Chapter 13.08 - BUILDING SEWERS

The purpose of this chapter is to regulate the size, extent, use, construction, maintenance, and abandonment of building sewers, sometimes referred to elsewhere in this code and other codes and ordinances of the city as "building sewer," "house sewer," "side sewer," "sewer lateral," or "building sewer lateral," and to provide for the administration of such regulations by the Director of Public Works.

(Prior code § 6-6.020)

13.08.020 - Definitions.

The following words and phrases, wherever used in this Chapter, shall be construed as defined in this Section unless otherwise required by the context. The singular shall be taken to mean the plural and the plural shall mean the singular when required by the context of this Chapter. The following definitions will not necessarily apply to other Chapters of this Code:

"Building sewer" means that particular sanitary sewer which lies between a point two feet from the building or structure it serves, to and including its connection with the sewer system or other point of discharge and which carries sewage and liquid wastes from public or private premises to a public or private sewer system, individual sewage disposal system or other point of discharge or point of disposal.

"Common private sewer" means any privately-owned and maintained sewer which serves as the disposal point for two or more building sewers. A common private sewer is either a sanitary sewer or a storm water sewer, but it cannot be used as a combination of both.

"Compliance certificate" means a certificate issued by EBMUD indicating that a building sewer (upper building sewer lateral and lower building sewer lateral) complies with the requirements as set forth in the EBMUD Regional PSL Ordinance, Title VIII and this chapter.

"EBMUD" means the East Bay Municipal Utility District, Special District No. 1.

"EBMUD Regional PSL Ordinance" means the East Bay Municipal Utility District Ordinance 311, Title VIII, Regulation of Upper Sewer Laterals, its implementation and any future amendments or modifications thereto.

"Exemption certificate" means a certificate issued by EBMUD to property owners who can demonstrate that work on the lateral has been completed in accordance with local ordinance requirements within ten years of the period of time set forth in the EBMUD Regional PSL Ordinance.

"Inflow/infiltration correction program" (also called "I/I correction program" and "infiltration/inflow correction program") means those particular projects being designed, or designed and being constructed, constructed or proposed to be constructed by the City and/or its agents for the purpose of complying with the requirements of that certain order issued by the California Regional Water Quality Control Board and being Order No. 84-67 and any other state, federal, or local legislation related thereto.

"Lower building sewer lateral" means all that portion of the building sewer lateral which lies within a public right-of-way or lies within an easement granted for the purpose of constructing or maintaining a sanitary sewer or some such other similar purpose.

"Manhole" means an underground structure large enough to be physically entered by a person for the purpose of inspecting and maintaining a sewer or a portion thereof.

"New sewer connection" means a connection to a public sewer or common private sewer which has not previously existed. This does not include reconnection, repair, or replacement of an existing sewer lateral either at the same or at a different location. An existing sewer lateral which would be going to a higher use (such as an increased number of dwelling units) would be subject to an increased sewer service charge and/or sewer connection fee for the increase in use.

"Point of discharge" (also called "discharge point") means that point at which the materials conveyed by a sewer leave a specific section or length of sewer (by design or inadvertently).

"Point of disposal" (also called "disposal point") means the point at which any material conveyed by a sewer enters any facility for treatment or processing or otherwise leaves the sewer system by design.

"Point of origin" means that particular point on a building sewer which lies closest to the building or other structure which it serves.

"Project" means any portion of work including, but not limited to, the repair, construction and/or replacement of parts of the sewer system subject to the inflow/infiltration correction program which are accomplished under a specific project number issued by the City.

"Sanitary sewer" means any public or private sewer designed and/or constructed for the purpose of conveying sewage or other liquid waste from a building sewer to or toward a point of disposal or discharge.

"Sewage" means all liquid effluent, including any suspended solids therein, which is conveyed from all types of premises through a sewer system, for treatment and/or disposal, excepting flow from natural drainage and rainfall.

"Sewer" means any pipe conduit or channel, being either open or closed, the purpose of which is to convey sewage, liquid waste, other liquids or water from a collection point to or toward discharge point.

"Sewer main" (also commonly called "main sewer") means any public sewer or portion thereof which conveys sewage between the point of discharge of a building sewer and the point of disposal of said public sewer.

"Sewage overflow device" means an approved plumbing fitting that is installed at the top of an exterior cleanout riser for a sanitary sewer lateral and is activated by the hydraulic pressure of sewage and allows back flowing sewage to discharge over the ground surface and prevents the intrusion of rodents and other vector into the sewer piping system.

"Sewer system" means either the entire network or a portion of that network of sewers under the jurisdiction of the City and all the appurtenances thereto. This shall include both conveyances for sanitary flow and storm water and other liquid waste flows.

"Shall/will" means a determinative directive, which includes the ordinary accepted meaning of the word "must."

"Storm sewer" (also commonly called "storm drain" or "storm water conduit") means any public or private sewer designed and/or constructed for the purpose of conveying rainwater or other waters deposited by natural causes, but not including sewage and wastewater.

"Upper building sewer lateral" means all that portion of the building sewer as herein above defined which lies within the privately owned property abutting a public right-of-way or easement.

(Ord. No. 13080, § 1, 7-19-2011; Ord. No. 12993, § 3, 2-2-2010; Ord. 12886 § 1 (part), 2008; prior code § 6-6.030)

13.08.030 - Application.

The provisions of this chapter shall supersede all conflicting provisions of this code and other codes in effect and shall apply to all building sewers existing or hereafter constructed.

(Prior code § 6-6.040)

13.08.040 - Building sewers and building sewer connections—Permit required, to whom issued, exceptions.

It is unlawful for any person to make, cause or permit to be made, any work required for the construction, reconstruction, repair or abandonment of any building sewers or any portion thereof or for the re-use of existing building sewers or any building sewer connection, for the purpose of discharging sewage into the city's sewer system without first obtaining from the Director of Public Works a written permit to do such work and paying the fee required by this chapter. Provided, however, that:

No building sewer permit shall be required for the clearance of sewer stoppages which do not involve excavation in the street.

Provided further, however, that permits for building sewer work regulated by this chapter shall be issued only to persons entitled thereto under state law.

(Prior code § 6-6.050)

13.08.050 - Form and conditions of the permit.

The permit, when signed by the Director of Public Works or his or her authorized representative, shall constitute permission to do the work.

The permit shall be void if the work is not commenced and completed within the period specified on the permit unless an extension of time is granted in writing by the Director of Public Works.

Permit shall not be transferable.

(Prior code § 6-6.060)

13.08.060 - Notice of commencement of work.

At least forty-eight (48) hours before the work is started, the permittee shall give notice of time of commencement of the work to the Director of Public Works. Similar notice shall be given to the Police Department, Fire Department, and utility companies if required on the permit.

(Prior code § 6-6.070)

13.08.070 - Emergency work.

Nothing in Section 13.08.060, or elsewhere in this chapter, shall prevent any responsible person from doing such work and making such excavation as may be necessary for the preservation of life or property when such necessity arises; provided, however, that the person doing such work or excavations shall make application to obtain a permit therefor on the next working day.

(Prior code § 6-6.080)

13.08.080 - Authority of the Director of Public Works.

The Director of Public Works is authorized to enforce the provisions of this chapter and to approve deviations consistent with good practice under unusual circumstances where standard requirements are impractical in his or her opinion.

(Prior code § 6-6.090)

13.08.090 - Revocation of permit.

Any permit granted hereunder may be revoked by the Director of Public Works for noncompliance with any applicable laws or regulations.

