Chapter 13.12 SEWER SYSTEM

The purpose of this general regulation and chapter is to safeguard the health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy of buildings and structures within the city. Except as otherwise stated in this chapter, all of the provisions of this chapter shall apply to all buildings and structures erected before the adoption of the ordinance codified in this chapter or erected thereafter, and all connections made before the adoption of the ordinance codified in this chapter or made thereafter to the public sanitary sewers in the city. (Ord. 289 (part), 1987)

13.12.010 Unlawful deposit of objectionable waste.

It is unlawful for any person to place, deposit or permit to be deposited in any manner, except as authorized by the city or the agent, upon public or private property within the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 289 (part), 1987)

13.12.015 Pollution of natural outlets.

It is unlawful to discharge to any natural outlet within the city any sewage, industrial wastes or other polluted waters or materials. (Ord. 289 (part), 1987)

13.12.020 Noncomplying sewage disposal facilities.

From and after the effective date of the ordinance codified in this chapter, except as provided in this chapter, it is unlawful to construct or maintain any privy, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Ord. 289 (part), 1987)

13.12.025 Toilet facilities and connection to proximate sewer required.

Subject to the provisions of Section 13.12.020, the owner of all houses, buildings or properties used for human occupancy, employment, recreation, schooling or other purposes situated within the city, where there is now available, or when in the future there is available within reasonable distance, a public sewer, is required at his expense to install suitable toilet facilities and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter. Every person owning any premises so located and upon or in which any sewage is produced is required to connect the premises to the city sewer system within sixty days from the date when a main sewer or lateral sewer is completed and/or available for connection to the premises. (Ord. 289 (part), 1987)

13.12.030 Damage to sewage works.

No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public sewage works. (Ord. 289 (part), 1987)

ARTICLE II. DEFINITIONS

13.12.035 Applicability.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as set out in this article. (Ord. 289 (part), 1987)

13.12.040 Administrator.

"Administrator" means the person designated by the city council to manage the city sewer system, and to perform the services or make the determinations permitted or required under this chapter to be made by the administrator. (Ord. 289 (part), 1987)

13.12.045 Agent.

"Agent" means the city council of the city of Angels, or its authorized representative. (Ord. 289 (part), 1987)

13.12.050 As-built map.

"As-built map" means a document that illustrates precisely what changes were made in the field, different from the city engineer’s drawing. Before making any changes the contractor must have the approval of the city engineer. All measurements must be taken accurately from a known point and dimensioned on a reproducible paper, and be neat and legible. The city engineer must approve the "as-built map" before acceptance by the city council. (Ord. 289 (part), 1987)

13.12.055 B.O.D and pH.

A. "B.O.D." (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in parts per million by weight.

B. "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Ord. 289 (part), 1987)

13.12.060 City.

"City" means the city of Angels, Calaveras County, California, its council or its authorized representative. (Ord. 289 (part), 1987)

13.12.065 City council.

"City council" means the city council of the city. (Ord. 289 (part), 1987)

13.12.070 City engineer.

"City engineer" means the person designated by the city council to consult with and supply to the city council, such engineering data and services as it may require. (Ord. 289 (part), 1987)

13.12.075 Garbage.

"Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. (Ord. 289 (part), 1987)

13.12.080 Industrial wastes.

"Industrial wastes" means any and all solid or liquid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature. (Ord. 289 (part), 1987)

13.12.085 Multiple dwelling structure.

"Multiple dwelling structure" means any two or more dwelling units in any single building or structure, or group of buildings or structures, including any apartment house, apartment court or roominghouse. (Ord. 289 (part), 1987)

13.12.090 Natural outlet.

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. (Ord. 289 (part), 1987)

13.12.095 Person.

"Person" means any individual, firm, company, association, society or corporation, and any political subdivision of the state of California. (Ord. 289 (part), 1987)

