HomeMy WebLinkAbout2004-02-10; City Council; 17517; Ord NS-696 sewer laterals repair & maintm# 17,517
ATG. 02-1 0-04
IEPT. PW-M&O
RECOMMENDED ACTION:
TITLE:
AN ORDINANCE AMENDING TITLE 13, CHAPTER 13.04,
SEWERS; GENERAL REGULATIONS, OF THE
CARLSBAD MUNICIPAL CODE REGARDING
RESPONSIBILITY FOR MAINTENANCE AND
REPAIR OF SEWER LATERALS
CITY ATTY
CITY MGR
Introduce Ordinance No. NS-696 amending Title 13, Chapter 13.04 (Sewers; General Regulations)
of the Carlsbad Municipal Code to assign responsibility for maintenance and repair of sewer laterals to
private property owners and to assist private property owners in emergencies involving sewer laterals
to protect the health and safety of the public.
ITEM EXPLANATION:
Sewer laterals are that portion of sewer pipes that carry sanitary sewage and/or industrial wastes from a
building to the public sewer. A public sewer includes any sewer that conveys wastewater to a publicly
owned treatment works. (POTW)
It has been the City’s practice to assist private property owners with cleaning and maintaining their
private sewer laterals from the property line to the center of the City’s sewer main, located in the City’s
right-of-way. This is not a standard practice among agencies providing sewer services because of the
cost and the relative benefit to only a few ratepayers. In addition, in recent years we have learned more
about the potential liability and costs associated with assuming responsibility for sewer laterals. As a
result of these facts, a City-staffed goal team was created to study the issue and formulate a policy
regarding sewer lateral maintenance. A staff report on this issue is attached as Exhibit 3.
Conclusions from the sewer lateral staff report include:
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The City’s existing practice of removing blockages, making repairs and replacing sewer laterals, and
responding to other requests for assistance related to sewer lateral maintenance, has led to
increases in the City’s operational costs and liability exposure.
Industry de-contamination practices and costs following a sewer overflow, and significant growth in
litigation associated with water damage has increased the costs associated with continuing our
current practices.
Responsibility for the lateral, combined with (a) the City’s inability to perform preventive maintenance
on private sewer laterals due to the total number of sewer laterals and the costs of preventive
maintenance, (b) questionable determinations regarding City responsibility from a third party
(plumber), and (c) increased liability exposure associated with private property damage related to
sewer spills, means the City is vulnerable to losses over which it has little control.
The combination of aging private sewer laterals in the City and new home construction make the
prospect of future operational and liability costs significant under the City’s existing sewer lateral
maintenance and repair practices.
It is the norm, rather than the exception among local agencies to assign responsibility for the
maintenance of private sewer laterals to the property owner. Elimination of sewer lateral services
would bring the City’s practices in line with the Leucadia Wastewater District, which serves some of
Carlsbad’s residents in the southern area of the City, and result in consistency in services provided
to all Carlsbad residents.
An ordinance assigning responsibility for the sewer lateral to the property owner allows the City to
provide emergency assistance when necessary to protect the health and safety of citizens, without
also bringing liability to the City.
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Page 2 of Agenda Bill No. l7 517
7. A comprehensive policy assigning responsibility to the property owner, along with adequate outreach to
educate property owners on their responsibilities and preventive maintenance measures available,
would improve efficiency and minimize loss exposure.
Staff recommends that the City Council take the following actions: (1) Approve and adopt Ordinance No.
w-696 , an ordinance identifying the property owner as the party responsible for maintenance and
repair of the sewer lateral and allowing for the provision of emergency assistance, if necessary, to protect
the health and safety of the public; and (2) direct staff to establish an outreach program to provide
information to the public on the affects of Ordinance No. NS-696 , on property owners, including
suggested preventative sewer lateral maintenance practices.
FISCAL IMPACT:
If the City Council approves Ordinance No.Mdhe fiscal impact is a savings of approximately $10,000
annually in staff costs for cleaning and maintenance in response to laterals where problems, such as root
clogging, presently occur, plus associated costs of materials and equipment and liability exposure. The
most significant of the cost savings is the reduction of liability exposure since liability costs associated with
overflows cannot be predicted, and they are extremely difficult to control.
There are sufficient funds in the Sewer Enterprise Fund Operating Budget to cover the cost of an outreach
program to educate the public regarding preventative sewer lateral maintenance practices. The cost for
this program is estimated to be $5,000 for the first year. The costs would be lower in subsequent year
because the program would focus only on the educational component; Le., suggested preventative sewer
lateral maintenance practices.
Should the City Council not wish to adopt the proposed amendment to Title 13, Chapter 13.04 as
described above, then the Council could proceed with one of the following:
1. Continue with the City’s existing practice of removing blockages, making repairs and replacing sewer
laterals, and responding to other requests for assistance related to sewer lateral maintenance. Present
costs of this practice are approximately $10,000 annually. By continuing this existing practice the City
may remain exposed to unpredictable liabilities, as explained previously.
2. One other additional option would be to adopt a new City-funded preventative sewer lateral
maintenance program. The estimated start up costs for a new program to cover the maintenance of
all sewer laterals, in addition to the sewer mains, would be approximately $4,000,000, with annual
costs exceeding $400,000. Funding this option would require an increase in the sewer charges.
EXHIBITS:
1. Ordinance No. NS-~~F, of the City Council of the City of Carlsbad, Amending Title 13, Chapter 13,
Chapter 13.04 of the Carlsbad Municipal Code Pertaining to Sewer Laterals.
2. Ordinance No. N/A of the City Council of the City of Carlsbad, Amending Title 13, Chapter 13,
Chapter 13.04 of the Carlsbad Municipal Code Pertaining to Sewer Laterals - RedIineEtrikeout
version
3. Sewer Lateral Maintenance Staff Report dated December 31,2002
DEPARTMENT CONTACT: Robert J. Greaney (760) 438-2722, ext 71 05, bgrea@ci.carlsbad.ca.us
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ORDINANCE NO. NS-696 EXHIBIT 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING TITLE 13, CHAPTER 13.04 OF THE CARLSBAD
MUNICIPAL CODE PERTAINING TO SEWER LATERALS.
