Ordinance 3114CITY OF ALAMEDA ORDINANCE NO. 3114
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING IN
ITS ENTIRETY SECTION 18 -5 (ABATEMENT OF IMPROPER
SEWER CONNECTIONS), REPEALING IN ITS ENTIRETY SECTION
18 -6 (SEWER LATERAL TESTING) AND ADDING A NEW REVISED
SECTION 18 -5 (SEWER LATERAL ORDINANCE)
WHEREAS, the City of Alameda has separate sanitary sewer and storm water
drainage systems; and
WHEREAS, stormwater that should enter the storm drainage system but instead
enters the sewer system through defects in the sewer pipes causes excessive sanitary
flows during wet weather events; and
WHEREAS, a Sewer System Evaluation Study (SSES) conducted in the early
1980's as part of the region -wide East Bay Infiltration /Inflow Study resulted in a long-
term plan to reduce excessive sanitary flows during wet weather events through sewer
system upgrades and rehabilitation; and
WHEREAS, in the period since completion of the SSES, Alameda has eliminated
known cross- connections between the sanitary and storm drain systems, constructed
relief sewer improvements to provide needed system capacity, rehabilitated sewers in
the public system, and implemented a program requiring the inspection and
rehabilitation of privately -owned sewer laterals at specific triggering events; and
WHEREAS, in 2009 the Environmental Protection Agency and others filed
lawsuits against the East Bay Municipal Utility District ( EBMUD), the Cities of Alameda,
Albany, Berkeley, Emeryville, Oakland and Piedmont and the Stege Sanitary District, all
of which discharge to the EBMUD interceptor and regional wastewater treatment plant,
based on allegations of "unpermitted" discharges or sanitary sewer overflows (SSOs);
and
WHEREAS, the parties to the litigation engaged in negotiations and thereafter
entered into a Stipulated Order requiring detailed maintenance and sewer rehabilitation
work to address the continued influx of storm water into the sewer collection systems;
and
WHEREAS, the Stipulated Order remained binding until a final remediation
program was codified in the Final Consent Decree for Case Nos. C09 -00186 and 09-
05684; and
WHEREAS, it is generally accepted that privately -owned sewer laterals can
contribute up to 50% of the storm water entering older sewer collection systems like
Alameda's; and
WHEREAS, per a Stipulated Order requirement, EBMUD adopted a regional
ordinance requiring the replacement of privately -owned sewer laterals upon the sale of
any property or as a condition of issuance for specific building permits or increase in
water meter size (the "Regional Sewer Lateral Program "); and
WHEREAS, on June 29, 2012, the Alameda City Council adopted Ordinance No.
3048 N.S to amend the City's private sewer lateral program so as to achieve a no less
stringent status as compared to the Regional Sewer Lateral Program; and
WHEREAS, it is the best use of ratepayer funds for the City to participate in the
Regional Sewer Lateral Program, administered by EBMUD, in place of implementing its
own program.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda:
Section 1. Ordinance No. 2404 N.S. and Section 18 -5 (Abatement of Improper
Sewer Connections) of the Alameda Municipal Code are hereby repealed in their
entirety.
Section 2. Ordinance No. 3048 and Section 18 -6 (Sewer Lateral Testing) of the
Alameda Municipal Code are hereby repealed in their entirety.
Section 3. A new section 18 -5, Sewer Lateral Ordinance of the City of Alameda,
is hereby added to the Alameda Municipal Code, to read as follows:
See Exhibit A, attached hereto and incorporated herein by reference.
Section 4. If any section, subsection, sentence, clause or phrase of this
ordinance, for any reason, is held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council of the City of Alameda declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase of this ordinance, regardless
of the fact that one or more sections, subsections, sentences, clauses or phrases are
declared invalid or unconstitutional.
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Section 5. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Attest:
Lara Weisiger, C y Jerk
4
P, MO661L
Presiding Officer of the City Council
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Exhibit A
18 -5.1 Title.
This section shall be known as the "Sewer Lateral Ordinance of the City of Alameda."
18 -5.2 Definitions.
The following definitions shall apply to this section and augment definitions found in the
California Plumbing Code Standard Code:
a. City means the City of Alameda, a municipal corporation, in Alameda County,
California.
b. Cleanout means a pipe fitting and associated piping connected to a building
sewer or lateral sewer line that provides access to the line for purposes of
routine flushing, rodding, cleaning and other maintenance, and diagnostic
purposes.