13.12.100 Private sewer.

"Private sewer" means that portion of the sewer line on the property or premises of the users. (Ord. 289 (part), 1987)

13.12.105 Properly shredded garbage.

"Properly shredded garbage" means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any one dimension. (Ord. 289 (part), 1987)

13.12.110 Public sanitary sewer.

"Public sanitary sewer" means a sewer in which all owners of abutting properties have equal rights, and which is controlled by the city. (Ord. 289 (part), 1987)

13.12.115 Sanitary sewer.

"Sanitary sewer" means a sewer which carries domestic sewage and industrial wastes. (Ord. 289 (part), 1987)

13.12.120 Septic tank.

"Septic tank" means a tank in which the settled sewage sludge is in immediate contact with the sewage flowing through the tank, while the organic solids are decomposed by bacterial action. (Ord. 289 (part), 1987)

13.12.125 Sewage.

"Sewage" means any and all waste substance, liquid or solid, associated with human habitation or which contains or may be contaminated with human or animal excreta or excrement, offal or feculent matter. (Ord. 289 (part), 1987)

13.12.130 Sewage treatment plant or disposal plant.

"Sewage treatment plant" or "disposal plant" means any arrangement of devices and structures used for treating sewage. (Ord. 289 (part), 1987)

13.12.135 Sewage works.

"Sewage works" means all facilities for collecting, pumping, treating and disposing of sewage. (Ord. 289 (part), 1987)

13.12.140 Sewer.

"Sewer" means a pipe or conduit for carrying sewage. (Ord. 289 (part), 1987)

13.12.145 Shall and may.

"Shall" is mandatory; "may" is permissive. (Ord. 289 (part), 1987)

13.12.150 Single-family dwelling.

"Single-family dwelling" means any unit designed to house human beings which consists of one or more rooms and having one or more plumbing fixtures and used or capable of occupancy by a single person or any number of persons living together as a single family. (Ord. 289 (part), 1987)

13.12.155 Standards or improvement standards.

"Standards" or "improvement standards" means those standards for construction of all improvements within the city and which include standards for the construction of sewer improvements and which are set forth in resolution of the city on file with the city clerk. (Ord. 289 (part), 1987)

13.12.160 Storm sewer or storm drain.

"Storm sewer" or "storm drain" means a sewer which carries stormwaters and surface waters and drainage, but which excludes sewage and industrial wastes. (Ord. 289 (part), 1987)

13.12.165 Suspended solids.

"Suspended solids" means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering. (Ord. 289 (part), 1987)

13.12.170 Watercourse.

"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 289 (part), 1987)

ARTICLE III. PRIVATE SEWERS AND CONNECTIONS

13.12.175 Unauthorized uncovering or connection.

No person, without previous written authorization from the city, shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof. (Ord. 289 (part), 1987)

13.12.180 Connection permit and fee payment required.

A. No connection shall be made of any kind to the public sewer without first having obtained a connection permit from the city and having paid the inspection and/or connection fee established by the city council. Proof of easements across private property may be required.

B. All applications for a connection permit shall be accompanied by a connection fee and an inspection fee. The amount of the connection fee and the inspection fee shall be set by resolution of the city council. No connection permit shall be granted without prior payment of the fees. (See Chapter 13.20.)

C. Any later increase or addition in the use for which the original connection permit has been issued shall require the payment of additional connection fees and inspection fees.

D. All connection and inspection fees shall be paid in advance. Any fee not paid shall be a lien upon the property to which a connection is made. The owner of the connected property shall be personally liable for payment of the fees. Sewer service may be refused to any property which is delinquent in the payment of any fees.

E. The city may require of any person who applies for any connection permit to file a statement for the guidance of the city council in ascertaining the monthly sewer service charge payable by such person under this chapter. Each statement shall contain such information as may be required by the city. If no statement is filed, the city will determine the classification of the application and set the fee accordingly. All connection permits must be obtained at least five days prior to connection to the city’s sewer system, but not more than one hundred twenty days. In the event the connection is not made, the permit shall become void and the fees refunded, less one hundred dollars as a processing fee by the city.

