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HomeMy WebLinkAboutORD 708ORDINANCE 708 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE DISCHARGE OF SEWAGE IN THE CITY OF PALM DESERT AND PROVIDING PENALTIES FOR VIOLATIONS. The City Council of the City of Palm Desert DOES HEREBY AMEND Section 1.08.010 of Title 1 of the Palm Desert Municipal Code to read as follows: SECTION 1.08.010 AUTHORITY OF CITY MANAGER. The city manager and/or his designated representative acting as the director of code compliance, zoning and license officer, director of building and safety, building inspector, construction inspector, and health officer, shall have the power to issue misdemeanor or infraction citations with respect to any violation of any section of the municipal code except those specific codes administered solely by the fire department and police department. The city manager and/or his designated representative acting as the fire marshal and/or fire inspector shall have the power to issue misdemeanor or infraction citations only with respect to any violation of any section of the Uniform Fire Code adopted by the Palm Desert Municipal Code. However, the city manager and/or his designated representative shall have the power to issue citations for non-moving traffic violations. The City Council of the City of Palm Desert, California, DOES HEREBY ADD the following to Title 8 of the Palm Desert Municipal Code: SECTION 8.55.01. INTENT AND PURPOSE. A) It shall be unlawful for any person to discharge or deposit or cause or permit to be discharged or deposited any sewage, sewage effluent or non- hazardous waste whether treated or untreated in or upon any incorporated area within the City of Palm Desert, including any deposit or discharge of sewage into streams or bodies of water above or below the ground. When sewage, other than the discharge from an approved sewage treatment plant, is overflowing or being discharged upon the surface of any premises, the health officer may order the occupant or occupants thereof who contribute to such overflow or discharge to abate the same forthwith. it Ordinance No. 708 Page 2 B) It shall be unlawful for any person to install or alter plumbing facilities or drainage systems for the discharge or deposit of any sewage, sewage effluent, or non -hazardous waste from any dwelling, house or building or appurtenance thereof in or upon any incorporated area within the City of Palm Desert, or into streams or bodies of water above or below the surface where the same is, or may be carried through, or upon, any incorporated area within the City of Palm Desert, without first securing, in the manner hereinafter provided, an approval from the health officer of said county. SECTION 8.55.02. DEFINITIONS. A) "Approval" shall mean the written approval by the health officer or his designated representative of a plan to reconstruct, rebuild, convert or alter any subsurface sewage disposal system which discharges or disposes of sewage, sewage effluent, or non -hazardous waste. B) "Building Official" shall mean the director of building and safety as appointed by the city manager of the City of Palm Desert. C) "Critical Area" shall mean those areas determined by the health officer to be difficult for installation of a subsurface sewage disposal system due to one or more of the following: lot size, seasonal groundwater, slope, poor soil conditions. D) "Director of Code Compliance" shall mean the director of code compliance as appointed by the city manager of the City of Palm Desert. E) "Health Department" shall mean the Riverside County Health Department. F) "Health Officer" shall mean the Health Officer of the County of Riverside, or his designated representative. G) "Holding Tank" shall mean a sewage facility, of a temporary nature only, that has no means of discharge, requires periodic maintenance and is under the control of the sewering agency which serves the area. H) "Person" shall mean any person, firm, partnership, corporation, association, club or organization. I) "Private sewage disposal system" shall mean a septic tank with the effluent discharging into a subsurface disposal field, into one or more seepage pit or of such other facilities as may be permitted under the procedures set forth elsewhere in this code. Ordinance No. 708 Page 3 J) "Public Sewer" shall mean a common sewer directly controlled by the Coachella Valley Water District. K) "Sewage" or "Sewage Effluent" shall mean waste as defined in Section 5410 (a), California Health and Safety Code and includes all non -hazardous waste. L) "Sewage Facilities" shall mean subsurface sewage disposal systems, holding tanks, alternative systems, experimental systems or other methods of disposing of sewage as approved by the health officer. SECTION 8.55.03. GENERAL REQUIREMENTS FOR AN APPROVAL. A) No person shall erect, construct, rebuild, convert or alter any installation of plumbing facility for the discharge or disposal of sewage, sewage effluent, or non -hazardous waste, unless he has first obtained a written approval for such purpose from the health officer. B) An approval granted under the terms of this ordinance shall remain valid for a period not to exceed one (1) year from the date of issuance. An approval shall be deemed utilized upon issuance of a building permit and commencement of construction. C) Actual construction of approved sewage facilities shall be performed under permit issued by the Department of Building and Safety, City of Palm Desert. 