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It shall be unlawful for any property owner to maintain a building sewer lateral in a defective condition. As used in this chapter, DEFECTIVE CONDITION includes, but is not limited to:
1. Displaced joints, leaks or breaks;
2. Root intrusion;
3. Substantial deterioration;
4. Damaged, uncapped or missing sewer clean-out;
5. Damaged or missing backflow prevention device;
6. In a condition that will allow infiltration and inflow of extraneous water, including, but not limited to rain, storm water or groundwater, or which allows exfiltration of sewage;
7. In a condition that materially increases the possibility of a blockage or overflow;
8. Constructed without a proper permit or with materials not approved by the city;
9. Lack of a manufactured connection to the city's sewer system;
10. Otherwise in violation of city requirements; or
11. In such a condition that the tests required by this chapter cannot be accomplished to the satisfaction of the city.
All sewer laterals or sewer clean-outs which contain sump pumps, down spouts or yard drains that discharge into the public sewer, and all other sources of accidental, negligent or intended introduction of storm run off or similar waters into the public sewer are hereby declared unlawful and are a public nuisance, and shall be abated by the property owner, who is hereby required to remove or correct such improper sewer connections.
(Ord. 2012-02 § 1 (part), 2012)
A. Except as provided in subsection B of this section and as provided in Section 13.20.060 (Common Interest Developments), all building sewer laterals for those new or existing buildings including but not limited to those serving residential, multiple residential, commercial and industrial properties that are connected to the public sewer, shall be cleaned and inspected as required in this chapter and at the property owner's expense when any of the following events occur:
1. The application for a certificate of occupancy for a new building.
2. The installation of additional plumbing facilities that produce a major increase (in the sole judgment of the city) in sewage flow from the house, building, property or other structure served.
3. A change of use of the house, building, property or other structure served from residential to business, commercial, or other non-residential use; or from non-residential, non-restaurant, non-commercial, non-industrial to restaurant, commercial or industrial uses.
4. Upon repair or replacement of any portion of a building sewer lateral.
5. Upon determination by the city that the cleaning, testing, repair or replacement is required for the protection of the public health, safety and welfare.
6. Prior to the close of escrow upon a sale or other transfer of the house, building, property or other structure served or, if there is no escrow, prior to recording a deed or other document transferring title to the house, building, property or other structure served. A transfer of ownership between family members or into a revocable or irrevocable living trust does not require testing if reassessment of property value is not required by the Contra Costa County Tax Assessor.
7. In a probate or other testamentary proceeding or in the event of a transfer pursuant to the terms of a joint tenancy termination, tenants in common termination, or other similar instrument, within one hundred eighty (180) days after the sale, transfer or conveyance of the house, building, property or other structure served.
B. The following are exceptions to the sewer lateral cleaning and inspection requirements provided in subsection A of this section:
1. Those buildings that were built within ten (10) years or less of the enactment of this chapter; or
2. Buildings that have a building sewer lateral that was replaced within ten (10) years of the triggering event provided in subsection A of this section.
(Ord. 2012-02 § 1 (part), 2012)
The homeowners' association of a common interest development in which several individually-owned units share common sewer laterals shall provide the city with inspection verification of all privately owned building sewer laterals within the common interest areas at least once every ten (10) years for compliance with the duties and obligations imposed by this chapter. If no homeowners' association exists, then the individual unit owners, both jointly and individually, shall be liable for the duties and obligations with respect to building sewer laterals as established by the Pinole Municipal Code.
(Ord. 2012-02 § 1 (part), 2012)
A. Inspection procedures.
1. The inspection shall be conducted by a licensed contractor qualified to provide video inspections. The contractor must have both a city of Pinole business license and a State of California contractor's license. The Department of Public Works will maintain a list of contractors on file at City Hall.
2. All building sewer laterals shall be inspected by video.
3. The property owner shall submit a video recording of the building sewer lateral inspection to the Department of Public Works for review along with the designated Inspection fee. At the beginning of such video, the qualified contractor shall state the address of the property and take a photograph of the home that the property owner shall submit to the Department of Public Works with the video.
4. The property owner or an agent for the property owner shall notify the city of the time and date of the Inspection at least seven (7) calendar days prior to the inspection.
5. Prior to testing, the building sewer lateral shall be thoroughly cleaned.
6. An inspection shall be valid for a period of six (6) months from the date of the Inspection. If a property owner fails to obtain a certificate of compliance within six (6) months after obtaining an Inspection, the Department of Public Works may, in its discretion, require the property owner to obtain another inspection before issuing a certificate of compliance.
B. Inspection criteria. A property complies with the provisions of this section if the inspection verifies all of the following conditions as approved by the Director of Public Works:
1. The building sewer lateral is free of roots, grease deposits, and other solids which may impede or obstruct the transmission of sewage.
2. There are no improper or illegal connections to the building sewer lateral such as sump pumps, down spouts or area drainage facilities.
3. All joints in the building sewer lateral are tight and sound to prevent the exfiltration of sewage and the infiltration of groundwater, storm water and/or rain water.
4. The building sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.
5. The building sewer lateral is equipped with at least one (1) clean-out located within five (5) feet of the building footprint and with a backflow prevention device as required by Section 13.20.030.
6. None of the other defective conditions referred to in Section 13.20.040 exist on the property.
(Ord. 2012-02 § 1 (part), 2012)
A. Notice and repair. When the Director of Public Works determines, in his or her discretion, that a building sewer lateral is in a defective condition, the city shall provide a written notice of violation that meets the criteria in Section 13.20.140. The property owner shall cause all repairs necessary to bring the building sewer lateral into compliance. All costs of repair or replacement of the building sewer lateral shall be borne by the property owner.
B. Additional inspection. Upon completion of repairs to or replacement of the building sewer lateral, the property owner shall have another inspection conducted in order to verify that the repairs or replacement have been properly completed, pursuant to Section 13.20.070.
(Ord. 2012-02 § 1 (part), 2012)
A. Probate and testamentary proceedings. For properties sold or transferred in a probate or other testamentary proceeding, pursuant to the termination of a joint tenancy or similar proceeding, any repair or replacement of a building sewer lateral shall be completed within ninety (90) days after the probate sale or other transfer. If repair or replacement does not occur within ninety (90) days after probate sale or transfer, the requirement to comply with this chapter becomes an obligation of the new property owner. The Public Works Director may provide additional extensions of time in writing.
(Ord. 2012-02 § 1 (part), 2012)
As a condition of receipt of city sewer services and use of the public sewer, the Public Works Director, or his or her designee, may enter, conduct an inspection, collect wastewater samples, and test any building sewer lateral, building, structure, or premise to secure compliance or prevent a violation of this chapter. Unless there is an emergency threatening the public health, safety or welfare, the Public Works Director shall provide at least three (3) business days' notice to the property owner and/or tenant of intent to enter upon property. The Public Works Director may also request that a property owner provide all written records of inspection, maintenance, repair and replacement at the time of inspection of the building sewer lateral or within ten (10) or more business days after receipt of the request.
(Ord. 2012-02 § 1 (part), 2012)
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