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HomeMy WebLinkAboutOrdinance 246 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 246 introduced on first reading by the Atascadero City Council at a regular meeting thereof held on January 12, 1993 and being considered for final adoption on January 26, 1993. DATED: LEE RABOIN City Clerk City of Atascadero, California ORDINANCE NO 246 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 7 OF THE CITY MUNICIPAL CODE (SANITATION ORDINANCE) (City of Atascadero) WHEREAS, the City of Atascadero adopted an Ordinance establishing the Wastewater Division of the Public Works Department, and Setting Rules and Regulations Thereto (Ordinance No. 181) ; and WHEREAS, the City Council is desirous of amending its wastewater regulations; and WHEREAS, the proposed amendments promote the public health, safety and general welfare; NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Title 7 of the City of Atascadero Municipal Code is hereby amended as shown on the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. Ordinance No. 246 Page 2 On motion by Councilmember Bewley and seconded by Councilmember Luna, the foregoing Ordinance is approved by the following role call vote: AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo NOES: None ABSENT: None DATE ADOPTED: January 26, 1993 By: - ROBERT P. NIMMO, Mayor City of Atascadero ATTEST: yut� LEE BOIN�City Clerk '+ APPROVED AS TO FORM: ART R ONT DON, City Attorney APPROVED AS TO CONTENT: <ZA"' Loo Lr GREG*LUKEA Dir. of Pjfblic rks ORDINANCE NO. 246 EXHIBIT A PAGE 1 EXHIBIT A TO ORDINANCE NO. 246 AMENDING TITLE 7. OF THE ATASCADERO MUNICIPAL CODE Chapter 1. GENERAL PROVISIONS 7-01.003 Liability for Violations: Any person violating any provision of this Ordinance shall be liable to the City for all damages to City property and or fines levied resulting therefrom. A violation of any provision of this Ordinance is a misdemeanor. Penalties for violation of this ordinance shall be set forth in Chapter 3 of Title 1 of this Code. Chapter 2 . DEFINITIONS All code numbers assigned to individual definitions shall be deleted from the code. The following definitions are to be integrated and alphabetized with existing definitions Biochemical Oxygen Demand (BODJ : The quantity of oxygen utilized in the biochemical oxidation of organic matter, after 5 days, using standard laboratory procedures and expressed in milligrams per liter (MG/1) . Domestic Wastewater: . Water bearing only those wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal to, and treatment at the City Wastewater Treatment Plant. Grease: All fat, grease, oil, wax or other trichlorotrifluoroethane soluble matter of animal, vegetable, petroleum or mineral origin. Industrial User: A person who discharges nondomestic wastewater into the City sewer system. Person: Any individual, firm, company, association, society, corporation, group, governmental agency or educational institution. CHAPTER 3 . SEWER CONNECTION REQUIRED: SEPTIC TANK ABANDONMENT 7-3 . 002 The City Council hereby finds and declares the maintenance or use of ee__peels septic systems and other local means of sewage disposal within the City Urban Services Line to constitute a public nuisance, and finds it to be in the public interest that property to which a public sewer is available be required to connect thereto. ORDINANCE NO. 246 EXHIBIT A PAGE 2 7-3.006. Cease and Desist Areas: Connection required. Any "building" located or proposed to be constructed in an area where on-site sewage disposal systems have been prohibited by the Regional Water Quality Control Board shall be required to connect to the public sewer, without exception. (Ref. California Health and Safety Code sections 5410-5415. The Porter-Cologne Water Quality Control Act, Chapter 4, Article 5 and Chapter 5, Article 1. ) 7-3.007. Notice to connect to the public sewer. For existing "buildings", it shall be the duty of the Director of Public Works or his authorized representatives to notify such person or persons to connect to the public sewer and properly abandon any on-site sewage treatment/disposal system. Such notice is to be delivered by certified mail. (a) In the event the person or persons owning any building required to connect to the public sewer in accordance with the provisions of this chapter, fails to connect to the public sewer in the manner provided in this chapter, the Public Works Director shall request that the City Council authorize the mailing of written notice of the required sewer connection to all persons owning property described in the resolution. Such written notice shall be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the City Council. 