(Prior code § 6-6.100)

13.08.100 - Emergency abatement, dangerous condition.

Order of Abatement. If after issuance of sewer permit an emergency condition exists or could develop because of the connection of a private sewer lateral to the public sewer, the Director of Public Works, or his or her designee, is authorized to order the separation of any lateral determined dangerous, or likely to become dangerous if not disconnected, from any public sewer main or from any private common sewer. An "emergency condition" is defined, for the purposes of this section, as any event, act, or occurrence, either natural or otherwise, which is contributory to, or could contribute to, a land stability problem or is an eminent threat to the public health, welfare, and safety. If circumstances permit, the Director's order of separation shall be delivered either personally or by certified mail, postage pre-paid to the property owner. Where the order is delivered to the property owner, the latter must comply with the order within the period established by the Director. If the property owner does not comply, the Director, or his or her designee, is authorized to have the work done at the expense of the property owner. Also, the work of emergency abatement shall be done at the property owner's expense, where circumstances do not permit prior notice.

Confirmation Hearing. The Director or his or her designee shall keep an itemized account of the costs of the abatement work. A report of the costs shall be submitted to the Council for confirmation. The property owner shall be given written notice of the confirmation hearing in the manner provided in Section 13.08.270

Upon the date and at the place and hour fixed for the confirmation hearing, the Council of the city shall receive the report and hear such evidence as may be presented by the property owner, including evidence that no emergency existed. Such hearing may be continued from time to time by the City Council. Upon completion of such hearing, the City Council shall either overrule the Director's report or shall confirm it; provided that the City Council, if good cause exists, may adjust downward the costs of abatement. After the assessment is made and confirmed, it shall be a lien on the said real property.

Such lien attaches upon recordation in the Office of the County Recorder, Alameda County, by certified copy of the resolution of the confirmation. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10th. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

(Prior code § 6-6.110)

13.08.110 - Reimbursement to city—Responsibility determined after repairs made.

Whenever the location of a malfunction in a building sewer and the responsibility for the protection, repair, and/or reconstruction thereof shall be the subject of dispute between the city and a property owner or owners, the city may proceed to expose such parts of said building sewer as shall be necessary to determine the cause of said malfunction, and said city shall perform all necessary work thereon, and shall thereupon determine the person or persons responsible for said malfunction which said person or persons shall be liable, or jointly liable, respectively, for all costs necessarily incurred by the city in the performance of the work. Provided, however, that before the city undertakes the work herein mentioned, it shall give notice in writing to all persons concerned of its intentions. Provided, further, that the remedy provided in this section shall be independent of and shall not supersede those provisions in this chapter relating to dangerous and unsanitary conditions and to emergency work by the city.

(Prior code § 6-6.130)

13.08.120 - Responsibility of property owner.

The size, extent, construction, installation, operation, use, maintenance, and abandonment of building sewers, common private sewers, two-way and standard cleanout fittings and exterior risers, sewage overflow devices, and the connections thereto shall be in accordance with the provisions of this Chapter and shall be the responsibility of the owner of the property served or servable by the sewer system. All devices shall be maintained and repaired by the property owner and provide for their uninterrupted function and purpose for which they were designed.

(Ord. No. 12993, § 3, 2-2-2010; Prior code § 6-6.140)

13.08.130 - Use of public sanitary sewers.

Use of the sanitary sewer system is limited to the discharge of sewage and/or industrial wastes in such a quantity and of such a quality as shall not endanger the condition, operation, or capacity of the system.

(Prior code § 6-6.150)

13.08.140 - Prohibited use of public sanitary sewers and any private sanitary sewer or building sewer discharging, directly or indirectly, into said public sanitary sewers.

Illegal Connections. It shall be illegal for any person to discharge or permit the discharge of any storm water, surface water, ground water, roof runoff, yard drainage, or subsurface drainage into any building sewer, private sanitary sewer, or public sanitary sewer by either direct or indirect means.

Notification of Illegal Connection. When a connection permitting illegal discharge as defined in subsection A of this section has been detected and confirmed, the Director of Public Works or his or her authorized agent shall notify the owner of the property from which the discharge occurs to remove the connection within thirty days of said notification. Notification shall proceed in accordance with the provisions of Section 13.08.240

Abatement of Illegal Connection. The illegal connection shall be abated in accordance with the published standards and specifications in this code for the plugging and abandoning of a sewer line with the work to be accomplished under the proper permit and subject to the inspection and approval of the city prior to the filling of the trench containing the exposed pipe(s).

No New Illegal Connections. No new connections shall be made to any public sanitary sewer which shall discharge, directly or indirectly, any effluent prohibited by federal, state or local statutes.

(Prior code § 6-6.160)

13.08.150 - Prohibited uses generally—Wastewater.

No person shall discharge, deposit, throw, or cause, allow, or permit to be discharged, deposited, or thrown, into a building sewer or the sanitary sewer system, any substance of any kind whatsoever which shall cause or tend to cause an obstruction or damages to the sewer system, or which shall cause or tend to cause a nuisance or hazard, or which will in any manner obstruct or tend to obstruct the efficient operation or maintenance of the sewer system. Wastewater may not be discharged to the collection system that would cause a violation of the water quality limitations or preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal.

Federal and state statutes governing wastewater and water discharges into the collection system supersede all requirements and provisions of this section and Sections 13.08.160 through 13.08.180, therefore, the Director of Public Works shall neither approve nor permit any wastewater discharges into the collection systems that are in violation of these statutes, notwithstanding any provisions in this chapter to the contrary.

(Prior code § 6-6.170)

13.08.160 - Additional prohibited uses—Waters and wastes.

No person shall discharge, or permit the discharge of, any of the following waters or wastes into a building sewer or the sanitary sewer system without prior written approval of the Director of Public Works:

Any unpolluted industrial process water;

Any liquid or vapor having a temperature detrimental to the sewer system;

Any gasoline, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;

Any water or waste which contains excessive amounts of grease, oil, or fats as hereinafter defined by this code;

Any garbage, except garbage from dwellings and establishments where food is prepared and consumed on the premises, and which has been ground to such a degree that all particles will be carried freely under the flow conditions prevailing in the public sewers. No particle shall in any event be greater than three-eighths inch in any dimension;

Any sand, cement, lime, plaster, cinders, ashes, metal, glass, or other heavy solids; any straw, shavings, animal hair, feathers, paunch manure, or other fibrous matter; any tar, asphalt, resins, plastics or other viscous substance; or any other matter of such a nature as to obstruct the flow in sewers or cause other interference with the proper operations of the sewer system;

Any water or waste containing excessive amounts of acid, alkali, or dissolved sulfide, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel;

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewer treatment process, to constitute a hazard to humans, animals, or fish, or to create a hazard in the waters receiving effluent from the sewage treatment plant;

Any waters or wastes containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle such materials in the sewer or at the sewage treatment plant;

Any noxious or malodorous gas or substance capable of creating a public nuisance;

Any radioactive wastes, except as hereinafter provided.

(Prior code § 6-6.171)

13.08.170 - Additional prohibited uses—Excessive volume.

