Ordinance 821
1/12/78
ORDINANCE NO. 821
AN ORDINANCE OF THE CITY OF CUPERTINO REPEALING CHAPTER 15.20
OF THE ~1UNICIPAL CODE AND RE-ENACTING SAID CHAPTER PERTAINING
TO SEWAGE DISPOSAL SYSTEMS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 15.20 is hereby repealed and re-enacted as follows:
Sections:
15.20.010 Applicability. This chapter shall apply to all territory
embraced within the incorporated limits of the City.
15.20.020 Definitions. For the purposes of this chapter, unless
otherwise stated herein, certain words and phrases used in this chapter are
defined as follows:
A. "Health Officer" shall mean the County Health Officer, his assistants,
or authorized deputies acting as Health Officers of the City of Cupertino.
B. "Sanitary waste" shall mean and icnlude, but not be limited to, the
discharge from toilets, bathtubs, lavatories, dishwashers, washing machines,
and any and all other fixtures connected to the building plumbing system.
C. "City Standards" shall mean those standards relating to tests and
studies, individual sewage disposal system design, construction, and/or
maintenance as approved by the Health Officer and adopted by resolution
of the Council.
15.20.030. Public Sanitary Sewer Required; Exceptions.
A. All property which is used, or is proposed to be used, for a
residence, place of business, or other use requiring a building or place
where persons congregate, reside, or are employed, shall upon the issuance
of any permit for building or use be required to be connected to a public
sanitary sewer in the most direct manner possible, each building having
a separate connection. All areas designated by the General Plan of the
City of Cupertino as not required to connect to a public sanitary sewer
are excepted from the above requirements.
B. With respect to the above described exception, a private sewage
disposal system may be installed, provided that, prior to the issuance of
a building permit for any new structure, or prior to a change in use of
an existing structure, wherein such a private sewage disposal system is to
be utilized, written approval is obtained from the Health Officer as pro-
vided in this Chapter. The Health Officer shall provide the City with a copy
of all written approvals for private sewage disposal systems.
15.20.040 Exception to Public Sanitary Sewer Requirements.
Every property which is allowed a private sewage disposal system under
the provisions of this chapter, shall be provided with a water flush toilet
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system; said water flush toilet system shall be built or rebuilt, constructed,
altered, reconstructed, or maintained in such a manner as to meet the follow-
ing requirements and the City standards as defined in Section 15.20.020 (c)
above.
15.20.050 Private Sewage Disposal Systems.
A. Every residence, place of business, or other building or place where
persons congregate, reside or are employed, that is located in an area desig-
nated in the adopted General Plan as not requiring public sanitary sewers
shall be provided with a water flush toilet system; said water flush toilet
system shall be built or rebuilt, constructed, altered, reconstructed or
maintained in such a manner as to meet the following requirements and the
City standards as defined in Section 15.20.020 (c) above.
B. The following construction requirements shall apply:
(1) Construction Requirements. At any residence, place of business,
or other building where a water flush toilet system is installed, there shall
also be installed a private gravity fed sewage disposal system consisting of
a septic tank and underground drains for the disposal of the tank effluent.
The minimum system for any premises shall include a two (2) compartment septic
tank of 1,500 gallons water capacity measured at the flow line, a diversion
valve, and a disposal field consisting of a gravel-filled leaching trench
system. The disposal field shall be installed so as to form two (2)
independent sections each containing one-half (~) of the total length of the
required trench. Additional area shall be kept available and free of con-
struction of any type on each premises on which the sewage disposal system
is proposed to provide for the expansion of the disposal field by at least
100 per cent.
(2) The septic tank and disposal field shall be so constructed
as to meet the requirements described in the City Standards.
(3) The Health Officer may require soil tests and studies as
he deems necessary to establish the suitability of the property for on-site
sewage disposal.
C. Cesspool unlawful. It shall be unlawful for any persons to use a
cesspool for the disposal of sewage.
D. Sewer wells unlawful. It shall be unlawful for any persons to drill,
construct, maintain, or operate a sewer well.
E. Leaching sumps: Depth. It shall be unlawful to construct, maintain,
or operate as part of a private sewage disposal system a leaching sump exceed-
ing six (6') feet in depth except with the specific approval and in accordance
with the requirements established by the San Francisco Bay Regional Water
Quality Control Board.
F. Pumping.
(1) Required. All private disposal systems shall be pumped, for
maintenance purposes, at least once every three (3) years.
(2) Licenses to pump required.
duct any pumping operation whatever within
possession a valid license issued by the
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No person shall undertake or con-
the City without having in his
County Health Officer.
(3) Licenses to pump: Fees. The licensee shall pay, in advance, to
the County Health Officer a license fee of Twenty-five and no/lOOths
($25.00) Dollars.
(4) Licenses to pump: Terms: Renewal. Each license issued shall be
valid for a period of one year only but may be renewed for addi-
tional one-year periods upon the payment of the annual license
fee of Twenty-five and no/lOOths ($25.00) Dollars and submission
of such additional information as the County Health Officer may
require.
G. Owner's Responsibility. Each resident of a premises, or the owner, if
the premises are vacant, having a sewage disposal system shall inspect such
sewage disposal system at intervals not to exceed six (6) months to determine
the operating condition, perform the necessary maintenance, and turn the diversion
valve.
H. New Construction: Septic tank permits. It shall be unlawful for any
person 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 public sanitary sewer without first sub-
mitting plans of the means of sewage disposal to the Health Officer and obtain-
ing a permit therefor.
(1) Applications. The application for such permit shall include a
plot plan of the premises showing the overall topography and
surface drainage direction; the specific location of the septic
tank and diversion valve; grade elevations of structures and the
leaching field, giving all dimensions; and such other pertinent
information as the Health Officer may require. The Health Officer
may require that the application be prepared by a registered
Civil Engineer.