7-3.008. Form of notice. The notice shall be substantially in the following form: NOTICE TO CONNECT TO THE PUBLIC SEWER SYSTEM Notice is hereby given that on the day of , 19 , the City Council passed a resolution declaring that this building" shall connect to the public sewer system and properly abandon any on-site sewage treatment/disposal system. Otherwise the City will connect said residence and have properly abandoned any on-site sewage treatment/disposal system and all costs of connection and abandonment plus 25% for overhead and all applicable fees assessed upon the property upon which the work was performed, will constitute a lien upon such property until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the Department of Public Works. ORDINANCE NO. 246 EXHIBIT A PAGE 3 All property owners having any objections to the proposed mandatory connection are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held , when their objections will be heard and given due consideration. Dated this day of , 19 Director of Public Works City of Atascadero 7-3.009. Election to have connection/abandonment performed by the city. Property owners may elect to have connection/abandonment performed by the City. Property owners electing to have the City perform the connection/abandonment shall enter into a contract with the City agreeing to the provisions in section 7-3.012 and shall be assessed fees according to the provisions set forth in section 7- 3.013 of this ordinance. 7-3.010. Hearing of objections. At the time stated in the notices, the Council shall hear and consider all objections to the proposed mandatory sewer connection. At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of connection/abandonment. The decision of the Council is final. 7-3.011. Order to Connect. If objections have not been made or after the Council has disposed of those made, it shall order the Director of Public Works to conduct the work of connection/abandonment. 7-3.012. Connection and on-site system abandonment by the City. In the event the person or persons owning the property required to connect to the public sewer system fail to connect to the public sewer system and properly abandon any on-site sewage treatment/disposal system in accordance with provisions of this chapter within six (6) months after the hearing of objections and order to connect to the public sewer system, it shall be the duty of the Director of Public works to expressly authorize city employees and/or contracting agents to enter upon private property for such purpose to connect the building to the public sewer system and properly abandon any on-site sewage treatment/disposal system. This work will be conducted in such a manner so as to minimize damage to existing landscape and structures. However, the city shall assume no responsibility for incidental damage done or for the return of the work site to it's original condition. It shall be unlawful for any person to interfere, hinder, or refuse to allow ORDINANCE NO. 246 EXHIBIT A PAGE 4 them to enter upon private property for such purpose in accordance with the provisions of this chapter. Any person owning such residence in the City shall have the right to connect to the public sewer and abandon any on-site sewage treatment/disposal system, at his own expense, at any time prior to the arrival of the Director of Public Works or his representatives for such purpose. 7-3.013. Account and report of cost of connection. The Director of Public Works shall keep an account of the cost of connecting each building to the public sewer, the cost of abandoning any existing on-site sewage treatment/disposal system and all applicable fees associated with each connection. An itemized written account, showing such cost, shall be submitted to the Council for confirmation. This account shall identify and refer to each building in a manner sufficiently reasonable to identify the same. This account shall include all expenses proposed to be assessed against each property, including the property owners share of the cost of extending the public sewer system to serve the building mandated for connection. All or part of this entire sum may be paid at the time of owner notification. Any portion of the amount assessed each property owner not repaid upon owner notification shall become a lien on said property which shall be repaid to the City through a municipal tax assessed over a fifteen (15)_ year period at a ten (10) percent annual rate of interest. Any portion of the amount assessed not repaid, upon transfer of property ownership shall be repaid in full. 7-3.014. Notice of report and hearing. The Public Works Department shall post a copy of the assessment list on or near the door of the Council meeting room, together with the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The posting shall be for at least five calendar days prior to the submission to the Council. 