No person shall discharge, or permit the discharge into a building sewer or the sanitary sewer system, without prior written approval of the Director of Public Works, and the agency providing sewage treatment facilities, any waters or wastes having an average daily flow greater than 0.75 million gallons per day and having any of the following characteristics:

Temperature in excess of one hundred fifty (150) degrees Fahrenheit;

Suspended solids, or matter which upon dilution with water or sewage results in the formation of suspended solids, in excess of five hundred (500) milligrams per liter and which adversely affects any part of the sewer system;

Biochemical Oxygen Demand in excess of four hundred (400) milligrams per liter;

Oils and greases of animal, vegetable, or mineral origin floating, dispersed, or emulsified in excess of one hundred (100) milligrams per liter or in any amount as to adversely affect any part of the sewer system;

A pH of less than five and five-tenths (5.5) or more than ten and five-tenths (10.5);

Dissolved sulfides in excess of one milligram per liter.

(Prior code § 6-6.172)

13.08.180 - Additional prohibited uses—Radioactive wastes.

Liability. No person shall discharge, or permit the discharge of, any radioactive wastes into the sewer system or appurtenances thereof, except where:

The waste is discharged in strict conformity with current Nuclear Regulatory Commission recommendations for safe disposal of radio-active wastes; and

The person discharging the radioactive wastes shall assume all liability for any injury to personnel or damage to the sewer system that may result from such discharge.

Reports. Any person discharging, or permitting the discharge of, a radioactive waste into the sewer system in accordance with the provisions of subsection A of this section shall submit such reports as the Director of Public Works may deem necessary. In the event of an accidental spilling or depositing of any radioactive material into the sewer system, the person who causes such occurrence, or who is responsible therefor, shall:

Immediately notify the Director of Public Works; and

Render such technical or other assistance as may be required to avoid any hazard from the radioactivity.

(Prior code §§ 6-6.173, 6-6.174)

13.08.190 - Special agreements.

Notwithstanding any provision of this chapter to the contrary, the city, the agency providing sewage treatment facilities, and any individual or industrial concern discharging any water or waste of unusual strength, character, composition, or volume into the sanitary sewers may enter into a contract permitting such discharge. In the event that any such discharge shall involve additional or extraordinary expenses to the city, such individual or industrial concern shall be required to reimburse the city therefor and shall be required to post with the city a bond or other guarantee in a form satisfactory to the City Attorney. Such agreements or contracts shall not be made when the provisions thereof would allow inflow sources or be in violation of state or federal categorical pretreatment standards.

(Prior code § 6-6.180)

13.08.200 - The right to limit discharge.

The Director of Public Works shall have the right to limit the rate of discharge of sewage from any premises into the sewer system when required for the protection of public or private property and to provide for the public health and safety.

(Prior code § 6-6.190)

13.08.210 - Sampling structures.

The City Council by resolution upon the recommendation of the Director of Public Works shall have the right to require any property owner to construct and maintain, at his or her own expense, a sampling structure in an accessible location for the purpose of sampling sewage or industrial wastes. The structure shall have a minimum diameter of 10,″ and shall be acceptable to the Director of Public Works.

(Prior code § 6-6.200)

13.08.220 - Right of entry—Suspected dangerous and insanitary condition.

Whenever the Director of Public Works shall have reasonable cause to believe that conditions which do not conform to this chapter exist in a particular building, structure or premises, or whenever the Director of Public Works authorizes and directs the inspection of all buildings, structures or premises subject to the provisions of this chapter in a defined area of the city, or whenever said Director of Public Works shall authorize and direct inspections of buildings, structures or premises as a part of a routine spot check, duly authorized representatives of the Director of Public Works of the city may enter and inspect any such building, structure or premises to secure compliance with, or prevent a violation of, any provision of this chapter.

No premises shall be inspected until a reasonable notice is given to the owner or occupant, or to the agent of either.

The owner or authorized agent of the owner of any building structure or premises may enter the building, structure or premises whenever necessary to carry out any instructions or perform any work required to be done pursuant to this chapter.

No person authorized by this section to enter and inspect any building, structure, or premises shall enter any dwelling unit between the hours of five p.m. of any day and eight-thirty a.m. of the succeeding day without the consent of the owner or the occupants of the dwelling unit or enter any dwelling unit in the absence of the occupants, except when the structure is in such condition as to place in jeopardy the life or limb of the public, in which case entry may be made at any time.

If entry is refused, the Director of Public Works or such duly authorized representative of the Director of Public Works of the city shall have recourse to every remedy provided by law to secure entry.

(Prior code § 6-6.210)

13.08.230 - Right of entry—Inflow/infiltration correction program.

Whenever a building sewer lateral or common private sewer has a point of discharge into a public sanitary sewer which has undergone, is undergoing or will undergo rehabilitation or replacement pursuant to the requirements of the inflow/infiltration correction program, it may be tested, including the portions of the sewer or private property, without prior notice to the property owner or other persons having rights to the property, when such tests can be conducted solely from the public right-of-way without disturbance to persons having the right to enjoy the premises.

The tests conducted shall be standard tests adopted by the Office of Public Works specifically for testing with regard to the I/I correction program and the procedures and the record of tests shall be kept on file at said office.

(Prior code § 6-6.211)

13.08.240 - Dangerous and insanitary sewer conditions—Order to abate—Sewers not subject to the inflow/infiltration correction program.

The Director of Public Works or the Alameda County Health Officer, or their designee, shall investigate, or cause to be investigated, all dangerous and insanitary conditions existing in or about building sewers or connections thereto. If such a condition is a menace to life, health, safety, or property, or is in violation of law, the Director of Public Works or the Alameda County Health Officer shall, in writing, order the owner of the premises upon which said condition exists to discontinue the use of said sewer, or, when appropriate under the circumstances, to discontinue all construction work with respect thereto, and to abate said condition in such manner as shall comply with the law. Any stoppage in the building sewer or break in the watertight integrity of the building sewer shall be conclusively presumed to be a menace to life, health, safety or property for purposes of requiring abatement of such a condition. The order shall specify the dangerous and insanitary condition, the manner in which the same shall be abated, and the period within which such abatement shall be accomplished. In determining said period within which said owner shall abate said dangerous and insanitary condition, the Director of Public Works or the Alameda County Health Officer shall consider the nature of said condition and its effect on life, health, safety, and property, together with the time reasonably required by said owner to comply with such order of the Director of Public Works or the Alameda County Health Officer. It is unlawful for any owner to fail or neglect to comply with such order of the Director of Public Works or the Alameda County Health Officer. In the event the owner shall not promptly proceed to abate said dangerous and insanitary condition, as ordered by the Director of Public Works or the Alameda County Health Officer, the following abatement procedures will be undertaken.

(Prior code § 6-6.220)

13.08.250 - Dangerous and insanitary sewer conditions—Order to abate—Sewers subject to inflow/infiltration correction program.

Any building sewer or common private sanitary sewer found to have an existing dangerous or insanitary condition as a result of the testing performed as a part of the inflow/infiltration correction program shall be abated according to the order and procedure established by the Director of Public Works; provided that:

The property owner shall be notified in writing, by the Director of Public Works or his or her duly authorized representative of the existing condition and of the method by which the city determined that condition.

The written notification shall further state that the owner has eighteen (18) months to abate the problem which is existing on the upper lateral portion of the building sewer at his or her own expense.

The notification shall also make reference to financing methods and availability of same to low income property owners.

The notice shall contain such other information deemed necessary by the Director of Public Works or his or her duly authorized representative to fully inform the property owner of his or her rights and obligations.

(Prior code § 6-6.221)

13.08.260 - Dangerous and insanitary sewer condition—Notice of hearing, hearing, and appeal.