1) If it is impractical to connect a plumbing fixture affecting the sanitary drainage system with a street sewer, the sewage effluent or non -hazardous waste must be disposed according to the minimum standards of the most recent edition of the Uniform Plumbing Code and the sewage disposal requirements of the health department after the affected date of this ordinance, as such requirements may be amended from time to time. a) The type of sewage facilities installed shall be determined on the basis of location, soil porosity, site slope and ground water level, and shall be designed to receive all sanitary sewage from the property. No surface drainage shall be permitted to enter any part of the system. The system, except as otherwise provided, shall consist of a septic tank with effluent discharging by gravity flow• into a subsurface disposal field, into Ordinance No. 708 Page 4 one (1) or more seepage field and seepage pits. Under special circumstances other disposal methods may be utilized with approval of the health officer. b) The location and installation of the sewage facilities and each part thereof shall be such that, with reasonable maintenance, the system will function in a sanitary manner and will not result in contamination, pollution or creation of a nuisance or endanger the safety of any domestic water supply. c) Approval of subsurface sewage disposal systems in critical areas shall require detailed review and on -site inspections. Critical areas are generally identified on a map on file in the health department, and such map may be updated to include new areas as necessary. 2) Any person desiring approval of sewage facilities shall submit an application on a form to be provided by the health department. Such application shall be accompanied by a fee as required in the resolution adopted pursuant to Section 8.55.06 of this ordinance. The application shall contain the following information: a) Name and address of applicant. b) Location of the proposed installation or reconstruction. c) A scaled, contoured plot plan drawn in a professional manner describing the proposed construction or alteration in sufficient detail to enable the health officer to determine whether the proposed installation or alteration is in compliance with the provisions of Section 8.55.03 of this ordinance. d) Other information as deemed necessary by the health officer to adequately determine the suitability of a site for the utilization of subsurface sewage facilities. This information may consist of one or more of the following: i) A soils feasibility report which adequately evaluates soil percolation. ii) A special feasibility boring report (groundwater and/or bedrock). Ordinance No. 708 Page 5 An engineered topographical map. 3) Action on Application for Approval. a) Applicants shall be notified of incomplete or inaccurate applications within 10 working days after the date of the filing of the application. The applicant may make the proper corrections and resubmit the corrected application. b) Except as to incomplete or inaccurate applications as hereinabove provided, all applications for approval shall be approved or denied, in whole or in part, within 15 working days after the date of filing. If an application is denied, in whole or in part, the applicant may amend the application and resubmit the amended application. 4) Revocations of Approvals. a) An approval may be revoked by the health officer for failure of the applicant to provide proper, complete and accurate information regarding site conditions for a proposed subsurface sewage disposal system. b) An approval previously granted may be rescinded if soil conditions change significantly prior to construction that would affect the proper operation of a subsurface sewage disposal system. c) An approval may be revoked for failure to maintain plumbing and sewage facilities (i.e. holding tanks, chemical toilets, etc.) in a sanitary manner. 