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Ordinance 1776 ORDINANCE NO. 1776 AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING TITLE 15 OF THE CUPERTINO MUNICIPAL CODE FOR THE PURPOSE OF CONFORMING THE PROVISIONS OF THE CODE TO THE REQUIREMENTS OF STATE AND FEDERAL LAW, CONFORMING THE PROVISIONS OF THE CODE TO BE CONSISTENT WITH PRESENT CITY PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE PROVISIONS, CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND CONSOLIDATING AND STREAMLINING VARIOUS PROVISIONS. THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN AND ENACT THE FOLLOWING: Chapter 15.04 is hereby repealed and replaced with the following: Chapter 15,04 Waterworks System - Rates and Charges Sections: 15,04,010 15.04,020 15,04,030 15,04,040 15,04,050 Definitions Rates and Charges - General Provisions Procedure for Establishing or Modifying Rates and Charges Exceptions Appeals 15,04,010 Definitions The following terms when used in this chapter have the following respective meanings: A. "City" means the City of Cupertino. B. "Customer" means any person, firm, company, corporation, partnership, association, the city, any public corporation, political subdivision, city, county, district, the state of California or the United States of America, or any department or agency of any thereof, who uses water furnished by the water system. C. "Council" means the City Council of the City. D. "Lease" means that certain lease entered into on October 1, 1997 between the City and San Jose Water company, a California corporation whereby the City water system was leased for a period of twenty-five years. E. "Water" means water furnished through the water system. F. "Water facilities" means existing water system equipment and appurtenances. G. "Water provider" means the San Jose Water Company. H. "Water service" means the services, facilities and water furnished or available to premises by the water system. I. "Water system" means the enterprise system for the supply, treatment, storage, transmission and distribution of water, including lines, easements, reservoirs, water rights, water tanks, water mains, wells, pumps, pumping equipment, storage, treatment, transmission and distribution facilities, and other works, properties or structures necessary or convenient as more specifically described in Exhibit B attached to the lease. J. "Service area" means the territory serviced by the water system as described in the lease. 15,04,020 Rates and Charges - General Provisions A. All rates and charges imposed by the water provider upon customers of the water system for water services shall be approved by the City Council, which approval shall not be unreasonably withheld. Any disapproval of rates and charges proposed by the water provider shall state the reason therefor. B. In determining reasonable rates and charges, the Council shall consider all relevant information, including the California Public Utilities Commission approved rates in similar, nearby municipalities. 15,04.030 Procedure for Establishing or Modifying Rates and Charges A. Upon written request of the water provider or upon the City's own request, the city clerk shall set a public hearing before the City Council to be held within 60 days of said request for the purpose of establishing rates and charges or modifying rates and charges. Said request must be acted upon by the City Council within said 60 day period, unless water provider agrees in writing to an extension of said period. B. Notice of said public hearing shall be published, at water provider's sole cost, pursuant to Govemment Code Section 6066. C. In addition, the water provider shall provide mailed notice of such public hearing to all customers at least 14 days prior to the hearing. Said mailed notice may be included in the same mailing as the water provider's billing notices. 15,04,040 Exceptions A. Notwithstanding the foregoing, and without adhering to the procedure described in Section 15.04.030, the water provider may, upon written notice to the City, pass through to customers in the water service area, in a manner substantially similar to that permitted by the California Public Utilities Commission, any increase or decrease in the cost of water or power (to the extent not already reflected in rates), as well as any new city-imposed fees, charges, taxes, license or permit fees, so long as the water provider promptly passes through in a manner substantially similar to that provided by the California Public Utilities Commission any decreases in water or power costs. The water provider shall, at city's request, provide city with all information which documents any modifications in the costs of water and power. B. Water provider may, without adhering to the procedure described in section 15.04.030 impose conservation or rationing penalties on those customers exceeding their allocations in the event of mandatory water rationing involving penalties imposed by the Santa Clara Valley Water District. C. Without adhering to the procedures described in section 15.04.030, the water provider may forthwith reduce any rate, charge, surcharge, or penalty. 15.04,050 Appeals Any customer shall have the right to appeal the imposition of any water rate, charge, surcharge, or penalty by the water provider on him or her at any time within 30 days from the date that a final determination of said rate; charge, surcharge, or penalty is made in writing by the water provider. Any such appeal shall be filed in writing with the City Clerk specifying the specific grounds for the appeal. The City Clerk shall, within 10 days thereafter, set the appeal on the City Council agenda for hearing and consideration. Notice of said hearing shall be provided to both the appellant and the water provider at least 10 days prior to the hearing. Said notice shall be provided by first class mail, postage pre-paid. The City Council, after hearing on the appeal, may reverse, sustain, or modify the final determination of the water provider. Chapter 15,08 is hereby repealed, Chapter 15,12 is hereby repealed. Chapter 15,20 is hereby repealed and replaced with the following: Chapter 15,20 Sections: 15,20,010 15,20,020 15,20,030 15,20,040 15,20,050 15,20,060 15.20,070 15,20,080 15.20.090 15,20,100 15,20,110 15,20,120 15,20,130 15,20,140 15,20,150 15,20.160 Sewage Disposal Systems Purpose and Applicability Definitions Public sanitary sewer required - Exceptions Private sewage disposal systems Soil tests New construction - Permit required Alteration - Permit required Septic tank permits State contractor's license required Refusal to issue building permit Construction inspections Sewer wells, cesspools, seepage pits unlawful Failing sewage disposal systems Abandoned sewage disposal systems Recording notice of violation Liability 15,20,170 15,20,180 15,20.190 Enforcement Violations Appeals 15.20.010 Purpose and Applicability This chapter is enacted to establish standards for the approval, installation, and operation of individual on-site sewage disposal systems consistent with the standards of the