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HomeMy WebLinkAbout699BY~ .~ COUNTY ORDINANCE N0, 699 AN ORDINANCE AME1+ffiNG BUTTE COUNTY ORDINANCE N0. 525 APID PROVI~XBiG FOR THE SAI~TARY I7lSPOSAZ OF SEWAGE IN THE UM NCORPORATED AREAS OF THE COUNTY OF BLU.'TE STATE OF CALIFORNIA _ THE BOARD OF SUPERVISORS OF THE COUN17 OF BUTTE, STATE OF CALZFORNCA, do ordain as follows: That Butte County Ordinance No. 525 and Section 109 of Butte County Ordinance No. 6}~7, known as the "County Code," are each hereby amended to read as follows: SECTION l: Defim.tions. A. "Sewage." As used in this ordinance, the word sewage shall. include arm and all waste substance, liquid or solid, associated with human habitation, or which contains or may be contam3_natad with human or animal excreta or excrement, offal ox any feculant matter. B. "P~rson." As used in this ordinance, the ward person shall mean any person, persons, form or corparation. C. "Building." As used in this ordinance, the word building shall mean aray resi- dence, place of business, or other building where parsons reside, congregate, or are employed, and which is not to be connected to a public or com~aunity sanitary sewer system. D, "Sewage Disposal System.' As used in this ordinance, the words sewage disposal r system shall include privy, chemical toilet, cesspool, septic tank, drainfield, seepage pit, and any other structure or System used for the treatment, discharge, or disposal of sewage. SECTION 2: Area of Application, This ordinance shall app]y to all unincorporated territory within the County of Butte, State of Ca]ifornia; provided, however, that the Health Officer may waive the permit and inspection requirements contained herein with respect to buildings con- structed on a lot or parcel of land under one ownership which is Five or more acres in area and used primarily for agricultural purposes, and which building is not closer than five hundred feet to the nearest neighboring building. SECTION 3: Occupied places to have adequate sewage disposal system. It sha11 be unlawful for any person to maintain, occupy or use any building not provided with a sewage disposal ,system which disposes of sewage in a sanitary manner. SECTION }~: Unlawful sewage disposal. It shall be unlawful for any person to construct, maintain or use any sewage disposal system which results in auy of the followings A. Sewage overflowing any lands whatever. $. Sewage emptying, flowing, seeping or draining into any stream, sprang, river, lake ar other waters within the County of Butte. ~ g Page 2 C. Sewage being accessible to rodents, insects, or humans; It is provided, however, that when sewage is treated snd disposed of in such a manner that it does not constitute a hazard to the public health or does not create a nuisance, and that adequate requirements for such disposal axe set by the Regional Water Pollution Control Board pursuant to Division 7, Department 1.4, Article 2, of the California State Water Code, the Health Officer may by special permit allow such variation from this section as will prevent unnecessary hardship or ir~,justice and at the same time most nearly accomp7.3.sh the general purpose and intent hereof. SECTION 5: Permits. A. No person shall begin or cause to have begun construction of any building, or any sewage disposal system without first submitting plans of the means of sewage disposal to the Health Officer and obtaining a permit therefor from the Health Officer. B. No person shall constauct an auxiliary sewage disposal system for a building presently served by a sewage disposal system without first submitting plans of the proposed means of sewage disposal to the Health Officer and obtaining a permit therefor from the Health Officer. G. No person shall extensively alter, repair, relocate, add to or replace any existing sewage disposal system without first securing a permit therefor from the Health Officer. SECTION 6: Permit fees. Every applicant for a permit shall pay a fee of five dollars ($5.00) at the time of issuance For each permit issued; provided, however, that no fee shall be charged for a permit to reconstruct, alter or repair an existing sewage disposal sgatem. If the foundation of ae~q building is laid or any building structure is erected or if construction of a;g auxiliary sewage disposal system for an existing building Mhall be begun prior to obtaining the required permit, the permit fee above spec- 9.fied shall be doubled, but shall not re3ieve an<y persons from fully canplying with the requirements of this ordinance, nor from any other penalties prescribed herein. SECTION 7: Inspection No person shall back-fi]3 or cover with earth, or put into use air sewage disposal system constructed under provisions of this ordinance until an inspeetirna. • Pace 3 of the sewage disposal system has been made by the Health Officer and a Certificate of Inspecticn has been issued by the Health Officer. Failure of the Health Officer to inspect any sewage disposal system within five (5) days after he has received a written request to inspect such system shall constitute a waiver by the Health Officer of said inspection and the Certificate of Inspection. SECTION 8: Septic tank system requirements. A. Septic tank shall be of two compartment construction and shall be of the size and type constructed in accordance with the recommendations of the County Health Officer. The septic tank and all inlets and outlets thereto shall be water-tight. (1) ,Size: The minimum liquid capacity of the septic tank shall be seven hundred and fifty (750) gallons. (2) Materials: The septic tank shall be constructed of concrete, heart grade redwood, or other equally durable material satisfactory to the County Health