Notice of Hearing. The Director of Public Works or the Alameda County Health Officer, upon the failure of the owner to promptly proceed to abate said dangerous and insanitary condition as ordered, may forthwith fix a time and place for an administrative hearing of the matter. In all such cases, the Director of Public Works or the Alameda County Health Officer shall serve, or cause to be served, notice of said hearing upon the person in possession of such premises, or upon the owner thereof, not less than five days prior to the time fixed for such hearing. The notice shall specify the hour, date and place of the hearing and the dangerous and insanitary condition that is the subject of the hearing. Service of said notice may be made by delivery to the owner or person in possession personally or by enclosing the same in a sealed envelope, postage prepaid, addressed to the occupant at such premises, or to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the city, and depositing same in the United States mail. Service shall be deemed complete at the time of the deposit in the United States mail.

Hearing. At the time and place set for the hearing, the Director of Public works or the Alameda County Health Officer, or a designee, shall hear such evidence as may be presented by said owner, person in possession or their representative. Such hearing may be continued from time to time by the Director of the Public Works or the Alameda County Health Officer, provided that notice is given to said owner or person in possession in the manner described in Section subsection A of this section. The findings of the Director of Public Works or the Alameda County Health Officer, or the designee, shall be rendered at the time of such hearing and thereupon shall be announced to such owner, person in possession or their representative, provided that such person(s) appears at the hearing.

Appeal. Within three days of hearing, the announced findings of the Director of Public Works or the Alameda County Health Officer or a designee, said owner or person in possession may notify the Director of Public Works that he or she wishes to appeal such findings to the City Council. Failure to give the required notice within the three-day period or failure to appear at the administrative hearing shall constitute, unless good cause is shown, a waiver of the right to appeal to the City Council. Upon timely receipt of notice of an intent to appeal, the Director of Public Works or Alameda County Health Officer shall give the appellant not less than three days' prior written notice of the date, place and hour of the appeal to the City Council. Service shall be made in the manner described in subsection A of this section.

The foregoing items apply except where they conflict with requirements for sewers subject to the inflow/infiltration correction program. In those instances, any requirements imposed by the I/I correction program supersede all other requirements, except those imposed by the code for public health and safety.

(Prior code § 6-6.222)

13.08.270 - Notice and hearing of dangerous and insanitary sewer condition—Confirmation of proceedings, abatement, prospective notice of lien.

Nonappearance and Untimely Appeals. In those cases where the owner or person in possession either does not appear for the administrative hearing or appears for the hearing but does not give timely notice of an intent to appeal, and there is no good cause shown, the Director of Public Works or the Alameda County Public Health Officer may present his or her report and findings to the City Council for confirmation at the earliest available City Council meeting after the date for the administrative hearing. Said reports and findings shall be placed on the City Council's Consent Calendar and be confirmed or overruled by the Council. If the reports and findings are confirmed, the City Council shall direct that the dangerous and insanitary condition be abated.

Thereafter the Director of Public Works or Alameda County Public Health Officer shall forthwith give or cause to be given, written notice in the manner provided in Section 13.08.260A, to the owner or person in possession of said premises to abate the condition. If such abatement is not commenced within five days thereafter, and diligently prosecuted to completion, the Director of Public Works or Alameda County Public Health Officer shall, at the owner's expense, cause the same to be abated.

Hearing of Appeal. Upon the date and at the place and hour fixed for the hearing of appeal and findings of the Director of Public Works or Alameda County Public Health Officer, the Council of the city shall hear such evidence as may be presented by said owner, person in possession or other representative. Such hearing may be continued from time to time by the City Council. Upon the completion of such hearing, the City Council shall either overrule the findings or shall direct that the dangerous and insanitary condition be abated.

The Director of Public Works shall give written notice, in the manner provided in Section 13.08.260A, to the owner or person in possession of said premises to abate such condition forthwith. If such abatement is not commenced within five days thereafter and diligently prosecuted to completion, the Director of Public Works shall at the owner's expense, cause the same to be abated.

Abatement. The Council shall order to be paid by the owner of said premises all sums which may be necessarily expended by the Director of Public Works in abating such condition. Said sums shall be in accordance with the master fee schedule. Prior to the commencement of said work by the city, a prospective notice of lien may be filed by the Director of Public Works with the Alameda County Recorder against the property. In lieu of employing a contractor or other person to abate such condition, the Director of Public Works may call upon the maintenance services or other departments of the city to abate such condition.

Prospective Notice of Lien. The prospective notice of lien referenced in subsection C of this section shall take the following form:

PROSPECTIVE NOTICE OF LIEN

Pursuant to Chapter 13.08 of the Oakland Municipal Code, I caused a notice to repair a dangerous and insanitary sewer condition to be personally delivered or mailed to the subject property owner notifying the property owner of their responsibility to repair a dangerous and insanitary sewer. The owner of said property has failed to diligently and without interruption prosecute same to completion, nor has the property owner entered into an Agreement to allow the City and for its contractor to perform the necessary work. The estimated cost of said repairs, including collection costs, is $;#rule; and said amount has not been paid. The City of Oakland does hereby give public notice of its claim in said amount against subject property and of pending City action to record a lien against said property when the repairs have been completed. The real property herein referenced and upon which a prospective notice of lien is claimed, is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to-wit:

(insert Description of Property)

Dated this ;yrrule; day of ;daterule;, 19;yrrule;.

_____

Director of Public Works

City of Oakland

(Prior code § 6-6.223)

13.08.280 - Expense of mandatory abatement against property.

The costs outlined in Section 13.08.270 shall constitute a special assessment against that real property abated. The Director of Public Works shall cause a copy of the report of assessment to be served upon the owner of said property not less than five days prior to the time fixed for confirmation of said assessment; service may be by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the city, and depositing the same in the United States mail; and service shall be deemed completed at the time of deposit in the United States mail.

A copy of the report of assessment shall be posted in the Office of the City Clerk at least three days prior to the time when the report will be submitted to the City Council. After the assessment is made and confirmed, it shall be a lien on the said real property.

Such lien attaches upon recordation in the Office of the County Recorder, Alameda County, by certified copy of the resolution of confirmation. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10th. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

(Prior code § 6-6.224)

13.08.290 - Notice of lien—Mandatory agreement.

The lien mentioned in Section 13.08.280 shall take the following form:

NOTICE OF LIEN

Pursuant to authority vested in me by Resolution No. ;#rule; C.M.S., of the Council of the City of Oakland, passed on the ;yrrule; day of ;#rule;, 19;yrrule;, and the provisions of Chapter 13.08 of the Oakland Municipal Code, I did, on the ;yrrule; day of ;#rule;, 19;yrrule;, cause a dangerous (insanitary) condition located upon the hereinafter described real property to be abated at the expense of the owners thereof, in the amount of $;#rule;, and that said amount has not been paid nor any part thereof, and the City of Oakland does hereby claim a lien upon the hereinafter described real property in Said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the legally allowable rate from the date of the recordation of this lien in the Office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to wit:

(insert Description of Property)

Dated this ;yrrule; day of ;daterule;, 19;yrrule;.

_____

Director of Public Works

CITY OF OAKLAND

(Prior code § 6-6.225)

13.08.300 - Expense of voluntary abatement.

