ORDINANCE NO 1453 2012
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA
AN ORDINANCE ADDING CHAPTER 14 TO THE SOUTH
SAN FRANCISCO MUNICIPAL CODE ADDING PRIVATE
SEWER LATERAL CONSTRUCTION MAINTENANCE AND
INSPECTION
WHEREAS the City of South San Francisco City
owns and maintains sanitary sewer
mains pumping stations and appurtenant facilities as part of the City
s waste water collection
system which is under the control of the city and
WHEREAS the testing repair maintenance renovation and timely replacement of
private building sewer laterals connected to the City
s waste water collection system protects the
public health safety and welfare by preventing or mitigating potentially harmful discharges of
untreated wastewater into the environment through leaky or unsound sewer laterals and
WHEREAS a comprehensive program that enforces routine maintenance of private
building sewer laterals fosters compliance with requirements of the Clean Water Act 33 U
C
S
1251
S Environmental Protection
et seq the U
Water Resources Control Board
Control Board SFRWQCB
spills and overflows SSOs
SWRCB
by reducing
Agency
EPA
the State of California
and the San Francisco Regional Water Quality
both infiltration and inflow I I
and sewer system
and
WHEREAS property owners have and will be permitted at their expense to connect
private laterals to the collection system as permitted under regulations as provided by the City
and
WHEREAS absent regulation that establishes clarifications for the property
owner for the responsibility to design construct operate maintain and inspect the Building
Sanitary Sewer Lateral unhealthy conditions are found to exist
NOW THEREFORE the City Council of the City of South San Francisco does hereby
ordain as follows
SECTION 1
CHAPTER 14
SEWER
LATERAL
CONSTRUCTION
MAINTENANCE AND INSPECTION
Chapter 14
140 of the South San Francisco Municipal Code is hereby added to the South
San Francisco Municipal Code to read as follows
Sewer Lateral Construction Maintenance and Inspection
Section 14
010 Purposes
Section 14
020 Definitions
Section 14
030 Public Sanitary Sewers General
Section 14
040 Building Drain and Building Sanitary Sewer Lateral
Section 14
050 Permits General
Section
Section
Section
Section
Section
Section
Section
Section
Section
060
14
070
14
080
14
090
14
100
14
110
14
120
14
130
14
140
14
Abandonment of Sanitary Sewer Connection
Design Standards General
Design Review and approval
Construction Standards General
Construction Inspection Requirements
Testing Requirements
Building Sanitary Sewer Laterals
Abatement of Leaks Breaks and Improper Sanitary Sewer Conditions
Inspection of Sanitary Sewer Laterals as a Precondition for Obtaining a
Building permit
Section 14
150 Sidewalk Cleanouts
Section 14
160 Inspection and Correction upon Sale
Section 14
170 Time Extension Certificate
Section 14
180 Notices to Correct Violations
Section 14
190 Additional Events triggering the requirement to Obtain a Certificate of
Compliance
Section 14
200 Regulations to Implement this Chapter
Section 14
210 Nuisance
010 Purposes
14
The purposes of this
a to provide for operation and maintenance of the City
s
sewer system in a reliable and serviceable condition b to eliminate or minimize sanitary sewer
overflows by eliminating or minimizing stoppages and reducing sources of inflow and
infiltration into the City
s sewer system c to comply with applicable legal requirements
pertaining to the City
s sewer system and d to protect the public health and safety by
establishing and providing a mechanism for enforcing performance standards for private sewer
Chapter
are
laterals that connect or are connected to a Public Sewer main and to maintain all parts of the
sewer system and reduce and prevent sanitary sewer overflows
020 Definitions
14
Unless otherwise defined within subsection b of this Section terms used in this Chapter
a
shall have the same meaning as those terms defined in Section 14
030 of the South San
08
Francisco Municipal Code
b
As used in this Chapter the following words phrases and terms shall have the following
definitions
Air Testing or Air Tested means a method whereby a Building Sanitary Sewer Lateral is
pressurized with air for the purpose of detecting leaks or defects in the pipe being tested An Air
Tested Building Sanitary Sewer Lateral will be deemed defective for purposes of this Chapter if
it does not hold three and onehalf 3
5 pounds per square inch of air pressure psiair for at
least two 2 minutes with at least two and one half 2
5 psiair remaining at end of the Air Test
Building Drain means that part of the lowest piping of a building drainage system which
receives the discharge from soil waste and other drainage pipes within the building or structure
and conveys it to the Building Sanitary Sewer Lateral The point of connection of the Building
Drain to the Building Sanitary Sewer Lateral shall be within two 2 feet of the outside of the