(2) Issuance. If the application is prepared and the work proposed
is in conformance with the requirements of this chapter and City
Standards in effect at the time of issuance, the Health Officer
shall issue the septic tank system permit. The permit, as issued
by the Health Officer, shall be in full force and effect for a
period of one year after the date of the issuance of the permit.
If the septic tank system has not been completed within the one-
year period after the date of issuance, the permit shall become
null and void, and a new application shall be filed. Said permit
is not transferrable. If it is determined by the Health Officer
that the parcel of land set forth in the application does not
conform to the requirements of this chapter or the City Standards
adopted and in effect at the time of the filing of the application
the Health Officer shall not issue the permit.
I. Alteration: Septic Tank Permits. It shall be unlawful for any person
to alter, expand, or otherwise modify an existing sewage disposal system without
first submitting plans of the proposed work to the Health Officer and obtaining
a permit therefor.
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(1) Applications. The application for such permit shall include
a plot plan of the premises showing the overall topography and surface direction;
a description of the existing system; details of the proposed alterations or
modifications, showing all dimensions; and such other pertinent information as
the Health Officer may require. The Health Officer may require the preparation
of such application by a registered Civil Engineer.
(2) Issuance. If the application is prepared and the work proposed
is in conformance with the requirements of this chapter and the City Standards,
the Health Officer shall issue the septic tank permit.
J. Plans: Review: Inspections. The Health Officer shall review all
plans for proposed sewage disposal installations and all plans for proposed
alterations, improvements, or expansion of existing sewage disposal installa-
tions and shall make all necessary site inspections to determine conformance
with minimum City Standards.
After the issuance of a permit by the Health Officer, he shall conduct
such inspections on the premises as are necessary to assure the carrying out
of the proposed construction in accordance with the plans.
K. Fees: Inspections.
(1) Fees. Every applicant shall pay to the Health Officer, at the
time of permit issuance, a fee of Twenty-five Dollars ($25.00) for each sewage
disposal system and a fee of Fifteen Dollars ($15.00) for each permit to repair,
alter, or expand an existing system. A fee of Seventy-five Dollars ($75.00)
will be paid for every four (4) or portion thereof soil percolation test holes.
L. Failing: Repairs required. Owers or residents on premises with
existing private sewage disposal systems which are failing or where failure
appears imminent shall repair, modify, and/or expand such system upon the order
of the Health Officer. The modification and/or expansion shall be such that will
bring about correction of the failure or the imminent failure.
M. Failure: Connection required. Upon the complete failure of a private
sewage disposal system, the Health Officer shall require the connection of said
private system to a public sanitary sewer.
15.20.060 Bi-Annual Renewal of Permit Required~ In order t~ prevent pollution
or contamination of water sources or creation of public health nuisances, and to
ensure long-term maintenance, 8 bi-annual inspection of private sewage disposal
systems hereinafter installed is required. Said inspection shall be accomplished
as a part of a .bi-annual renewal of all septic tank permits hereafter issued.
A. Application. Upon expiration of a septic tank permit, hereafter
issued, the City shall provide written notice to the owner of the property on
which the septic tank is located informing the owner that the permit is sub-
ject to renewal. Upon application for renewal by the property owner, an
inspection of the facility shall be made by the City to determine the operat-
ing condition of the facility. Upon approval of the person inspecting the
facility, the permit shall be renewed for an additional year.
B. Fee. A fee for the cost of inspecting the private sewage disposal
system and issuance of the annual permit therefor shall be established on an
annual basis by the City Council.
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15.20.070 Liability. The provlslons of this chapter shall not be con-
strued as imposing upon the City any liability or responsibility for damages
resulting from the defective construction of any sewage disposal system, nor
shall the City, or any official or employee thereof, be held as assuming any
such liability or responsibility by reason of the inspections authorized by
the provisions of this chapter.
15.20.080 Enforcement. It shall be the duty of the Health Officer to
enforce the provisions of this chapter, and in the performance of this duty,
the Health Officer, or any duly authorized agent of the Health Officer is here-
by authorized to enter at any reasonable hour any premises as may be necessary
in the enforcement of the provisions of this chapter and to make investigations,
including the taking of samples and conducting of dye tests.
15.20.090 Violations. Any person violating or refusing or failing to
comply with any of the provisions of this chapter shall be deemed guilty of
an infraction and, upon conviction therBof, shall be punishable as set forth
in Chapter 1.12 of the Municipal Code.
l5.20.~OO Appeals to the City Council. Any person dissatisfied with
the action or judgment of the Health Officer may appeal to the City Council
at any time within ten (10) calendar days after receipt of written notice
thereof by ordinary mail. Upon receipt of an appeal, the City Clerk shall
schedule a hearing before the City Council within thirty (30) days after
receipt of said appeal. The Council may by resolution affirm, reverse or
modify in whole or in part the decisions of the Health Officer.
15.20.101 Severability provisions. Each of the sections, clauses and
other provisions of this Ordinance is hereby declared to be severable, and if
any provision shall be declared to be invalid, such decision shall not affect
the validity of the remaining portions of this Ordinance which shall remain
in full force and effect.
INTRODUCED at a regular
Cupertino this 16th day of
meeting of the City Council of
1978, by the following vote:
meeting of the City Council of the City of
January , 1978, and ENACTED at a regular
the City of Cupertino this 7th day of February,
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, Meyers, O'Keefe, Frolich
None
None
Nellis
ATTEST:
APPROVED:
/s/ Dorothy Cornelius
City Clerk, Deputy
/s/ Donald A. Frolich
Mayor, City of Cupertino
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