In order to fulfill the responsibility outlined in Section 13.08.270, owners may elect to have the city abate the dangerous or insanitary condition. The Director of Public Works is authorized and directed to execute an agreement on behalf of the city with such persons which would include the following conditions:

Agreement to allow city and/or its contractor to enter the property and perform the necessary work;

Agreement to pay the actual abatement cost, plus an additional charge to cover the city's cost of contract administration, engineering and inspection, plus interest; the interest rate shall be in accordance with the master fee schedule; the Director of Public Works may establish a program and eligibility requirements for low income property owners who reside at the location where the repair work is performed; the interest rate for persons qualifying for said program shall be in accordance with the master fee schedule;

Option to pay these costs in annual installments not to exceed five years with the ability to pay the balance at any time before the five-year period is completed;

A notice of lien will be filed by the Director of Public Works with the Alameda County Recorder against the property and will be released only when the charges have been paid in full. Such lien will take the form set forth herein; and

A waiver of all rights under Sections 13.08.240, 13.08.260 and 13.08.270

(Prior code § 6-6.226)

13.08.310 - Notice of lien—Voluntary abatement.

The lien mentioned in Section 13.08.300 shall take the following form:

NOTICE OF LIEN

Pursuant to the provisions of Chapter 13.08 of the Oakland Municipal Code, I did on the ;yrrule; day of ;#rule;, 19;yrrule;, cause a dangerous (insanitary) condition located upon the hereinafter described real property to be abated at the expense of the owner thereof, in the amount of $;#rule; and that said amount has not been paid nor any part thereof, and the city does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the rate of ;#rule; per annum from the date of the recordation of this lien in the Office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed, is that certain parcel of land lying and being in the city, County of Alameda, State of California, and particularly described as follows, to wit:

(insert Description of Property)

Dated this ;yrrule; day of ;daterule;, 19;yrrule;.

_____

Director of Public Works

CITY OF OAKLAND

(Prior code § 6-6.227)

13.08.320 - Failure to make payments.

An owner shall be deemed to be delinquent in the payment of voluntary abatement if said owner fails to make a required payment within three months of the due date. At the time of delinquency, the Director of Public Works shall proceed pursuant to Section 13.08.280.

(Prior code § 6-6.228)

13.08.330 - Notice of lien—Emergency work.

The lien mentioned in Section shall take the following form:

NOTICE OF LIEN

Pursuant to authority vested in me by Section 13.08.280 of the Oakland Municipal Code, I did on ;yrrule; day of ;#rule;, 19;yrrule;, cause a dangerous and insanitary condition located upon the hereinafter described real property to be abated at the expense of the owners thereof, in the amount of $____________, and that said amount has not been paid nor any part thereof, and the City of Oakland does hereby claim a lien on the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the legally allowable rate from the date of the recordation of this lien in the office of the Recorder of Alameda County, State of California has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to wit:

_____

Dated this ;yrrule; day of ;#rule;, 19;yrrule;.

_____

Director of Public Works

CITY OF OAKLAND

(Prior code § 6-6.229)

13.08.340 - Connection to public sanitary sewer required.

Every building in which plumbing fixtures are installed and every premises having wastewater, liquid waste, or sewage piping thereon shall have connection to a public sanitary sewer or a private common sewer which has its point of discharge in a public sanitary sewer.

Whenever a public sanitary sewer is extended to within two hundred (200) feet of any premises having a private sewage disposal system thereon, said private disposal system shall be abandoned in accordance with the requirements of this code, and the building sewer connected to the public sanitary sewer within thirty (30) days of receipt of notice from the Director of Public Works.

Where the public sanitary sewer is in a street, alley, avenue or other public right-of-way upon which a premises abuts, the building sewer shall be installed in a direct line at right angles or radial to the centerline of right-of-way from the right-of-way line to the connection with the public sanitary sewer.

(Prior code § 6-6.230)

13.08.350 - Repair of lower lateral required—Right of the city to construct private laterals at city's expense—Inflow/infiltration correction program only.

Pursuant to the requirements of the inflow/infiltration correction program and for the general public health, safety and welfare, the city is empowered to repair and/or replace for one time only and at the expense of said city, every lower building sewer lateral within the public right-of-way on any rehabilitation project performed on a public sewer main for the purpose of compliance with the requirements of the I/I Correction Program. Such repair and/or replacement and expenses shall include a two-way cleanout or test-wye as required by other sections of this code. This one-time repair in no way abrogates the property owner's responsibility for maintaining his/her building sewer lateral in the future, nor does it obligate the city to perform any future maintenance on said private laterals repaired in compliance with this code section and the hereinabove mentioned program. The hereinabove repair shall include the construction of a two-way cleanout, when required, at the location(s) specified by other sections of this code.

(Prior code § 6-6.231)

13.08.360 - Two-way cleanout required—Point of discharge in public right-of-way.

Every building sewer and every private common sewer being constructed as the initial connection to any building, structure, or premises which shall have its point of discharge within a public right-of-way shall contain a two-way cleanout. The two-way cleanout required shall be located in the vicinity of the right-of-way line adjacent to the property being improved.

(Prior code § 6-6.240)

13.08.370 - Test-wye required—Point of discharge in easement.

Every new building sewer and every new private common sanitary sewer having its point of discharge in an easement shall have a test-wye located within the easement.

(Prior code § 6-6.241)

13.08.380 - Two-way cleanout test-wye not required.

No two-way clean-out shall be required for any portion of any building sewer or any private common sanitary sewer which conveys wastes by means of a pressurized line (i.e., material is pumped rather than flowing due to the force of gravity).

The Director of Public Works or his or her duly authorized representative is authorized to delete the requirement for a two-way cleanout or test-wye when in his or her judgement no purpose would be served by the construction of same. This provision in no way affects the requirements imposed by this code for other cleanouts or other appurtenances.

(Prior code § 6-6.242)

13.08.390 - Two-way cleanout required—Reduction in size of building sewer.

Existing five-inch diameter building sewer may be reduced to four-inch diameter pipe when building sewer replacement occurs downstream and a new connection is made to the sanitary sewer main. A two-way cleanout shall be constructed between the dissimilar pipes to the specifications and standards of the city (unless this requirement is waived by the Director of Public Works or his or her authorized representative). This requirement is in addition to any other requirement for two-way cleanouts specified in this code. No two-way cleanout is required when there is an enlargement of pipe downstream for the existing building sewer.

(Prior code § 6-6.243)

13.08.400 - Two-way cleanout required—Replacement of existing building sewers or portion(s) thereof.

Whenever an existing building sewer or common private sewer with existing connection to any building, structure or premises which has its point of discharge within the public right-of-way is wholly or partially replaced, a two-way cleanout shall be constructed in the vicinity of the right-of-way line adjacent to the property wherefrom the building sewer originates.

Partial replacement under this section shall mean the replacement of either the upper or lower sewer lateral, as said upper and lower sewer laterals are defined under Section 13.08.020.

Partial replacement shall also mean the replacement of any portion(s) of the building sewer, combined length of which exceeds ten feet.

(Prior code § 6-6.244)

13.08.410 - Two-way cleanout required—Rehabilitation of existing building sewers or portion(s) thereof.

Whenever an existing building sewer or common private sewer with existing connection to any building, structure or premises which has its point or discharge within the public right-of-way is wholly or partially rehabilitated, a two-way cleanout shall be constructed in the vicinity of the right-of-way line adjacent to the property wherefrom the building sewer originates.

Partial rehabilitation under this section shall mean the rehabilitation of either the upper or lower sewer lateral, as said upper and lower sewer laterals are defined under Section 13.08.020.

Partial rehabilitation shall also mean the rehabilitation of any portion(s) of the building sewer, combined length of which exceeds ten feet.

(Prior code § 6-6.245)

13.08.420 - Connections to public or common private sewers to be made in presence of Director of Public Works.

All connections to public or common private sewers shall be made in the presence of the Director of Public Works or his or her authorized representative, and shall be made by using a Wye branch, Tee branch, or drilled tap. Other connections may be allowed or required by the Director of Public Works to meet specific conditions of a project.

