Sec. 30-1.6. Sanitary sewer lateral inspection and repair requirements.
a.The City Manager, or his/her designee, shall establish standards and specifications for the condition, maintenance, and repair of sanitary sewer laterals and will prepare a sanitary sewer lateral inspection form in accordance with these standards and specifications.
b. Notice to Repair.Upon receipt of the sanitary sewer lateral inspection form, if the City Manager, or his/her designee, determines that it indicates any deficiencies in the operation of the sanitary sewer lateral, the City Manager, or his/her designee, shall provide the determination and issue a notice to repair within 30 business days after receipt of the sanitary sewer lateral inspection form. The notice to repair shall specifically identify the deficiencies to be corrected and shall establish a deadline of 30 days within which the property owner shall complete the required corrective actions. The corrective action may include a requirement that the lateral be replaced altogether and also may include the installation of cleanouts and backwater valves if those devices are otherwise required by the City or the current and adopted version of the California Plumbing Code.
c. Obligations of the Property Owner.The property owner shall complete all corrective action to the satisfaction of the City Manager, or his/her designee, and, if a city permit is required for the repairs, the property owner shall obtain the requisite city permit and a final permit inspection and approval of the relevant inspector.
1.A replaced or repaired lateral shall not be covered or backfilled until it has been inspected by a representative of the City.
2.All repaired or replaced sanitary sewer laterals shall be brought into compliance with the requirements of the current edition of the California Plumbing Code and the Monterey City Code.
d. Appeals.Any property owner who receives a notice to repair may request an administrative hearing before the Appeals Hearing Board by filing a written notice of appeal with the City Attorney’s Office no later than 10 days after issuance of the notice to repair.
1.Upon receiving a written request for hearing, the Board shall set a time and place for the hearing not less than 10 days nor more than 60 days thereafter. The property owner shall be notified of the hearing by means of registered mail, certified mail, or hand delivery at least five days before the hearing date.
2.All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The City shall have the burden of proof by a preponderance of the evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. In the event that the property owner fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the notice to repair shall be considered conclusively established.
3.Within 30 days of the hearing, the Board shall issue a written decision specifying the reasons for the decision, which shall be delivered by means of registered mail, certified mail, or hand delivery to the property owner. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
e. Failure to Repair.Should a property owner fail to submit a sanitary sewer lateral inspection form or take required corrective action within the time required by this chapter, the City may pursue any administrative, civil, or criminal remedies available and/or commence nuisance abatement proceedings.
f. Public Nuisance.Whenever the City Manager, or his/her designee, believes a public nuisance exists as a result of inadequate, improper or negligent operation or maintenance of any sanitary sewer lateral or appurtenance thereto which may endanger public health and safety, the City may commence abatement proceedings pursuant to Chapter 22, Article 4 of this code, including, but not limited to, recovery of the costs of abatement. (Ord. 3579 § 2, 2018)