7-3.015. Hearing of report: Modification: Confirmation of report. At the time and place fixed for receiving and considering the report, the Council shall hear the same, together with any protests or objections of the property owners liable to be assessed for connection. Upon the conclusion of such hearing, the Council shall then confirm the report by motion and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive. 7-3.016. Report to Assessor and Tax Collector: Filing copy of report with County Auditor. A certified copy of the report shall be filed with the County Auditor on or before August 10th of each year for entry of such assessments on the County tax roll. In the event that the report ORDINANCE NO. 246 EXHIBIT A PAGE 5 cannot be prepared in time for the County Auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the County Auditor before August 10th of the succeeding year. 7-3.017. Collection of assessment: Penalties and procedures for foreclosure. The amount of the yearly assessment for connection and reimbursement shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. CHAPTER 4. PERMITS AND CONNECTION FEES 7-4. 09 Sewer Annexatleff Extension FeeIn addition to such fees as shall be assessed for sewer connection and sewer taps, applications for sewer service shall be assessed a sewer annexatien extension fee, subject to the following exceptions and applications of Section 7-4. 010, as follows 7-4 . 010 Sewer nnexat e„ Extension Fee: Exception Exception to and application of annexat extension fees will be as follows: (a) A vacant lot presently inside Maintenance District No 1 where sewer is available will be exempt from payment of an ! extension fee. (b) Where a lot inside Maintenance District Number 1 is subject to a lot-split, and the .,at extension fee has not been previously paid, the applicant shall pay an annematien extension fee for all but one lot in addition to such other fees as shall be required according to the City of Atascadero.. (c) Areas designated Cease and Desist and adjacent areas covered by a Health Officer's letter will be exempt from new charges and increase in annexati extension fees, but will pay the fees in effect prior to passage of this ordinance - eight hundred fifty (850) dollars. CHAPTER 5. PUBLIC SEWER EXTENSIONS 7-5.001 Procedures Extensions of the public sewer system of the Wastewater Collection Facilities shall be made as follows: (a) Any person desiring an extension of the public sewer system shall make a request in writing to the City for a preliminary investigation of the feasibility of said ORDINANCE NO. 246 EXHIBIT A PAGE 6 extension. if saidsewerextensleTns-Teasible, the C'i ty shall prepare—a- prellminary estinate e€—the eest ef said extenslen-,- .t er. (b) Requestor shall submit improvement plans of the proposed extension, prepared by a Registered Civil Engineer in the State of California, for approval by the City Engineer. (c) The person requesting said extension shall execute and file a written Sewer Extension Performance Agreement, the terms of which shall be subject to approval by the City Council, whereby said person agrees to complete all required improvements at his expense and to the satisfaction of the City Engineer, within the time period specified within the agreement. Said person further agrees to provide the City Engineer with a detailed cost break-down of his actual expenditures for any improvements authorized in the agreement. The agreement shall also provide for inspection by the City Engineer, or his designated representative, of all improvements, and reimbursement of the City by the requestor, for the costs of the inspection. The City will invoice the requestor for such inspection costs and any amount unpaid €ems--sue' __L_-moi air-oasts and any_-a uat unpa+&- thirty (30) days from the date of the City's invoice shall bear interest at ten (10%) percent per annum beginning within thirty (30) days after the date of the invoice. The Sewer Extension Performance Agreement may also provide: (1) for the construction of the improvements and units; and (2) for an extension of the time under conditions that are unspecified. No extension of time shall be granted except upon certification by the City Engineer that such extension is justified and upon approval of the City Council. In addition to the requirements of this section said person shall provide the City with a 100% performance and So% labor and material bond or other suitable security as deemed appropriate by the City Attorney. net to emeeed fifty (50%) e€- the eeste€ ~--~mems The City Council may waive such requirements for a bond at its option. (d) No