Chapter 3.10
CONSTRUCTION ADMINISTRATION
Sections:
3.10.010 Application and scope.
3.10.040 Duties of the general manager.
3.10.070 Sewer main extensions.
3.10.090 Dangerous and unsanitary conditions.
3.10.100 Permits and approvals – Authority.
3.10.110 Work requiring permit.
3.10.120 Work not requiring permit.
3.10.130 To whom permits may be issued.
3.10.140 Application for permit.
3.10.160 Notice for inspection.
3.10.010 Application and scope.
The provisions of this chapter shall apply to all new construction, relocated buildings, and to any alterations, repair, or reconstruction affecting existing sanitary sewer services. [Ord. 2023-003 § 2.010]
3.10.020 Service and notices.
Proper service of notices under this title shall be upon the owner or person in possession by personal service or certified mail, return receipt requested. If they cannot be so served, such service may be made upon such person by posting conspicuously one copy of the notice on the building or improvement alleged to be unfit or in violation of this title or other applicable law or regulation and sending another to the owner of record or person in possession by certified mail, return receipt requested. The designated period within which said owner or person in possession is required to comply with the order of the general manager shall not be less than 10 days and shall begin as of the date of service of such notice. The general manager may also file with the applicable building regulations authority a certificate that the building or improvement is substandard or is not fit for use of occupancy or is not in compliance with the provisions of this title or other applicable law or regulation. [Ord. 2023-003 § 2.020]
3.10.030 Appeals procedures.
Any person or persons aggrieved by any action of the general manager may appeal the action of the general manager to WCW’s board of directors at any time by requesting an administrative appeal pursuant to Chapter 3.50 WCWDC. [Ord. 2023-003 § 2.030]
3.10.040 Duties of the general manager.
The general manager shall administer the provisions of this title and shall perform or delegate the performance of the following duties:
A. Require submission of, examine and check plans and specifications, drawings, descriptions and diagrams necessary to show clearly the character, kind and extent of sewer work covered by applications for a permit, and upon approval thereof issue the permit applied for.
B. Collect all fees for permits issued and issue receipts therefor.
C. Administer and enforce the applicable provisions of the Uniform Plumbing Code in a manner consistent with the intent thereof and inspect all sewer work authorized by permit to assure compliance with this title and said code.
D. Issue upon request a certificate of compliance for any work approved.
E. Condemn and reject all work done or being done or materials used or being used which do not comply with the provisions of this title.
F. Order changes in workmanship or materials essential to obtain compliance with this title.
G. Investigate any construction or work regulated by this title and issue such notices and orders as may be required or proper to enforce the provisions hereof.
H. Keep a record of the essential acts and communications affecting said work or compliance investigation. [Ord. 2023-003 § 2.040]
3.10.050 Plan approvals.
Each person proposing the construction of any building, structure, or other facility proposed to be connected to the public sewer shall submit building plans to the general manager for sewer design, location and grade approval, prior to applying for a building permit with the applicable governmental jurisdiction. WCW shall collect fees for such plan approvals in accordance with the provisions of this title. [Ord. 2023-003 § 2.050]
3.10.060 Service areas.
No property, parcel, building, structure, or other facility may be served by public sewers unless said property to be served is within the boundary of WCW, or is subject to a written contract with the district providing for such service. However, applicants who have filed such documents as may be required under state law and who have paid annexation costs and fees set forth in WCWDC 3.25.010 may, with the approval of the general manager, be considered as having complied with requirements for annexation and may be issued a conditional permit to connect to the public sewer pending final actions of the county local agency formation commission, the board, or any other public authority having legal jurisdiction over annexations or connections to sanitary sewer systems. [Ord. 2023-003 § 2.060]
3.10.070 Sewer main extensions.
Persons requiring extensions of the public sewer to serve proposed buildings, structures, or other facilities to be connected to the sewer system must comply with the provisions of Chapter 3.30 WCWDC and the following:
A. All sewers, manholes, lampholes, rodding inlets, lift stations and other appurtenant structures or facilities which are to (or could potentially) become the responsibility of WCW for operation and maintenance, shall be constructed to plans and specifications approved by the general manager.
B. All sewer main extensions shall be designed by a civil engineer licensed in the state of California.
C. All sewer main extensions shall be located within a public street, sewer easement, or other right-of-way, and necessary deeds or other documents granting access for maintenance of the sewer system must be filed with WCW or be on public record before issuance of a permit to construct.
D. Permittees constructing public sewers under sewer main extension permits waive any and all rights, interest, and title in said sewers which shall become the property of WCW upon completion and acceptance of work, unless specific provision has been made for collection and reimbursement from sewer tolls.