SECTION 1: That section 13.04.010 of the Carlsbad M al Code is amended to read
as follows:
"1 3.04.01 0 Definitions.
A. For the purposes of this chapter th wing words and phrases shall have the
Director of Public Works of the city or his
Carlsbad unless otherwise identified.
demanding immediate
tial public services.
from the handling,
acidified sample of a
ropriate procedure in
7. "Grease interceptor'' means a pretreatment device designed and installed to
8. "Industrial waste" means solid, liquid or gaseous substances discharged or
flowing from an industrial, manufacturing or commercial premises resulting from manufacturing,
processing, treating, recovery or development of natural or artificial resources of whatever nature.
9. "Industrial wastewater" means all water-carried wastes and wastewater of the
community excluding domestic wastewater and including all wastewater from any industrial
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production, manufacturing, processing, commercial, agricultural or other operation. These ma
also include wastes of human origin similar to domestic wastewater.
IO. "Joint sewer system" means the sewer system constructed joint
Sanitation District, the city and
entitled "Basic Agreement between Vista Sanitation District and the
Acquisition and Construction of a Joint Sewer System" (County Con
amendments and supplements thereto and as such sewer syst
certain map entitled "Map of Joint Sewer System--City o
Carlsbad for the
0. 1858-2129E) and all
specifically delineated on that
oard of supervisors of the Buena
Sanitation District as Document No. 381 247.
11. "Operator" me
12. "Owner" inch
guardian or other fiduciary, lesse
real property.
ct, the state, the United States of America or any
15. "Premises" means any lot, piece or parcel of land, building or establishment.
16. "Sewage" means the waterborne wastes derived from ordinary human living
ousehold aerobic units.
17. Sewer, Building or House. "Building or house sewer", also known as the
"lateral", or the "sewer lateral" means a pipe or conduit carrying sanitary sewage and/or industrial
wastes from a building to the public sewer or a common sewer.
Page 2 of Ordinance No. NS-696
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18. Sewer, Main. "Sewer main" means any public sewer used to collect and
sewage or industrial wastes to a publicly owned treatment works (POTW).
19. Sewer, Private. "Private sewer" refers to a privately owned
directly controlled by the city.
20. Sewer, Public. "Public sewer" means a publi ned treatment works
d its member agencies. This
astewater to the POTW plant, but
ot connected to the facility providing
onvey wastewater to the POTW from
(POW), which is owned in this instance by Encina Joint Pow
definition includes the sewer main and any sewers that co
does not include pipes, sewers or other conveyan
treatment. "Public sewer" also includes an
persons outside the cities of Carlsbad
District, the Buena Sanitation Distri
agreement with said cities an
Sanitary District, who are, by contract or
of the Encina Water Pollution Control Facility.
the collection, transport
concentration of any
longer than fifteen
uent or in quantity of flow exceeds for any period of duration
n five times the average twenty-four-hour concentration of
ater and Wastewater as published by the American Public Health Association,
24. "Suspended solids" or "SS" means solids that either float on the surface of, or
g and as determined by the appropriate procedure in standard methods.
25. "Toxic substances" means any substance whether gaseous, liquid or solid,
which when discharged to the sewer system in sufficient quantities may tend to interfere with any
sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit
Page 3 of Ordinance No. NS-696
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aquatic life or create a hazard to recreation in the receiving waters of the effluent
treatment plant.
26. "Wastewater" means any liquid waste of any kind er treated or not, and
which are discharged into or permitted to enter a public se
SECTION 2: That section 13.04.030 o d Municipal Code is amended to read
as follows:
A. Every lot that has sa quiring sewage disposal which is accessible to
ected to the public sewer within ninety days after
notified to do so by the Public Works Director."
a public sewer and is not con
the owner or person leg
mains dedicated to the City shall be the responsibility of the
City.
tenance of all privately-owned sewer mains, and all lateral lines, equipment and
connected to the City's sewer mains shall be the responsibility of the property
el occupanffuser. The property owner or occupanffuser is responsible for the
emoval of blockages in the sewer lateral from the property being served to the
he property owner or occupanffuser is responsible for the maintenance, repair, and
the sewer lateral from the sewer main to and including the building.
C. The city hereby grants a revocable license to any property owner who has obtained a
sewer connection permit pursuant to Chapter 13.1 0, or who, prior to the effective date of Chapter
13. IO, has legally connected his or her sewer lateral to the sewer main, to retain his or her current
sewer lateral placement within the city's right-of-way.
Page 4 of Ordinance No. NS-696 b
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D. Property owners must comply with Title 11, Chapter 11.16 of this code,
work or encroachments in public places), and any amendments thereto, prior
work in, or encroaching upon, the city’s right-of-way.”
SECTION 4: That Chapter 13.04 of the Carlsbad Muni
the addition of section 13.04.046 to read as follows:
II apply whenever, in the opinion of the
Director of the San Diego County nvironmental Health (DSDCDEH), an
emergency, as defined in this chap property, and the public health, safety, or
welfare shall require that repa easures to a building sewer be made or instituted
immediately.
upon which the emergency condition exists and the
n shall be jointly and severally liable to the city for all person creating SUC
actual costs incurred b abating said emergency condition.
f abating such emergency condition shall constitute a
ECTION 5: That section 13.04.050 of the Carlsbad Municipal Code is amended to read
“1 3.04.050 Restrictions relatinq to use of public sewers.
A. No person shall discharge or cause to be discharged any stormwater, surface water,
groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters
from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any
public sewer or any private sewer which is connected to the public sewer without written
permission in conformance with adopted regulations.
