 feet of an approved public sanitary sewer, shall be provided with a private wate~ flush toilet, or if in the opinion of the Health Officer conditions permit, a privy, by the owner or agent or occupant of the premises~ said water flush toil.et system, or privy, to be built or rebuilt, con- structed, altered or reconstructed, or maintained in such manner as to meet the requirements of cXonstruction. and maintenance herei~after described to-wit: A. Private Sewage D~sposal Systems. 1. .At any residence, place of business or other building where there is installed a water flush system or .sewage disposal system which is not connected to a public sewer system, and w~ere the customary users do not exceed fifteen (15) in number, there shall also be established or installed a private sewage disposal system. Said disposal system to consist of a septic tank and a system of underground ~ains for the disposal of the tank effluent. Said tank and drains shall be so constructed as to meet the requirements of construction and maintenance hereinafter described. (a) SEPTIC TANKS. The septic tanks shall of two compartment construc~ tion; the first compartment being twice the capacity of the second. Said tank shall be of a type, constructed and located in accordance with the recommendations of the State Department of Public Health and the Health 0ff~cer. If it is necessary to install the tank above the ground surface, it must be made air and odor tight. The septic tank, distribution box if used, and all inlets and outlets thereto, shall be water tight. (1) SIZE.* The minimum capacity of the septic tank shall ~e 700 gallons.. · (2) ~TERI~LS. The septic tank shall be constructed oflc0ncrete, irrigation heart grade redwood or equal, orsome other material of equal durable and waterproof qualities approved by the Health 0fficer.~ (b) DRAINS. The effluent from the septic tank ~ust discharge into an approved absorption field. The construction shall be such that the sewage shall at no time flow over the tpp of the ground. The absorption field shall be laid at a grade of not more than two (2) inches in one hundred (lO0) feet. The effluent lines shall be laid in a trench at least ~venty-four (2~) inches wide, which has a layer of one to two inch loose rock on the bottom at least twelve (12) inches deep and at least four (~) inches over the top of said -2- effluent lines. The minimum length of the effluent leaching lines shall be one hundred and twenty-five (125) feet. Addi- tional length of effluent line may be required by the Health Officer if unusual conditions are encountered. In any case where the topography or area of any lot, piece or parcel of land upon which a septic tank iserected, maintained, construc-I ted~ or is proposed to be erected~ maintained or constructed, is such that the minimum requirements for the length of effluent leaching lines cannot be complied with the Health Officer may grant a special permit for the erection, construction or main- tenance of shorter effluent leaching lines, or other means of effluent disposal, if in his judgment such other means or shorter effluent lines are sufficient to provide for the disposal of the effluentswithout endangering public health or safety. (c) CESSPOOLS.' It shall be unlawful to use a cesspool for the disposal of sewage without a permit from the Health Officer. (d) SEWERWELLS.' All sewer wells are hereby declared to be a public nuisance. It shall be unlawful~ to drill, construct~ maintain or operate a sewer well~ and such an offense shall constitute a misdemeanor. 2. At any residence, place of business, or other building where there is installed a water flush system of sewage disposal, which is not connected to a public sewer system, and where the customary users exceed fifteen (15) in number', there shall also be established or in- stalled a private sewage disposal plant~ the plans and construc- tion of which~ in each separate case, shall be approved by the Health Officer. B. Pit Privy. 1. It shall be~unlawful to use a pit privy for the disposal of sewage without ~ permit from the Health Officer. Whenin the opinion of the Health Officer the conditions permit the disposal of sewage by means of a pit, privy~ said privy, if established or installed, shall be so con- structed~ built~ rebuilt~ or maintained that: (a) The privy shall be placed ata distance approved by the Health Officer from all wells~ streams and dwellings; ib) The sewage deposited therein shall not fall upon the surface of the g round~ but shall enter into a vault or pit in the ground or a compartment built for that purpose; (c) Said vault and building thereon shall at all times be inaccessible to insects~ rodents, or other animals~ (d) The pit vault or compartment, together with the floor riser seat and other portions of the building shall as a uni~ prevent the entrance of either rain or surface water into the pit bel0w; (~) All privy buildings shall be kept in clean and sanitary conditions at all times; 2. Chemical p~ivies, septic privies, concrete · vaul~ privies or other privies not hereto- fore mentioned may be used only~h the special permission of the Health Officer. SECTION ~:" It shall be unlawful' for any person, firm or cor- poration to construct, build, or rebuild any residence,' place of residence~ or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first submitting plans of the means of sewage disposal to the Health Officer, and obtaining a permit jtherefor as herein provided. Such plans shall include the pl0t plan of the premises with sufficient elevations, the size~and type of ~eptic tanks, and a plan of the absorption field, g~ving all dimensions and other pertinent information. Every applicant for a permit shall pay to the Health Officer for each ~ermit issued and at the time of issuance a fee of Five ($5.00) ~or each sewage disposal system. SECTION 7: No building permi. t asrequired by OrdinanCe No. ~ , and any amendments thereto, shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the Health Officer of the plan df the means of sewage disposal for said building. ~ SECTION 8: No Certification 'of Occupancy shall be issued for any building which is not connected to an approved public sanitary sewer without t~e written approval by the Health Officer of the means of sewage diisposal for said building. SECTION 9: It shall be the duty of the.Health Officer to enforce the provi~sions of this Ordinance, and in the performance of this duty the Health Officer or his duly authorized agent is hereby authorized to enter at any reasonable hour any premises as may be'necessary in the enforcement of this Ordinance. SECTION lO: Any person~ firm for corporation who violates or refuses or fails to comply with any of the pro- visions of this Ordinance shall ~e guilty of a misdemeanor and shall be punished upon conviction by a fine of not less than Twenty-Five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars or by imprisonment in the County Jail for not more than Six (6) months or by both such f%ne and imprisonment. SECTION ll: If any section, sub-section, paragraph, sentence, clause or Rhrase of this Ordinance is for any reason held to be Unconstitutional or invalid, such decisioh shall not affect the validity of'the remaining portions of this Ordinance. The Council of the City of SaratOga hereby declares that it would have passed this Ordinance and e~ch section, sub-section, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, ~ub-sections~ paragraphs, sen- tences, clauses or phrases be declared unconstitutional or ~ECTION 12: This Ordinance s~all not be construed as imposing upon the City of!Saratoga any liability or res- ponsibility for damage resulting from the defective construction of any sanitary disposal system~as herein provided, nor shall the City of Saratoga or any official or employee thereof be held as assuming any such liability Or responsibility by reason of the inspection authorized thereunder. SECTION l~: This Ordinance is hereby declared to be an emergency and urgency measure for the immediate preservation of the public peace, health and safety, and shall take effect immediately on itsmpassage. The facts constituting such emergency are as follows: The City of Saratoga has recently become an in- corporated general law City in the County of Santa Clara, State of California, and owing to the:terminati'on of County jurisdiction over said area the regulation of matters hereinabove set forth will be lacking within said area until a city ordinance becomes effective concerning the same. The present and Sxpected influx of people into the City of Saratoga and thepresent and proposed building within the same require the immediate Bupervision of sewage disposal to prevent unsanitary situations imminently dangerous to the public health and safety. This Ordinance w~s regularly introduced and after the wait- ing time required by law was thereafter passed and adopted the ~.~ day of .~~-~ 1956, by the following vote: AYES~: Councilmen Brazil, Jepsen, ~'~n~ill, R0s~sce, Willjams NOES: ~one ABSENT: None The above and foregoing is a true and c~rrect .