Ord 2011-83r
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RESOLUTION NO. 2011 -799
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 83 ADDING SECTION
6.02.050, SECTION 6:02.060, SECTION 6.02.070, SECTION
6.02.080, SECTION 6.02.090, AND CHAPTER 6.09 DAMAGE
TO DISTRICT PROPERTY HAS OCCURRED
WHEREAS, the Board of Directors on May 26, 2011 adopted Ordinance No. 83
Adding Section 6.02.050, Section 6.02,060, Section 6.02.070, Section' 6.02.080, Section
6.02.090 and Chapter 6.09 to the District's Operations Code has been published;
WHEREAS, that Ordinance was published in the Newport Beach /Costa Mesa
Daily Pilot on June 3, 2011, and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the
Board that publication has occurred is conclusive evidence that publication has properly
been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 83
Amending the District's Operations Code Providing for the Abatement of Conditions
Caused by Improperly Maintained Laterals or Dumping Debris in District's System has
occurred.
PASSED and ADOPTED on this 23rd day of June 2011.
Secretary, Costa Mesa St tary District
Board of Dire rs
Q
President, Costa Mesa Sanitary District
Board of Di.retiors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Resolution No. 2011 -799 duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the 23rd day of June 2011.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this,2� day of 2011.
Clerk of th osta Mesa Sanitary District
ORDINANCE NO. 83
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT PROVIDING FOR. THE
ABATEMENT OF CONDITIONS CAUSED BY IMPROPERLY
MAINTAINED LATERALS OR DUMPING DEBRIS IN
DISTRICT'S SYSTEM
WHEREAS, the District is authorized to adopt regulations related to its sewer
system and connections thereto; and
WHEREAS, the District is subject to an Order of the State Water Resources
Control Board, which requires that the District have a sewer system management plan
to prevent sewer system overflows that might pollute state and federal waters and the
Pacific Ocean; and
WHEREAS, the District has previously adopted an ordinance prohibiting grease
accumulation in food service establishments and which required grease interceptors,
other devices and diligent maintenance so that sewer system overflows do not occur;
and
WHEREAS, the District is also concerned about sewer system overflows from
other lateral conditions, including, but not limited to, root intrusion; and
WHEREAS, the District has already mandated that property owners are
responsible for the maintenance of their laterals; and
WHEREAS, the Board does hereby determine that the costs of abatement of
sewer spills and other occurrences requiring a District abatement response because of
a failure to maintain a sewer lateral should be borne by the property owner;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 6.02.050 is hereby added to the Costa Mesa Sanitary District
Operations Code to read:
"Section 6.02.050. Prohibition. Every owner, tenant and persons using
property shall have a legal duty not to cause, permit or allow roots or other conditions to
exist in sewer laterals so that sewage spills or damage to District lines occur."
Section 2. That Section 6.02.060 is hereby added to the Costa Mesa Sanitary District
Operations Code to read:
"Section 6.02.060. Abatement. Provided District can prove that a person, firm
or corporation caused or allowed, by failure to take effective maintenance measures,
roots or other conditions to occur in the sewer lateral so that a District line or
appurtenance is damaged or so that a sewer overflow occurs, District may charge the
responsible person for that damage and for the abatement costs of any response
necessary. District shall first provide the ostensibly responsible person with a copy of
the evidence that forms the basis of the proof, a copy of the District Engineer's tentative
conclusions about the condition of the sewer lateral and any causes for that condition,
and a copy of this Chapter. Said responsible person shall have an appropriate amount
of time to respond to said charges in a hearing in which due process will be provided.
Generally, at least ten days notice of the hearing shall be given. If possible, the
responsible person shall be given notice at the time of the sewer overflow or damage if
the person is believed to be the cause at that time. The responsible person shall also
be provided with a copy of the charges incurred to date before the hearing, if those are
available."