Page 5 of Ordinance No. NS-696 7
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B. No person shall enter, obstruct, uncover or tamper with any portion of the pu
or connect to it, or dispose anything into any sewer and/or sewer manhole w
permission of the Public Works Director.
C. No person or party shall remove or demolish any building uctures with plumbing
Director of such intention. All openings in or leading to the
such work shall be sealed watertight and inspected b
backfilled.
sewer line or lines caused by
cover, or obstruct access to, any
sewer manhole.
E. No person shall erect , structures, or buildings over public sewers
without the written per
scribed substances, waters or wastes into any public
sewers:
having a temperature higher than one hundred forty degrees
ater or waste which may contain more than 200 mg/l concentration of fats,
re than thirteen pounds of such substances per day after pretreatment by a
hichever is less, or containing substances which may solidify or become
s between thirty-two degrees and one hundred fifty degrees Fahrenheit;
3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and
nuisance;
5. Garbage that has not been properly shredded to a size of one-fourth inch or
less so that all particles will be carried freely under normal flow conditions in the public sewers;
6. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of
Page 6 of Ordinance No. NS-696
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causing obstruction to the flow in or damage to sewers or other interference with the pro
operation of the sewerage works;
7. Water or wastes having a pH lower than 5.5 or higher than
personnel of the sewerage works;
8. Water or wastes containing any substance icient quantity to discolor,
ge treatment process, constitute
or significantly lower the quality of the
injure, disrupt or interfere with the normal operation of a
a hazard to human or animal life, create a public nuis
receiving waters;
unusual attention or expense is req materials at a sewage treatment plant;
10. Any unusual v concentration of wastes constituting "slugs" as
defined in subsection (
for the purpose of diluting wastes which would otherwise exceed
a. The resulting effluent cannot meet the waste discharge requirements
b. The resulting sludge cannot meet limits for the chosen disposal method.
G. No person shall discharge or cause to be discharged any fats and greases to the
sewer system if their concentration and physical dispersion results in separation and adherence to
sewer structures and appurtenances. If there is evidence of adherence of such materials to said
structures, or if such materials cause blockage in the sewer system, then the wastewater carrying
Page 7 of Ordinance No. NS-696 4
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such materials must be effectively pretreated by a pro
flow before its discharge to the sewer system. Grease,
when deemed necessary by the Public Works Direct
containing grease in excessive amounts, and flam
ingredients. All interceptors shall be of a type and cap
and shall be located as to be readily accessible for cl
1. Grease and oil interceptors
capable of withstanding abrupt and extreme chang
construction, watertight, and equipped with overs which when bolted in place
shall be gastight and watertight;
2. All grease, oil, ors shall be maintained in continuously
e maintaining of these interceptors,
a1 and disposal by appropriate means of the
rds of the dates, amounts, and means of disposal, which
efficient operation at all times by the
the owner shall be
captured material a
are subject to review b
harges or causes to be discharged into the public sewers any
solids shall be obligated to pay a
aste contains an excess over the
water or wastes ha
Where preliminary treatment facilities are provided for any wastewater as a
usly in satisfactory and effective
When required by the Public Works Director, the owner of any property served by a
ng and recording equipment, and
suitable control manhole in the building sewer to facilitate observation, sampling and
measurement of the wastes. Such manhole shall be readily accessible and safely located, and
shall be constructed in accordance with plans approved by the Public Works Director. The
manhole shall be installed and maintained by the owner at his expense.
Page 8 of Ordinance No. NS-696
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K. All measurements, tests, and analyses of the characteristics of water and w
which reference is made in subsections (9, (g), and (h) of this section sha
accordance wi andard Methods
for Examination of Water, Sewage and Industrial Wastes and e made at the control
manhole provided for in subsection (j) of this section, or up itable samples taken at said
control manhole. If no special manhole is available, the
the Public Works Director.”
ive thirty (30) days after its adoption and
ion of this ordinance and cause it to be
rculation in the City of Carlsbad within fifteen
the City Clerk, City of Carlsbad, shall c
published at least once in a news
(1 5) days after its adoption.
INTRODUCED AND a regular meeting of said City Council held on the
held on the , 2004 by the following vote, to wit:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
Page 9 of Ordinance No. NS-696
(SEAL)
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REDLINE I STRIKEOUT VERSION EXHIBIT 2
ORDINANCE NO. N /A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING TITLE 13, CHAPTER 13.04 OF THE CARLSBAD
MUNICIPAL CODE PERTAINING TO SEWER LATERALS.
The City Council for the City of Carlsbad California does ordain as follows:
13.04.01 0 Definitions.
A. For the purposes of this chapter the following words and phrases shall have the
meanings respectively ascribed to them by this section:
1. ''- w%FgheP I' means the Director of Public Works of the
city or his authorized representatives.
2. "Department" means the Public Works Department of
the city.
3. "District" means the city of Carlsbad unless otherwise identified.
Emergency defined.
4. "Emergency" means a sudden, unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life, health, propertv or essential
public services.
5. "Garbage" means the animal and vegetable waste from the handling,
preparation, cooking, and dispensing of food.
6. "Grease" means any material which is extractable from an acidified sample of a
waste by hexane or other designated solvent and as determined by the appropriate procedure in
standard methods. "Grease" includes fats and oils.
7. "Grease interceptor'' means a pretreatment device designed and installed to
separate fats, oils, and grease from wastewater.
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8. "Industrial waste" means solid, liquid or gaseous substances discharged or
flowing from an industrial, manufacturing or commercial premises resulting from manufacturing,
processing, treating, recovery or development of natural or artificial resources of whatever nature.
9. "Industrial wastewater" means all water-carried wastes and wastewater of the
community excluding domestic wastewater and including all wastewater from any industrial
production, manufacturing, processing, commercial, agricultural or other operation. These may
also include wastes of human origin similar to domestic wastewater.
