Ord 1971-08�h
A
ORDINANCE NO. 8
AN ORDINANCE OF THE COSTA MESA SANITARY
DISTRICT RELATING TO MAINTENANCE OF CERTAIN
FACILITIES AND ESTABLISHING RESPONSIBILITY
THEREFOR.
THE BOARD OF DIRECIORS OF COSTA MESA SANITARY DISTRICT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The Costa Mesa Sanitary District Board of Directors finds
and declares that legislation is necessary to define the responsibility of
the District and the owner of the property for the maintenance of sewer
laterals or house connections.
The Board further finds and declares that certain practices of service
businesses undertaking to maintain sewer laterals on behalf of the property
owner have fallen short of the quality and standard necessary to maintain
the entire system in an operating condition for the benefit of the health,
safety, and welfare of the commanity.
The Board further finds and declares that any clean-out system, process
or practice which terminates at the owner's property line and does not
continue to the sewer main in the street or right-of-way, falls short of
acceptable standards of maintenarice necessary to preserve and maintain the
entire District system for the community it serves.
Accordingly, the following requirements are adopted by this Board to
accomplish the safeguards necessary to insure the continued high quality of
service expected and required of the District.
SECTION 2.
1. Definitions:
o (a) "Lateral" A sewer lateral is that entire underground
pipe connection between the sewer main and the
structural improvements on private property and shall
include both the portion on private property and the
portion in the public or District right -of- -way.
(b) "Main" A sewer main is the underground pipe structure
in the public or District right-of-way which acts as a
gathering system for multiple sewer laterals.
(c) "Service Business" A service business is any person,
firm, or corporation engaged in the business or
occupation of servicing sewer laterals by mechanical or
chemical means or the excavation and removal or repair
of underground pipe for the principal purpose of
removing obstructions therefrom.
(d) "Governmental Agency' A governmental agency as used
in this ordinance shall mean any one or more of the
following: City of Costa Mesa, City of Newport Beach,
County of Orange, and Costa Mesa Sanitary District.
(e) "Licensed Contractor" A licensed contractor as used
in this ordinance shall mean a contractor holding a valid
current license issued by and through the Department of
Professional and Vocational Standards, Contractor's State
License Board for the State of California in the
appropriate classification to perform the services pro-
vided for in this ordinance.
2. Maintenance of Sewer Laterals:
All sewer laterals and appurtenances thereto existing or
hereafter constructed, shall be maintained by the owner of the
property served in a safe, sanitary, unobstructed condition, and
all devices or safeguards which are appurtenant to and
necessary for the operation thereof shall be maintained in
good working order.
3. Service Business Requirements
Any service business undertaking to perform work on behalf
of any property owner on any sewer lateral shall service
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4y
said lateral in its entirety from sewer main to structural improvement
on private property in a careful and prudent manner taking care not to
damage the main or other facility.
4. Right -of -way Excavation:
Any maintenance necessary which requires excavation in public or district
right -of -way shall be performed only by a licensed contractor and then
only after appropriate permits have been obtained from the Costa Mesa
Sanitary District and from all other governmental agencies having
jurisdiction over said right-of-way. All backfill, ccopaction and
resurfacing shall be done in accordance with established district
ordinance requirements.
5. Bond;
District may require servicing business to post an annual performance
bond in a principal amount to be determined by District Engineer prior
to the granting of any permit to excavate in any public or District
right -of -way.
6.1 Penalty:
Any violation of this ordinance shall be deemed a misdemeanor and
punishable as provided for by law.
SECTION 3. Publication.
The Secretary of the District shall certify to the passage of this Ordinance
and shall.cause the same to be published once in the Orange Coast Daily Pilot, a
newspaper of general circulation, printed and published and circulated in the
Costa Mesa Sanitary District, Orange County, California, and seven (7) days from
and after its publication it shall be in full force and effect.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District, at a regular meeting held on the�j,_� day of Febru , 1971.
President
ATTEST:
KERM PIMA
SECRETARY
BY
Assistant Secretary
- 3 -
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, JANE ANGEL, Assistant Secretary of the Board of
Directors of the Costa Mesa Sanitary District of Orange County,
California, DO HEREBY CERTIFY that the foregoing Ordinance, being
Ordinance No. 8, was duly passed, approved, and adopted as an urgency
Ordinance by said Board, approved and signed by the President of
said.Board, and attested by the Secretary of said Board, all at a
regular meeting of said Board held on the 3rd day of February, 1971,
and that same was passed and adopted by the following roll call
vote:
AYES: Directors - Rima, Glockner, and Porter
NOES: Directors - None
ABSENT: Directors - Briggs and Warren
DATED, this 4th day of February, 1971.
/'JANE ANGEL
�/COSTA ASSISTANT SECRETARY
MESA SANITARY DISTRICT