California Regional Water Quality Board as set out by the Santa Clara County Environmental Health Services and adopted by the Cupertino City Council. Such standards are adopted so as to preclude the creation of health hazards and nuisance conditions and to protect surface and groundwater quality. This chapter shall apply to all territory 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" means the Director of the County Department of Environmental Health, his assistants, or authorized deputies acting as Health Officers of the City of Cupertino. B. "Sanitary waste" means and includes, but is not limited to, the discharge from toilets, bathtubs, lavatories, dishwashers, washing machines, and any and all other plumbing fixtures connected to the building plumbing system. C. "Sewage System Standards" means those standards relating to tests and studies, individual sewage disposal system design, construction, and/or maintenance as set out by the Santa Clara County Environmental Health Services to be enforced by the Health Officer and have been adopted by resolution of the Cupertino City 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 exception set forth in subsection A of this section, 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 provided 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 Private Sewage Disposal Systems Every residence, place of business, or other building or place where persons congregate, reside, or are employed that is located in an area designated in the adopted General Plan as not requiring public sanitary sewers shall be provided with a water flush toilet system; the water flush toilet system shall be connected to a private on-site sewage disposal system built or rebuilt, constructed, altered, reconstructed, or maintained in such a manner as to meet all requirements of the Sewage System Standards as defined in section IS.20.020C of this chapter. 15,20,050 Soil Tests The Health Officer shall require soil percolation tests and at least one boring or excavation per site. The Health Officer may require additional tests and studies as he/she deems necessary to establish the suitability of the site for on-site sewage disposal. 15,20,060 New Construction - Permit required It is unlawful for any person to construct, build or rebuild any residence or other building or place where people congregate, reside, or are employed which is not to be connected to an approved public sanitary sewer without first submitting plans of the means of sewage disposal to the Health Officer and obtaining a permit therefor. 15,20,070 Alteration - Permit required It is 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. 15,20,080 Septic tank permits A. Application: The application for an on-site sewage disposal system shall include plans including a contoured plot plan to a minimum scale of one inch (1") to twenty feet (20'). The plans shall comply with and contain all information required by the Sewage System Standards and any additional information the Health Officer may require. Any changes in the plans after the issuance of a permit may invalidate the permit unless the changes are first approved by the Health Officer. B. Fees: Permit fees for sewage disposal systems subject to this chapter and all related fees shall be in an amount as determined by the County, from time to time, and adopted by the City Council. 15,20,090 State contractor's license required No person shall install, construct, alter, enlarge, reconstruct, replace, improve, recondition, or repair a private sewage system without having first having obtained a state contractor's license pursuant to the Sewage System Standards. 15,20,100 Refusal to issue building permit No building permit or certificate of occupancy shall be issued by the City for any building to be used as a residence, place of business, or place where people congregate, reside or are employed, that is not to be connected to an approved sanitary sewer unless the applicant has received written approval of the Health Officer for an on-site sewage disposal system. 15.20,110 Construction inspections Inspections of new installations shall be made to ensure compliance with the Sewage System Standards. All inspections shall be made by the Health Officer in accordance with the Sewage System Standards. Noncompliance will cause a stop work order to be posted on the job site by the Health Officer. Clearance from the Health Officer must be obtained before further work is done on a posted system. 15,20.120 Sewer wells, cesspools, seepage pits unlawful All sewer wells, cesspools, seepage pits, and similar excavations are hereby declared to be a public nuisance and are prohibited. 15,20,130 Failing sewage disposal systems In case of failure, malfunction or breakdown of a private sewage disposal system, if not corrected within the time designated by the Health Officer, the Health Officer may order or cause corrections to be made. The property owner will be responsible for the costs of correction. The Health Officer may also order vacation of the premises pursuant to the Sewage System Standards. 15,20,140 Abandoned sewage disposal systems Every private sewage disposal system which has been abandoned or has been discontinued from further use or to which no waste discharge pipe ITom a plumbing fixture is connected shall treated in accordance with the Sewage System Standards. 15,20,150 Recording notice of violation The Health Officer may record a notice of existence of a substandard sewage disposal system violation in the office of the county recorder, and shall notify the owner of the affected real property, and any other known party responsible for the violation that such action has been taken. 15,20,160 Liability The provisions of this chapter shall not be construed 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. 15.20.170 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 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 dye tests. 15,20,180 Violations Any person violating or refusing or failing to comply with any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12 of this code. 15,20.190 Appeals Any appeal of the decision of the Health Officer pursuant to this chapter shall be made in writing to the Regional Water Quality Control Board having jurisdiction within fifteen days after any such decision is received by the applicant. A copy of such appeal shall also be filed with the Health Officer. The appeal shall specifically describe the grounds upon which it is taken. The decision issued by the Regional Water Quality Control Board shall be final. Chapter 15,30 is hereby repealed, Section 15,32,020D is hereby amended to read as follows: D. Company. "Water provider" means the California Water Service and/or the San Jose Water Section 15,32,060 is hereby amended to read as follows: Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 1 st day of December, 1997, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 5th day of January, 1991' by the following vote: Vote Members Qfthe Q1y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: ~~ City Clerk.