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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)
If the Public Works Director receives notice that a building sewer lateral does not or may not meet the standards set forth in this chapter and the property owner does not agree in writing to perform the repairs or replacements necessary to bring the building sewer lateral into compliance, then the Public Works Director shall give written notice of violation to the property owner of any conditions that violate this chapter. Such notice shall be provided using first class U.S. mail and shall specify the repair or replacement necessary to correct the condition and the time in which to make the correction, and shall advise the property owner of the enforcement provisions of this chapter. If the repairs are not completed within the time allowed by the city, or if the city determines that the property may be transferred before the required testing or repairs can be completed, the city shall record a notice of violation in the official records of Contra Costa County specifying the nature of the violation and the action needed to correct it. The notice shall only be rescinded when the building sewer lateral serving such property has been repaired or replaced to the satisfaction of the city. Recording a notice of violation is in addition to all other remedies available to the city.
(Ord. 2012-02 § 1 (part), 2012)
A. If a building sewer lateral otherwise needs repair or replacement, the property owner repairing or replacing the building sewer lateral shall comply with all requirements of this chapter and any other requirements imposed by the city to repair or replace the paving on the public right-of-way. The city may require (at the sole discretion of the city) that a certified paving contractor complete the necessary paving.
B. Whenever the city plans a project to maintain, repair or replace a public sewer that involves excavation of a street or a street improvement project, the city shall notify all property owners whose building sewer laterals connect to that public sewer main where the project is to be performed. The city shall work with interested property owners to develop a comprehensive program for repair or replacement of building sewer laterals needing replacement at the same time the city's project is performed.
(Ord. 2012-02 § 1 (part), 2012)
Any building sewer lateral or appurtenance thereto that is in violation of this chapter is hereby declared to be unlawful and a public nuisance and subject to abatement pursuant to Chapters 1.12 and 8.24 of the Pinole Municipal Code, and as currently in effect or as hereafter amended. Such nuisance conditions include, but are not limited to, any defective sewer lateral, any building sewer lateral with or sewer clean-outs which contain leaks or breaks; any building sewer lateral to which a clean-out and a backflow prevention device is not properly attached or properly functioning; any uncapped or improperly capped sewer clean-outs; sump pumps, downspouts, area or yard drains, or other sources which discharge into the public sewer; and all other sources of accidental, negligent or intended introduction of storm water run-off or similar waters into the public sewer.
(Ord. 2012-02 § 1 (part), 2012)