Officer. B. Drainage field: The effluent from the septic tank shall be discharged into an absorption field of the size and type constructed in accordance with the recommendations of the County Health Officer. The effluent lines shall be laid at a grade not to exceed Li." per 100, provided, however, that where topography is flat and the sail is porous and well drained, he may approve grades exceeding the above. Effluent lanes shall be installed in a trench not less than 18 inches wide on the bottom of which has been placed a b inch lager of 1/2 inch to 2 1/2 inch loose clean rock. Effluent lines shall be covered with a layer of 1/2 inch to 2 1/2 inch rock at least 2 inches thick. A minimum of 150 square feet of leaching area shall be provided in the trench bottom. when conditions are such that an absorption field cannot reasonably be expected to function, the Health Officer shall ells;; other means of underground effluent disposal, provided that such other means of disposal do not violate the lava of the State, or do not endanger the publi•^ health, or create a nuisance. With respect to the construction of an additional or auxi].:i.ary system .:ta serve an existing building presently served by an adequate septic tank system, the Health Officer may allow such lesser size "septic tank and drainage field i Page !i as will accomplish the general purpose and intent of this ordinance. SECTION 9: Location of systems. .Any sewage disposal system constructed under the provision of this ordinance shall be located in accordance with the recommendations of the County Health Of- ficer. The minimum distances allowed are: A. Minimum distance of septic tank and disposal field from: (1) Well - 50f (2) Property line - 5t (3) Building foundation - 5s B. Minimum distance of seepage pit from: (1) Well - 1001 (2) Property line - 5t (2} Building foundation - 5t It is provided however, that with respect to the repair or aliseration of exis- ting systems, the Health Officer may allow such lesser distances as will not create undue hardship and wi11 accomplish the general purpose and intent of this ordinance. SECTION 10: Lot size requirements. A. bccept as provided in sub-sections B and D hereof, no building used or intended for use as a single or multi-family residence in whole or part, shall hereafter be constructed, unless the following requirements, and each of them, are met: 1. The site for such building contains not less than 8,125 square feet; and 2. No more than one residential building shall be constructed an the site; provided, however, that a guest house not to exceed 200 square feet in area which is used in connection with asingle-family dwelling, and which contains no kitchen facilities, may be built and occupied on the site containing such single-family dwellings; and 3. The site actually to be utilized for such residential building (and guest house, if ar>y} is of sufficient area and dimensions to provide for the proper installation, maintenance and future expansion of a septic tank system of sufficient size and delign to serve such building {and guest hauae, if any), and to prevent the development of a nuisance or any hazard to public health. B. The provisions of sub-section A-i, relative to minimum building site, shall, not apply to a residential sate in ar~y case where such site was held under separate ownership, of record, on or before November 10, 1955, and where such site con- tained on or before such date, less than the minimum area requirement of 8,125 square feet; provided, however, that the remaining provisions of sub-section A s shall apply in any case. i ~i Page 5 C. Except as provided in Sub-section D hereof, no building used or intended for use solely for commercial purposes shall hereafter be constructed, unless the xollowing requirements, and each of them, are met: The site actually to be utilized for such building is sufficient in area and dimension to provide for the proper installation, maintenance and expansion of a septic tank system of sufficient size and design to serves such building, and to prevent the development of a nuisance or any hazard to public health. If more than one such commercial building is to be constructed, extended or expanded on ar~p` single site, then such sits shall be sufficient in area and dimension to provide for the proper installation, maintenance and expansion of a septic tank system of sufficient size and design to serve all such buildings, and to prevent the development of a nuisance or arty hazard to public health arising out of the use of any one or more of them. D, The provisions of Sub-sections A, Band C hereof shall not apply to any building which is to be connected prior to occupancy or use to a public sanitary sewer system or an approved community sanitary sewer system. E. As used in this section, the term "site" shall mean the plot, parcel or area of land which is used yr intended to be used by the owner thereof as an appurten- ance to the building or buildings thereon, including front Bard, side garde, and back yard, and all areas used or to be used for a septic system. SECfiION 11: Independent septic tank systems. Every residential building, either single family or mild-family, constructed under provisions of this ordinance, shall have a separate septic tank system where: A. Said building has frontage on any public or private road or alley, or B. Access to said building from alp public or private road or alley is ten (10) feet or more in width, It is ftarther provided that: ~ No bui.lda.ng constructed under provisions of this ordinance shall be connected to a septic tank system serving an existing building where said buildings are under different ownership. H. No buildings proposed to be constructed