IO. "Joint sewer system" means the sewer system constructed jointly by the Vista
Sanitation District, the city and the Buena Sanitation District pursuant to that certain contract
entitled "Basic Agreement between Vista Sanitation District and the City of Carlsbad for the
Acquisition and Construction of a Joint Sewer System" (County Contract No. 1858-2129E) and all
amendments and supplements thereto and as such sewer system is specifically delineated on that
certain map entitled "Map of Joint Sewer System--City of Carlsbad, Vista Sanitation District and
Buena Sanitation District'' on file in the office of the clerk of the board of supervisors of the Buena
Sanitation District as Document No. 381247.
1 1 . "Operator" means the Encina Administrative Agency.
12. "Owner" includes a holder in fee, life tenant, executor, administrator, trustee,
guardian or other fiduciary, lessee or licensee holding under any government lease or license of
real property.
13. "Person" means any person, firm, company, association, corporation, political
subdivision, municipal corporation, district, the state, the United States of America or any
department or agency of any thereof.
14. "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. It
indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value of
7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those
below 7.0 indicate acidity.
15. "Premises" means any lot, piece or parcel of land, building or establishment.
16. "Sewage" means the waterborne wastes derived from ordinary human living
processes and of such character as to permit satisfactory disposal, without special treatment, into
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the public sewer, a private sewer, or by means of household septic tank systems and individual
household aerobic units.
17. Sewer, Building or House. "Building or house sewer", also known as the
"lateral", or the "sewer lateral" means th#+&~4 a pipe or conduit carrying sanitary sewage
and/or industrial wastes from a building to the public sewer or a common sewer.
18. Sewer, Main. "Sewer main" means any public sewer used to collect and convey
sewage or industrial wastes to a publicly owned treatment works (POTW).
19. Sewer, Private. "Private sewer" refers to a privately owned sewer, which is not
directly controlled by the city.
20. Sewer, Public. "Public sewer" means a publicly owned treatment works
(POTW), which is owned in this instance by Encina Joint Powers and its member agencies. This
definition includes the sewer main and any sewers that convey wastewater to the POTW plant,
but does not include pipes, sewers or other conveyances not connected to the facility providing
treatment. "Public sewer" also includes any sewers that convey wastewater to the POTW from
persons outside the cities of Carlsbad and Vista, the Vallecitos Water District, the Leucadia Water
District, the Buena Sanitation District and Encinitas Sanitary District, who are, by contract or
agreement with said cities and/or districts, users of the Encina Water Pollution Control Facility.
21. "Sewer system" means all construction and appurtenant equipment utilized in
the collection, transportation, pumping, treatment and final disposal of sewage within the district.
22. "Slug" means any discharge of water, sewage or industrial wastes which in
concentration of any given constituent or in quantity of flow exceeds for any period of duration
longer than fifteen minutes more than five times the average twenty-four-hour concentration of
flows during normal operation.
23. "Standard methods" means the current edition of Standard Methods for the
Examination of Water and Wastewater as published by the American Public Health Association,
and Water Pollution Control Federation.
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24. "Suspended solids" or "SS" means solids that either float on the surface of, or
are in suspension in water, sewage or other liquids; and which are largely removable by laboratory
'iltering and as determined by the appropriate procedure in standard methods.
25. "Toxic substances" means any substance whether gaseous, liquid or solid,
Nhich when discharged to the sewer system in sufficient quantities may tend to interfere with any
sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit
aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage
:reatment plant.
26. "Wastewater" means any liquid waste of any kind, whether treated or not, and
"hether animal, mineral or vegetable including sewage, agricultural, industrial and thermal wastes,
Nhich are discharged into or permitted to enter a public sewer."
13.04.030 Use of public sewers required.
A. Every lot that has sanitary facilities requiring sewage disposal which is accessible to
3 public sewer and is not connected shall be connected to the public sewer within ninety days after
:he owner or person legally responsible has been notified to do so by the Public
Works Director.
13.04.045 Responsibility for Maintenance.
A. Maintenance of all sewer mains dedicated to the City shall be the
responsibility of the City.
B. Maintenance of all privately-owned sewer mains, and all lateral lines,
equipment and appurtenances connected to the City's sewer mains shall be the
responsibility of the property owner or parcel occupanther. The property owner or
occupanther is responsible for the cleaninq and removal of blockages in the sewer
lateral from the property being served to the sewer main. The property owner or
occupanther is responsible for the maintenance, repair, and replacement of the sewer
lateral from the sewer main to and including the buildina.
C. The city hereby grants a revocable license to any property owner who has
obtained a sewer connection permit pursuant to Chapter 13.10, or who, prior to the
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effective date of Chapter 13.10, has legally connected his or her sewer lateral to the sewer
main, to retain his or her current sewer lateral placement within the citv’s right-of-way.
D. Property owners must comply with Title 11, Chapter 11.16 of this code,
[Permits for work or encroachments in public places), and any amendments thereto. prior
to performing any work in. or encroaching upon, the citv’s right-of-way.
13.04.046 Emergency Work by Citv - Liabilitv for cost of work.
A. Division 9 of Title 6 of the San Diego Countv Code of Renulaton, Ordinances,
adopted by reference at section 6.02.010 of this code, shall apply whenever, in the opinion
of the Director of the San Diego Countv Department of Environmental Health (DSDCDEH),
an emergency, as defined in this chapter, exists on private property, and the public health,
safetv, or welfare shall require that repairs or protective measures to a building sewer be
made or instituted immediately.
B. The owner of the property upon which the emergency condition exists and
the person creating such emergency condition shall be iointlv and severally liable to the
citv for all actual costs incurred by the citv in abating said emergency condition.
C. The citv’s actual cost of abating such emergency condition shall constitute a
personal obligation of the person creating. causing, committing or maintaining the
emergency condition, and a personal obligation of the property owner, andlor a lien
against that real property on which said emergency condition was abated.’’
13.04.050 Restrictions relating to use of public sewers.
A. No person shall discharge or cause to be discharged any stormwater, surface
water, groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any
waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into
any public sewer or any private sewer which is connected to the public sewer without written
permission in conformance with adopted regulations.
