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HomeMy WebLinkAbout549 ORDINANCE 549 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE VI, CHAPTER 4, ARTICLE 1 "SEWAGE DISPOSAL" OF THE LOS ALTOS HILLS MUNICIPAL CODE AND AMENDS BY REFERENCE PROVISIONS OF THE SANTA CLARA COUNTY ONSITE WASTEWATER TREATEMENT SYSTEMS ORDINANCE The City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: WHEREAS, the Town of Los Altos Hills ("Town") defers to the County of Santa Clara for regulation of onsite wastewater treatment and dispersal system; and WHEREAS, the County of Santa Clara Department of Environmental Health (DEH) implements State-mandated and local programs to protect human health, safety, and the environment related to onsite wastewater treatment systems (OWTS); and WHEREAS, State Water Resources Control Board requirements (AB 885) identify minimum local agency (ordinance) standards for new construction, repairs,performance measures, and maintenance requirements of OWTS; and WHEREAS, the Santa Clara County Board of Supervisors has adopted an updated Chapters IV and V of Division B 11 of the Santa Clara Ordinance Code for onsite wastewater treatment systems (OWTS), including alternative onsite wastewater system technologies; and WHEREAS, Government Code § 50022.2 authorizes cities to enact ordinances adopting any code by reference; 1. Article 1, Chapter 4, Title 6 of the Los Altos Hills Municipal Code, "Sewage Disposal" is hereby amended to read as follows: Title 6 Sanitation and Health CHAPTER 4. Sewage Article 1. Sewage Disposal 6-4.101 Definitions. For the purposes of this chapter,.unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Building Inspector means the Building Inspector or his or her assistants. Health Officer means the County Health Officer, his or her assistants, or authorized deputies acting as Health Officers of the Town. Town standards means those standards relating to individual sewage disposal system design, construction, and/or maintenance described in Chapters IV and V of Division B 11 of the Santa Clara Ordinance Code, except for the additions, deletions and amendments hereinafter Ordinance No.549 Page 1 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 Town. 6-4.102 Section Public sewers—Connections required when available—Exceptions. Section B11-62 of the Santa Clara County Ordinance Code is amended to read as follows: All existing buildings where persons reside, congregate, or are employed shall be required to be connected to an approved public sewer when such sewer is within 200 feet of the property line, except when the existing means of sewage disposal is functioning in conformance with the requirements of this chapter and the Town Standards and to the satisfaction of the Health Officer. All new residences and major additions shall be connected to an approved public sewer when such sewer is within 200 feet of the property line, except when the elevation of the existing sewer main does not facilitate gravity flow and is not subject to a sewer reimbursement agreement. Sewer connection exceptions are subject to the approval of the City Engineer and/or the Health Officer. 6-4.103 House sewers. Every house sewer shall end in a wye branch connecting to the house drain. The Wye shall be brought up to the ground level and be closed by a cap and shall be available as a cleanout. (§ 20, Ord. 136) 6-4.104 Private systems—Required in lieu of public sewers—Conformance to standards. Every residence, place of residence, or other building or place where persons congregate, reside, or are employed which is not connected to a public sewer system shall be provided with a private sewage disposal system. Such sewage disposal system shall be built, rebuilt, constructed, altered, reconstructed, repaired, and maintained in such a manner as to meet the requirements of this chapter and in accordance with the Town standards. (§ 5, Ord. 136) 6-4.105 Private systems—Existing—Failing—Repairs required. Owners or residents on premises with existing private sewage disposal systems which are failing or where failure may appear imminent and where a public sewer is not readily available shall repair, modify, and/or expand such system upon the order of the Health Officer. The modification and/or expansion shall be such as may bring about correction of the failure or elimination of the imminent failure. 6-4.106 Private systems—Existing—Failing—Reports. All sewage disposal system failures shall be reported within ten(10) days of their occurrence to the Town by the owner or resident. (§ 17, Ord. 136) 6-4.107 Private systems—Plans—Review—Inspections. Ordinance No.549 Page 2 The Health Officer shall review all plans for proposed sewage disposal installations and all plans for proposed alterations, improvements; or expansion of existing sewage disposal installations and shall make all necessary site inspections to determine conformance with the provisions of this chapter. 6-4.108 Private systems—Fee. The applicant for a septic tank permit for new construction or for an existing system modification or expansion shall pay to the Health Officer for each permit a fee as established by the county for that purpose. 6-4.109 Liability. The provisions of this chapter shall not be construed as imposing-upon the Town any liability or responsibility for damages resulting from the defective construction of any sanitary sewerage disposal system, nor shall the Town, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspections authorized by the provisions of this chapter. (§ 25, Ord. 136) 6-4.110 Enforcement. It shall be the duty of the City Manager, on a recommendation of the Health Officer,to enforce the provisions of this chapter; and, in the performance of this duty,the City Manager,the Health Officer, or any duly authorized agent of either is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of.the provisions of this chapter and to make investigations, including the taking of samples and conducting of dye tests. (§ 21, Ord. 136) 6-4.111 Appeals. Any person aggrieved by a determination of any administrative official may appeal such determination to the Council by filing a written notice of appeal with the City Clerk within ten (10) days after receiving a notice of the determination of the administrative official. There shall be paid a nonrefundable filing fee for each such appeal, and, in addition thereto, there shall be paid a deposit for services. The City Clerk shall put the matter on the next open agenda for a hearing at a regularly scheduled Council meeting. The amounts of the filing fee and deposit shall be set by resolution. (Res. 535 and § 27, Ord. 136; § 10; Ord. 328, eff. October 6, 1989) 6-4.112 Violations—Penalties. Any person violating or refusing or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. (§ 21, Ord. 13 6) NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any -person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, Ordinance No.549 Page 3 including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 2. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills as required by law. INTRODUCED: March 20, 2014 PASSED: April, 17 , 2014 AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTENTIONS: None ABSENT: None BY: ayor ATTEST: - City Clerk` APPROV AS TO FORM: City Attorne Ordinance No.549 Page 4