7.04.375 Private Sewer Repair.
A. Requirements Generally.
1. All sewer lines, lift stations, and appurtenances from the building wall to and including the connection to the Public Sewer Main are the property of the owner of the parcel upon which the connected building is sited. All property owners whose properties are connected to a Public Sewer Main or otherwise connected to the District’s sewer system by a Private Sewer Lateral shall, at their own expense, maintain the Private Sanitary Sewer Collection System and Private Sewer Lateral in a fully functioning condition and ensure the lines are free of cracks, fractures, voids, leaks, inflow or infiltration of extraneous water, exfiltration of sewage, root intrusion, obstructions, offset joints, sub-standard materials, faulty mainline connections or other defects identified by the District. Property owners shall ensure that lines drain freely to the Sewer Main without excessive sags that collect grease and sediments. Owners shall also ensure that pump or lift stations are maintained in proper working order.
2. Owners of Private Sewers shall ensure that they are maintained per Section 7.04.325.
3. Private Sewer Repair.
a. Should more than two overflows occur within a six-month period, it is required that the Private Sewer be video recorded and repaired or replaced and certified in writing, by a licensed plumber, to be in good working condition and free of obstructions and/or breaks.
b. Before close of escrow (in transfer of title sales only), any property that includes buildings or structures, connected to a Private Sewer Lateral, constructed more than twenty years, before the date of sale and has not had its sanitary sewer system inspected and approved by the District within the past twenty years, shall have the sanitary sewer system video inspected and evaluated by a licensed plumber, using the District’s current inspection report. The District shall consider an acceptable video inspection valid for a period of one year from the date of the recording. The District shall determine if the Private Sewer is in good working order and free of the conditions listed in subsection (A)(3)(c) below. The testing/inspection and repair, where required by the District, shall be the responsibility of the seller, nontransferable to the buyer. The District will not assume responsibility for costs of the testing and/or repairs. Requirements of this ordinance must be disclosed by the seller to the buyer in a timely manner prior to the close of escrow. The District shall have ten working days from the date of the plumber’s inspection report and video submittal to provide review comments to the plumber. If the District finds that the submitted video and inspection report are not complete or do not meet District standards, the District shall have ten working days from the date of the completed resubmittal to provide review comments.
1. Option to Transfer Seller’s Responsibility to Buyer. Before the sale of property, the seller and buyer of the property may mutually agree to transfer the responsibility for making any needed repairs to the Private Sewer Lateral in compliance with this chapter, to the buyer. In the event the buyer agrees to assume responsibility for repairing the Private Sewer Lateral, the seller shall provide the inspection video and inspection form (reviewed by the District) to the buyer, which indicates the repairs needed to meet the District’s standards. The buyer shall then complete the repairs to meet the District’s standards no later than ninety calendar days after the date of the Transfer of Responsibility is accepted by the District. Before the time of sale, the seller and buyer shall complete the following procedures:
i. Both the seller and buyer shall sign a Transfer of Responsibility to Repair Form certifying that the seller has completed an inspection, obtained repair requirements from the District, and that the buyer has assumed responsibility for these required repairs; and
ii. The signed Transfer of Responsibility to Repair form must be accepted by the District before the close of escrow and included in the real estate transfer documentation.
Verification of Compliance. The seller (or buyer if a valid Transfer of Responsibility to Repair Form exists) shall verify compliance with this chapter by obtaining a completed County of Santa Cruz Sanitation District Permit, stamped and signed by the District Inspector.
c. The Private Sewer must be replaced or repaired if a licensed plumber or the District encounters any of the following during inspection: obstructions, root intrusion, offset or leaky joints, cracks, fractures, voids, breaks, significant sags, damaged or defective cleanouts, inflow and infiltration of extraneous water, exfiltration of sewage, older pipe materials that are known to be inadequate, appurtenances and materials that are defective or sub-standard, damaged Sewer Main connections, other defects identified by the District, inadequate lift or pump stations, and inadequate alarm systems for overflows.
d. An existing Private Sewer Lateral may only be connected to by a new or existing building when video inspection of the Private Sewer Lateral has shown, to the satisfaction of the District Engineer, that none of the conditions in subsection (A)(3)(c) of this section are present. See Section 7.04.090 for additional requirements and exceptions.
e. Before the District will permit a building remodel or building addition, the applicant must provide to the District a video and inspection report for the existing Private Sewer Lateral completed by a licensed plumber per current District requirements. The District will determine if the remodeled building or building addition may be permitted or if repairs or replacement of the existing Private Sewer Lateral are required prior to permitting. Conditions in subsection (A)(3)(c) above are grounds for repairs.
Exceptions:
1. If the applicant can provide documentation proving the entire existing Private Sewer Lateral was constructed and approved by inspection by the District within the twenty years prior to the application date, a video and video inspection report will not be required.
2. This section does not apply to remodels that do not consist of the following:
a. an increase in the square footage of the building; or
b. an increase in the previously permitted plumbing fixture units within the building.
4. Cleanout and Overflow Devices. A cleanout and an overflow device approved by the District Engineer shall be installed and maintained, at the sole expense of the property owner, on all Private Sewer Laterals. In general, the overflow device shall be located as close to the building wall as practical. The installation of the devices shall be required as follows:
a. When building a new structure on a property with an existing sewer system, or when otherwise proposing to connect a previously unconnected structure to an existing Private Sewer;
b. As a condition of approval of any major building remodel project. A major building remodel project is one that increases the square
c. footage of the building or increases the previously permitted plumbing fixture units within the building;
d. Prior to the close of escrow when the property is transferred via sale or other transfer of ownership by deed, instrument or writing; or
e. Whenever the District finds that a sewage spill emanating from a Private Sewer presents a threat to public health, even if it has not flowed across a property line.
B. Civil and Administrative Penalties. The District may impose civil administrative penalties against a property owner who fails to perform any act required in this section, which failure results in an overflow reaching public or private property other than the property owner’s property, according to the schedule outlined in Section 7.04.325(B)(2).
1. The District may impose civil administrative penalties against a property owner who fails to comply with the escrow requirements of Section 7.04.375(A)(3)(b) according to the following: Any person who intentionally violates the escrow requirements of this chapter or any regulations of the District is guilty of a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars, imprisonment not to exceed thirty days, or both. Fines assessed by any judgment made by the District as a result of noncompliance with District standards shall be paid to the District within fifteen days of the date of the assessment.
2. The District Engineer shall have the authority to establish, waive, suspend, or otherwise modify any civil administrative penalty imposed by this section upon a showing that the property owner has satisfactorily repaired the Private Sewer to a degree sufficient to ensure avoidance of further violations or upon a showing by the property owner of severe financial hardship.
3. The District may disconnect any premises from the Public Sewer if required repairs are not made. The District Engineer shall estimate the cost of disconnection of such premises and the cost of reconnecting it thereto, and the owner of the premises shall deposit the cost as estimated of disconnection and reconnection before such premises are reconnected to the Public Sewer. In the event such arrearages are paid and premises are reconnected to the Public Sewer, the District Engineer shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. During the period of non-connection or disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the Board shall cause proceedings to be brought for the abatement of the occupancy of the premises by the human beings. In such event, and as a condition of connection or reconnection, there shall be paid to the District reasonable attorney’s fees and costs of suit arising in the action. (Ord. 141 §5, 2019; Ord. 123 §5, 2010; Ord. 111 §4)