HomeMy WebLinkAbout2007-21 Sus.Insp.&Rep.Ord.SLRESOLUTION NO. 2007-2'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
DIRECTING STAFF TO SUSPEND ENFORCEMENT OF SEWER
LATERAL INSPECTION AND REPAIR ORDINANCE
WHEREAS,
1. The City of Ukiah ("City") has adopted Sections 3799.1-3799.7 of the Ukiah City
Code, requiring the inspection and repair of sewer laterals upon a change in ownership of
a property served by a sewer lateral, upon the issuance of a building permit to remodel
structures on such a property, and upon other "triggering events"; and
2. These City Code sections were adopted, in part, to comply with sections 111(6)(b )
and 111(6)(c) of the Consent Decree in RiverWatch v. Ukiah etal. (N.D. Cal.) Case No. CV-
04518-CW ("River Watch"); and
3. Pursuant to a stipulation among the City, the Ukiah Valley Sanitation District
("District") and River Watch, on May 30, 2007, the federal district court in River Watch
issued an order suspending the obligation of the City and the District to comply with
sections 111(6)(b ) and 111(6)(c) until November 1,2007, to allow the City and the District time
to analyze the feasibility of developing an alternative sewer lateral inspection and repair
program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
1. Except for the inspection requirements contained therein, enforcement of Ukiah
City Code Sections 3799.1-3799.7 is hereby suspended until November 1, 2007 ("the
Suspension Period").
2. City staff is directed to notify realtors, title companies and other interested parties
of the suspension and to post notice thereof on the City's website.
3. During the Suspension Period a triggering event will require the inspection but
not the repair of the sewer lateral serving the lot or parcel subject to that event.
4. If the City and River Watch agree to an alternative sewer lateral inspection and
repair program, the City Council may extend the Suspension Period to allow sufficient time
to receive federal court approval for an amendment to the Consent Decree and to adopt
appropriate amendments to the Ukiah City Code.
PASSED AND ADOPTED this 6th day of June, 2007, by the following roll call vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
.. ATTEST:: ,~-'~
Linda Br"own, De~puty City Clerk
Councilmembers Thomas, Crane, McCowen, and Mayor Rodin
Councilmember Baldwin
None
None
ivlarl I-<,oaln, Mayor