Ordinance 821 • . 1112/78
? ORDI:JANCE N0. 821
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AN ORDINANCE OF THE CITY OF CUPERTI:IO REPFIILING CHAPTER 15.20
OF THE MUNICIPAL CODE AND RE-ENACTING SAID CHAPTER PERTAINING
TO SEWAGE DISPOSAL SYSTE"tS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 15.20 is hereby repealed and re-enacted as followa:
Sections:
~ 15.20.010 Applicability. Thia chapter ahall apply to all territory
, embraced within the incorporated limits of [he City.
15.20.020 Definitione. For Che purposes of thls chapter, unlees
otherwise stated herein, certain words and phrasea uaed in this chapter are
defined as followa:
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 vaete" ahall mean and icnlude, but not be limited to, the
discharge from toilets, bathtube, lavatories, dishwashere, washing machines,
and any and all other fix[ures connected to the buildtag plumbing syatem.
C. "City Standards" ahall mean those atandards r+lating to tests and
studies, individual sewage dispoeal aqatem deaign, conitruction. and/or
maintenance as approved by the Health Officer and adopced by reaolution
of the Council.
15.20.030. Public Sanitary Sever Required; Exceptions.
A. All property which is uaed. or is proposed to be used, for a
residence, place of businese, or other use requiring a building or place
where persons congregate, reside, or are employed, ahall upon the isauance
of any permit for building or use be required to be connected to a public
sanitary aever in the most direct manner posaible, each building having
a separate connection. ~all areas deaignated by the General Plan of the
City of Cupertlno as not required to connect to a public sanitary sewer
are excepted from the above requirements.
B. With respect to the above deacribed exception, a private eewage
disposal system may be ins[alled, provided that, prior to the isauance of
a building permit for any nev structure, or prior to a change in use of
an exiating atructure. wherein such a private sewage disposal system ie to
be utilized. written approval is obtained from the Health Officer ae pro-
vided in this Chapter. The Health Officer shall provide the City vith a copy
of all written approvals for private sewage disposal syatems.
15.20.040 ExceDtion to Public Sanitarv Sewer Requirements.
Every property vhich is allowed a priva[e sewage disposal ayatem under
che provisions of this chap[er, shall be provided with a water flush toilet
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system; said water flush toile[ system shall be built or rebuilt, constructed,
altered, reconstructed, or maintained in such a manner as to meat the follow-
ing requiremen[s and [he C1ty s[andards as deiined in Sec[ion 15.20.020 (c)
above.
15.20.050 Private Sewage Disposal Systema.
A. Every residence, place of businesa, 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 aevers
shall be provided with a water flush toile[ ayatem; said water flush toilet
system shall be built or rebuilt, conatructed. altered, reconatructed or
maintained in auch a manner as to meet the following requirementa and the
City standards as defined in Section 15.20.020 (c) ahove.
B. The folloaing conetruction requirements ahall apply:
(1) Con~truction Requirementa. At any residence, place of buaineas,
I or other building where a water flush toilet aystem is installed, there shall
alsa be installed a private gravi[y fed seaage diaposal system conaisting of
a septic tank and underground drains for the diapoeal of the tank effluent.
The minimum system for any premises shall include a tvo (2) compartment aeptic
tank of 1,500 gallons water capacity measured at the flow line, a diveraion
valve, and a diaposal field consisting of a gravel-filied leaching trench
system. The disposal field shall be installed so as to form Cwo (2)
independent sectiona each containing one-half of the total length of the
required trench. Additional area ahall be kept avallable and free of con-
atruction of aay type oa each premises on which the aevage dlaposal ayetem
is proposed to provide for the expansion of the disposal field by at least
100 per cent.
(2) The aeptic tank and disposal field ahall be so constructed
as to meet the requirementa described in the City Standards.
(3) The Health Officer may require soil tests and studiea as
he deems necessary to establiah the suitability of the property for on-aite
sewage disposal.
C. Cesapool unlawful. It shall be unlawful for any persons to use a
cesspool for the disposal of sevage.
