A written agreement with DEHS covering the following shall be satisfactorily completed and signed by all property owners utilizing the proposed sewage holding tank and filed with DEHS prior to the issuance of any DEHS permit.
(a) Properties served by a sewage holding tank shall be subject an annual operating permit fee, as set forth in the San Bernardino County Schedule of Fees, to pay the cost of routine inspections and program administration.
(b) Pursuant to Health and Safety Code §§ 101325 and 101340, where a permitted sewage holding tank is located on real property owned by the operator of a business, the property will be assessed the operating permit fee under the following circumstances:
(1) On all newly approved holding tanks;
(2) On existing holding tanks, when the property is transferred to a new owner;
(3) On existing holding tanks, when the operating permits fees have not been paid for 60 days or more beyond the permit expiration date.
(c) Pursuant to Health and Safety Code § 101345. in those instances where direct assessment is not authorized by Health and Safety Code § 101325, the DEHS may record a certificate specifying the amount, interest, penalty due and the name and last known address of the person liable for the permit fee. From the time of recordation of the certificate, the amount required to be paid constitutes a lien upon all real property in the County of San Bernardino owned or thereafter acquired by the liable person, which lien shall have the force, effect and priority of a judgment lien and shall continue for ten years from the time of recording. Prior to recording the lien, the DEHS shall determine that the operating permit fees have not been paid for 60 days or more beyond the permit expiration date and shall notify the person liable for the fees by certified mail of the intent to record such certificate.
(d) If the appropriate Regional Water Quality Control Board adopts rules or regulations which prohibit or curtail the use of sewage holding tanks, thereby rendering the property unavailable for occupancy, the County of San Bernardino shall be held harmless from the results of such action.
(e) If sewage collection lines become available for service to properties utilizing a sewage holding tank, the property owner shall connect within 90 days to the sewage collection line and abandon the sewage holding tank in accordance with the provisions of § 33.0879 of this Article.
(f) If property containing a sewage holding tank is sold, the present property owner shall notify the new property owner of the DEHS requirement to obtain a new permit. DEHS shall give the new property owner written notice of the permit conditions to be completed prior to occupancy of the property.
(Am. Ord. 3564, passed - -1993; Am. Ord. 3624, passed - -1995)