E. Persons proposing to construct sewer main extensions shall file site improvement security in an amount not less than 100 percent of the total estimated cost of the sewer main extension securing payment to any contractors or other parties involved in construction of the improvements. Said improvement security may be either cash, bond, or bonds by one or more duly authorized corporate securities, or an instrument of credit from a duly recognized financial institution pledging that funds necessary to meet performance are on deposit and guaranteed for payment and agreeing that funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. [Ord. 2023-003 § 2.070]
3.10.080 Right of entry.
The general manager and their designated assistants, upon exhibition of proper credentials, shall have the right of entry upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities. [Ord. 2023-003 § 2.080]
3.10.090 Dangerous and unsanitary conditions.
A. Any sewer or waste disposal facility tributary to the POTW (including private sewer laterals) found by the general manager to be unsanitary is hereby declared to be a public nuisance and subject to abatement.
B. Whenever brought to the attention of the general manager that any unsanitary condition exists within the jurisdiction of WCW or that any facility, private sewer lateral, construction, or work regulated by this title is dangerous, unsafe, unsanitary, a nuisance or a menace to life, health or property, or is otherwise in violation of this code, the general manager, after due investigation, may order termination of service to said premises, or in the alternative, order any person, firm or corporation using such facility or maintaining any such condition, or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof, or to repair, alter, change, remove or demolish same as the general manager may consider necessary for the protection of life, health or property.
C. Every such order shall be in writing and be given as provided in WCWDC 3.10.020 for services of notices. Prior to termination of service, however, WCW’s board shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing thereon as herein provided. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county or as generally known to the board, and a copy shall be delivered to the tenant or posted conspicuously on the property. The notice shall state the date of proposed termination of service and the reasons therefor and the date WCW’s board shall hold a hearing upon such intended termination. Such hearing shall not be held less than 10 days subsequent to the giving of notice as herein required.
D. When any sewer or waste disposal system or facility is maintained or is being constructed in violation of this chapter or in violation of any notice or order issued pursuant to the provisions hereof, or where a public nuisance is found to exist in or around any premises, the general manager may, in addition to invoking the misdemeanor penalties provided by law and this chapter, institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance. [Ord. 2023-003 § 2.090]
3.10.100 Permits and approvals – Authority.
A. Issuance or granting of permits or approvals of plans and specifications or for other sewer work shall not be deemed or construed to be approval to do or continue any act or conduct in violation of this title or any law and shall be valid and authorize only such work and activity as is lawful under all applicable laws and regulations of affected public jurisdictions.
B. The issuance or granting of a permit or approval of plans or for other sewer work shall not prevent the general manager from thereafter requiring the correction of errors in said plans and specifications or other sewer work or from stopping construction operations being carried on thereunder when in violation of this or of any other title or regulation of an affected public body exercising jurisdiction or from revoking any certificate of compliance when issued in error or where there was noncompliance with this title.
C. Every permit issued by the general manager under the provisions of this title shall expire and become null and void, if the work authorized by such permit is not commenced and completed within one year from the date of issuance of such permit. [Ord. 2023-003 § 2.100]
3.10.110 Work requiring permit.
A. No sewer work or waste disposal system shall be commenced in any premises until a permit to do such work shall have been first obtained from the general manager.
B. A separate permit shall be obtained for each building or structure requiring sewer or waste disposal service.
C. No person shall allow any other person to do or cause to be done any work under any permit secured by such person except persons in his employ. [Ord. 2023-003 § 2.110]
3.10.120 Work not requiring permit.
No permit shall be required for the clearing of stoppages or the repairing of leaks in plumbing inside of buildings and structures. [Ord. 2023-003 § 2.120]
3.10.130 To whom permits may be issued.
A. No permit shall be issued to any person to do or cause to be done any sewer, plumbing, or drainage work regulated by this code, except to a person holding a valid contractor’s license issued by the state of California for the classification of work covered by the permit, except as otherwise provided in this section.
B. Permits required by this title may be issued to persons to do work regulated by this title in school buildings and churches, as well as industrial, commercial, miscellaneous, and residential (single-family, multifamily, and mobile home) developments. [Ord. 2023-003 § 2.130]
3.10.140 Application for permit.
Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose, giving a description of the character of the work proposed to be done, the location, ownership, occupancy and use of the premises involved. The general manager may require plans, specifications, or drawings and such other information as they may deem necessary. If the general manager determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant are sufficient and in compliance with this title, they shall issue the permit applied for upon payment of required fees as described in Chapter 4.25 WCWDC. [Ord. 2023-003 § 2.140]
3.10.150 Late permits.
Any person who has commenced work for which a permit is required by this title without first having obtained a permit therefor, shall, if subsequently permitted to obtain a permit, pay twice the permit fee fixed by Chapter 4.25 WCWDC for such work; provided, however, that this provision shall not apply to emergency work when it has been proven to the satisfaction of the general manager that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, an amount of twice the usual fee as provided in Chapter 4.25 WCWDC shall be charged for the late permit. [Ord. 2023-003 § 2.150]
3.10.160 Notice for inspection.
It shall be the duty of the person doing the work authorized by any permit to notify the general manager orally, or in writing, that said work is ready for inspection not less than one business day before the work is ready for inspection and that the work will withstand tests prescribed elsewhere in this title. [Ord. 2023-003 § 2.160]