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)