Building Wall A cleanout and Backflow Prevention Device shall be installed at the point of
connection of the
Building
Drain to the
Building Sanitary
Sewer Lateral
Building Sanitary Sewer Lateral means that part of a drainage system which extends from the
end of the Building Drain and conveys discharge to a Public Sewer or other point of disposal
The Building Sanitary Sewer Lateral shall terminate at the wye or other Manufactured
Connection to the Public Sewer
Certificate of Compliance means a written certificate issued to a Property Owner by the Public
Works Director or hisher designee certifying that a Building Sanitary Sewer Lateral is properly
equipped structurally sound and complies with all standards of this Chapter and any other
applicable standards established by the City
Defective Sewer Lateral means any Building Sanitary Sewer Lateral that displays leaks or
defects upon the completion of inspection or that is deemed by the City in its discretion to be
defective upon completion of Air Testing or any other testing method required by the City
Inspection means a process whereby both a video camera andor smoke are placed into and run
through the inside of a Building Drain Building Sewer Lateral or Public Sewer for the purpose
of detecting leaks or other obvious defects
Manufactured Connection means a commercially manufactured and available sewer wye or
tee fitting of the proper size and material for the subject application
Property Owner means any individual or entity owning property within the boundaries of the
City that is connected to a Public Sewer
030 Public Sanitary Sewers General
14
All City sanitary sewer mains junction structures pumping stations and appurtenant facilities
within the public rightofway public utility easements or sanitary sewer easements are part of
the City
s wastewater collection system owned by the City and are under the control and
operation of the City
040 Building Drain and Building Sanitary Sewer Lateral
14
The property owner is responsible at hisher expense to construct operate clean and
maintain all building Sanitary Sewer Laterals or waste holding tanks individual waste disposal
systems including septic systems if permitted sewage ejector pump stations and appurtenant
pipelines valves and structures to either the point of connection with the cleanout wye on the
Building Sanitary Sewer Lateral or to the City sanitary sewer main as provided below in full
compliance with the provisions of this Chapter The City shall maintain the Building Sanitary
Sewer Lateral from a Cityapproved cleanout wye to the City sanitary sewer main when a
cleanout is provided either in the sidewalk or if there is no sidewalk within the public rightof
way then it shall be installed within two and one half feet of the City main In such instances the
cleanout must be accessible at all times When the cleanout is located outside of these designated
areas the property owner is responsible for maintaining the Building Sanitary Sewer Lateral all
the way to the City sanitary sewer main including the Building Sanitary Sewer Lateral
s wye
junction to the main Where a cleanout does not exist and the property owner desires to install
one the City will not accept maintenance responsibility from the new cleanout to the City
s main
until the property owner satisfies the Public Works DirectorCity Engineer or hisher designee as
to the proper operational condition of that lateral
a
Sanitary sewer connections to the City
s wastewater collection system shall be limited to
one Building Sanitary Sewer Lateral per lot parcel or tract of land Multiple or branched sanitary
b
sewer connections are specifically prohibited The limitation to one Building Sanitary Sewer
Lateral per lot shall also apply in the case of condominium subdivisions planned unit
developments and commercial developments unless specifically waived in a subdivision
improvement agreement or sanitary sewer main extension agreement
Existing conditions not in compliance with this chapter shall be brought into compliance
c
within one hundred twenty 120 calendar days after owner receives notice from the City or as
otherwise provided by this Chapter Time extensions may be granted under unusual
circumstances as determined by the Public Works Director and described in section 14
180
The replacement of existing multiple or branched sanitary sewer connections shall be at the
s expense
owner
050 Permits General
14
Any work required to comply with the provisions of this Chapter must obtain all the
applicable permits including but not limited to encroachment permits building permits andor
a
plumbing permits The permits must be obtained consistent with and comply with all applicable
provisions of the South San Francisco Municipal Code
b
Any permits required by this Chapter shall not be considered valid until all fees as
established by the South San Francisco Master Fee Schedule and connection charges have been
