§ 13.08.600. Building sewer inspection, replacement, compliance with EBMUD Regional PSL Ordinance, and compliance certificates.

The property owner shall be responsible for inspecting building sewers, obtaining all required permits, performing all necessary building sewer repair or replacement, scheduling inspections with EBMUD, passing a verification test witnessed by EBMUD, obtaining and filing with the City a compliance certificate from EBMUD as set forth in the EBMUD Regional PSL Ordinance for the entire building sewer (upper building sewer lateral and lower building sewer lateral) when one or more of the following events occurs:

A.

Title Transfer. Prior to transferring title associated with the sale of any real property that contains any structure with a building sewer. Title transfer means the sale or transfer of an entire real property estate or the fee interest in that real property estate and does not include the sale or transfer of partial interest, including a leasehold. In addition, the following shall not be included: (1) transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust, (2) transfers from one co-owner to one or more other co-owners, or from one or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors, (3) transfers made by a trustor to fund an inter vivios trust, (4) transfers made to a spouse, to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in the lineal line of consanguinity of one or more of the transferors, (5) transfers between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, or a decree of legal separation or from a property settlement agreement incidental to a decree, (6) transfers from property owners to any financial institution as a result of a foreclosure or similar process.

B.

Construction or Remodeling. Whenever a property owner applies for any permit or other approval needed for construction, remodeling, modification or alteration of any structure with a building sewer where the cost of the work is estimated to exceed $100,000.00.

C.

Change in Water Services. Whenever a property owner applies for any permit or other approval from the EBMUD for an increase or decrease in size of the owner's water meter.

D.

An Individually-Owned Unit in a Multi-Unit Structure Served by a Common Private Sewer or Shared Laterals such as Condominium or Other Common Interest Development. Within the period of time set forth in the EBMUD Regional Ordinance, the homeowners' association or a responsible party for this type of multi-unit structure shall determine if the sewer lateral(s) is (are) in compliance with the EBMUD Regional PSL Ordinance and perform any necessary repair or replacement work to achieve compliance. Thereafter, re-certification of the sewer lateral shall occur at 20-year intervals.

E.

Property Developments Other Than Those Specified in Subsection D Above With Sanitary Sewers Totaling Greater Than 1,000 Feet in Length. Within the period of time set forth in the EBMUD Regional PSL Ordinance, property owners or responsible parties for property developments with sanitary sewers totaling greater than 1,000 feet in length, shall submit for EBMUD approval, a condition assessment plan with a schedule to perform testing to assess the condition of all of the sewer laterals on the property to determine compliance with the EBMUD Regional PSL Ordinance. Within the period of time specified in the EBMUD Regional PSL Ordinance, property owners or responsible parties shall complete all condition assessment testing, and submit a corrective action work plan for EBMUD approval. After the work is completed, re-certification of the sewer lateral shall occur at 20-year intervals.

F.

Exception. A property owner with an un-expired sewer lateral compliance certificate or similar documentation from another agency, or with a dated approved building/sewer permit from a permitting authority indicating that the sewer lateral was replaced in total within ten years of the period of time set forth in the EBMUD Regional PSL Ordinance may submit the information to EBMUD along with a request for an exemption certificate. Upon review and approval, an exemption certificate will be issued by EBMUD.

G.

Dangerous and Insanitary Sewer Condition. Whenever a dangerous or insanitary sewer condition is found as set forth by this chapter and a notice to abate is provided according to the procedure established by the Director of Public Works.

(Ord. No. 13080, § 2, 7-19-2011)