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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)
The city shall review the final submitted Inspection for compliance with this chapter. When all conditions are met to the satisfaction of the city, the building sewer lateral shall be certified as complying with the provisions of the Pinole Municipal Code. The city shall thereupon issue a certificate of compliance to the property owner, noting that the building sewer lateral serving the property is properly equipped, structurally sound and meets the requirements of the city. Once a certificate of compliance is issued, the building sewer lateral for which the certificate of compliance is issued shall not require testing for a period of ten (10) years from the date of issuance of the certificate of compliance unless the city has reason to believe the building sewer lateral is in a defective condition. The certificate of compliance shall not imply a warranty or guarantee of any kind.
(Ord. 2012-02 § 1 (part), 2012)
A. In the event that the property owner establishes to the satisfaction of the city that repair or replacement of a building sewer lateral before the close of escrow in a non-probate sale will result in undue hardship inconsistent with the purpose or intent of this chapter, a written request for hardship status may be submitted to the Public Works Director. The Public Works Director shall make a hardship finding only if the requesting property owner presents written facts that clearly demonstrate (in the Public Works Director's sole discretion) that the property owner's payment for and completion of a building sewer lateral repair or replacement at the required time would result in an undue hardship. If hardship status is granted, the property owner who is selling the property, or the purchaser of such property may request the city to defer the building sewer lateral repair up to one hundred and eighty (180) days.
B. For purposes of this section, UNDUE HARDSHIP shall be defined as:
1. The severe illness or incapacitation of the property owner;
2. The immediate transfer or removal of the property owner from the state, thereby making the hiring of a contractor to repair or replace the building sewer lateral impractical or overly burdensome; or
3. Any physical or financial situation that would render compliance with the time limits for the repair or replacement of building sewer lateral extraordinarily difficult or impractical.
The property owner shall bear the burden of submitting documentation and proving the existence of such a bona fide hardship to the satisfaction of the Public Works Director.
C. Any property owner to whom a hardship finding is granted shall be given written notice of the finding. Said notice shall inform the property owner that the building sewer lateral repair or replacement requirement is only deferred up to one hundred eighty (180) days. A copy of the notice shall be sent to both the property owner and, if applicable, the purchaser of the property.
D. In the event of a failure to comply with this chapter within the allotted time, the city may bring an enforcement action and exercise any other remedy provided by the Municipal Code and/or applicable law against the property owner and any other responsible party. In addition thereto, any property owner who fails to fully comply with this chapter shall be responsible for all damages that arise from or relate to such failure. For purposes of this section, DAMAGES include all compensatory damages, fines, penalties, assessments, attorneys fees, costs and other monetary exactions that may be awarded to, levied or assessed by any person, firm, corporation, company or public entity.
(Ord. 2012-02 § 1 (part), 2012)
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