C. Common Interest Development means a development managed or governed by
a Homeowners' Association. Examples of Common Interest Developments may
include condominium projects, planned unit developments, community apartment
projects (in which the individual units are owned) and stock cooperatives.
d. Compliance Certificate means (1) a completed inspection card approved by a
City Building Inspector prior to the effective date of this Ordinance indicating that
the sewer lateral has successfully passed the testing requirements of the City,
or (2) a certificate issued by the District after the effective date of this Ordinance
indicating that all Upper•> Sewer Laterals associated with a parcel have
demonstrated compliance with the requirements of this Chapter and the Regional
Ordinance by passing a Verification Test.
e. District means the East Bay Municipal Utility District, Special District No. 1.
f. District Director means the Director of the Wastewater Department of the East
Bay Municipal Utility District, or his or her designated representative.
g. Exemption Certificate means a certificate issued by the District as described in
the Regional Ordinance. A Property Owner who holds an Exemption Certificate
for a given parcel need not obtain a Compliance Certificate for that parcel during
the period the Exemption Certificate remains valid.
h. Homeowners' Association means a nonprofit corporation or unincorporated
association created for the purpose of managing or governing a Common
Interest Development and that operates in accordance with governing
documents, whether or not the corporation or association is formally designated
or commonly referred to as a Homeowners' Association.
Lineal Consanguinity Relationship means a relationship with another person
where, and only where, one person is a direct descendent of the other person.
The following are examples of Lineal Consanguinity Relationships: parent and
child, grandparent and grandchild, and great- grandparent and great - grandchild.
Persons are not in a Lineal Consanguinity Relationship if neither person is
directly descended from the other, even if both persons are descended from a
common ancestor. The following are not Lineal Consanguinity Relationships:
aunt and niece, uncle and nephew, siblings, and cousins of any degree.
Lower Sewer Lateral means the part of the Sewer Lateral extending from the
property line to the publicly owned Sewer Main including the connection to the
Sewer Main.
k. Parcel Group means two or more contiguous or directly adjacent parcels of real
property under common ownership.
Property Owner means a person that owns a parcel of real property, or that
person's authorized representative. As used in this paragraph, "person" means
an individual, trust, corporation, nonprofit organization, Homeowners'
Association, partnership, firm, joint venture, limited liability company, or
association. A Public Entity is excluded from this definition.
M. Public Entity means any city or county; any special district or agency of the state
formed pursuant to general law or special act for the local or regional
performance of governmental or proprietary functions within limited boundaries;
any agency or entity created pursuant to the Joint Exercise of Powers Act (Cal.
Gov. Code § 6500, et seq.); a school district or a community college district; the
University of California; the California State University; an air pollution control
district or an air quality maintenance district; a housing authority; and any other
entity with the capacity to own real property created by any of the above.
n. Public Works Director means the Public Works Director or his or her designee.
o. Regional Ordinance means the Regional Private Sewer Lateral Ordinance
adopted by the District (EBMUD Ord. No. 359 -13) and all amendments and
modifications thereto.
p- Remodel means any significant improvement, addition, construction,
reconstruction, modification or alteration of or to an existing or previously existing
Structure.
q• Repair means construction activities, performed by a licensed contractor to bring
an Upper Sewer Lateral into compliance with this Chapter and the Regional
Ordinance, consisting of the correction of less than the entire Upper Sewer
Lateral.
r. Replacement means construction activities, performed by a licensed contractor
to bring an Upper Sewer Lateral into compliance with this Chapter and the
Regional Ordinance, consisting of the replacement or lining of the complete
length of the Upper Sewer Lateral.
S. Sewer Lateral means a pipe or pipe and appurtenances that conveys
wastewater from the plumbing of a Structure to a Sewer Main. Also referred to
as "building sewer" in the California Standards Building Code.
Sewer Main or Main Sewer means a sanitary sewer pipe owned and controlled
by the City of Alameda. The Sewer Main does not include any portion of the
Sewer Lateral.
U. Structure means any structure or building as defined in the California Building
Code that is required to be provided with public sewer service by the City of
Alameda, or that is actually provided with public sewer service, or that is served
by a Sewer Lateral.