The diameter of drilled taps shall not exceed two-thirds the outside diameter of the pipe tapped, except that a tap for a six-inch pipe will be permitted on an eight-inch sewer.

(Prior code § 6-6.250)

13.08.430 - Manholes required.

Manholes are required for connecting building sewers to the public or common private sewer if the building sewer has the same, or larger, diameter as the public or private sewer.

(Prior code § 6-6.260)

13.08.440 - Common private sanitary sewer.

Building sewers from a building court may be connected to a public sewer through a common private sewer, provided that such common private sewer be not less than eight inches in diameter and shall be constructed to alignment, grades, and standards satisfactory to the Director of Public Works. Building sewers connecting to common private sewers shall meet the same requirements as building sewers connecting to public sewers. A common private sewer and the use thereof shall be subject to all of the provisions of this chapter pertaining to building sewers.

(Prior code § 6-6.270)

13.08.450 - Each building to have its own sanitary sewer—Exception.

Where real property is parceled or subdivided pursuant to the provisions of the Subdivision Map Act of the state of California and local ordinances or codes applicable thereto, each parcel created shall have direct access for the connection of a sewer lateral to a public sewer or may have access to said public sewer through a public sanitary sewer easement for private purposes where approved in writing by the Director of Public Works.

Exception. When additional buildings are to be placed on a parcel of land that is already being served by a building sewer and when the Director of Public Works determines that the parcel of land will not or cannot be divided into separate ownerships at a later date, then the additional buildings may be sewered by connecting them to the existing building sewer at some point within the parcel of land.

(Prior code § 6-6.280)

13.08.460 - Temporary building sewer connection—Revocation.

The Director of Public Works may, upon application containing such information as is required by him or her, issue a permit for a temporary building sewer. Said permit may be revoked by the Director of Public Works at any time upon thirty (30) days' notice posted upon the premises and mailed to the owner of the premises; and in the event said sewer is not disconnected in thirty (30) days, the Director of Public Works may disconnect the same and the owner shall be liable for the cost thereof. Such temporary permit shall contain an agreement signed by the applicant to hold the city and its officers and employees harmless from all damages caused by reason of such temporary sewer.

(Prior code § 6-6.290)

13.08.470 - Permission to use existing building sewers—Uncovering for inspection purposes.

A permit to use an existing building sewer or building sewer connection shall only be granted subject to the condition that said building sewer and building sewer connection conform to the standards of construction and quality of materials set forth in this chapter, as determined by the Director of Public Works. When required by the Director of Public Works, an existing building sewer or building sewer connection shall be exposed by the owner to permit inspection and testing of it before the re-use of said building sewer is permitted.

(Prior code § 6-6.300)

13.08.480 - Damaging existing building sewer—Authority of Director of Public Works.

Any person disturbing or damaging an existing building sewer shall protect and shall be responsible for the repair and/or reconstruction of said building sewer in the manner provided by this code. The Director of Public Works shall specify the materials, methods, and extent of such protection, repairs, and/or reconstruction. This provision shall not relieve the property owner of his or her obligations as set forth elsewhere in this chapter.

(Prior code § 6-6.310)

13.08.490 - Abandonment of existing building sewers and sewage disposal facilities—Exception.

An existing building sewer or its connection which is to be abandoned shall be sealed with a permanent, water-tight plug at the connection to the public sewer in a manner satisfactory to the Director of Public Works. All open ends of the abandoned building sewer shall also be similarly sealed.

Exception. Upon the approval of the Director of Public Works, an existing building sewer meeting all of the requirements of this chapter pertaining to re-use may be plugged at the property line if the size, condition, and location of said existing building sewer permit re-use.

Every cesspool, septic tank and seepage pit which has been abandoned or has been discontinued otherwise from further use or to which no waste or soil pipe from a plumbing fixture is connected shall have the sewage removed therefrom and be completely filled with earth, sand, gravel, concrete or other approved material.

The top cover or arch over the cesspool, septic tank, or seepage pit shall be removed before filling and the filling shall not extend above the top of the vertical portions of the sidewalls or above the level of any outlet pipe until inspection has been called and the cesspool, septic tank or seepage pit has been inspected. After such inspection, the cesspool, septic tank or seepage pit shall be filled to the level of the top of the ground.

No person owning or controlling any cesspool, septic tank, or seepage pit on the premises of such person or in that portion of any public street, alley or other public property abutting such premises, shall fail, refuse or neglect to comply with the provisions of this section or upon receipt of notice so to comply from the department having jurisdiction.

Where disposal facilities are abandoned consequent to connecting any premises with the public sewer, the permittee making the connection shall fill all abandoned facilities as required by the Director of Public Works within thirty (30) days from the time of connecting to the public sewer.

(Prior code § 6-6.320)

13.08.500 - Inspection and testing—Building sewer permits.

The Director of Public Works or his or her authorized representative shall make or require such inspections and tests as he or she deems necessary to be made before granting final approval of the work authorized by the building sewer permit. The equipment, material, power, and labor necessary for inspection and test shall be furnished by the applicant.

All measurements, tests, and analyses of the characteristics of liquids to which reference is made in this chapter shall be performed and determined in accordance with the standards prescribed in the latest edition of "Standard Methods for Examination of Water and Sewage," published jointly by the American Public Health Association, the American Water Works Association, and the American Society for Testing Materials.

Air Pressure Test. The building sewer may be tested in its entirety or in sections. The test shall consist of measuring the time interval necessary for a loss in air pressure, through a defined range in pressures, from the building sewer. The allowable rate of pressure loss and the detailed test procedure shall be established by the Director of Public Works, and if any building sewer or part thereof shall be covered or concealed before said inspection, testing, and approval as herein prescribed, it shall be uncovered, upon request of the Director of Public Works. Before granting final approval, further inspection and testing will be made after the sewer is backfilled to ascertain all requirements of the Director of Public Works have been met.

Water Test. The building sewer may be tested in its entirety or in sections. The building sewer will be completely filled with water under a head of five feet at the portions being tested and maintain a constant level for fifteen (15) minutes without further addition of water or showing of leaks. The provisions of this section are not intended to prevent the use of any other building sewer pipe test procedure not specifically prescribed in this section; provided, however, that such substitute test procedure shall be first approved by the Director of Public Works.

The testing required hereinabove shall not be applicable to laterals for which repair or replacement is required as part of the inflow/infiltration correction program which shall be subject to such testing and inspection as specifically required by that program.

(Prior code § 6-6.330)

13.08.510 - Inspection and testing—Inflow/ infiltration correction program—Building sewer laterals and common private sewers.

Inspection and testing of the upper building sewer laterals and private common sanitary sewers subject to correction under the requirements of the I/I correction program may occur at the time of, or subsequent to, each rehabilitation project. Such testing and inspection shall be standard tests approved by the Office of Public Works for said program.

(Prior code § 6-6.331)

13.08.520 - Requirement for standard cleanout fitting, exterior riser, and sewage overflow device adjacent to building—Inflow/infiltration correction program.

When the repair/replacement of any portion of an upper building sewer lateral is necessary pursuant to the findings of testing required by Section 13.08.510, an approved standard cleanout fitting, exterior riser, and sewage overflow device shall be installed in the upper building sewer lateral in the vicinity of the building drain.

The location of the cleanout riser shall be approved by the Director of Public Works or his or her duly authorized representative. This Section shall not apply to any building sewer or private common sanitary sewer which conveys sewage by means of a pressurized line.