hookup to the public sewer will be permitted until all improvement work has been completed to the satisfaction of the City Engineer and all charges have been paid by the requestor in accordance with the provisions of this Ordinance. ORDINANCE NO. 246 EXHIBIT A PAGE 7 CHAPTER 6. INSPECTION 7-6.002 Pipe and Joint Testing: All piping and all joints shall pass an air pressure test as per UPC 318. After backfilling and compaction, the pipeline shall also pass a mandrel test. Television inspection may also be required as directed. T--6-002- 7-6.003 Certificate of Inspection: When it appears to the satisfaction of the City that any work authorized by these regulations has been constructed according to, and meets the requirements of, all provisions of this Ordinance and other applicable laws, and that all the fees for the doing and inspection thereof have been paid, the City shall cause to be issued to the person, firm or corporation constructing such work a certificate of final inspection, which certificate shall recite that such work as has been done pursuant to the permit has been constructed according to the Ordinance provisions of said City, that said work is in sanitary condition. The City shall not issue such certificate of inspection unless the requirements of this Ordinance have been met. CHAPTER 7 . BUILDING SEWERS 7-7* 0113 Ne Belldiag sewer shall: Ige eenst��',eteel wAh pipe ef internal diameter less than€emsf eT 7-7. 994 Building sewers shall be plaeed en a uniferm slepe ef less than este-€eHrth(1/4) of an ineh Ser€eet, emeept thawhen t is net praetieal to ebta-i-n this slepe,-toren a slepe-ef net'rens than ene eighth (IjS) ef an imeh per feet may be used when appreved- the Gity. 7-7 . 005 A clean-out shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of twenty-two and one-half (22-1j2) degrees within five (5) feet of the junction with the public sewer or at the right-of-way line, as directed by the City Engineer, and at intervals not to exceed one hundred (100) feet in straight runs. The clean-out shall be made by inserting a "Y" fitting in the line and fitting the clean-out in the "Y" branch in an approved manner. However in the case of the clean-out near the junction of the public sewer, the "Y" branch shall be extended to a depth of not more than , ner less than one (1) foot below the surface of the ground before the clean-out is installed. pubile sewer, shall be eevered er eeneealed in any manner until 4-t- :7-7. 007 All piping and all jeints in eaeh bellding sewer are te be watertight and shall be tested by filling the building sewer w! water, in its--entirety e= = seetlen;in-sueh a-manner—that tee ORDINANCE N0. 246 EXHIBIT A PAGE 8 parts tested with less than a three (3) feet head of water. T*= ,:mite i 3g- y-alse--be-required, sdireeted, if the alignment 1-9 ,.t; e-n...ti.., .. 7-7. 998 Brain ig Bervinej f ixtiares leeated-ta an eMien e€-less than—ene-feet beste-the- nearest-- ps-t-rean manhale-ee�er�n the-aurin-sewer-serving-said-€imturres-shall drain by gravity into the ma' and shall be preteeted frem baeirzfrlew ef sewage by water be-installed-enlyin--the-braneh er-seetien--e€ the leas-than erre-feet above the nearest stream--manhele eever. CHAPTER 8. MAINLINE EXTENSIONS 7-8. 001 Service to Areas Outside Existing System: (e) The City may approve a refund reimbursement agreement with persons who have paid more than their proportional cost of the sewer service extension. The agreement shall provide for reimbursement of the excess cost borne by said persons at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connector to the sewer extension. 7-8. 003 Annexation Extension fee payment The annemati extension fees shall be paid before a permit is issued for a sewer connection pursuant to this Chapter in that amount as set forth in Chapter IV. For the purposes of this chapter, lot splits or changes in use of lots shall be considered an s ..a ! extension for the payment of the at extension fee. CHAPTER 9. PROHIBITED DISCHARGES 7-9. 002 Other prohibited discharges designated No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas that has a closed cup flashpoint of less than 140 degrees F or 60 degrees C using the test methods specified in 40 CFR 261:21. ORDINANCE NO. 246 EXHIBIT A PAGE 9 (b) Any waters or wastes containing toxic, infectious, or , or poisonous solids, liquids, or gases in sufficient quantity, either singularly or by interaction with other wastes, to injure or interfere with any waste water treatment process or constitute a nuisance or hazard to humans, or animal, the local environment, or create any hazard in the reee- i- -- atersef the waste treatment p-l-ahazardous condition to occur in the sewage system. (c) Any waters or wastes having a pH