paid bonds and indemnification have been provided to the City and the permit has been signed
by the appropriate City Building Official
060 Abandonment of Sanitary Sewer Connection
14
Any sanitary sewer connection to the City
s wastewater collection system not connected
to an existing structure having a current certificate of occupancy or being more than a single
connection and not approved in writing by the City shall be removed or abandoned in place in a
manner specified by the Public Works Director or hisher designee Demolition of an existing
structure may require the removal or inplace abandonment of the sanitary sewer line as
determined by the City The Public Works Director or hisher designee shall also approve of the
a
manner in which the sanitary sewer line will be removed or abandoned
The property owner shall be responsible for any costs associated with the removal or
abandonment of a sanitary sewer connection In the event a property owner fails to properly
remove or abandon a sanitary sewer connection the City may cause and take action to abate and
remove or abandon the sanitary sewer connection or take any action set forth with the costs paid
b
by the property owner
070 Design Standards General
14
Minimum standards for the design and construction of public andor private sanitary sewers
including rehabilitation repair and replacement of sanitary sewer facilities shall be in
accordance with requirements of this Chapter the Uniform Plumbing Code sewer design and
construction
standards
and
the
Specifications
and
Standard
Plans
for
Public
Works
Construction a copy of which is available for viewing at the Public Works offices The Public
Works
Director City
Engineer
or
building official
as
jurisdiction requires
may
allow
modifications or require special design and construction where non standard conditions are
encountered The following design requirements shall apply
a
Construction documents consisting of plans profiles details and specifications shall be
required for all sanitary sewer construction projects which document how sanitary sewer
facilities are to be constructed The construction documents shall be prepared by a civil engineer
licensed to practice in the state of California These construction documents shall show locations
and boundary lines of affected properties plans for the proposed work at a scale not exceeding
one inch equals twenty feet profiles of sanitary sewer facilities showing flow lines pipeline
grades trench grades and ground surface elevations to the nearest 0
10 foot details showing
facility cross sections dimensions and material specifications notes and specifications for the
work including general notes and project specifications
b
All sanitary sewer facilities shall be designed for installation within easements or rights
ofway dedicated for public use Easement descriptions dedications acceptance and recordation
shall be completed prior to construction of any sanitary sewer facilities and shall be prepared in
accordance with the Subdivision Map Act California Government Code Section 66410 et seq
or in a form acceptable to the City Attorney Easements which provide operation maintenance
and access rights to the City shall be granted to the City and accepted at the discretion of the
City Council
Sanitary sewers shall be connected to the City
s wastewater collection system in a
manner and at a location approved by the City Unless otherwise permitted by the City all
connections shall be made at the point of lowest elevation on the City sanitary sewer main or
manhole abutting or fronting the affected property
c
d
Design criteria and pipeline materials criteria acceptable for design purposes shall be
provided by the Public Works Department Engineering Division for sanitary sewer lines within
the public rightofway and by the Building Department for sanitary sewer lines on private
property
e
No more than one lot parcel or tract of land shall be served from one sanitary sewer An
exception may be granted by the City for the following circumstances
1
Where one or more multifamily structures are located on a single parcel under
common ownership and are served by a common Building Sanitary Sewer Lateral
the structures may share the same Building Sanitary Sewer Lateral if sized and
constructed to contain the sanitary sewer flows in a safe and adequate manner
2 Where one structure is constructed behind another and a direct connection to the City
sanitary sewer main cannot be constructed the existing Building Sanitary Sewer
Lateral for the front structure may be extended to the rear structure if sized and
constructed to contain the sanitary sewer flows in a safe and adequate manner This
condition if approved will require the recordation of an easement and maintenance
agreement establishing authority and responsibility for the jointly used sections of the
sanitary sewer line for both structures