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B. No person shall enter, obstruct, uncover or tamper with any portion of the public
sewer, or connect to it, or dispose anything into any sewer and/or sewer manhole without the
written permission of the * Public Works Director.
C. No person or party shall remove or demolish any building or structures with
plumbing fixtures connected directly or indirectly to the public sewer without first notifying the 6t.t.y
e Public Works Director of such intention. All openings in or leading to the public sewer
line or lines caused by such work shall be sealed watertight and inspected by the
Public Works Director before being backfilled.
D. No person shall fill or backfill over, or cause to cover, or obstruct access to,
any sewer manhole.
E. No person shall erect any improvements, structures, or buildings over public
sewers without the written permission of the . Public Works Director.
F. Except as hereinafter provided in this section, no person shall discharge or cause
to be discharged any of the following described substances, waters or wastes into any public
sewers:
1. Liquid or vapor having a temperature higher than one hundred forty
degrees Fahrenheit;
2. Water or waste which may contain more than 200 mg/l concentration of
fats, oils, or grease or more than thirteen pounds of such substances per day after pretreatment
by a grease interceptor, whichever is less, or containing substances which may solidify or
become viscous at temperatures between thirty-two degrees and one hundred fifty degrees
Fahrenheit;
3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas;
4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard
and nuisance;
5. Garbage that has not been properly shredded to a size of one-fourth inch
or less so that all particles will be carried freely under normal flow conditions in the public sewers;
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6. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of
causing obstruction to the flow in or damage to sewers or other interference with the proper
operation of the sewerage works;
7. Water or wastes having a pH lower than 5.5 or higher than 9.5 or having
any other corrosive property capable of causing damage or hazard to structures, equipment, and
personnel of the sewerage works;
8. Water or wastes containing any substance in sufficient quantity to discolor,
injure, disrupt or interfere with the normal operation of any sewage treatment process, constitute
a hazard to human or animal life, create a public nuisance, or significantly lower the quality of the
receiving waters;
9. Water or wastes containing suspended solids of such character or quantity
that unusual attention or expense is required to handle such materials at a sewage treatment
plant;
IO. Any unusual volume of flow or concentration of wastes constituting "slugs"
as defined in subsection (22) of Section 13.04.010;
11.
exceed limits established by the
applicable state or federal regulations;
Radioactive wastes or isotopes of such half-life or concentration that may
Public Works Director in compliance with
12. Water added for the purpose of diluting wastes which would otherwise
exceed applicable maximum concentration limitations;
13. Water or wastes containing substances which are not amenable to
treatment or reduction by the treatment processes employed, or are amenable to treatment only
to such degree that:
a. The resulting effluent cannot meet the waste discharge requirements
of the regional water quality control board or other agencies having jurisdiction over the quality and
protection of the receiving waters, or
b. The resulting sludge cannot meet limits for the chosen disposal
method.
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G. No person shall discharge or cause to be discharged any fats and greases to the
sewer system if their concentration and physical dispersion results in separation and adherence to
sewer structures and appurtenances. If there is evidence of adherence of such materials to said
structures, or if such materials cause blockage in the sewer system, then the wastewater carrying
such materials must be effectively pretreated by a process or device to effect removal from the
flow before its discharge to the sewer system. Grease, oil and sand interceptors shall be provided
when deemed necessary by the cdymgwe ' +-Public Works Director for the proper handling of
liquid wastes containing grease in excessive amounts, and flammable materials, sand and other
harmful ingredients. All interceptors shall be of a type and capacity acceptable to the
Public Works Director and shall be located as to be readily accessible for cleaning and
inspection:
1. Grease and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers which when bolted in place
shall be gastight and watertight;
2. All grease, oil, and sand interceptors shall be maintained in continuously
efficient operation at all times by the owner at his expense. In the maintaining of these interceptors,
the owner shall be responsible for the proper removal and disposal by appropriate means of the
captured material and shall maintain records of the dates, amounts, and means of disposal, which
are subject to review by the &ymgwef * Public Works Director.
H. Any person who discharges or causes to be discharged into the public sewers any
water or wastes having more than 300 mg/l of suspended solids shall be obligated to pay a
surcharge, occasioned by the extent to which such water or waste contains an excess over the
Foregoing limitation of concentration.
I. Where preliminary treatment facilities are provided for any wastewater as a
condition of its acceptance, they shall be maintained continuously in satisfactory and effective
operation by the owner at his expense.
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J. When required by the etpqyww ' Public Works Director, the owner of any
property served by a building sewer carrying industrial wastewater shall install monitoring and
recording equipment, and a suitable control manhole in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole shall be readily accessible and safely
located, and shall be constructed in accordance with plans approved by the &ptyfwe~ Public
Works Director. The manhole shall be installed and maintained by the owner at his expense.
K. All measurements, tests, and analyses of the characteristics of water and
wastewater to which reference is made in subsections (9, (g), and (h) of this section shall be
determined in accordance with the latest edition of the American Public Health Association's
Standard Methods for Examination of Water, Sewage and Industrial Wastes and shall be made at
the control manhole provided for in subsection (i) of this section, or upon suitable samples taken at
said control manhole. If no special manhole is available, the sampling location shall be determined
by the a+s@wef Public Works Director.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen (1 5) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the
day of ,2004, and thereafter,
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on
:he day of , 2004 by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
9TTEST
LORRAINE M. WOOD, City Clerk (SEAL)
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
REDLINE I STRIKEOUT VERSION
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 13, CHAPTER 13.04 OF THE CARLSBAD MUNICIPAL CODE PERTAINING TO SEWER
LATERALS.
