HomeMy WebLinkAbout71.19210/9/98
James:
Here is a corrected set of the ten ordinances that were introduced
on August 5. As you know, all ten ordinances were supposed to be
adopted on September 16. But because the garage dimension
ordinance was not mentioned in or included in the staff report,
Mike said we would have to adopt it separately. That~s why we
adopted it October 7.
The first set I gave you included the garage dimension ordinance
but not the slope ordinance. After the September 16 packet went
out, Mike gave me clean copies of (I thought) all the ordinances
for the signature file. But I realized later that the slope
ordinance was not included, and the garage ordinance was included!
So the slope ordinance was passed September 16 but not signed, and
the garage dimension ordinance was signed September 16 but not
passed.
I have now numbered and dated the slope ordinance and the garage
ordinance correctly and included them in this complete set of the
ten ordinances.
I hope that~s confusing enough.
Betsy
ORDINANCE NO. 7 1- ~ 92
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repealed.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:
"7-10.010 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 B1 I, Chapter II, Article 1 and 2, of the Code of the County
of Santa Clara.
7-10.020. Purpose and Applicability. This Article is enacted for the
pu~ose of:
(a) Assuring that every, building where persons reside.
congregate or are employed. which abuts a street. alley or
utility easement in which there is an approved public
sanitary, Sewer. or the boundary, line of which is within two
hundred (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 to such sewer in the
most direct manner possible. and with a separate
connection for each home or building: and
(b) Establishing standards for the approval. installation.
and operation of individual on-site sewage disposal systems
consistent with the standards of the California Re~onal
Water Ouality Board as set out by the Santa Clara Count,v
El~vironmental Health Services and adopted by the
Saratoga Cikv Council.
7-10.030. Adoption of County of Santa Clara Code Regarding Sewage
Disposal. Division Bi 1, Chapter II, Article I 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.
7-10.040. Additions. Deletions and Amendments. The additions,
deletions and amendments set forth in this Article are made to Division
B 11, Chapter II, Article 1 and 2 only, of the Code of the County of
Santa Clara, as adopted by reference in Section 7-10.010.
7-10.050. Section B11-6 is Amended Concerning Non-Responsibility
oEos_D_amage.
Section B11-6 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 dty or any offidal or
employee thereof be held as assuming any such liability or
responsibility by reason of the inspection authorized hereunder or
by enforcement of this Chapter.'
7-10.060 Section BI 1-8 is Repealed.
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Section B11-8 of the Code of the County of Santa Clara is hereby
repealed.
7-10.070 Section B 11 - 13.2 is Added Concerning Inspection o1[ PrXv~te
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 BI 1-13.2. Connection to Public Sanitary, Sewer or
Inspection of Private On-Site Sewage Disposal System Upon
Transfer of Ownership of Propert,v
(a) No person shall transfer or convey more than fifty
percent of the ownership interest in any real property.
residence. place of business. or other building. located
within two hundred (200) feet of an available approved
public sanitary, sewer. and upon which a private on-site
sewage disposal system exists. without first providing for
connection to the approved public sanitary, sewer to the
satisfaction of the Health Officer. as a condition to dose of
escrow or transfer of ownership of the sub!ect property.
(b) 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 located in
excess of two hundred (200) feet of an approved public
sanitary, sewer. 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.
(I) 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.
(2) The inspection shall be conducted by a
registered civil engineer or a registered
environmental health specialist, or any other
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individual who is determined by the Health Officer
.to be qualified to perform such inspection.
(3) The report of the inspection shall be submitted
to the Health Officer aS a condition to close of
escrow or transfer of Ownership of the subject
propetty.'
7-10.080. 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. Whe~n.Conne.c. tion to PUblic Sanitary, Sewer
is Required. , ~ ,
(a) The Health Officer shall w, ay ord. er 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 approved public sanitary sewer fadlity
available within two hundred (200) feet of the boundary
line of such property, to connect thereto or vacate or cause
to be vacated such premises within a spedfled period of
time, not to exceed 180 days. The notice shall also provide
that. if the owner or occupant desires consideration by the
Health Officer of an extension of time to connect to the
public sewer fadlity, the owner or occupant shall submit a
written report summarizing the results of an inspection of
the private system to the Health Officer. The inspection
shall be for the purpose and conducted in the manner set
forth in Section B11-13.2 (b)(1) and (2) of the Code of
the Count,v of Santa Clara. as added by Section 7-I0.070.
Failure to submit the inspection report and request for
extension or to cause connection to the approved public
sanitary sewer facility. within forty-five days of the date of
notice, shall result in the City recording a Notice of Non-
Compliance against the property.
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(b) The City Council, Health Officer, after receiving
evidence from the Heakh-Of6eer, owner or occupant, may
declare and determine that the continued use of an existing
on-site sewage disposal system is and could reasonably be
expected to remain adequate for treatment and disposal of
sewage for a period of time not to exceed five(5) years,
without constituting a public nuisance by reason of the soil
conditions, damage conditions, the degree of urban
development in the area and the type and condition of the
particular sewage disposal system in question.
(c) As a condition to the determination made under
section (b) , the owners of th'e 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 apcci,qcd the time not
to p ~ d ...... ~ e ......... c .... k ~ ~ .... c ....
dctc,-w, lnation or determined by the Health Officer
pursuant to section (b). not to exceed five (5) years
from the date of such determination, or upon
demand of the Health Officer, whichever date comes
~ b d p th d Ac ....L
rst, ase u on c a etermination ,,. ~.~.
that one or more of the conditions retired in 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 fights in and to such property
of the existence of such a covenant and the
performance or nonperformance thereof prior to
such purchase or transfer.
(d) The five year maximum time period set forth in
section (b) may be extended by the City Coundl only
upon a determination of finandal hardship.'
7-10.090. Section B11-29.1 is Amended Concerning Recordation of
Notice of Violation.
Section B11-29.1 of the Code of the County of Santa Clara is amended
to read as follows:
'Section BI 1-29.1. 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
Cottory 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.'
7-10.100. Section B11-30 is Amended Concerning Appeals.
Section B11-30 of the Code of the County of Santa Clara is amended to
read as follows:
'Section 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 made to the Board of
Appeals by filing a written appeal in accordance with the
provisions in Section 3-15.080 of the Code of the City of
Saratoga."
7-10. 110. 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- 11, 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.'"
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~ 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 19th day of May , 1999,
by the following vote.
AIFES: Councilmembers Baker and Mehaffey, Mayor Shaw
NOES: None
ABSENT:- Councilmember Streit, Vice Mayo~o72n_~
ATTEST:
City Clerk
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