080
14
Design
Review and
Approval
The Public Works DirectorCity Engineer shall approve all designs for City sanitary
sewer facilities before issuing any required permits Five sets of design documents shall be
submitted to the Public Works DirectorCity Engineer for review and approval The City shall
review and comment on submitted design documents within thirty 30 calendar days of receipt
a
of the documents
The design engineer shall make all modifications changes and revisions requested by the
City prior to any re submittal of design documents previously reviewed by the City When all
design documents meet the requirements of this chapter to the satisfaction of the City heshe will
approve the design documents in writing within thirty calendar days of receipt of acceptable
design documents All design documents shall be marked APPROVED and shall indicate the
b
date approved
The approved design documents shall become the approved construction documents upon
issuance the required permits The City shall return two sets of approved construction documents
with the encroachment permit to the permittee The permittee shall keep at least one copy of the
c
plans at the construction site at all times One plan set shall be retained for recordation of any
changes or modifications made during construction Any changes or modifications made to the
construction documents as constructed shall receive prior written approval by the City Changes
to the sanitary sewer line design will receive prior written approval from the building official As
a condition of final acceptance or approval of completed sanitary sewer facilities the permittee
shall submit one set of asbuilt construction documents to the City for the public record As
built construction documents shall show locations of all sanitary sewer facilities as actually
installed in the field to the nearest 0
25 feet vertically and horizontally
090 Construction Standards General
14
a
Construction of wastewater collection facilities shall be in accordance with the
requirements of the City and construction documents approved by the City this Chapter and
other applicable provisions of the City of South San Francisco Municipal Code
Any Property Owner constructing sanitary sewer facilities in the City shall comply with
all state county and City laws ordinances regulations and standards pertaining to construction
b
practices Where excavations over five feet are proposed the applicant shall provide the City
with a copy of the approved trench excavation permit obtained from the local office of Cal
OSHA The user undertaking construction shall pay all required fees for any permit required by
government regulations
c
Any user constructing sanitary sewer facilities shall provide adequate precaution to
protect the public from potential injury resulting from any construction work All excavations
shall be adequately guarded with covers barricades cones lights and warning tape to protect the
public from hazards Any public property including sidewalks streets and landscaped areas shall
be protected from damage Any interference or damage to public property or private property
shall be restored and repaired in a manner satisfactory to the Public Works DirectorCity
Engineer or private owner as appropriate
d
Grade and line stakes shall be set by a registered civil engineer or land surveyor or an
appropriate employee of either prior to the start of construction work on any wastewater
collection system element The contractor performing the work shall be responsible to accurately
transfer established
design grades
and elevations to constructed work
100 Construction Inspection Requirements
14
All construction work performed pursuant to this Chapter within the public rightofway
and Public Utility Easements shall be inspected by the Public Works Director or by hisher
designee Work performed on private property shall be inspected by a City Building Inspector
All work shall be inspected by the contractor prior to requesting an inspection by the City Upon
an appropriate request for inspection from the contractor the appropriate City official shall
inspect the construction work for compliance with the approved construction documents No
construction work shall be covered or obscured before the City official or hisher designee has
made the required inspection and approved the construction work
a
The contractor shall comply with and submit all test reports material submittals
b
certifications and schedules as required by the Public Works DirectorCity Engineer or building
official including but not limited to inspection and testing required by this Chapter Any
materials or workmanship not meeting approved construction document requirements shall be
immediately removed or corrected to the City
s satisfaction with a reasonable time
Before acceptance of any construction work by the City and prior to admission of any
sewage into the City