EXHIBIT 3
December 3 1,2002
TO: PUBLIC WORKS DIRECTOR
ADMINISTRATIVE SERVICES DIRECTOR
DEPUTY CITY ATTORNEY JULIA COLEMAN
DEPUTY PUBLIC WORKS DIRECTOR BOB GREANEY
PUBLIC WORKS MANAGER PAT GUEVARA
PUBLIC WORKS SUPERVISOR DON WASKO
FROM: Risk Manager
RESPONSIBILITIES FOR SEWER LATERALS AND POLICY RECOMMENDATIONS
I. BACKGROUND
Currently, with the exception of laterals on private streets, the City accepts responsibility for
sewer lateral maintenance or repairs if a problem in the line is determined to be between the
property line cleanout and the sewer main. If the problem is determined to be between the
property line clean-out and the structure the lateral serves, the property owner is determined to be
responsible.
This practice of maintaining sewer laterals began years ago when the issue of laterals damaged by
trees in the right-of-way arose. In the interest of being a good neighbor, the City accepted
responsibility for maintenance of the lateral in the right-of way, or the distance between the
resident’s property line clean-out and the sewer main in the street. This practice was also based
on the opinion that it would not be prudent to have a resident dig in the street to locate and repair
a problem.
In recent years we have learned more about the potential liability and costs associated with
responsibility for laterals, and as a result, a goal was set to study the issue and arrive at a policy.
11. COSTS
The costs of our current policy and practices fall into 2 categories: liability and operational.
1. LIABILITY
A. MOLD, CLEAN-UP & RESTORATION: Sewer backups bring concerns about bacterial
contamination and mold. Surfaces that become wet: drywall paper, wood, certain paints, fabrics,
carpet and others, are where mold thrives. Mold can appear in these places within several days
or less of becoming wet.
In the past few years, concerns about the health hazards associated with exposure to mold have
come to light. Health hazards cited by the Environmental Protection Agency include: allergic,
infectious or toxic reactions. However, some people have no reaction to mold at all. In addition,
a home may have many “biological pollutants” that make someone ill and it can be difficult to
pinpoint which one is causing the illness. Also, because the body of knowledge about mold and
its health related impacts is growing and often still in dispute, there is no set standard for
acceptable levels of indoor mold exposure.
Measures to find and eradicate mold have become part of the cleanup and restoration process
following overflows. After the cleanup of a sewer overflow, testing for both bacterial
contamination and mold by an industrial hygienist, with additional work to correct any negative
findings has become an accepted practice. As a result, the cleanup for a sewage overflow that
used to be relatively inexpensive and include a simple carpet cleaning now requires removal and
replacement of carpeting, walls and floors contaminated by the effluent. According to property
claims adjuster Larry Gustafson, of Walsh Adjusting, the claims adjusting company for the
property coverage program of which the City is a member, a sewer overflow into 1/3 to % of a
residence can easily result in costs totaling $50,000 or more. This is for property restoration
alone and assumes no mold or other contaminants, and no claims or litigation for personal injury.
Just as there are no standards for indoor mold exposure, Mr. Gustafson reports that there are no
industry standards for the clean-up costs of a sewer backup. Mr. Gustafson assists the City of
San Diego as well as insurance companies on these claims and he states that this industry has
many businesses that charge extremely high clean-up fees that are very difficult to dispute. The
industry has established extensive “decontamination” steps in their work. The extent of work
and amount of equipment necessary to properly “clean-up” is difficult to dispute after, and even
during, the fact.
The issue of mold specifically has created a market for firms that specialize in mold removal and
in rebuilding houses that are so contaminated that they must be tom apart. According to an
article in the Snn Diego Union Tribune last year, “David Weinberg, chairman of the BioSafety
Institute in Callas, said concern among residents that their homes might need to be ripped apart is
beginning to border on hysteria. That hysteria has created an entire group of businesses that are
trying to make a fast buck. ‘A lot of people are jumping to make money off of it. Some are
responsible, but unfortunately, many are not,’ Weinberg said.”
B. CLAIMS/LITIGATION: In response to a sewer back-up, a citizen has several potential
causes of action available, including inverse condemnation, nuisance, trespass, and emotional
distress. An action for inverse condemnation does not require filing a claim before the lawsuit,
so a demand for attorney fees and expert fees, including others, may be substantial before the
City is even aware there is a demand. Add in medical costs if health impacts are claimed, and
the loss exposure to the City becomes even greater.
Unlike for most areas of loss exposure, the City’s liability exposure is not limited by insurance
when it comes to mold. This year, mold was excluded from the City’s liability insurance, which
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provides converage for liability costs in excess of $500,000, the City’s self-insured retention.
We are not alone; the loss of coverage for mold related claims is pervasive. In response to a
spike in claims, State Farm, the largest home insurer, has eliminated coverage for inold in 33
states. The California Department of Insurance has approved 247 mold-exclusion filings that
will allow insurers to drop or limit mold coverage on new policies. As of August, it had another
1 15 filings pending. Last year, the industry paid $1.3 billion to remove mold and repair damage
that mold had done to homes.
According to an article in the November, 2001 issue of Risk Management, the states with the
most mold litigation are California, Tennessee and Texas. Last year, a Texas jury ordered
Farmers Insurance to pay $32 million to a family in Dripping Springs, Texas, whose house was
infested by mold. Recent decisions in California include: In April, a $1.35 million award to two
Newport Beach women who claimed that their landlord did nothing to fix mold problems in their
apartment, resulting in fungal illnesses in both women. In October, a Ventura County settlement
of $1.3 million in the case of a homeowners group that sued builders and their contractors. Also
in October, a federal court decision awarding a 96-year-old Placerville man $18.5 inillion
(reduced to $2.4 million on appeal) from an insurance company that had declined coverage for
mold damage caused by broken water pipes. As construction-defect lawyer Alex Robertson IV
of Woodland Hills, who represents Erin Brockovich and hundreds of other mold plaintiffs, put it,
in the litigation field “mold is where asbestos was 30 years ago.”
Between July 1,2000 and June 30,2002 we received 6 claims for compensation for a sewer
back-up occurring in the lateral between the property line clean-out and the main. This is an
average of 2 per year. In 3 of these cases a plumber was called by the resident first, and it was
the plumber who determined that the blockage was on “the City’s side”(a plumber may
inadvertently force a blockage to “our side” but there is no way to know if this has occurred).