F. The applicant for the connection permit shall notify the city when the private sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the agent.

G. All inspection and connection fees collected by the city shall be deposited into the appropriate sewer funds. (Ord. 360, 1998; Ord. 289 (part), 1987)

13.12.185 Connection fee.

A. All costs and expense incidental to the installation and connection of any private sewer shall be borne by the owner. The owner shall indemnify the city for any loss or damage that may directly or indirectly be occasioned by the installation of a private sewer.

B. In the case of sewer service for subdivisions, the following shall apply:

1. When a sewer main is available, the developer will extend the sewer service line to the nearest edge of the property at the expense of the developer.

2. The city may undertake main line extensions of the sewer at the developer’s expense.

3. The cost of the main line extension will be reimbursed to the developer on a pro rata basis as other services connect to the main line within a period not to exceed ten years. However, it is understood that the city will in no event pay to any developer or other person a greater amount than the actual cost of the original installation. By the end of the ten-year period from the date of installation, if the developer has not been repaid in full, the obligation of the city to reimburse the developer shall terminate.

4. The sewer main line shall be installed to the city’s specifications and shall become the property of the city.

C. In the case of sewer service for an individual builder, the following shall apply:

1. The individual builder shall connect to the sewer system at his sole cost and expense.

2. The sewer facilities shall be installed to the city’s specifications and may become the property of the city upon petition by the individual builder or property owner if accepted by the city. (Ord. 289 (part), 1987)

13.12.190 Separate sewers for each building.

A separate and independent private sewer shall be provided for every building. All connections to public sewers shall include a cleanout place at the property line or other appropriate location approved by the city. (Ord. 289 (part), 1987)

13.12.195 Use of existing private sewers.

Existing private sewers may be used in connection with new buildings only when they are found, on examination and test by the city, to meet all requirements of this chapter. (Ord. 289 (part), 1987)

13.12.200 Private sewer materials.

A. For every private sewer there shall be a wye branch or a connection to the public sanitary sewer approved by the city and a city-approved cleanout installed at or near the property line, between the public right-of-way or easement and the individual premises.

B. The conduit for private sewers in the public right-of-way or easement shall be in accordance with the improvement standards. (Ord. 289 (part), 1987)

13.12.205 Lift means.

In all buildings in which any plumbing fixture is too low to permit gravity flow to the public sewer, sewage carried by such drain shall be lifted by artificial means approved by the agent and discharged to the private sewer at the sole cost of the user. (Ord. 289 (part), 1987)

13.12.210 Inspection--Connection under supervision.

The applicant for the connection permit shall notify the city when the private sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the agent. (Ord. 289 (part), 1987)

13.12.215 Excavation safety measures.

All excavations for private sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the city. Where sewers are placed in state highways, a letter from the state shall be filed in the city clerk’s office by the applicant stating that all conditions set by the state have been met and that all roadways, pavement, sidewalks, etc., have been restored satisfactorily. (Ord. 289 (part), 1987)

13.12.220 Unspecified materials and methods.

All materials or construction methods not otherwise specifically stated in this chapter shall conform to good construction practice and be approved by the city prior to installation. (Ord. 289 (part), 1987)

ARTICLE IV. USE OF PUBLIC SEWERS

13.12.225 Discharge of drainage, garbage and industrial wastes.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, garbage or polluted industrial wastes to any sanitary sewer. (Ord. 289 (part), 1987)

13.12.230 Prohibited discharges.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

A. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;

B. Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil or grease;

C. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

D. Any garbage that has not been properly shredded and/or run through a domestic-type garbage disposal of not more than one and one-half horsepower;

E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure or other solid or viscous substance capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works;

F. Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

G. Any waters or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, or constitute a hazard in the receiving waters of the sewage treatment plant;

H. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

I. Any noxious or malodorous gas or substance capable of creating a public nuisance. (Ord. 289 (part), 1987)

13.12.235 Grease, oil and sand interceptors.

When, in the opinion of the city, grease, oil and sand interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients, interceptors shall be installed. Grease, oil and sand interceptors are required for garages and service stations. These interceptors shall not be required for family dwelling units or structures. All interceptors shall be of a type and capacity approved by the city and shall be constructed as follows:

A. They shall be of impervious materials capable of withstanding abrupt and extreme changes in temperature.

B. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

C. They shall be located where readily accessible for cleaning and inspection.

D. They shall be maintained by the owner or occupant of the premises, at his expense, in continuously efficient operation at all times.

E. Interceptors are to be so located and constructed so as to permit intervening inspection by the city.

F. Interceptors/grease traps will be inspected quarterly. Fees will be collected for this service per city council resolution. (Ord. 369, 1999; Ord. 289 (part), 1987)

ARTICLE V. MONTHLY CHARGES OR RENTALS

13.12.240 Levied.

For the purpose of providing funds for payment at or before maturity of the principal of and interest on all sewer bonds issued by the city before or after the adoption of the ordinance codified in this chapter for the acquisition, construction and completion of the city sewage disposal works, and for the purpose of defraying the cost of maintenance and operation of the city sewage disposal system, there are levied and assessed upon all premises having or required by this chapter to have any sewer connections with, or discharging or requiring by this chapter to discharge sewage into or through, the city’s sewer system, monthly sewer service charges for the services and facilities for the treatment and disposal of sewage furnished or available to such premises by the city sewage disposal system, such charges to be payable in respective amounts as are set forth from time to time by resolution or ordinance of the city council. (Ord. 289 (part), 1987)

13.12.245 Payment--Bills.

Sewer service fees shall be deemed to be rental fees and all sewer service charges shall be billed on a monthly basis. All bills for such charges shall be issued by the city. The bills shall state their purpose "UTILITY BILL" and shall give the name and last known address of the person responsible for payment, as provided in this chapter. Sewer bills may be combined with water service bills for the same premises over the same billing period. Bills are due and payable on presentation. Payment shall be made in the commercial office or other place or places designated by the city council. Partial utility payments shall be credited to the sewer service account first and the balance credited to the water service account. (Ord. 289 (part), 1987)

13.12.250 Person billed.

All sewer service charges shall be billed to the person who requested the connection to the city sewer system or his successor in interest, or, if no such request was made, then to the owner of such premises on the date on which such premises are required this chapter to connect to the city sewer system, or to the successor in interest to such person. The property owner is responsible for the payment of all charges. (Ord. 289 (part), 1987)

13.12.255 Basis for reduction.

Upon petition by the property owner, the city may reduce the monthly service fee where it is determined that the sewer flows have been reduced by the installation of water conservation fixtures. The city council is the sole judge of the flow reduction achieved and may reduce the sewer fee in a corresponding amount. Sewer fees shall be reduced to not less than the base residential rate for any residential or commercial property. (Ord. 289 (part), 1987)

13.12.260 Standby charge.

A standby charge in lieu of a monthly service fee may be applied to any commercial facility that remains or is projected to remain closed for a minimum of three months. Such a standby charge will become effective at the beginning of the first month that follows notification of the vacancy to the city by the owner or owner’s representative. The appropriate commercial rate will be re-effective on the first day of reuse of the facility for commercial purposes or upon issue of a business license, whichever occurs first. The sewer standby fee shall be not less than the residential fee but may be modified by the city council upon just cause. (Ord. 289 (part), 1987)

13.12.270 Connection.

Monthly sewer service billing shall commence ninety days from the date the sewer connection is approved. (Ord. 329 §1, 1993: Ord. 289 (part), 1987)

ARTICLE VI. EXTENSIONS

13.12.275 Compliance with improvement standards required.

All sewer extensions shall be installed and all sewers connected to the city system in compliance with city improvement standards. (Ord. 289 (part), 1987)