s wastewater collection system the construction work shall be fully
inspected tested and approved by the building official for sanitary sewer lines on private
property and by the City for sanitary sewer lines in the public rightofway Upon acceptance of
the construction work the building official andor Public Works Director or hisher designee
shall issue a signed and dated certificate of compliance for the constructed sanitary sewer
facilities copies of which shall be provided to the contractor and property owner
c
110 Testing Requirements
14
Prior to the acceptance of any constructed sanitary sewer facilities testing shall be performed
and shall pass acceptance standards specified by the Public Works Director or hisher designee
andor building official These tests shall include as a minimum low pressure air tests andor
pressurized water leakage tests of all sanitary sewer pipelines manholes and appurtenant
structures
120 Building Sanitary Sewer Laterals
14
The property owner at hisher expense shall maintain all Building Sanitary Sewer
a
Laterals including but not limited to the building drain Building Sanitary Sewer Lateral to the
cleanout wye connection or to the City sanitary sewer main as provided below building
cleanout sidewalk cleanout frame and cover backflow protection and backflow relief
equipment The property owner shall provide all maintenance of the Building Sanitary Sewer
Lateral including the wye connection to a City sanitary sewer main to ensure unobstructed flow
of sewage from the property to the City sanitary sewer main The property owner shall be
responsible for clearing all obstructions in the Building Sanitary Sewer Lateral immediately upon
discovery or notification by the City When clearing any obstructions in the Building Sanitary
Sewer Lateral or performing any maintenance to the Building Sanitary Sewer Lateral the
property owner must install a temporary trap downstream of the Building Sanitary Sewer Lateral
to ensure any rootball debris or other items dislodged from the sewer lateral do not flush into the
s sanitary
City
sewer
system
The City may require property owners to remove roots from private laterals that are
growing into lower lateral sewer lines in the sanitary sewer system owned by the City Where
this condition occurs the City will promptly notify the private property owner Within thirty 30
days of receiving notification from the City the private property owner shall remove the roots
from the Building Sanitary Sewer Lateral and will make all necessary repairs to the Building
Sanitary Sewer Lateral to prevent a reoccurrence of root intrusion that reaches the City
s lower
b
lateral
Any Building Sanitary Sewer Lateral blockage that cannot be mitigated through
c
implementation of reasonable measures by the property owner andor a licensed professional
sanitary sewer cleaning contractor shall be reported to the Public Works Department
immediately The property owner shall reimburse the City for all reasonable costs as determined
by the City incurred by the City relative to any work or services rendered to remove a blockage
or repair or otherwise work on a sewer line facility which is the responsibility of the property
owner The City shall only maintain the Building Sanitary Sewer Lateral from the cleanout wye
inclusive of the cleanout wye to the City sanitary sewer main under the following
circumstances
1
A cleanout is provided either in the sidewalk or within two and onehalf feet of the face
of curb or edge of pavement where there is no sidewalk or in a side or rear yard within
two and one half feet of the City main when the cleanout is located outside of these
designated areas the property owner is responsible for maintaining the Building Sanitary
Sewer Lateral all the way to the City sanitary sewer main including the wye connection
at the main The above maintenance responsibilities shall be conducted in full compliance
with all applicable requirements contained in this chapter
2
Prior to the City
s acceptance of maintenance responsibility for that portion of a Building
Sanitary Sewer Lateral from a newly installed cleanout to the main including the wye
connection to the main the property owner shall be responsible for having this section of
lateral inspected internally by a closed circuit television camera and providing these
results to the City for review If the City determines that this section of the lateral is
defective and does not meet City
s requirements the property owner shall be required to
perform all repairs necessary to bring the condition of the lateral up to City standards
Property owner must obtain an encroachment permit from the City prior to performing
any required repairs on the City
s rightofway The City will accept maintenance
responsibility for the section of the lateral from the new cleanout to the main only after
both of the following conditions have been met 1 the City has issued an encroachment