V. Time Extension Certificate means a certificate issued by the District in
connection with a Title Transfer transaction to a Property Owner, or to a
transferee, that extends the deadline to obtain a Compliance Certificate for 180
days from the date the Time Extension Certificate is issued.
W. Title Transfer means the sale or transfer of an entire real property estate or the
fee interest in that real property estate, excluding the sale or transfer of partial
interest such as a leasehold. The following are not Title Transfers for purposes of
this Chapter and the Regional Ordinance:
1. a transfer to an heir by a trustee or other fiduciary in the course of the
administration of a decedent's estate, guardianship, conservatorship, or
trust;
2. a transfer from one co-owner to one or more other co-owners, or from one
or more co-owners into or from a revocable trust, if the trust is for the
benefit of the grantor or grantors;
3. a transfer made by a trustor to fund an inter vivos trust;
4. a transfer made to a spouse, or to a registered domestic partner as defined
in Section 297 of the Family Code, or to a person or persons in a Lineal
Consanguinity Relationship with one or more of the transferors;
5. a transfer between spouses or registered domestic partners resulting from
a decree of dissolution of marriage or domestic partnership, or resulting
from a decree of legal separation or from a property settlement agreement.
incidental to a decree; and
6. a transfer from a Property Owner to a financial institution as a result of a
foreclosure or similar process. A transfer from a financial institution to a
new Property Owner is a Title Transfer for purposes of this Chapter or the
Regional Ordinance.
X. Two -way cleanout means a cleanout at or near the property line or street curb
line that allows flushing, rodding, cleaning and other maintenance and
diagnostic procedures in the Sewer Lateral. Two -way cleanouts shall be a Kelly
cleanout or approved equal and shall conform to City of Alameda requirements,
as shown on the City's Standard Drawings and as described in the City's
specifications.
Y. Upper Sewer Lateral means the part of the Sewer Lateral extending from the
property line to the building drain or Structure served. When a Sewer Lateral
connects to a rear or side yard Sewer Main located in an easement, the entire
Sewer Lateral, including the connection to the Sewer Main, shall be considered
an Upper Sewer Lateral. An Upper Sewer Lateral is associated with a parcel if it,
or any portion of it, is located upon the parcel or conveys sewage and liquid
waste from any Structure located on that parcel. More than one Upper Sewer
Lateral may be associated with an individual parcel.
Z. Verification Test means a test witnessed by the District's authorized
representative(s) to verify that all Upper Sewer Laterals associated with a parcel
comply with the requirements of this Chapter and the Regional Ordinance.
18 -5.3 Property Owner Responsibility for Sewer Lateral.
a. Property Owners own the entire Sewer Lateral and must maintain, Repair and
Replace all Sewer Laterals associated with their parcels to the extent necessary
to ensure the Sewer Laterals meet the standards of this Chapter. The minimum
standards are as follows:
1. Sewer Lateral shall be kept free from roots, grease deposits, and other
solids which may impede the flow or obstruct the transmission of waste.
2. The Sewer Lateral shall have a Two Way Ceeanout located at the property
line or at the Sewer Main easement. All Cleanouts shall be securely
capped with a proper cap at all times.
3. There shall be no Non - Sanitary Sewer Connections to the Sewer Lateral
or to any plumbing that connects thereto.
4. All joints of the Sewer Lateral shall be watertight and all Sewer Lateral
pipe shall be sound to prevent exfiltration by waste or infiltration by ground
water or storm water.
5. The Sewer Lateral shall be free of any structural defects, cracks, breaks,
openings, rat holes, or missing portions and the grade shall be uniform
without sags or offsets.
b. Property Owners must perform any Repair or Replacement and perform any
inspections necessary to ensure the Upper Sewer Laterals meet the above
standards and requirements of the Regional Ordinance.
C. All Property Owners must obtain a Compliance Certificate for the Upper Sewer
Lateral from the District at the time and in the manner required by the Regional
Ordinance.
d. Before completing a Title Transfer associated with a parcel containing any
Structure, either the transferor or transferee, as negotiated between them, shall
obtain a Compliance Certificate for the Upper Sewer Lateral from the District,
unless a Time Extension Certificate is obtained, see paragraph g. After the Title
Transfer is complete, the transferee is solely responsible for obtaining a
Compliance Certificate for the Upper Sewer Lateral. The requirement to obtain
a Compliance Certificate for the Upper Sewer Lateral before Title Transfer in no
way affects the legality of the transfer of title in the underlying property
transaction.
e. Whenever a Property Owner submits an application for any permit or other
approval needed for new construction upon a parcel, or for Remodeling of an
existing or previously existing Structure, the Property Owner shall obtain a
Compliance Certificate for the Upper Sewer Lateral from the District before
obtaining a final permit. This paragraph applies to construction and Remodeling
if the cost of the permitted work exceeds the dollar amount specified in the
Regional Ordinance.