Since we have historically accepted responsibility for blockages “on our side”, we settled these
claims. The claim amounts range from a low of $72.50 for the plumber’s bill, to $23,000 for
clean-up and restoration of the property. We have been lucky in that none of these cases have
involved litigation mold. Our luck has extended to the number of units impacted as well. One
incident involving a lateral serving more than one unit will increase potential losses by a multiple
of the number of the units impacted.
C. TREEVROOTS: Roots from trees or other plants are one of the most common causes of a
blockage in a sewer lateral. Earlier this year, this was the cause for two back-ups in the lateral
between the main and property line clean-out. For one incident, the total cost of the resulting
claim for property damage exceeded $1 1,000. The other incident is thought to be the 4th back-up
at this residence in 8 years. As a result of these back-ups, the lateral was replaced once and it has
been treated with an herbicide. In each case it is believed that roots from the resident’s yard are
the source of the blockage. While earlier blockages did not result in claims, losses claimed from
the last incident totaled more than $20,000.
2. OPERATIONAL: There are about nine (9) responses per month for calls regarding problems
related to laterals. Two (2) crew members are required to rod and televise and our response time
averages two (2) hours. Operational costs associated with our current practices total
approximately $10,000 annually. This includes staff costs for cleaning and maintenance in
response to problem laterals only, and does not include any cost for materials and equipment,
loss of efficiency (calls on blocltages are responded to immediately and planned work is
interrupted), liability exposure, staff time to document and report on spills, and overhead for
administrative costs. The sheer number of laterals in the City precludes preventative
maintenance at current staffing levels. However, this enhancement to our maintenance program
is what is necessary to continue our current practices.
The aging of existing laterals, the increase in the number of laterals with ongoing development,
the significant liability costs associated with laterals, and the high customer service standards met
by City sewer services will require the establishment of a preventative maintenance program if
the City continues its current service practices.
Assuming a conservative maintenance schedule of cleaning the 12,000 older sewer laterals (there
are about 20,000 sewer laterals in the City) once every 4 years, the start-up cost of such a
program would be approximately $4,000,000. This total is made up of $3.5 million to locate and
raise to grade an estimated 6,000 property line clean-outs for maintenance access, $300,000 for
staff costs, and $90,000 for equipment. Annually, the cost of the program would exceed
$400,000 (staff and equipment costs), since laterals will continue to age and require replacement,
and inore will be added as the City continues to grow.
111. POLICIES IN CARLSBAD AND IN OTHER AGENCIES
The results of a survey of local agencies providing sewer services is summarized below
and shown in detail in the Attachment.
Maintenance Responsibility
The majority, 17 of 20 of the agencies surveyed, assign lateral maintenance responsibility to the
property owner. Included in this majority is the City of Encinitas. In 1994 the Encinitas Sanitary
District adopted this policy and eliminated the practice of providing assistance to property
owners for cleaning and maintaining laterals to reduce the financial impact on the District and in
order to be consistent with Cardiff Sanitation District, Leucadia Wastewater District, and other
sewer districts in the County. Leucadia Wastewater District serves many of the Carlsbad
residents in the southern portion of the City.
Emergency C1eanin.g Services & Repairmeplacement of Lateral
Eight (8), or less than half of the agencies report providing emergency cleaning services, and this
is often under limited circumstances only. About !4 of the agencies will repair or replace a
lateral.
IV. LEGAL BASIS FOR PROPERTY OWNER RESPONSIBILITY FOR LATERALS
Responsibility for lateral sewer lines is borne by the property owner in the majority of sewer
service areas. The legal basis for this assignment of responsibility is that the laterals are not of
general benefit since they serve and can be used legally to serve only a single lot. The fact that
the lateral is in a public street does not mean that it is of public benefit and that the maintenance
and repair should therefore be performed by City forces at the expense of the general public.
Generally, the owner of private property holds the underlying fee to the center of the street. The
public street is actually an easement. The property owner has a legal right to construct and
maintain a house-connecting sewer line between his private property and the public street sewer,
subject to permit provisions of the Carlsbad Municipal Code.
Responsibility and liability for sewer laterals is not be altered by the provision of emergency
services to protect the health and safety of the public. Just as fire protection services are
provided to protect the public without assuming responsibility for the property, so too can
emergency assistance be rendered for sewer laterals.
V. CONCLUSIONS . The existing practice of removing blockages, making repairs and replacing laterals, and
responding to other requests for assistance related to lateral maintenance, has led to
increases in operational costs and liability exposure. . Industry de-contamination practices and costs following a sewer overflow, and significant
growth in litigation associated with water damage have increased the costs associated
with continuing our current practices. . Responsibility for the lateral, combined with (1) our inability to perfoi-ni preventive
maintenance on laterals; (2) determinations of our responsibility by a third party
(plumber); (3) increased liability exposure associated with property damage related to
sewer spills; and (4) a lack of insurance for mold related claims, means the City is
vulnerable to losses over which we have little control. These losses could exceed the
$500,000 self-insured retention we maintain for most other loss exposures.
The combination of aging sewer laterals in the City and new home construction make the
prospect of future operational and liability costs significant under existing sewer lateral
maintenance and repair practices. . It is the norm, rather than the exception among local agencies to assign responsibility for
the maintenance of laterals to the property owner. Elimination of sewer lateral services
would bring the City’s practices in line with the Leucadia Wastewater District, which
serves some of Carlsbad’s residents in the southern area of the City, and result in
consistency in services to all Carlsbad residents.
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. A policy assigning responsibility for the lateral to the property owner allows the City to
provide emergency assistance when necessary to protect the health and safety of citizens,
without also bringing liability to the City. . A comprehensive policy assigning responsibility to the property owner, along with
adequate outreach to educate property owners on their responsibilities and preventive
maintenance measures available, would improve efficiency and minimize loss exposure.
