24.17.185 Notice to title—When required.

(1)    When CCPH or the owner or industry becomes aware of any of the following conditions, the owner will be required to have a notice to title recorded by CCPH prior to issuance of a release letter to community development, approval of a site or OSS design, or issuance of a permit:

(a)    Property containing:

(i)    An OSS without a reserve area;

(ii)    An OSS that is nonconforming due to being a Table IX repair, seepage pit or drywell; or

(iii)    An OSS installed by a resident homeowner;

(iv)    Conditions associated with the OSS that CCPH has determined would be important for future property owners to know.

(b)    This notice to title will be effectuated by paying a processing fee to CCPH to record the required notice to title and will include the cost of recording notice to title (per Clark County fee schedule) to the county auditor. The county auditor will add applicable language, indicating the following, onto the title:

(i)    For OSSs without reserve areas:

The facility on this property is served by an on-site septic system that lacks an approved physical reserve area, so the current OSS cannot be expanded or relocated in the event of failure. A Table IX repair may be performed, if approved by the health officer.

(ii)    For OSSs that are nonconforming due to Table IX repairs, seepage pits, or drywells:

The facility on this property is served by an on-site septic system, that is (a) a seepage pit/drywell, or (b) a Table IX repair, and is therefore a nonconforming system that may require connection to public sewer when sewer is made available within 300 feet of the property line. A maintenance contract for Table IX repaired OSS is required per Chapter 24.17 CCC.

(iii)    For owner installed OSSs:

This property is served by an OSS that has been installed by a resident homeowner.

(Sec. 15 of Ord. 2021-11-05; amended by Sec. 1 of Ord. 2024-02-05)