Loading...
Ordinance 003ORDINANCE N0. 003 AN ORDINANCE PROVIDING FOR THE SANITARY DISPOSAL OF SEWAGE IN THE CITY OF CUPERTINO, CALIFORNIA The City Council of Cupertino does ordain as follows: Section 1 This ordinance shall apply within the- incorporated limits of California. to all territory embraced of the City of Cupertino, State Section la Definition of "Health Officer": "Health Officer" shall mean the Santa Clara County Health Officer, his assistants, or authorized deputies acting as health officer of the City of Cupertino. ~PCtion 2 It shall be unlawful to maintain, or use, any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not provided with means for the disposal of sewage, either by a flush toiler connected with a sewage system approved by the Health Officer, or when it is judged permissible by the Health Officer, a privy which meets the requiremEmts of construction and maintenance hereinafter descrik~ed. Section 3 Every building where persons reside, congregate, or are employed which abuts a street or alley in which there is an approved public sanitary sewer, or which is within 200 feet of an approved public sanitary sewer, provided a right of way can be obtained, and if possible grade is present, shall be connected to the sewer, by the owner or agent of the premises, in the most direct manner possible, and with separate connection for each home or building. Section ~ It shall be unlawful for ~~ny person to construct or maintain any privy, cesspool, ;peptic tank, sewage treatment works, sewer pipes or conduits;, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health, whereby they shall do any of the following: (a) Overflow any land wh~~.tever; b Empty, flow, seep, d:^ain into or affect any springs, streams, rivers, lakes or othe:c~ waters within the City of Cupertino, PROVIDED HOWEVER, if with respect to existing septic tanks, sewage treatment works, sewer pipes or conduits or other p~ pes or conduits for the treatment or discharge of sewage or impure waters, it would be exceptionally difficult, if not impossible to comply with the provisions of this Section of this Ordinance, the Health Officer shall have the power by special permit to allow such v.~.riations from the provisions contained in this Section as will prevent unnecessary hardship or injustice and at the same time most nearly accomplish the general purpose and intent hereof. Section 5 Every residence, place of residence, or other building or place where persons congregate, reside, or are employed and which does not abut a street or alley in which there is an approved sanitary sewer, or which is not within 200 feet of an approved public sanitary sewer, shall be provided with a private water flush toilet, or if in the opinion of the Health Officer conditions permit, a privy, by the owner or agent or occupant of the premises; said water flush toilet system, or privy, to be built or rebuilt, constructed,altered or reconstructed, or maintained in such manner as to meet the requirements of construction and maintenance hereinafter described to wit: A. Private Sewage Disposal Systems 1. At any residence, place of business or other building where there is installed a water flush system or sewage disposal system which is not connected to a public sewer system, and where the customary users do not exceed fifteen (15) in number, there shall also be established or installed a private sewage disposal system. Said disposal system to consist of a septic tank and a system of underground drains for the disposal of the tank effluent. Said tank and drains shall be so constructed as to meet the requirrr~nts of construction and maintenance hereinafter described. (a) SEPTIC TANKS The septic tanks shall be of two compartment construction; the first compartment being twice the capacity of the second. Said tank shall be of a type, constructed and located in accordance with the recommendations of the State Department of Public Health and the Health Officer. If it is necessary to install the tank above the ground surface, it must be made air and odor tight, The septic tank, distribution box if used, and all inlets and outlets thereto, shall be water tight. (1) SIZE The minimum capacity of the se tic tank shall be 700 gallons . (2~ MATERIALS The septic tank shall be constructed of concrete, irrigations heart grade redwood or equal, or some other material of equal durable and waterproof qualities approved by the Health Officer. (b) DRAINS The effluent from the septic tank must discharge into an approved absorption field. The construction shall be such that the sewage shall at no time flow over the top of the ground. The absor tion field shall be laid at a grade of not more than two (2~ inches in one hundred (100) feet. The effluent lines shall be laid in a trench at least twenty- four (2~) inches wide, which has a layer of one to two inch loose rock on the bottom at least twelve (12) inches deep and at least four (~-) inches over the top of said effluent lines. The minimum. length of the effluent leaching lines shall be one hundred and twenty-five (125) feet. Additional length of effluent lines may be required by the Health Officer if unusual conditions are encountered. In any case where the topography or area of any lots, piece or parcel of land upon which a septic tank is erected, maintained, constructed, or is proposed to be erected, maintained or constructed, is such that the minimum requirements for the length of effluent leaching lines cannot be complied with the Health Officer may grant a special permit for the erection, construction or maintenance of shorter effluent leaching lines, or other means of effluent disposal, if in his judgment such other means or shorter effluent lines are sufficient to provide for the efficient disposal of the effluent without endangering public health of safety. (c) CESSPOOLS It shall be unlawful to use a cesspool for the disposal of sewage without a permit from the Health Officer. (d) SEWER WELLS All sewer wells are hereby declared to be a public nuisance. It shall be unlawful to drill, construct, maintain or operate a sewer well, and such an offense shall constitute a misdemeanor. 