under separate ownership sha3.7. be con- nected to a common septic tank system. Page 6 SEC2'ION 12: Privies. No person shall construct, maintain or use any pit privy, if the privy or the building which the privy serves is (1) within two-hundred and fifty (250) feet of a public sanitary sewer or if a proper septic tank system will provide sanitary sewage disposal, and (2) if the privy or the building which the pr3.vy serves is within two-hundred and fifty {250) feet of an available water supply under pressure No person shall construct, maintain or use arty privy permitted by the pro- visions of this ordinance unless the following conditions are complied with: A. The sewage deposited therein shall fall into a vault or pit in the ground, con- structed especially For that purpose. B. The privy building and privy va~klt shall be at all times inaccessible to rodents and insects. C. The privy building and vault shall be constructed in such a manner as to prevent the entrance o.£ rain water and surface water into sale vault or pit. D. All privy buildings shall be maintained in a clean and sar~i.tary condition at all times. SECTION l3: Connection to sanitary sewer, A. Every building which is to be constructed or which is served by an existing sewage disposal system creating an unsanitary condition shall be connected to a public sani.tazy sewer with a separate connection for each building if all the following conditions exist: 1. The lot or parcel of land upon which said building is to be ar is located abuts a street or alley in which there is a pub7,ic sanitary sewer and said building is within two-hundred and fifty (250} feet of a public sanitary sewer. 2. Aright of way can be obtained. 3. The necessary gradient is present. !~. The owner of said building may lawf~t].1y connect to the sanitary sewer upon proper application and pagment of the required fees. 3~. When a proposed subdivision is located within a reasonable distance of an exis- ting public sanitary sewer system and it is practicable and feasible for said subdivision to be connected to and be served by the same, the Health Officer may require that the said subdivision be provided with an adequate system of sewer lines and that said system of sewer lines be connected to the afaremerr.-~ s +~se f tinned public sanitary sewer system. As used in this sectiott, the word subdivision shall have the same meaning as in the Butte County Subdivi.sian Ordinance. SECTION 1l~.: Farm i~abor Camgs. Utility buildings situate to service seasonal farm labor camps which are under the jurisdiction of the State Division of Housing may, if approved by the State Division of Housing, have the septic tank located beneath said utility building in such a manner that toilets and other plumbing .Fixtures discharge directly to the septic tank, Construction of the septic tank shall be such ae to prevent the escape of odors into the building and shall provide for easy access into the septic tank for maintenance purposes. SEC7,ION 15s Enforcement. It shall be the duty of the County Health Officer to enforce the provisions of this ordinance, and the County Health Officer, or his duly authorized representa- tive, is hereby empowered to enter at ar~y reasonable hour arty premises necessary in the enforcement of this ordinance. sECT~oN l6: Arty person, firm or corporation who violates or refuses or fails to comply with the provisions of this ordinance shall be guilty of a misdemeanor, and shall be punished upon convicfaon by a fine of not less than twenty-fti.ve dollars ($25.00) nor more than five-hundred dollars ($500.00) or by imprisonment in the County jail for not more than six (6) months or by both such fine and imprisonment, provided that said punishment shall not relieve arm person from compli~ce with the provisions of this ordinance. SECTION l7: Each and every day dur.~.ng any portion of which any provision of this ordinance is violated shall be deemed to be a separate offense and shall be gunishable as herein provided. SECTION 1$: Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed. SECT.LON 39: If ar~r section, sub-section, paragraph, sentence,clause or phrase of arty or- dinance i$ for any reason held to be unconstitutional, such decis°.~on shall not ,. Page 8 affect the va3,idity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance anti each section; sub-section, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, paragraphs, sentences, clauses or phrases be declared uncanstitutianal. SECTION 2Cs This ordinance shall. not be construed as imposing upon the County of Butte.ax~y liability or responsibility for damage resulting from the defective construction of any sanitary disposal system, as herein provided; or shall the County of Butte, ar any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder. This ordinance shall be and is hereby' declared to be in full force and effect from and after thirty {30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, this ordinance mall be published once, with the names of the Board members voting for and against it, in the <:F3i~~s News , a newspaper of general circulation printed and published in the County of Butte, State of California, The foregoing ordinance was duly adopted and passed by the Board of Supervisors of the County of Butte, State of California, at a regular meeting thereof, held on the 27th day of February, 1961, upon roll call by the following vote: AXFS: SU!'ER.VISORS ATT~R.EDGE, FITi'I'~iAN, FftYDE, STE]NI~ER AND CHAIRP~AN GILNS NOESs NONE, ~EY`~'= N0~ ~~/~xil~Ge.~ii Chap. f the Board of Supervisors, County of Butte, State of California ATTESTS HAR,i~CETT JAMES, Butte County Clerk and ex-officio Clerk of the Board of Supervisors BY ~~ Deputy .erk