D. Sewer vells unlawful. It shall be unlawful for any persons to drill,
construct, maintain, or operate a sewer well.
E. Leaching sumps: Depth. It shall be unlac~ful to construct, maintain.
or operate as part of a private sewage disposal system a leaching sump exceed-
ing aix (6') feet in depth except vith the apecific approval and in accordance
with the requirements established by the San Francisco Bay Regional Water
Quality Control Board.
F. Pum in . ~
(1) Required. All private disposal systems shall be pumped, for
main[enance purposes, at least once every three (3) years.
(2) Licenses to pump required. No pezson shall undertake or con-
duct any pumping operation whatever within the City without having in his
possesaion a valid license issued by the County Health Officer.
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(3) Licenses to pump: Fees. The licensee shall pay, in advance, to
the County Health Officer a license fee of Twenty-five and no/100[hs
($25.00) Dollars.
(4) Licenaes to ouAp: Tezme: Renewal. Each license iaeued shall be
valid for a period of one year only but may be reneved for addi-
tioaal one-year periode upon the payment of the annual licenae
fee of 1t.renty-five and no/100tha ($25.00) Dollara and submiseion
of auch additional information as the County Health Officer may
require.
G. Ocmer's Responsibilitv. Each resident of a premiaes. or the owner, if
the premisea are vacant, havinR a sewage disposal system ahall inspect such
sewage disposal system at intervals not co exceed six (6) months to datermine
the operating condition, perform the necessary maintenance, and turn the diveraion
valve.
x, New Conetruction: Sentic tank permits. It shall be unlawful for any
person to construct, build, or rebuild any reaidence, place of residence, or
other building or place where peraons congregate, reside, or are employed which
is not to be connected to an approved public sanitary aewer without first sub-
mi[ting plans of the means of sewage disposal to the Health Officer and ob[ain-
ing a permit therefor.
(1) Applicationa. The application for such permit shall iaclude a
plot plan of the premises showing the overall topography and
surface drainage direction; the epecific location of the septic
tank and diversion valve; grade elevationa of structures and the
leaching field, giving all dimenaiona; and such other pertinent
information as the Health Officer may require. The Health Officer
may require that the applica[ion be prepared by a registezed
Civil Engineer.
(2) Issuance. If the application is prepared and [he work propoaed
is in conformance with the requirementa of thia chapter and City
Standards in effect at the time of isauance, the Health Officer
ahall iseue the aeptic tank system peYmit. The permit, as isaued
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 syste~ has not been completed within the one-
year period after the date of isauance, the permit shall become
null and void, and a new application shall be filed. Said permit
ia not tranaferrable. If it is determined by the Health Officer
• that the parcel of land set forth in the application does not
conform to che requirements of this chapter or the City Standards
adopted and in effect at the time of the filing of che application
the Health Officer shall nat issue the permit.
I. Alteration: Sectic Tank Permits. It shall be unlawful for any pezson
to alter, expand, or otherwiae modify an existing sewage disposal swstem without
first submiteing plans of the proposed Work to the Health Officer and obtaining
a permit therefor.
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(1) Applications. The application ior such perait shall include
a ploc plan of the premises showing the overall copography and surface direc[ion;
a description of tlie existing system; details o[ the proposed alterations or
modificucions, shoving all dimensions; and such other per[inent information as
the Nealth Officer may require. The Aealth Officer may require the prepuration
of such application by a registered Civil Engineer.
(2} Isauance. If the application is prepared and the work proposed
is in conformance with the requiremeats of this chapter and the City Standards,
the Health Officer ahall isaue the septic tank permit.
J. Plana: Review: Inspections. The Health Officer shall review all
plans for proposed sevage diaposal installations and all plans for propoaed
alterationa. improvementa, or expansion of eacisting sewage disposal inatalla-
tions and ahall make all necessary site inapectiona to determine conformance
with minim~ City Stnndarda.
After the issuance of a permit by the Health Officer, he ahall conduct
such inapections on the premises as are necessary to asaure the carrying out
of the proposed construction in accordance with the plans.