Section 3. That Section 6.02.070 is hereby added to the Costa Mesa Sanitary District
Operations Code to read:
"Section 6.02.070. Reconstruction. In cases in which a property is a source of
sewer spills on more than one occasion, such that recurrence is likely, or in cases in
which there is an imminent danger of future sewer spills, the Board may order that a
responsible person reconstruct the sewer lateral or other appropriate device to protect
the District's system or to protect against sewer system overflows that would be a
violation of federal, state or local law. Said order shall not be made unless the property
owner and other appropriate persons have been given notice of the proposed action
and an opportunity to address the Board of Directors regarding the proposed action.
Any order to reconstruct shall contain a finding that the action was necessary to protect
the public health, safety and welfare, which are threatened by future sewer spills that
are otherwise likely.
Section 4. That Section 6.02.080 is hereby added to the Costa Mesa Sanitary District
Operations Code to read`
"Section 6.02.080. Termination of Service. The District shall also have the
right, in addition to any other rights that it may have, to terminate the property from
District's service. Before such termination shall occur, District shall provide the due
process required by Health and Safety Code Section 6523.2."
Section 5. That Section 6.02.090 is hereby added to the Costa Mesa Sanitary District
Operations Code to read:
"Section 6.02.090. Violations. Any person violating any provisions of this
Chapter, including failing to take corrective action after being provided with a hearing
thereon, shall be guilty of a misdemeanor and punished as provided in Section 1.02.010
of this Code."
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Section 6. That Chapter 6.09 is hereby added to the Costa Mesa Sanitary District
Operations Code to read:
"Chapter 6.09
Damage to District Property
Section 6.09.010. Damage to District Propert y. No person shall damage
District property, including, but not limited to, sewer lines and appurtenances.
Section 6.09.020. Liability for Damage. Every person who damages District
property by intentional or negligent act shall be liable to the District for the costs thereof.
"Damage" shall include, but not be limited to, dumping debris into the District's sewer
system and the costs to remove said debris and to restore District's system. Such
liability shall also include, but not be limited to, liability for failure to maintain property or
by actions taken which cause a sewer spill or sewer backup or other occurrence that
requires a District response. Responsible persons shall be liable for response costs
related to such damage, whether by District personnel or by District's independent
contractors.
Section 6.09.030. Liability for Abatement/Repair Costs. Persons responsible
for causing damage or conditions requiring abatement or repair costs shall be liable to
the District for the full costs thereof.
Section 6.09.040. Penalty. It shall be unlawful for any person to intentionally or
negligently damage District property or dump unauthorized materials into District's
sewage system."
Section 7. Any person, firm or corporation violating the provisions of this ordinance
shall be guilty of a misdemeanor and punishable as provided in Chapter 1.02 of the
District's Operations code.
Section 8. Should any part, clause or section of this ordinance be declared by any court
of competent jurisdiction to be invalid, the remaining provisions of this ordinance shall
nevertheless be and remain in full force and effect and the Board of Directors of the Costa
Mesa Sanitary District of Orange County, California, hereby declares that each and every
section, clause, provision or part of this ordinance would have been adopted and made a
part of this ordinance without the adoption of any portion thereof and that the invalidity of
any part or provision hereof shall not in any way affect the validity or enforcement of the
remaining provisions of this ordinance that may stand on their own.
Section 9. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the District
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law.
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PASSEQ and ADOPTED this day of �� , 2011.
Secretary,
APPROVED AS TO FORM
�j e- ��
DISTRICT COUNSEL
n
President
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa. Mesa Sanitary District, hereby certify that the above
and foregoing Ordinance No. 83 was duly and regularly passed and adopted by said Board of
Directors at a regular meeting thereof, held on the 26t`' day of May 2011 by the following vote:
AYES: Robert Ooten, James Ferryman, Mike Scheafer, James Fitzpatrick,
Art Perry
NOES:
.ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 26th day of May 2011.
Clerk f the Costa Mesa Sanitary District
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