(Ord. No. 12993, § 3, 2-2-2010; Prior code § 6-6.322)

Editor's note—

Ord. No. 12993, § 3, adopted February 2, 2010, changed the title of Section 13.08.520 from "Requirement for standard cleanout adjacent to building—Inflow/infiltration correction program" to "Requirement for standard cleanout fitting, exterior riser, and sewage overflow device adjacent to building—Inflow/infiltration correction program." The historical notation has been preserved for reference purposes.

13.08.522 - Installation and maintenance of sewage overflow devices.

Sewage overflow devices shall be installed at an elevation and subsequently adjusted to an elevation that protects the building for which it is installed from back flowing sewage. Sewage overflow devices shall be readily accessible for maintenance by the property owner.

(Ord. No. 12993, § 3, 2-2-2010)

13.08.530 - Standards of quality of materials and methods of construction.

General. All materials used and all joints made in, or entering into, the construction of sewer systems or parts thereof shall be water-tight and free from defects. The materials and joints specified in this code are the minimum approved standards that shall be used. Building sewer joints shall be of such design as will permit sealing and placement without appreciable irregularities in flow lines.

The provisions of this code are not intended to prevent the use of any material not specifically prescribed by this code; provided, however, that such substitute material shall be first approved by the Director of Public Works.

Materials. Pipe for building sewers shall be vitrified clay, cast iron, polyvinyl chloride plastic pipe or any other material approved by the Director of Public Works.

Vitrified clay pipe and fittings shall conform to ASTM Standard Specifications for "Extra Strength Unglazed Clay Pipe," Serial Designation C-700 as amended.

Cast iron soil pipe and fittings shall conform to ASTM Standard Specifications for "Cast Iron Soil Pipe and Fittings," ASTM Designation A 74, as amended, or by the United States Department of Commerce standard for service weight "Cast Iron Soil Pipe and Fittings," Designation Commercial Standard CS 188-59, as amended.

Polyvinyl Chloride plastic pipe shall conform to all of the standards set forth in Section 207-17, POLYVINYL CHLORIDE PLASTIC PIPE, as that particular section appears in the "Standard Specifications for Public Works Construction", as adopted by the city of Oakland.

Size of Pipe for Building Sewers.

Pipe Sizes, General. Pipe sizes mentioned within this chapter refer to the interior diameters of the pipes. The sizes of any building sewer shall be at least as large as the size of the sanitary building drain to which it will connect, but in no case less than four inches. Where more than one building drain connects to the building sewer, the size of the building sewer shall be determined by the Director of Public Works.

Pipe Sizes, Replacement of Existing Five-Inch Diameter Building Sewer. Where any premises is served by an existing five-inch diameter building sewer, the five-inch diameter sewer may be reduced to four-inch diameter pipe when building sewer replacement occurs and a new connection is made to the sanitary sewer main. A two-way cleanout shall be required in accordance with Section 13.08.390, two-way cleanout required—reduction in size of building sewer, when the downstream size of the pipe is reduced.

Excavation, Backfilling, and the Protection of Building Sewer Trenches. Unless otherwise provided, the excavation, backfilling, and protection of building sewer trenches in public streets, sidewalks, alleys, or other public places shall be made in compliance with all the applicable requirements of this title.

All building sewers, other than metallic pipe, in private property shall be installed so that there will be at least twelve (12) inches of cover over the top of the pipe.

Tunneling of building sewer trenches, other than under concrete curb and gutter, will not be allowed without the prior approval of the Director of Public Works.

Construction of Building Sewers and Their Connections, Bends Prohibited, Cleanouts, Passage Through or Under Walls, Corrosive Materials. All building sewers shall be laid in a straight line with no horizontal or vertical bends. The horizontal alignment of the portion of any building sewer within a street area shall be perpendicular or radial to the centerline of the street right-of-way. Bends authorized or directed by the Director of Public Works shall be constructed as hereinafter described.

Sewer cleanouts shall be required at the connection of the building drain to the building sewer, grade changes, horizontal changes in direction in excess of twenty-two and one-half (22-1/2) degrees, and at intervals not to exceed one hundred (100) feet in straight runs. The minimum size of cleanouts shall be four inches and they shall be so placed as to be accessible at all times.

All building sewers passing through or under walls shall be protected from breakage in a manner approved by the Director of Public Works.

All building sewer pipes passing through corrosive materials shall be protected from external corrosion in a manner approved by the Director of Public Works.

Any cleanouts or other appurtenances required by this section are in addition to the two-way cleanouts required by another section in this code.

Protection of Piping. No building sewer piping other than cast iron or an approved equal shall be installed within two feet of any bearing or foundation wall. All building sewers installed below the footing of any building and paralleling the footing must be encased in concrete unless located outside the range of excessive footing pressure.

Construction of Building Sewers and Their Connection, Joints, Slope, Laying in Filled Ground, Depth at Curb. Vitrified clay or asbestos-cement pipe for building sewers shall be connected by flexible compression type joints or an approved equal.

Cast iron pipe for building sewers shall be connected only in the manner permitted for connections of case iron pipe under buildings.

The minimum slope of any building sewer shall be one-fourth inch per foot toward the public sewer or point of disposal; provided that where it is impractical due to the depth of the street sewer or to the structural features or to the arrangement of any building or structure, to obtain a slope of one-fourth of an inch per foot, any such building sewer may have a slope of not less than one-eighth of an inch per foot when approved by the Director of Public Works.

Where laid in filled ground with less than ninety (90) percent relative compaction, the building sewer shall be of cast iron or asbestos-cement; however, pipe may be of vitrified clay if approved flexible joints are used or if laid on a bed of approved material.

At the curbline, the outside top of the building sewer pipe shall be at least thirty-six (36) inches below the existing or proposed top of curb grade, whichever grade shall be lower.

(Prior code §§ 6-6.340—6-6.346)

13.08.540 - Emergency work by city—Notice—Liability for cost of work.

Whenever, in the opinion of the Director of Public Works, the public health, safety, or welfare shall require that repairs or protective measures to a building sewer be made or instituted immediately, he or she is authorized to proceed with all necessary work to abate the condition and may enter upon private property for such purposes. He or she may erect and maintain all necessary barricades, warning lights, and other protective devices upon public or private property. He or she shall give the owner of the premises upon which the repairs are to be made, or the protective measures to be instituted, such notice, if any, and by such means as the circumstances shall permit.

The owner of the property upon which the condition exists and the person creating such condition shall be jointly and severally liable to the city for all costs incurred by it in abating said emergency condition and erecting and maintaining said protective devices.

The cost of abating such condition shall constitute a special assessment against that real property on which said condition was abated. The special assessment shall be made in the manner set forth in Section 13.08.280 using the notice of lien as found in Section 13.08.330.

(Prior code § 6-6.360)

13.08.550 - Pressurized building sewer or common pressurized common sanitary sewer.

When, in the opinion of the Director of Public Works, it shall be impossible or impractical to extend a public sewer main to provide for gravity flow service from a building sewer or common private sanitary sewer, the private sewer may be pressurized (i.e., sewage may be pumped through them to a private gravity flow sewer which will connect with the public sanitary sewer main).

The pressurized system shall conform to all requirements set forth in the appropriate section of the Plumbing Code and the gravity building sewer portion shall conform to all the requirements herein set forth for sewer laterals.

(Prior code § 6-6.370)

13.08.560 - Rehabilitation of damaged or defective building sewer by sliplining—Exceptions.