V. RECOMMENDATIONS . Assign responsibility for maintenance, repair and replacement of the sewer lateral to the
property owner and allow for the provision of assistance where necessary to protect the
health and safety of citizens. . Formalize the City’s policy in an ordinance. . Develop a program to educate property owners about their responsibilities, enhance
customer service, and minimize loss exposure to the property owner as well as the City.
This program could include maintenance tips, information about our new policy,
information on measures to prevent blockages and what to do when there is one.
Distribution could be on the Internet, in a newsletter in the water bill, and in a letter to
residents we have assisted in the past, including those we know produce a significant
amount of grease. In addition, when roots in a lateral are seen during the televising of a
main, notice could be sent to the property owner, along with the information described
above.
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SEWER LATERAL MAINTENANCE COSTS
Annual Program To Maintain “only” 12,000 VCP laterals out of total 20,000 sewer
laterals. This would be a 4 - year program @ 3,000 per year. Maintenance on remaining
ABS and PVC laterals minimal and can be accomplished on 4-year schedule.
Equipment Needed for Lateral Maintenance ---
1. 3 - Lateral Cameras - $10,000 each
2. 3 - Trucks - $20,000 each
3. 3 - Sewer Rod Machines -$20,000 each
Work Activities for Maintenance Program
For Each Lateral:
2 - Hours Rodding
2 - Hours Televise
Staffing for the 4 year program:
6 Staff (3 two person crews)
The above maintenance activities would result in average costs of $135 each sewer
lateral.
1A PROPOSED ORDINANCE AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING RESPONSIBILITY FOR MAINTENANCE AND REPAIR OF SEWER LATERALS
2SEWER LATERAL ORDINANCE AMENDMENT!!CityCity’’s practice s practice --Assist private property owners with Assist private property owners with cleaning and maintaining their private sewer laterals cleaning and maintaining their private sewer laterals from the property line to the center of the City's sewer from the property line to the center of the City's sewer main, located in the City's rightmain, located in the City's right--ofof--way.way.!!Not a standard practice Not a standard practice !!Cost and benefits apply to few ratepayers. Cost and benefits apply to few ratepayers. !!Potential liability and costs associated with assuming Potential liability and costs associated with assuming responsibility for sewer laterals.responsibility for sewer laterals.
3SEWER LATERAL ORDINANCE AMENDMENT!!CityCity--staffed goal team staffed goal team --Created to study the issue Created to study the issue and formulate a policy regarding sewer lateral and formulate a policy regarding sewer lateral maintenance.maintenance.!!Conclusions from the sewer lateral staff report Conclusions from the sewer lateral staff report include:include:""The CityThe City’’s existing practice of responding to requests s existing practice of responding to requests for assistance related to sewer lateral maintenance, for assistance related to sewer lateral maintenance, has led to increases in the Cityhas led to increases in the City’’s operational costs and s operational costs and liability exposure.liability exposure.
4SEWER LATERAL ORDINANCE AMENDMENT""Industry deIndustry de--contamination practices and costs contamination practices and costs following a sewer overflow has increased the costs following a sewer overflow has increased the costs associated with continuing our current practices.associated with continuing our current practices.""Responsibility for the lateral, combined with Responsibility for the lateral, combined with ##Inability to perform preventive maintenance on private Inability to perform preventive maintenance on private sewer laterals sewer laterals ##Questionable determinations regarding City responsibility Questionable determinations regarding City responsibility from a third party (plumber), andfrom a third party (plumber), and##Increased liability exposure associated with private Increased liability exposure associated with private property damage related to sewer spills,property damage related to sewer spills,""The City is vulnerable to losses over which it has little The City is vulnerable to losses over which it has little control.control.
5SEWER LATERAL ORDINANCE AMENDMENT""With aging sewer laterals and new home construction, With aging sewer laterals and new home construction, operational and liability costs become significant under operational and liability costs become significant under the Citythe City’’s existing sewer lateral repair practices. s existing sewer lateral repair practices. ""Elimination of sewer lateral services would bring the Elimination of sewer lateral services would bring the CityCity’’s practices in line with the Leucadia Wastewater s practices in line with the Leucadia Wastewater District, which serves some of CarlsbadDistrict, which serves some of Carlsbad’’s residents in s residents in the southern area of the City, and result in consistency the southern area of the City, and result in consistency in services provided to all Carlsbad residents.in services provided to all Carlsbad residents.
6SEWER LATERAL ORDINANCE AMENDMENT""This ordinance allows the City to provide emergency This ordinance allows the City to provide emergency assistance when necessary to protect the health and assistance when necessary to protect the health and safety of citizens, without also bringing liability to the safety of citizens, without also bringing liability to the City.City.""Provides a comprehensive policy Provides a comprehensive policy ##assigning responsibility to the property owner and, assigning responsibility to the property owner and, ##adequate outreach to educate property owners on their adequate outreach to educate property owners on their responsibilities and preventive maintenance measures responsibilities and preventive maintenance measures available, available, ""Will improve efficiency and minimize loss exposure.Will improve efficiency and minimize loss exposure.
7SEWER LATERAL ORDINANCE AMENDMENT!!Staff recommends that the City Council take the Staff recommends that the City Council take the following actions: following actions: ""Approve and adopt Ordinance identifying the property Approve and adopt Ordinance identifying the property owner as the party responsible for maintenance and owner as the party responsible for maintenance and repair of the sewer lateral and allowing for the repair of the sewer lateral and allowing for the provision of emergency assistance, if necessary, to provision of emergency assistance, if necessary, to protect the health and safety of the public; and protect the health and safety of the public; and ""Direct staff to establish an outreach program to provide Direct staff to establish an outreach program to provide information to the public including suggested information to the public including suggested preventative sewer lateral maintenance practices.preventative sewer lateral maintenance practices.
8CONCLUDES PRESENTATIONCONCLUDES PRESENTATION