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Home My WebLink About75A - PH - SEWER LATERAL OWNERSHIPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 39 OF THE MUNICIPAL CODE TO DEFINE SEWER LATERAL OWNERSHIP (STRATEGIC PLAN NO. 6, 1B) !2 4�( CITY MANAGER RgCQMMgNP99 AC-TIQN CLERIC OF COUNCIL USE ONLY: R.1�J.Z�D1� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1tl1 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For [KQ0YiliR114i1kl(i] FILE NUMBER Adopt an ordinance amending Chapter 39, Article III, of the Santa Ana Municipal Code, pertaining to sewer facilities, to include definitions clarifying sewer facility ownership. DISCUSSION The City Council will consider adoption of an ordinance amending Article III, Sewers, of Chapter 39 of the Santa Ana Municipal Code. The proposed amendments are to establish and define the ownership of sewer facilities. The City owns and maintains a sewer collection system comprised of 390 miles of public sewer main which collects and conveys sewage from over 45,000 sewer laterals. A sewer lateral, as defined by the California Association of Sanitation Agencies, is "the pipe that transports wastewater from a building to the public sewer main in the street." The sewer lateral can be divided into two portions: the upper lateral and the lower lateral. The upper lateral refers to the portion which runs from the building to the property line; the lower lateral runs from the property line to the sewer main. Santa Ana property owners have historically been responsible for constructing and maintaining any sewer lateral serving their property. Prior to 2001, property owners had to bear all expenses relating to repairs of the upper and lower sewer laterals. In 2001, the City adopted an ordinance creating a sewer enterprise fund and a sewer service charge. A portion of funds collected is now used by the City to repair or replace sewer laterals located in the public right -of -way. However, when the ordinance was adopted in 2001, a clear definition of ownership and maintenance responsibilities of the sewer lateral was not included. The California State Water Resources Control Board ( SWRCB) regulates sewers in the state, including those owned by the City. However, the SWRCB only requires that local sanitation agencies maintain public sewer mains. There is no statewide program that mandates which party is responsible for sewer laterals on private property. It is common practice for cities with sewer enterprises to codify sewer lateral ownership and responsibilities and a number of neighboring communities have such ordinances, including the cities of Fullerton, Orange, and Huntington Beach. The Santa Ana Municipal Code (SAMC) addresses the topic of water and sewers in Chapter 39. Sewers are specifically detailed in Article III of that chapter. However, 75A -1 Ordinance Amending Chapter 39 of the Municipal Code to Define Sewer Lateral Ownership December 1, 2015 Page 2 the SAMC does not provide definitions for terms used in the sewer chapter, nor does it assign responsibility for ownership and maintenance of the sewer laterals, The ambiguity with regards to ownership and maintenance responsibilities leaves the City susceptible to potential liability resulting from improperly maintained sewer laterals. The proposed ordinance amendments would formally codify that ownership of the entire lateral, both the upper and lower portions, belongs to the property which Is served by the sewer lateral. All sewer laterals shall be maintained by the owner of the property served in a safe and sanitary condition and in good working order, While ownership and maintenance responsibilities of the sewer lateral remain with the property It serves, in accordance with the ordinance adopted In 2001, the City's sewer enterprise will continue to perform the repair or replacement of the lower portion of the sewer lateral, resulting in significant cost savings to property owners. STn RAT5GIC KLAN ALQNMJNT Approval of this Item supports the City's efforts to meet Coal #6 Community Facilities a Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy S (equitably maintain existing streets and associated assets In a state of good repair so they are clean, safe, and aesthetically pleasing for all users), �PLWI IL O. There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact associated with this item. t Froo Mousavilpour Exe utive Director Public Works Agency FM /NS /RR Exhibit; 1, Ordinance 75A -2 (KCN 10/19/15) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SEWER FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 38900 grants authority to a ,.city legislative body" to "construct, establish, and maintain drains and sewers." However, the Government Code does not provide definitions for terms relating to sewer systems. B. The City owns and maintains a sewer collection system comprised of 390 miles of sewer main which collects and conveys sewage from over 45,000 sewer laterals. C. In 2001, the City adopted an Ordinance creating a sewer enterprise fund and sewer service charge; a portion of funds collected is used by City forces to repair or replace sewer laterals located in the public right of way. D. The City of Santa Ana Public Works Agency has historically provided information and guidance explaining that all sections of the sewer system located on private property and underneath public rights of way are the responsibility of the homeowner. E. The City Council has determined that formal codification of terms relating to sewer systems serves to clarify any potential confusion and provide clear guidance to homeowners in regards to ownership and responsibility for maintenance of sewer laterals. Section 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. Ordinance No. NS -XXX Page 1 of 5 Exhibit 1 75A -3 Section 3. Sections 39 -47 -- 39 -50- Reserved. of the Santa Ana Municipal Code are hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Secs. 39- 47--39 -60 39 -49. - Reserved. Section 4. Section 39 -50 is hereby deleted from Chapter 39, Article II of the Santa Ana Municipal Code and added to Chapter 39, Article III. Section 5. Section 39 -50 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39 -50. - Definitions. (a) SEWER MAIN means the main line sewer, used as a trunk line or major channel of passage for transporting sewage and waste constructed in a street, highway, alley, place or right-or-way dedicated to public use. It shall not include sewer laterals or any portion of them. (b) SEWER LATERAL means that entire connecting sewer line running from sewer main to the private property line and extending to the structure to which it connects. (c) UPPER SEWER LATERAL means that portion of the sewer lateral that extends from the private property line to the structure to which it connects. (d) LOWER SEWER LATERAL means that portion of the sewer lateral that extends from the sewer main to the private property line. Section 6. Section 39 -50.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39 -50.1. - Ownership. The City shall in no way whatsoever be responsible for any damage to persons or property because of any leakage breakage or seepage from, or damage injury or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances. A sewer lateral from its connection to a building on the property to its 0oint of connection with the sewer main shall remain the responsibility of the property owner or user with regard to maintenance, repair and upkeep. All sewer laterals to and including the junction of the sewer lateral and the sewer main and so that Ordinance No. NS -XXX Page 2 of 5 75A -4 (KCN 10/19115) passage, of waste through the lateral to the sewer main is free from stoppage and obstruction: all devices and safeguards which are required by this chapter for the operation thereof shall be maintained in good working order. Section 7. Section 39 -50.2 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39 -50.2. — Repair by City Forces (a) Repair and maintenance of all sewer mains dedicated to the City shall be the responsibility of the City's sewer enterprise (b) Except as provided herein, repair and maintenance of all privately -owned sewer mains and all lateral lines equipment and appurtenances connected to the City sewer mains shall be the responsibility of the owner /user, and shall meet the requirements contained in Chapter 39 Article III of this Code, (c) the Director of Public Works and so long as funds are available in the sewer enterprise to perform said repair and maintenance in accordance with Resolution NS -2479. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12015 Ordinance No. NS -XXX Page 3 of 5 Miguel A. Pulido Mayor 75A -5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Kyl Nellesen Deity City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No, NS -XXX Page 4 of 5 75A -6 (KCN 10/19/15) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -XXX Page 5 of 5 Clerk of the Council City of Santa Ana 75A -7 75A -8