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HomeMy WebLinkAbout1057ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH RENUMBERING ARTICLE 18 OF CHAPTER 2 OF DIVISION 3 OF THE UKIAH CITY CODE, AS ARTICLE 19, AND ADOPTING A NEW ARTICLE 18, ENTITLED: SEWER LATERAL TESTING The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Article 18 of Chapter 2, Division 3 of the Ukiah City Code is hereby renumbered as Article 19. SECTION TWO. A new Article 18 is hereby added to Chapter 2, Division 3 of the Ukiah City Code to read as follows: ARTICLE 18. SEWER LATERAL TESTING SECTION' §3798.05A §3798.05B §3798.05C §3898.05D §3798.05E Purpose, Policy and Administration Applicability Sewer Lateral Testing Sewer Lateral Testing Upon Change in Ownership Severability ARTICLE 18. LATERAL TESTING REQUIRED 3798.05A: PURPOSE, POLICY, AND ADMINISTRATION' Ao The purpose of this Article is to reasonably insure the soundness of the sewer collection system in order to prevent infiltration, ex-filtration and to insure that both new and existing sewer laterals comply with the provisions of this Chapter, to better protect the City of Ukiah Sewage Treatment Plant ("Plant") and the environment. The Director has the authority to alter the testing methods prescribed herein, if such methods are impractical, because of the nature or physical location of the lines to be tested. PAGE ! o£ 5 Bo This Article shall apply to the City of Ukiah and to persons outside the City who, by contract or agreement with the City, are users of the City's Plant. §3798.05B: APPLICABILITY: A. All new connections to the public sewers shall be tested in accordance with the provisions of this section, to include gravity and pumped sewer services. No person shall use or introduce wastewater into the public sewer until the service lateral has passed a test as specified in Section 3798.05C. B. No existing service lateral shall be allowed to remain connected to the public sewer which is incapable of passing a test as specified in Section 3798.05C. C. All service laterals connected to a sanitary sewer, including laterals serving residential, multi-family residential, commercial or industrial uses, shall be cleaned and tested in accordance with Section 3798.05C, upon the occurrence of any of the following: o Remodeling of the house, building or property served, where the cost of the improvements exceeds fifty percent (50%) of the assessed value of the property, as determined by Mendocino County Assessor, or , Installation of additional toilet facilities in the house, building or property served, or . Change of use of the house, building or property served from residential to commercial, or from non-restaurant commercial to restaurant commercial, or . Upon repair or replacement of all or part of the sewer lines connecting the building or property to the sewer main, or . In connection with a change of ownership of any house, building or property served and prior to the recordation of any deed or other conveyance document, or , Upon the determination of the Director that the cleaning and testing is required for the protection of the public health, safety and welfare. D. Testing and inspection of the building sewer, lateral sewer and connections shall be conducted using one or more of the following methods: PAGE 2 o£ 5 , 2. 3. 4. 5. 6. 7. Visual inspection TV inspection Smoke testing Flow monitoring Air pressure testing Exfiltration testing Other similar inspection or testing methods as approved by the City Engineer. §3798.05C: SEWER LATERAL TESTING' A, Testing shall be performed by a licensed plumber and or contractor under the supervision of the City Engineer/Inspector. , The property owner or his/her contractor shall obtain a sewer lateral inspection/testing permit from the Director of the Public Utilities Department, or his or her duly authorized designee, or an alternative city official designated by the City Manager ("Director"), prior to commencing with the testing procedure. The applicant shall use an application form adopted by the Director and shall pay any application fee in accordance with a resolution of the City Council. The fee may reimburse the City for the cost of administering this ordinance, including the cost of conducting and supervising and reviewing the results of inspections and tests required by this Ordinance. The application and permit forms adopted by the Director shall require such information and agreements from the applicant as will insure compliance with the inspection/testing requirements of this ordinance. 2. Access to the sewer lines to be tested and conditions necessary to conduct the test shall be made ready prior to scheduling a Sewer Lateral test. B. Failure of Test. 1. Responsibility for Repair/Replacement of Buildinq Sewers, Lateral Sewers and Connections. a. It shall be the responsibility of the property owner to repair and/or replace any building sewer which has been found through testing and/or inspection to exhibit conditions which would permit infiltration to enter the sewer system. b. A permit shall be obtained from the Director and work initiated to repair and/or replace any building sewer found to be a source for infiltration pursuant to this ordinance within thirty (30) days of initial testing, unless a written extension is granted by the City Engineer/Inspector. PAGE 3 of 5 2. Inspection and Retestinq of Buildinq Sewers. Upon completion of the repair and/or replacement of the building sewer, a re-inspection shall be conducted by the City Engineer/Inspector. Retesting of the sewer lateral shall be at theiscretion of the City Engineer/Inspector. This process shall continue until the lateral passes the required test. 3. Lateral Certification. Once the lateral has successfully passed the testing procedure, the City Inspector witnessing the test will sign the appropriate form adopted by the Director. §3798.05D: LATERAL TESTING UPON CHANGE IN OWNERSHIP: A. Change in Ownership and Testing. 1. Whenever any property is subject to a change in ownership, and the property includes any buildings or structures constructed more than one (1) year prior to change of ownership of the property, the sewer lateral(s) to the property shall be tested for infiltration and all necessary repairs or replacements performed to prevent infiltration shall be completed prior to the recordation of the instrument causing the change in ownership. . An inspection certification signed by an authorized City Inspector must be filed with the Mendocino County Recorder before the recorder may accept the conveyance document for recordation. It is the responsibility of the seller or grantor to repair or replace or otherwise remedy infiltration of inspected sewer lines and laterals prior to transfer of property connected to the city sewer system. , A "change in ownership" means a transfer of a present interest in real property, including the beneficial use thereof, the value of which is substantially equal to the value of the fee interest, where any consideration is paid to the grantor for the conveyance or transfer. B. Exceptions: This section shall not apply to: 1. Any condominium or cooperative apartment building; 2. Any building where the Director, or his or her authorized representative, determines that testing and/or repairs have been performed to City standards within the last five (5) years. PAGE 4 of 5 §3798.05E: SEVERABILITY: If any part or parts of this Article shall be held to be invalid, such invalidity shall not affect the remaining parts of this Article. The City Council declares that it would have passed the remaining parts of this Article, if it had known that such part or parts thereof would be declared invalid. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on September 1,2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Rodin, Andersen, Smith, and Vice-Mayor Baldwin None Mayor Larson None Adopted on September 15, 2004 by the following roll call vote' AYES: NOES: None ABSENT: None ABSTAIN: None Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson Eric Larson, Mayor ATTEST: ~ordon Elton', City Clerk PAGE 5 of 5