permit for the required repairs in the City
s rightofway and 2 all repair work is
completed to the City
s satisfaction
3
Where a property owner or tenant in the absence of action by the property owner refuses
to mitigate a condition that causes sewage to leak from the Building Sanitary Sewer
Lateral after discovery or notification by the City or if action is not effective the City
has the option to either make the repairs itself or hire a licensed contractor all at the
s expense to mitigate the condition If payment is not made by the owner the City
owner
may impose a property tax lien to recover all of its costs associated with repairing the
leakage
130 Abatement of Leaks Breaks and Improper
14
Sanitary
Sewer Conditions
a
All Building Sanitary Sewer Laterals cleanouts andor sanitary sewer appurtenances
which are found to contain leaks breaks uncapped cleanouts down spouts or yard drains which
discharge into the City
s wastewater collection system and any sources of accidental negligent
or intended introduction of storm water into the City
s wastewater collection system are declared
to be a violation of this Chapter and shall be abated by the Property Owner who is required to
remove or correct such improper sanitary sewer connections The Property Owner shall have
thirty 30 days from the date of the City
s notice of violation to obtain permits and undertake
repairs unless public health and safety considerations require earlier action If the work is not
completed within this time frame the City at its option may either make the repairs itself or hire
a licensed contractor to mitigate the condition all at the owner
s expense If payment is not made
by the owner the City may impose a property tax lien to recover all costs associated with
mitigating the improper sanitary sewer connection
Where a sanitary sewer overflow has occurred in the City
s wastewater collection system
as a result of a blockage break or other issue in a Building Sanitary Sewer Lateral the property
owner shall obtain permits and repair or replace the Building Sanitary Sewer Lateral causing the
sanitary sewer overflow within one hundred and twenty 120 days unless
b
1
The property owned by the property owner is undergoing an extensive remodel in which
case the repair andor replacement of the Building Sanitary Sewer Lateral shall occur no
later than the new occupancy date for the building or
2
The property owner claims financial hardship in which case the City may conduct the
repair or replacement and may impose a lien on the property to recover costs
If the work is not completed within the time frame required by this Section the City at
c
its option may either make the repairs itself or hire a licensed contractor to mitigate the
condition all at the owner
s expense If payment is not made by the owner the City may impose
a property tax lien to recover all costs associated with mitigating the improper sanitary sewer
connection
140 Inspection of Building Sanitary Sewer Laterals as Precondition for Obtaining a
14
Building Permit
a For any project requiring a building permit where more than twentyfive percent of the
building area is being remodeled altered or enlarged the project applicant or property
owner shall inspect all Building Sanitary Sewer Laterals on the property for defects and
obtain a Certificate of Compliance before a building permit is issued
b Building Sanitary Sewer Laterals are to be inspected by Property Owners and their
condition evaluated by the City according to the process set forth below
1 The inspection must be conducted by a licensed plumber or sewer contractor
using a closed circuit television camera CCTV to adequately evaluate the
internal condition of the sewer lateral identify the property address and be
performed in the presence of a City representative
2 Upon completion of the inspection the person conducting the inspection shall
provide a copy of the video of the inspection to the City for viewing and
evaluation by the City
3 The City shall evaluate the video for defects including blockages structural
defects illicit connections open joints appropriate cleanouts materials that do
not have a remaining design life of twentyfive years missing sewer relief valves
and sewer backwater valves
4
A Building Sanitary Sewer Lateral shall be considered in compliance with the
provisions of this Chapter and a Certificate of Compliance issued if the video of
the inspection verifies all of the following conditions to the satisfaction of the
City
A The Building Sanitary Sewer Lateral is free of roots deposits of Fats
Oils and Grease FOG or other solids which may impede or obstruct
the flow of sewage
B There are no illicit or illegal connections to the Building Sanitary
Sewer Lateral which would cause inflow such as roof leaders or yard
drains
C All joints in the Building Sanitary Sewer Lateral are tight and sound to