Rehabilitation of any building sewer in the city by sliplining shall only be allowed with the prior approval of the Director of Public Works. The property owner or his or her agent, at the time of requesting said permission, shall provide the Director of Public Works with video recording(s) of a television inspection of the section of the building sewer under the improved area of the public right-of-way. The Director shall not grant such permission to slipline the building sewer if, in his or her opinion based on the aforementioned video of television inspection or visual evidence of surficial subsidence or cracks in the vicinity of the building sewer, sliplining may not properly correct the existing dangerous and insanitary condition of the building sewer or may pose future dangerous and/or insanitary condition in or about the building sewers or any property in the vicinity of the building sewer.

Said requirement for the provision of video recordings of the television inspection of the building sewer by the contractor/owner to the Director of Public Works may be waived if the pipe section proposed to be sliplined measures twenty (20) feet or less and can be directly inspected with the "naked eye" to detect any obstruction or defects that may exist in said pipe section. Only the Director of Public Works or his or her representatives shall have the authority to determine if a pipe section can indeed be inspected effectively with the "naked eye."

(Prior code §§ 6-6.380, 6-6.381)

13.08.570 - Rehabilitation of damaged or defective building sewer by sliplining—Standards and quality of materials and method of construction—Exceptions.

Said rehabilitation by sliplining permitted pursuant to Section 13.08.560A shall be done in accordance with Sections 207-19 and 306-8 of the current Council adopted standard specifications for public works construction, pertinent sections of the modification thereof, and the following conditions:

If, in the opinion of the Director of Public Works, the video of the television inspection of the building sewer reveals any damage or defects in the building sewer that cannot be sufficiently repaired by sliplining alone or reveals any obstruction that may deter the proper installation of the liner, a point repair excavation to uncover and repair or remove said defect and obstructions, respectively, shall be made.

The connections at both ends of the building sewer shall be water tight and free of defects.

Inspections and testing as required under Section 13.08.500 shall be conducted upon the completion of the sliplining and prior to the final approval of said sliplining.

Contrary to the requirement under Section 306-8 of the Standard Specifications for Public Works Construction and/or its modification, the contractor/owner shall not be required to submit shop drawings of construction details to the City Engineer, prior to liner installation.

Materials for Sliplining Building Sewers. In addition to polyethylene (PE) wall pipe and resin impregnated polyester felt pipe liner allowed for use for sliplining by the standard specifications and its modification, polyvinyl chloride (PVC) plastic and cast iron pipes may be used for sliplining defective building sewers, when approved by the Director of Public Works.

(Prior code §§ 6-6.382—6-6.384)

13.08.580 - Violations—A continuing infraction.

The failure to comply with any of the provisions of this chapter is an infraction, and each day that said failure to comply continues shall be deemed a separate offense.

(Prior code § 6-6.350)

13.08.590 - Enforcement of East Bay Municipal Utility District (EBMUD) Ordinance No. 311, Title VIII, Regulation of Private Sewer Laterals.

The Building Official shall enforce the provisions of EBMUD Ordinance No. 311, Title VIII, Regulation of Private Sewer Laterals and any amendments or modifications to said ordinance, as may be adopted by the City Council. Any permit issued by the Building Official that is subject to compliance with said ordinance shall not be approved or made final by the Building Official unless a certificate of compliance from EBMUD for the sewer lateral is submitted by the applicant.

(Ord. No. 13026, § 1, 7-6-2010)

13.08.600 - Building sewer inspection, replacement, compliance with EBMUD Regional PSL Ordinance, and compliance certificates.

The property owner shall be responsible for inspecting building sewers, obtaining all required permits, performing all necessary building sewer repair or replacement, scheduling inspections with EBMUD, passing a verification test witnessed by EBMUD, obtaining and filing with the City a compliance certificate from EBMUD as set forth in the EBMUD Regional PSL Ordinance for the entire building sewer (upper building sewer lateral and lower building sewer lateral) when one or more of the following events occurs:

Title Transfer. Prior to transferring title associated with the sale of any real property that contains any structure with a building sewer. Title transfer means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one co-owner to one or more other co-owners, or from one or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivios trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in the lineal line of consanguinity of one or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.

Construction or Remodeling. Whenever a property owner applies for any permit or other approval needed for construction, remodeling, modification or alteration of any structure with a building sewer where the cost of the work is estimated to exceed $100,000.00.

Change in Water Services. Whenever a property owner applies for any permit or other approval from the EBMUD for an increase or decrease in size of the owner's water meter.

An Individually-Owned Unit in a Multi-Unit Structure Served by a Common Private Sewer or Shared Laterals such as Condominium or Other Common Interest Development. Within the period of time set forth in the EBMUD Regional Ordinance, the homeowners' association or a responsible party for this type of multi-unit structure shall determine if the sewer lateral(s) is (are) in compliance with the EBMUD Regional PSL Ordinance and perform any necessary repair or replacement work to achieve compliance. Thereafter, re-certification of the sewer lateral shall occur at 20-year intervals.

Property Developments Other Than Those Specified in Subsection D Above With Sanitary Sewers Totaling Greater Than 1,000 Feet in Length. Within the period of time set forth in the EBMUD Regional PSL Ordinance, property owners or responsible parties for property developments with sanitary sewers totaling greater than 1,000 feet in length, shall submit for EBMUD approval, a condition assessment plan with a schedule to perform testing to assess the condition of all of the sewer laterals on the property to determine compliance with the EBMUD Regional PSL Ordinance. Within the period of time specified in the EBMUD Regional PSL Ordinance, property owners or responsible parties shall complete all condition assessment testing, and submit a corrective action work plan for EBMUD approval. After the work is completed, re-certification of the sewer lateral shall occur at 20-year intervals.

Exception. A property owner with an un-expired sewer lateral compliance certificate or similar documentation from another agency, or with a dated approved building/sewer permit from a permitting authority indicating that the sewer lateral was replaced in total within ten years of the period of time set forth in the EBMUD Regional PSL Ordinance may submit the information to EBMUD along with a request for an exemption certificate. Upon review and approval, an exemption certificate will be issued by EBMUD.

Dangerous and Insanitary Sewer Condition. Whenever a dangerous or insanitary sewer condition is found as set forth by this chapter and a notice to abate is provided according to the procedure established by the Director of Public Works.

(Ord. No. 13080, § 2, 7-19-2011)

13.08.610 - Responsibility and standards for maintenance of upper and lower building sewer laterals.

It shall be the responsibility of the property owner to perform all required maintenance, repairs and replacement of the upper and lower building sewer lateral in accordance with EBMUD's and the City's ordinance requirements. Standards for maintenance of the upper and lower building sewer lateral are set forth below:

The upper and lower building sewer lateral shall be kept free from roots, grease deposits, and other solids, which may impede or obstruct the flow.

All joints shall be watertight and all pipes shall be sound.

The upper and lower building sewer lateral pipe shall be free of any structural defects such as fractures, cracks, breaks, openings, or missing portions.

All cleanouts shall be securely sealed with a proper cap or approved overflow device at all times.

There shall be no non-sanitary sewer connections to the upper or lower sewer lateral or to any plumbing that connects to the upper or lower sewer lateral.

(Ord. No. 13080, § 3, 7-19-2011)

13.08.620 - Adoption of the EBMUD Regional PSL Ordinance by reference.

The East Bay Municipal Utility District Ordinance 311, Title VIII; Regulation of Upper Sewer Laterals is hereby adopted by reference. The City Council may adopt amendments or modifications to the ordinance thereto, as the ordinance may be amended or modified by EBMUD.

(Ord. No. 13080, § 4, 7-19-2011)