Whenever a Property Owner applies for any permit or other approval from the
District for an increase or decrease in size of the Property Owner's water meter,
the Property Owner shall obtain a Compliance Certificate for the Upper Sewer
Lateral from the District before obtaining a final permit or approval. The District
may permit or approve an increase or decrease in water meter size without first
requiring the Property Owner to obtain a Compliance Certificate for the Upper
Sewer Lateral if the Property Owner has submitted a pending application for a
permit subject to paragraph e above.
g. A Property Owner may at any time voluntary request a Compliance Certificate
for the Upper Sewer Lateral for a given parcel from the District, and the District
shall issue the Compliance Certificate as provided by the Regional Ordinance if
the Upper Sewer Lateral located upon the parcel passes a Verification Test.
h. If a Compliance Certificate for the Upper Sewer Lateral cannot be obtained
before the Title Transfer, the transferor, transferee, or other interested party or
parties may obtain a Time Extension Certificate from the District in accordance
with the Regional Ordinance. Time Extension Certificates are issued in
connection with Title Transfer transactions only.
A Property Owner may request an Exemption Certificate from the District in
accordance with the Regional Ordinance.
j. Property Owners within Common Interest Developments must obtain
Compliance Certificates for the Upper Sewer Lateral from the District as
described in the Regional Ordinance.
k. The Property Owner of any parcel or any Parcel Group with Upper Sewer
Laterals exceeding 1000 feet in total combined length within the parcel or Parcel
Group must comply with the requirements for a Condition Assessment Plan,
Corrective Action Work Plan and Compliance Certificate as specified in the
Regional Ordinance.
The City may establish fees for administration of this Chapter. The Property
Owner shall be responsible for paying any fees established by the City in
addition to any fees established by the District.
18 -5.4 Abatement of Improper Sewer Connections.
a. Improper Sewer Connections. All Sewer Laterals or sewer Cleanouts which
contain leaks or breaks, uncapped sewer clean -outs, sump pumps, down spouts
or yard drains which discharge into the sewer system, and all other sources of
accidental, negligent or intended introduction of storm run off or similar waters
into the sanitary sewer system are hereby declared to be a public nuisance, and
shall be abated by the owner of the property, who is hereby required to remove
or correct such improper sewer connections.
b. Resolution Declaring Nuisance. Whenever any such improper sewer connection
exists upon any private property or in any street or alley within the City, the
Public Works Department will notify the Property Owner in writing of the
condition and order them to abate the condition within a specified time
frame and that if the work is not done within the timeframe that the
department will pursue the passage of a City Council resolution for the work
to be done by the City and expenses thereof assessed upon the Property
Owner from which the nuisance is removed. Such resolution shall fix the time
and place for hearing any objections to the proposed correction or removal.
c. Protests; Filing and Hearing. At any time not later than the time set for hearing
objections the Property Owner of any real property liable to be assessed for the
proposed abatement may file with the City Clerk, addressed to the Council, a
written protest against the proposed improvement and no other protests shall be
considered. At the time set for hearing protests, or such time as such hearing
may be adjourned, the Council shall hear such protest or protests and pass
upon the same, and its decisions thereupon shall be final and conclusive,
whereupon it shall acquire jurisdiction to proceed and perform the work of
correction of the improper sewer connection. The action of the Council at the
conclusion of such hearing shall be final and conclusive.
d. Resolution Ordering Work:
1. After final action shall have been taken by the Council on the disposition
of all objections, or in the case no objections, shall have been received,
the City Council shall by resolution order the City Engineer to abate, or
cause to be abated, such nuisance, by having the improper sewer
connection corrected or removed, and the Public Works Director, or
authorized representative, and his /her assistants, employees, contracting
agents or other representatives are hereby authorized to enter upon
private property for that purpose.
2. As an alternate remedy, the City may take such legal action as may be
necessary to require correction or removal of the improper sewer
connection by the property owner.
