HomeMy WebLinkAboutNS-2887 - Amending Chapter 39, Article III of Santa Ana Municipal Code Pertaining to Sewer Facilities(KCN 10/19/15)
ORDINANCE NO. NS -2887
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.
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):
Ordinance No. NS -2887
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Secs. 39-47 39-50 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 accident or damage
to, any sewer pipe or its appurtenances located on any private premises; nor shall the
City be responsible for or on account of any 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 point 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 shall be
maintained by the owner of the property or user served by such lateral in a safe and
sanitary condition so that there is no seepage of waste at any point up to and including
the junction of the sewer lateral and the sewer main and so that 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.
Ordinance No. NS -2887
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(KCN 10/19/15)
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 City's sewer enterprise may perform the repair and maintenance of all lower
sewer lateral lines within the public right-of-way, at the discretion of 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 Ordinance No. 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 15th day of December, 2015
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: &�gLaz
Kyl . Nellesen
Deputy City Attorney
Ordinance No. NS -2887
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AYES: Councilmembers: Amezcua, Martinez, Pulido, Reyna, Sarmiento,
Tinaiero (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers: Benavides (1)
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 -2887 to be the original ordinance adopted by the City Council of the City of
Santa Ana on December 15, 2015 and that said ordinance was published in accordance with
the Charter of the City of Santa Ana.
i
Date: t2 -2!s-15
,-^ Clerk of the Council
f City of Santa Ana
Ordinance No. NS -2887
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