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Ord 0286- PROVIDING FOR THE SANITARY DISPOSAL OF SEWAGE IN THE TOWN OF LOS GATOS.ORDINANCE NUI,'iBER 286 AN ORDINANCE PROVIDING FOR THE SANITARY DISPOSAL OF SE1,3AGE IN THE TOWN OF LOS GATOS. The Town Council of the Town of Los Gatos does ordain as folloirso SECTION 1. This ordinance shall apply to all terri- tory embraced within the incorporated limits of the Town of Los Gatos. SECTION 2. It shall be unlawful to maintain, or use, any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not provided vrith means for the disposal of sewage, either by a flush toilet connected with a seV;age system approved by the Health Officer of the Town of Los Gatos, or when it is judged permissible by the Health Officer, a privy which meets the requirements of construction and maintenance hereinafter described. SECTION 3. Every building there persons reside, congregate, or are employed which abuts a street or alley in which there is an approved public sanitary sewer-, or which is within 200 feet of an approved public sanitary sewer, pro- vided a right of way can be obtained, and if possible grade is present, shall be connected to the sewer, by the owner or agent of the premises, in the most direct manner possible, and V,Tith separate connection for each home or building, except as otherwise approved by the Health Officer where pipe size is adequate and right of way therefor is deeded to the Town of Los Gatos. PAGE ONE SECTION 4. It shall be construct or maintain any privy, age treatment works, sewer pipes or conduits for the treatment or graters or any matter or substanc unlawful for any person to, cesspool, septic tank, sew- or conduits, or other pipes discharge of sewage or impure offensive, injurious or dangerous to health, whereby they shall do any of the following: (a) Overflow any lands whatever; (b) Empty, flow, seep, drain into or affect any springs, wells, streams, rivers, lakes or other waters within the Town of Los Won PROVIDED HOWEVER, if with respect to existing septic tanks, sewage treatment works, sewer pipes or conduits or other pipes or conduits for the treatment or discharge of sewage or impure waters, it would be exceptionally difficult, if not impossible to comply with the provisions of this Section of this Ordinance, the Health Officer shall have the power by special permit to allow such variations from the provisions contained in this Section as will prevent unnecess- ary hardship or injustice and at the same time most nearly accomplish the general purpose and intent hereof. SECTION 5e Every residence, place of residence, or other building or place where persons congregate, reside, or are employed, and which does not abut a street or alley in which there is an approved sanitary sewer, or which is not within 200 feet of an approved public sanitary sewer, shall be provided with a private water flush toilet, or if in the opinion of the Health Officer conditions permit, a privy, by thB owner or agent or occupant of the premises; said water flush toilet system, or privy, to be built or rebuilt, con- structed, altered or reconstructed, or maintained in such PAGE TWO tanner as to meet the requirements of construction and mainten- ance hereinafter described, to wit A. PRIVATE SEWAGE DISPOSAL USTEMS. 1. At any residence, place of business or other building where there is installed a water flush system or sewage disposal system which is not connected to a public sewer system, and where the customary users do not exceed y. fifteen (15) in number, there shall also be established or .a installed a private sewage disposal system. Said disposal system to consist of a septic tank, and a system of under- ground drains for the disposal of the tank effluent, Said tank and drains shall be so constructed as to meet the require- ments of construction and maintenance hereinafter described. (a) SEPTIC TANKS. The septic tanks shall be of two compartment construction; the first compartment being twice, the capacity of the second. Said tank shall be of a type con- strutted and located in accordance with the recommendations of the State Department of Public Health and the Health Officer. If it is necessary to install the tank above the ground surface, it must be made air and odor tight. The septic tank, distribution box if used, and all inlets and outlets thereto, shall be water tight. U) SIZE. The minimum capacity of the septic tangy: shall be 700 gallons. (2) MATERIALS. The septic tank shall be constructed of concrete, treated irrigation heart grade redwood or equal, or some other material of equal durable and water-proof qualities approved by the Health Officer. (b) DRAINS. The effluent from the septic tank must PAGE THREE discharge into an approved absorption fjoia. The construction shall be such that the sewaF ze shall at no time flow over the top of the ground. The absorption field shall be laid at a grads of not more than two (2) inches in one hundred (l00) feet. The effluent lines shall be laid in a trench at least twenty-four (24).inches wide, which has a layer of one to tzao inch loose rock on the bottom at least twelve (12) inches deep and at least four (4) inches over the top of said effluent lines. The minimum length of the effluent leaching lines shall be one hundred and twenty-five (125) feet. Additional length of effluent line may be required by the Health Officer if unusual conditions are encountered. In any case where the topography or area of any lot, piece or parcel of land upon which a septic tank is erected, maintained, constructed, or is proposed to be erected, maintained or constructed, is such that the minimum requirements for the length of effluent leach- ing lines cannot be complied with the health Officer may grant a special permit for the erection, construction or maintenance of shorter effluent leaching lines, or other means of effluent disposal, if in his judgment such other means or shorter effluent lines are sufficient to provide for the efficient disposal of the .effluent without endangering public health or safety, (c) CESSPOOLS. It shad be unlawful to use a cess- pool for the disposal of sewage without a permit from the Health Officer. (a) SEWER WELLS. All reirer wells are hereby declared to be a public nuisance. It shall be unlawful to drill, con- struct, maintain or operate a sewer ,Tell, and such an offense shall constitute a misdemeanor. (2) At any residence, place of business, or other PAGE FOUR r building where there is installed a water flush system of sewage disposal'. which is not connected to a public se-viyer system, and where the customary users exceed 15 in number, there shall also be established or installed a private sewage disposal plant, the Mans and construction of, which, in each separate case, shall be approved by the Health Officer. B. PIT PRIVY. to It shall be unlawful to use a pit privy for the disposal of sewage without a permit from the Health Officer. !Then in the opinion of the Health Officer the conditions permit the disposal of sewage by means of a pit privy, said privy, if established or installed, shall be so constructed, built, rebuilt, or maintained that: (a) The privy shall be placed at a distance approved by the Health Officer from all wells, streams and dwellings; (b) The sewage deposited therein shall not fall upon the s-ulrface of the ground, but shall enter into a vault or pit in the ground or a compartment built for that purpose; (c) Said vault and building thereon shall at all times be inaccessible to insects, rodents, or other animals; (d) The pit vault or compartment, together with the floor riser seat and other portions of the building shall as a unit prevent the entrance of either rain or surface water into the pit below; (e) All privy buildings shall be kept in clean and sanitary condition.