13.12.280 Outside city.

No extensions shall be made outside the city, unless the area to be served by the extension is offered perpetually for annexation into the city. The city council may make exception to this section. (Ord. 289 (part), 1987)

ARTICLE VII. IN-LIEU TAXES

13.12.285 Required of premises outside city.

All premises outside of the city, receiving sewer service from the city, shall pay the city in-lieu taxes in the same amount that would be paid if the premises were in the city limits. (Ord. 289 (part), 1987)

13.12.290 Separate billing.

A separate billing will be rendered to each property owner for the in-lieu taxes which are due annually to the city on the property and shall be paid within thirty days of the date of the statement at the office of the city clerk. (Ord. 289 (part), 1987)

13.12.295 Assessment basis.

Assessments of real property for all premises served by the city will be taken from the official assessment records in the Calaveras County assessor’s office, and shall be concurrent with the valuation placed thereon by the county assessor in determining county property taxes. (Ord. 289 (part), 1987)

ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT

13.12.300 Administrator--Enforcement responsibility.

The administrator is charged with the enforcement of all the provisions of this chapter. (Ord. 289 (part), 1987)

13.12.305 Delinquency--Collection actions.

Upon failure of any person billed or the owner of any premises to pay any sewer service charge prior to delinquency, or if the owner or occupant of any premises violates any other provision of this chapter, any one or more of the following actions authorized by this section may, or where required by this chapter must, be taken by the city or city officials to enforce such payment.

A. In each case where any bill for sewer service remains unpaid after such bill becomes delinquent, and in each case where a violation of any other provision of this chapter continues for a period of sixty days, the city may disconnect the premises from the city sewer system, all subject to the provisions of Section 13.12.310. Whenever premises have been disconnected from the city sewer system for nonpayment of sewer service charges, such premises shall not be reconnected to the city sewer system until all delinquent charges and penalties and all the city’s costs of disconnecting have been paid and until a connection permit has been obtained and until a connection fee is paid, and until the owner of such premises has otherwise complied with this chapter.

B. In each case where premises are disconnected from the city sewer system, the city council shall cause the city to take or to request any authorized public officer to take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until they are reconnected to the city sewer system.

C. In each case where all or any part of any bill for sewer service only remains unpaid for thirty days following the delinquent date thereof, the city council may cause the city to initiate an action at law against the person billed for the amount of the delinquent bill, including all basic and monthly penalties, plus court costs, and shall cause the city to prosecute such action to final judgment against the defendant in such action.

D. In each case where any bill for sewer service remains unpaid until after such bill becomes delinquent, and in each case where a violation of any provision of this chapter continues for a period of thirty days, the city may disconnect the premises from the city water system, all subject to the provisions of Section 13.12.310. Whenever premises have been disconnected from the city water system for nonpayment of city sewer fees, the premises shall not be reconnected until all delinquent charges and penalties and all the city’s cost of disconnection have been paid and until a connection permit is obtained and until a connection fee is paid and until the owner of the premises has otherwise complied with this chapter. (Ord. 289 (part), 1987)

13.12.310 Violation--Notice to correct--City action.

In the event of a violation of any terms of this chapter or any rule or regulation established pursuant to this chapter, the administrator, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which, upon failure of such person to prevent or rectify the violation, the administrator will exercise his authority to disconnect the premises from the city water system and the city sewer system; provided, that such time shall be not less than five days after the deposit of such notice in the United States Post Office at Angels Camp, California, addressed to the person to whom notice is given, with a copy to the county health department; provided, however, that in the event such violation results in public hazard or menace, then the administrator or agent may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation. (Ord. 289 (part), 1987)

13.12.315 Violation--Penalty.

Violation of this chapter is a misdemeanor. (Ord. 514 §3 (Att. G), 2021; Ord. 289 (part), 1987)