2. At any residence, place of business, or other buildings where there is installed a water flush system of sewage disposal, which is not connected to a public sewer system, and where the customary users exceed 15 in number, there shall also be established or installed a private sewage disposal plant, the plans and construction of which, in each separate case, shall be approved by the Health Officer. B. Pit Privy 1. It shall be unlawful to use a pit privy for the disposal of sewage without a permit from the Health Officer. When in the opinion of the Health Officer the conditions permit the disposal of sewage by means of a pit privy, said privy, if established or installed, shall be so constructed, built, rebuilt, or maintained that: (a) The privy shall be placed at a distance approved by the Health Officer for all wells, streams and dwellings; (b) The sewage deposited therein shall not fall upon the surface of the ground, but shall enter into a buult or pit in the ground or a compartment built for that purpose; (c) Said vault and building thereon shall at all times be inaccessible to insects, rodents or other animals; (d) The pit vault or comp,~.rtment, together with the floor riser seat and other portions of the building shall as a unit prevent the entrance of either rain or surface water into the pit below; (e) All privy buildings shall be kept in clean and sanitary condition at all times. 2. Chemical privies, septic privies, concrete vault privies, or other privies not heretofore mentioned may be used only with the special permission of the Health Officer. Sects nn h It shall be unlawful for a~1y person, firm or corporation to construct, build, or rebuild any residence, place of residence, or other building or place where persons congregate, reside or are employed which is not to be connected to an approved sanitary sewer without first submitting plans of the means of sewage disposal to the Health Officer, and obtaining a permit therefor as Yierein provided. Such plans shall include the plot plan of i;he premises with sufficient elevations, the size and type oj' septic tank, and a plan of the absorption field, giving al:L dimensions and other pertinent information. Every applicant for a permit-shall pay to the Health Officer for each permit _:ssued and at the time of issuance a fee of $5.00 for eacYi sewage disposal system. Section 7 No building permit is required in the Gity Zoning Plan Ordinance, and any amendments tYiereto, shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the Health Officer of the plan of the mean; of sewage disposal for said building. Sects nn ~ No Certificate of Occupanc~~ shall be issued for any building which is not connected to an approved public sanitary sewer without the written approval by the Health Officers-of the means of sewage disposal for said building. Section 9 It shall be the duty of they Health Officer to enforce the provisions of this ordinance, ar.~d in the performance of this duty the Health Officer or his o.uly authorized agent is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcerr~ent of this ordinance. Section 10 Any person, firm or corporation who violates or refuses or fails to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished upon conviction by a fine of not less than 25.00 nor more than $500.00 or by imprisonment in the County Jail for not more than six '(b) morlrhs or by both such fine and imprisonment. Section 11 Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed. Section 12 If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the valid~:~ty of the remaining portions of this ordinance. The Council of the City of Cupertino hereby declares that it would have passed this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, para- graphs, sentences, clauses or phrases be declared unconstitutional or invalid. Section 13 This ordinance shall not be construed as imposing upon the City of Cupertino any liability or responsibility for damage resulting from the defective construction of any sanitary disposal system as herein provided, nor shall the City of Cupertino or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder. Section l~- This ordinance is hereby declared to be an urgency measure and necessary for the immediate preservation of the public health and safety, and shall take effect and be in force forthwith from and after its final passage and approval. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 17th day of October, 1955, by the following vote: AYES: Councilmen: Lindenmeyer, Meyerholz, Nathanson, Saich, Wilson NOES: Councilmen: None ABSENT: Councilmen: None /s/ Ralph E. Lindenmeyer _ Mayo r ATTES'P: Ls/ Burre 1 Le ona, rd Acting City Clerk / (~~~ I, ~ ~ . , City Clerk of the City of Cupertino and~ex officio clerk of the legislative body of said City do hereby certify that the foregoing is a true and correct copy of Ordinance No. 003 on file in my office and that the same has been published pursuant to law. IN ITNESS WHEREO I have ~?ereunto set my hand and City Seal this '~~ day of "'~ ~, 19 ~~ ~ ~~n~ ~.