lower than 5.5 or higher than 9, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel or the wastewater treatment and collection system. (g) Any waters or wastes containing suspended solids or oxygen demanding pollutants or such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant. (I) Any water added to a wastewater discharge for the sole purpose of dilution as a means to achieve compliance with any pretreatment standard or local limit; (j) Any waters or wastes containing any radioactive materials or wastes of such half-life or concentration that they do not comply with regulations issued by appropriate authorities (section 30285 and 30287 of the California Code of Regulations) ; (k) Any waters or wastes containing color which is not removed in the ordinary Wastewater Treatment Plant process; 7-9.006 Pretreatment Facilities: Where pretreatment of discharge is required by the City, the necessary facilities shall be provided, operated and maintained at the user's expense. Detailed plans showing the facilities and their operating procedures shall be submitted to the City for review. Such plans must be acceptable to the City before construction is begun. Any changes in the pretreatment facilities or method of operation must be reported to and approved of by the City prior to implementation of the proposed changes. operational difficulties or failures of pretreatment facilities shall be reported immediately to the City. 7-9.007 Control Manhole: When required by the City, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and flow measurement of the ORDINANCE NO. 246 EXHIBIT A PAGE 10 discharge. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense. and shall be maintained by him so as to be safe and accessible at all times. 7-9.008 Measurements and Tests: All measurements, tests and analyses of the characteristics of water and wastes shall be determined by the testing procedures specified in 40 CFR Part 136. When required by the City, the industrial user shall provide safe and secure access to the proper sampling point for the determination of compliance with federal categorical standards and/or local discharge limits. This may require the installation of a control manhole as described above. All testing shall be performed by an approved laboratory and conducted at the expense of the discharger. ORDINANCE NO. 246 EXHIBIT A PAGE 11 CHAPTER 12. POLICY STATEMENTS The following Policy Statements are hereby adopted by the City of Atascadero to be a part of this Ordinance. 7-12 . 001 All sewer main extensions are to be funded by those requesting annexatlen service. 7-12 . 002 r-„ mat ens Extensions must be contiguous to the existing Maintenance Districts, however, for a problem sewer area, the City Council may annex extend service to public areas to provide continuity. 7-12 . 003 In consideration of the .._t! extension requests, the City Engineer may be required to furnish an engineer's evaluation of adequacy of existing sewer mains affected by the service extension. This would include an evaluation of the down- stream line capacities as well as any possible upgrading of existing lift stations. 7-12 . 004 On-going service to the annexed areas serviced by the extension shall not require substantially higher costs than other areas presently served. Typical of this consideration would be a need for an additional sewer lift station. 7-12 . 005 Annexatlens Extensions will be processed as outlined in Chapter 8 of this Ordinance. 7-12 . 006 nnexat! Extension fees, based on use, will be due and payable upon application for ....t! extension or lot splits or use change or rezoning. 7-12 . 007 Should the proponent of the amat ^~ extension wish to receive reimbursement for any sewer main extension by those connecting within the annexed newly served area, then the proponent shall file a reimbursement map with the City upon completion of the extension. 7-42 . 008 Annexatiens beeeme veld if eenneetlen is net made with enth3-after—the eatlen;-and—fees will be-deemed ferfeitea after� that time. Re-appileatien shall require sueh new fees as are set ferth in this This seetien shall met apply to vacant lets—that—are merged within—ene year, ervaeant lets whieh the sewer main has been extended within ene year er vaea lets whieh abut upen an existing sewer -main. 7-12.013 Where there is a change of use from apartments to condominiums, the applicant shall pay the difference in current fees and rates as established by this Ordinance prior to the approval of such change. Specifically, an apartment complex which ORDINANCE NO. 246 EXHIBIT A PAGE 12 is converted to condominiums shall be assessed a connection charge of forty (40) dollars per unit and an - xat __ extension fee of eighty (80) dollars per unit.