Ord 2007-61ORDINANCE NO. 61
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT MODIFYING
ITS PROHIBITION ON EXISTING SINGLE - FAMILY
DWELLINGS BEING CONNECTED TO A SINGLE
SEWER LATERAL
WHEREAS, the District is under an order of the State Water Resources Control
Board's Statewide General Waste Discharge Requirements for Sanitary Sewer
Systems, Water Quality Order No. 2006 -0003; and
WHEREAS, part of said Order requires that the District prevent Sanitary Sewer
Overflows (SSOs) and enact legal authority to enforce the District's laws regarding the
same; and
WHEREAS, District has enacted regulations requiring private property to connect
to the District's sewer; and
WHEREAS, sewer laterals are the private property owner's responsibility; and
WHEREAS, the District has banned multiple single - family dwellings other than in
a common development from being connected to a single lateral and requires such
properties to convert to single laterals or create an association, such as a homeowners
association, that will provide assurances that the lateral will be maintained; and
WHEREAS, the Board of Directors desires to modify its ordinance, to provide
additional exceptions allowing multiple single - family dwellings to be connected to a
single lateral if certain conditions are met that will protect the public health, safety and
welfare;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 7.01.045 of the Costa Mesa Sanitary District Operations Code
is hereby amended to read:
"7.01.045. Multiple Single Family Dwellings on a Single Lateral- Prohibited.
Multiple single - family dwellings shall not be connected to a single sewer lateral but shall
each have their own lateral unless one of the following criteria is met:
(a) When those dwellings are part of a common interest development which
has conditions, covenants and restrictions (CC &Rs) establishing a homeowner's
association and where such CC &Rs impose the burden of maintaining the lateral on the
association and such CC &Rs also meet the approval of the District.
(b) For preexisting single - family homes connected to a single sewer lateral
before the District enacted its laws requiring a separate lateral to serve each single -
family residence, provided those residences do not undergo a major enlargement or
remodel and provided no sewer spills have occurred from said residence.
(c) For preexisting single - family homes connected to a single sewer lateral
before the District enacted its laws requiring a single sewer lateral, that undergoes a
major enlargement or remodel, provided that the owners comply with the District's
televised sewer lateral program, as described in Chapter 7.04.
(d) For purposes of this section, a "major enlargement or remodel" shall occur
when the costs of said remodel exceeds $50,000 or adds in excess of 300 square feet.
(e) Other than as provided above, no person shall connect, permit, maintain
or cause to be connected or maintained, more than one single - family dwelling on a
single sewer lateral. Each person connecting, maintaining or permitting a single - family
dwelling to be connected in violation of this section shall be guilty of a misdemeanor and
punishable as provided in Chapter 5-94 of this code."
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Section 2. 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 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the 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.
PASSED and ADOPTED this 1301 day of 4AJ� 2007.
Sei--retary
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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. 61, was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 13th day of September
2007, by the following vote:
AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman,
Gary Monahan
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 13th day of September 2007.
Clerk of the Costa Mesa. Sanitary District
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