3. Any property owner shall have the right to correct or remove such
improper sewer connections himself or have the same corrected at his /her
own expense, provided that such correction or removal shall have been
completed prior to the arrival of the Public Works Director or his /her
representatives to perform such work.
e. Account and Report of Cost. The City Engineer shall keep an account of the
cost of abating such nuisance upon each separate lot or parcel of land, and
include such account in a report and assessment list to the City Council, which
shall be filed with the Clerk. Such report shall refer to each separate lot or parcel
of land by description sufficient to identify such lot or parcel, together with the
expense proposed to be assessed against each separate lot or parcel of land
therefor respectively.
f. Notice of Hearing and Confirmation of Report. The City Clerk shall post a copy
of such report and assessment list at or near the City Clerk's office and shall
notify property owners that they may appear and object to any matter contained
herein. The notice shall be mailed at least ten (10) days before the time such
report will be considered by the City Council.
g. Hearing and Confirmation of Assessment. At the time and place fixed for
receiving and considering such report, the City Council shall hear the same
together with any objections which may be filed by any of the property owners
liable to be assessed for the work of abating the nuisance mentioned in this
section, and the Public Works Director, or authorized representative, shall attend
such meeting with his /her record thereof, and at such hearing, the City Council
may make such modifications in the proposed assessment therefor it may deem
just and proper, after which such report and assessment list shall be confirmed
by resolution.
The amount of the cost of abating the nuisance upon the property referred to in
the report of the Public Works Director, and as finally concluded by resolution of
the City Council, shall constitute a special assessment against that parcel of
property, and if not paid within thirty (30) days of City Council's confirming
resolution, shall be a lien on the property for the amount thereof which lien shall
continue until the assessment and all interest thereon is paid, or until it is
discharged of record.
h. Collection on Tax Roll. The City Clerk shall transmit a copy of the resolution to
the Alameda County Tax Collector. Thereafter, such amounts shall be collected
at the time and in the same manner, as general City taxes are collected, and
shall be subject to the same interest and penalties, and the same procedure and
sale in case of delinquency. All laws and ordinances applicable to the levy,
collection and enforcement of City taxes are hereby made applicable to such
special assessments.
Payment of Assessments, Annual Installments, Interest. The payment of any
assessments of four hundred ($400.00) dollars or more upon single family
residence may be made in annual installments, not to exceed five (5); the
payment of assessments so deferred shall bear interest on the unpaid balance
at the statutory rate of interest as prescribed by the State. Said interest shall
begin to run on the 31st day after the confirmation of the assessments.
18-5.5 Abandonment of Upper Sewer Laterals.
It is the responsibility of the Property Owner to abandon Upper Sewer Laterals in the
following manner. Upper Sewer Laterals to be abandoned shall be securely closed at
all pipe ends by a watertight plug of concrete or concrete grout not less than two (2) feet
thick. Before a building connected to the City of Alameda sewer system is removed or
modified in a manner which requires a physical disconnection of the Structure from the
sewer, the Property Owner of the Structure shall obtain the appropriate permit from the
City of Alameda. The physical disconnection shall be inspected by City personnel. The
Property Owner shall disconnect and plug the Upper Sewer Lateral with a watertight
plug of concrete or an approved fitting at the Sewer Main prior to demolition work.
Structures to be abandoned shall have all openings, inlets and outlets sealed off as set
forth for sewer lines and the structure shall be removed to a point three (3) feet below
the proposed street grade or ground surface. If the structure is in State, County, or City
of Alameda roadway right -of -way, it must be filled with TYPE I backfill. If the structure is
outside of the State, County or City of Alameda roadway right -of -way it shall be filled
with earth and compacted.
18 -5.6 Enforcement.
Any violation of any provisions of this section shall be deemed a misdemeanor but may
be cited and prosecuted, in the discretion of the enforcing officer, as an infraction, and
shall be punishable as set forth in Section 1-5 of the Alameda Municipal Code. The
District shall enforce all provisions of the Regional Ordinance.
18-6 —18-10 RESERVED.
I, the undersigned, hereby certify that the foregoing ordinance was duly adopted
and passed by the Council of the City of Alameda in a regular meeting assembled on
the 18th day of November, 2014, by the following vote.
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 19th day of November, 2011.
kck
Lara Weisiger, Cify Ierk,
City of Alameda
APPROVED AS TO FORM:
Jap�t C. Kern
City Attorney