prevent the exfiltration of sewage or the infiltration of groundwater
D The Building Sanitary Sewer Lateral is free of structural defects
cracks breaks or missing portions and the grade is reasonably uniform
without major sags or offsets
E The Building Sanitary Sewer Lateral is equipped with cleanouts per
city standards
F The Building Sanitary Sewer Lateral is constructed of materials with a
remaining design life of at least twentyfive years
5
Any defects in the Building Sanitary Sewer Lateralthat cause the sewer lateral to
fail the inspection must be repaired or replaced within one hundred twenty 120
days of the date the City determines that a defect exists Proof of the repair or
replacement as directed by the City must be provided to the City before a
Certificate of Compliance andor building permit will be issued
150 Sidewalk Cleanouts
14
Sidewalk cleanout construction details and material specifications shall conform to the
current edition of the City specifications and standard plans for public works construction a
a
copy of which is available for viewing at the public works engineering office or on City
s
website Cleanouts if not existing shall be installed at the Property Owner
s expense under any
of the conditions listed below
1 All new construction
2
On remodels where more than twentyfive percent of the building area is being
remodeled
3
When any replacement or repair is performed on the Building Sanitary Sewer Lateral
4
Whenever backflow protection andor relief device is installed
5
When a property has been damaged by the blockage of the City sanitary sewer main
6
On all structures where a pump is used to lift sewage to the Building Sanitary Sewer
Lateral and City sanitary sewer main or on structures where the elevation of any floor
is at or below the invert of the City sanitary sewer main or where a condition may
exist where a plug in the City sanitary sewer main will cause the hydraulic grade line
to rise above the lowest floor level
b
Failure of the owner to install a sanitary sewer cleanout for or as a result of any of the
above conditions shall relieve the City of any and all responsibilities for any and all subsequent
damage caused by sanitary sewer overflows
160 Certificate of Compliance Required Upon Sale
14
a
Except as provided in subsection b of this section before a property is to be transferred
to or vested in any other person or entity the Property Owner must at hisher own expense
conduct testing and inspection of the Building Sanitary Sewer Lateral as required by this Chapter
in order to obtain a Certificate of Compliance A Certificate of Compliance may be issued by the
City if the Property Owner conducts testing that satisfies Section 14
b of this Chapter
140
Any subsequent repair or replacement work deemed necessary as a result of an inspection shall
be completed and approved by the City prior to issuance of a Certificate of Compliance and
transfer of title
b
Exceptions This section shall not apply
1
To condominium or cooperative apartment buildings or the units within those
buildings except as a condition to conversion to a condominium or cooperative
apartment building or
2
To properties for five 5 years after issuance of a Certificate of Compliance by the
City under this Chapter or
To properties for five 5 years after acceptance of a test pursuant to this Chapter if
partial or no repairs of the lateral were required and any repairs were completed
3
pursuant to permit and inspection by the City or
4
For five 5 years after inspection and approval by the City of completed alterations to
the lateral if alterations pursuant to a City permit were made to the location of or
connections to the lateral following a test pursuant to this section or
5
To properties that were constructed less than twenty 20 years before the anticipated
date of
sale
or
6
To properties for twenty 20 years after City acceptance of construction work
provided that replacement of the complete sewer lateral was performed and accepted
or
7
If the Public Works DirectorCity Engineer determines testing is unnecessary because
the piping has less than three 3 joints and the total length does not exceed ten 10
feet
d
Prior to the close of escrow upon a sale or other transfer of the house building property
or other structure served If there is no escrow prior to recording a deed or other document
transferring title to the house building property or other structure served
170 Time Extension Certificate
14
a
Notwithstanding Section 14
160 the requirement to obtain a Compliance Certificate
prior to transfer of title in no way affects the legality of the transfer of title of the underlying
property transaction If Certificate of Compliance can not be obtained prior to title transfer the
property owner may request to the Public Works Director in writing for a time extension Time
Extension Certificate of up to one hundred and eighty 180 days in which to perform the