K. Fees: Inepectiona.
(1) Feea. Every applicant ahall pay to the Health Officer. at the
time of permit ieauance, a fee of lwenty-five Dollars (S25.00) for each aewage
dispoeal system and a fee of Fifteen Dollars ($15.00) for each permit to repair,
alter, or expand an exiating system. A fee of Seventy-five Dollara ($75.00)
will be paid for every four (4) or portion thereof soil percolatian teat holes.
L. FailinR: Repairs required. Owers or residents on premises with
existing private sevage disposal spstems vhich are failing or where failure
appeare lmninent shall repair, modify, and/or expand such system upon the order
of the Health Officer. The modification and/or expanaion ehall be auch that vill
bring about correction of the failure or the ia~inent failure.
M. Failure: Connection reCUired. Upon the complete failure of a private
sewage diaposal syetem, the Health Officer shall require the connectiort of said
private system to a public sanitary aewer.
15.20.060 Bi-Annual Renewal of Permit Required: In order to prevent pollution
or contamination of vater sources or creation of public health nuisances. and co
ensure long-term maintenance, = bi-annual inspection of private sewage disposal
systems hereinafter inatalled is required. Said inspection shall be accomplished
as a part of a bi-annual reneval of all aeptic tank permits hereafter isaued.
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 aeptic tank is located informing the ovner that [he permit is sub-
ject to reneval. Upon application for reneval by the property owner, an
inspection of che facility ahall be made by the City to determine the operat-
ing condition of the facility. Upon approval of the person inapectinR the
facility, the permit s}~all be renewed for an additional year.
B. Fee. A fee for the cost of inspecting che private sewage dieposal
systea and issuance of the annual permit therefor shall be establiahed on an
annual basis by the City Council.
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15.20.070 Liability. The provisions of this chapter shull not be con-
strued as impoaing upon the City any liability or responsibility for damagea
resulting from the defective conatruction of any sewage dieposal system, nor
shall the City, or any official or employee thereof, be held as asauming any
such liability or reaponsibility by reason of the inapectione authorized by
the provisions of this chapter.
15.20.080 Enforcement. It shall be the duty of the Health 0£ficer to
enEorce the provisions of this chapter, and in the performance of this duty,
the Health Officer, or any duly authorized aqent of the Health Officer is here-
by authorized to enter at any reasonable hour anq premisea as may be neceaeary
' in the enforcement of the proviaians of this chapter and to make investigations,
including the taking of samples and conductinQ of dye tests.
15.20.090 Violationa. Any person vlolating or refusing or failing to
comply vith any of the proviaione of this chapter shall be deemed guilty of
an infraction and, upon conviction thereof, shall be punishable as set forth
in Chapter 1.12 of the Municipal ('ode.
15.20.200 Appeala to the Citv Council. Any person diasatiafied with
the action or ~udgment of the Health Officer may appeal to the City Council
at any time within ten (10) calendar days after receipt of vritten notice
thereof by ordinary mail. Upon receipt of an appeal, the City Clerk ahall
schedule a hearing before the City Council within thirty (30) days after
receipt of said appeal. The Council may by reaolution affirm, reverse or
modify in whole or in part the decisiona of the Health ~fficer.
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, auch decision shall not affect
the validity of the reaisining portions of this Ordinance which shall remain
in full force and effect.
INTRODUCED at a regular meetinq of the City Council of the City of
Cupertino this day of Januarv • 1974, and ENACTED at a regular
meeting of the C1ty Council of the City of Cupertino this 7th day of February,
1979, by the following vote:
Pote Members of the City Council
AYF.S: Jackaon, :feyers, 0'Keefe, Frolich
NOF.S: None
ABSE*IT: None
ABSTAIN: Nellis
ATTEST: APPROVED:
! ~ ~~i~'o c
City Clerk, Dep y .ayor, City of Cupertino
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~ of Cupertiao Ordinaace No. 3 2
I harsby cestify that ths Citq af a~id Otdinance which has
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shad orsPost daPu=suant totlav y
baaa p
Wm. E. ttYde ~
Ci,ty Clerk
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