HomeMy WebLinkAbout2007-39 sewer lat suspensionRESOLUTION NO. 2007-39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
EXTENDING THE PARTIAL SUSPENSION OF THE
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 III(6)(b )
and III(6)(c) of the Consent Decree in River Watch v. Ukiah et al. (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 I I I(6)(b) and I I I(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; and
4. The City Council adopted a resolution establishing a partial suspension until
November 1, 2007: and
The City has reached an agreement with River Watch to amend the Consent
Decree;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
1. Enforcement of Ukiah City Code Sections 3799.1-3799.7 is hereby suspended
until a new sewer lateral inspection and repair program is implemented in accordance with
the agreed upon amendments to the Consent Decree ("the Suspension Period").
2. City staff is directed to update the notice of that suspension 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.
Resolution No. 2007-39
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PASSED AND ADOPTED this 29th day of October, 2007, by the following roll call vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin
None
None
None
"'ATTEST:. '` _
,~
_-
- ~,~
LI .Brown, ~ Clerk
Mari Rodin, ayor
Resolution No. 200739
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