inspection andor repairs or replacement required by this Chapter
The Time Extension Certificate request shall be submitted to the City with the required
b
fee established by the South San Francisco Master Fee Schedule
As a condition of issuance of a Time Extension Certificate funds in the amount of 7
500
c
are to be posted into an escrow account Notwithstanding the escrow deposit Property Owners
are responsible for the full cost of Building Sanitary Sewer Lateral compliance with City
ordinance requirements which may exceed the 7
500 escrow deposit Once the Building
Sanitary Sewer Lateral passes the required inspection and a Certificate of Compliance is issued
by the City funds will be released in accordance with escrow instructions
d
In the event that the work required by this Chapter is not completed within one hundred
and eighty 180 days of issuance of the Time Extension Certificate or the work does not meet
the conditions required by this Chapter the escrow funds may be forfeited following a hearing
as appropriate and the current Property Owner will be responsible for compliance with the
requirements of this Chapter The City will take possession of the forfeited escrow funds and the
current Property Owner must affirmatively demonstrate that Building Sewer Lateral complies
with this Chapter prior to requesting that the City consider release of the forfeited funds less the
s costs which may include costs of abatement After close of escrow the current property
City
owner shall be responsible for all costs associated with compliance of this Chapter
180 Notices to correct violations
14
If the Public Works Director receives notice that a Building Sanitary 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
S mail and shall
U
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
190 Additional Events triggering the requirement to Obtain a Certificate of Compliance
14
Except as provided in section 14
b all Building Sanitary Sewer Laterals for those new
160
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 perform the
necessary inspection in order to obtain a Certificate of Compliance as required in this Chapter at
the Property Owner
s expense when any of the following events occur
1 There is an application for a certificate of occupancy for a new building
2 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
3 Upon repair or replacement of any portion of a Building Sewer Lateral
200 Regulations to implement this chapter
14
The City Manager or his or her designee is authorized to and may establish rules regulations
guidelines and policies for implementing and enforcing this Chapter
210 Nuisance
14
Any Building Sanitary 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 the
applicable provisions of State law and the South San Francisco 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 Sanitary Sewer Lateral with sewer cleanouts which
contain leaks or breaks any Building Sanitary Sewer Lateral to which a cleanout and a
Backflow Prevention Device is not properly attached or properly functioning any uncapped or
improperly capped sewer cleanouts 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 runoff or similar waters into the Public Sewer
SEVERABILITY
SECTION 2
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional the remainder of this Ordinance including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect To this end provisions of this Ordinance are
severable The City Council of the City of South San Francisco hereby declares that it would
have passed each section subsection subdivision paragraph sentence clause or phrase hereof
irrespective of the fact that any one or more sections subsections subdivisions paragraphs
sentences clauses
or
phrases
be held unconstitutional
invalid
or
unenforceable
SECTION 3
PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933 a summary of this
Ordinance shall be prepared by the City Attorney At least five 5 days prior to the Council
meeting at which this Ordinance is scheduled to be adopted the City Clerk shall 1 publish the
Summary and 2 post in the City Clerk
s Office a certified copy of this Ordinance Within
fifteen 15 days after the adoption of this Ordinance the City Clerk shall 1 publish the
summary and 2 post in the City Clerk
s Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting This ordinance shall become effective thirty days from and after
its adoption
Introduced at a regular meeting of the City Council of the City of South San Francisco
held the 25 day of January 2012
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 8 day of February 2012 by the following vote
Councilmembers Mark Addiego Karyl Matsumoto and Kevin Mullin
AYES
Vice Mayor Pedro Gonzalez and Mayor Richard Garbarino
NOES
None
ABSTAIN
None
ABSENT
None
ATTEST
yezr
y
C
As Mayor of the City of South San Francisco I do hereby approve the foregoing
Ordinance this 8 day of February 2012
a
a
afri
rbarino
Richard A
Mayor