5) Hearing Before the Palm Desert Board of Appeals and Condemnation. a) Any person whose application for an approval has been denied, in whole or in part, or to whom a certificate of completion has been refused, or whole approval has been revoked or ordered to connect to the public sewer may within 10 days after such action has been taken appeal to the Palm Desert Building Board of Appeals and Condemnation for a hearing by filing with the building official of said Board, in writing, a Notice of Appeal from the action taken by the health officer. The building official, Ordinance No. 708 Page 6 immediately upon a receipt of a notice of appeal, shall set a date for a hearing thereon, such hearing to be not less than 10 nor more than 30 working days from the filing of said notice. At the hearing, the building board of appeals and condemnation shall receive all pertinent oral and documentary evidence hereon. Upon the conclusion of the hearing, the building board of appeals and condemnation, within 15 working days, shall render its decision in reference to the subject matter of the appeal. SECTION 8.55.04 HOLDING TANKS. A) A holding tank may be approved by the health officer if approval to utilize a subsurface sewage disposal system has been denied provided the sewering agency which serves the area agrees in writing to the installation of a holding tank and the following conditions are met: 1) A holding tank may be approved for a period not to exceed two (2) years from the date of approval. A "will serve" letter from the sewering agency which serves the area shall be submitted which indicates the site can be provided sewer service within the two ( 2 ) year approval period. An extension of the two (2) year approval may be considered upon notification from the sewering agency. 2) The sewering agency for the area takes responsibility for the operation and maintenance of the holding tank. 3) No commercial food facilities shall be approved for connection to a holding tank. 4) When a sewer line becomes available, abandonment of the holding tank in a proper manner and connection to the sanitary sewer will be required within a period not to exceed 60 calendar days. 5) A holding tank shall not be approved in an area not served by a sewering agency, unless approved in writing by the health officer. 6) No holding tank facility shall be placed in any portion of a public right-of-way without written approval from the responsible public agency. Ordinance No. 708 Page 7 SECTION 8.55.05 REQUIRED CONNECTION TO THE PUBLIC SEWER. As determined by the health officer, upon evidence of chronic failure of a private sewage disposal system, and the public sewer is available and is located within 200 feet from any lot or building served by the failing private sewage disposal system, the property owner shall be ordered to connect to the public sewer within a period to time prescribed by the building official and the health officer. Failure of the property owner to comply with the order to connect to the public sewer shall be deemed a violation pursuant to Section 8.55.08 and a public nuisance per Section 8.55.09 of the Palm Desert Municipal Code. SECTION 8.55.06 APPROVAL FEES. A) Health Department Fees: The fees required to obtain an approval from the health officer under the provisions of this ordinance shall be as specified in a resolution by the Board of Supervisors and shall be in such amounts as are based upon a cost analysis determined by the Riverside County Auditor -Controller. B) Permit Fees: The fees required for the permit by the City of Palm Desert, and Safety, shall be the most schedule set forth by resolution Council. SECTION 8.55.07 ENFORCEMENT. issuance of a building Department of Building recently adopted fee of the Palm Desert City It shall be the duty of the county health officer or his agents to enforce the provisions of this ordinance. SECTION 8.55.08 VIOLATIONS. Any person violating any provision of this ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offence for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted. Ordinance No. 708 Page 8 Any person convicted of a violation of this ordinance shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site. The third and any additional violations on the same site shall be punishable by a fine not exceeding $1000.00 or six (6) months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation. SECTION 8.55.09 PUBLIC NUISANCE DECLARATION. In addition, any violation of this ordinance is hereby declared to be a public nuisance and may be abated by the building official or director of code compliance or health officer or their duly authorized agents irrespective of any other remedy hereinabove provided. SECTION 8.55.10 SEVERABILITY. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. SECTION 8.55.11 CITY CLERK'S CERTIFICATION. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this ordinance to be published once within 15 days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in full force and effect 30 days after adoption. t. Ordinance No. 708 Page 9 PASSED, APPROVED, and ADOPTED this 25th day of 'larch 1993, by the City Council of the City of Palm Desert, California, by the following vote: AYES: CRITES, KELLY, SNYDE'R, WILSON, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE J n Benson, Mayor ty of Palm Desert, California ATTEST: ^ "'l; n r SHEILA R.�G�LIGA�N,C�YCLERK City of Palm Desert alifornia