-'at all times; 2. Chemical privies, septic privies, concrete vault privies, or other privies not heretofore mentioned may be used only with the special permission of the Health Officer. PAGE FIVE SECTION o. It shall be unlawful for any person, firm, or corporation to construct, build, or rebuild any residence, place of residence, or other building or place where persons congregate, reside or are employed which is riot to be connected to an approved public sanitary sewer 'kirthoul first' submitting.- plan-s- -of ~the means ~'.of sewage disposal to the Health Officer, and obtaining a permit therefor as herein provided. Such plans shall include the plot plan of the premises with sufficient elevations ~ the size and type. of septic tank, and a plan of the absorption field, giving all dimensions and other pertinent information. Every applicant for a permit shall pay to the Health Officer for each permit issued and at the time of issuance a fee of $2.00 for each sewage disposal system. SECTION 7. No building permit as required by Ordin- ance No. 249.and any amendments thereto or any other Ordinance of the Town of Los which is not to be sewer, without the of the plan of the Gatos, shall be issued for any building connected to an approved public sanit afy written approval of the Health Officer means of sewage disposal for said building. SECTION 8. No certification of occupancy as required by any ordinance of the Town of Los Gatos and any amendments thereto shall be issued for any building which is not connected to°..An approved public sanitary sewer without the written approval by the Health Officer of the means of sewage disposal for said building. SECTION 9. It shall be the duty of the Health Officer to enforce the provisions of this ordinance, and in the perfor- mance of this duty the Health Officer or his duly authorized PAGE SIX agent is hereby authorized to enter at any reasonable hour any premises as may be necessary in the enforcement of this ordinance. SECTION 10. Any person dissatisfied -Tith the action of judgment of the Health Officer 'nay appeal to the Town Council of the Tourn of Los Gatos at any time vi?ithin ten (10) days after receipt of written notice thereof by ordinary mail. Said appeal is taken by filing a Notice of Appeal together with a statement of the grounds upon which a-roellant will rely =,iith the Torn Clerk and serving copies of said Notice of Appeal and Statement upon the Health Officer, Town Attorney and applicant, in the event the appellant is not the applicant, The Town Council at the next regular meeting shall fix a time and place for hearing said appeal and the Town Clerk shall . give at least five (5) days notice of said time and place of hearing by or6inary mail upon the appellant, Health Officer, Town Attorney and applicant in the event the appellant is not the applicant. The Town Council may adopt its own rules of procedure governing said appeal and hearing. At the time and place of hearing said appeal the.Town Council shall be vested with judicial powers and the parties may ih'uroduce oral and documentary evidence and thereafter the Town Council may take the matter under submission. At any time thereafter not exceeding thirty one (31) days the Town Council shall render and file its i4ritten decision, which said decision may reverse or affirm, wholly or partly, or may modify any decision, determination or requirement of the Health Officer, and may make such decision or determination or may impose such conditions as the facts warrant and its decision or determination shall be final. PAGE SEVEN SECTION 11. Any person, firm or corporation who violates or refuses or fails to comply with any of the pro- visions of this ordinance shall be guilty of a misdemeanor and shall be puntshed upon conviction by a fine of not less r than X525.00 nor more than $500.00, or by imprisonment in the County Jail of the County of Santa Clara for not more than six (6) months or by both such fine and imprisonment. SECTION 12. Any ordinance or parts of ordinances in conflict ?Tith this ordinance are hereby repealed. SECTION 13. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid,: such decision shall not affect the validity of the remaining ;portions of this ordinance. The Torn Council hereby declares that it would have passed this ordinance and each section, subsection, paragfaph, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, para- 3raphs, sentences, clauses or phrases be aedlared unconstitutional or invalid. SECTION 14. This ordinance shall not be construed as imposing upon the Tawn of Los Gatos any liability or responsibility for damage resulting from the defective construc- tion of any sanitary dis_-cosal system as herein provided, nor shall the Town of Los Gatos or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection or approval authorized thereunder. SECTION 15. This ordinance is hereby declared to be an urgency measure and necessary for the immediate preservation of the Dublic health and safety, and shall take effect and be PAGE, EIGHT r in force forthwith from and after its final passage and approval. Following is a statement of the facts constituting such urgency: That the condition of the various soils and the topograjahy of the ground and eater table in the Tow-n of Los Gatos and the great influx bf people into the Town of Los Gatos is overtaxing the existing housing and sanitary facilities, and the building and conversion of housing facilities requires supervision of the means of sewage disposal to prevent insanitary conditions and in many cases situations eminently dangerous to the public health and safety. SECTION lo. Introduced at a regular meeting of the ToTATn Council of the Town of Los Gatos, State of California, held on the d_ay of October, 1947. PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos, State of California, at a regular meeting of the Toti,,rn Council thereof held on the 20th day of October, 1947, by the following vote: AYES, COU~vu1 I,SEN Hap.Boone C.A. Kirkendall Jas. F. Thompson s C NOES, COUNCIIZIEN N one ABSENT COUNCILMEN L. H. Wright OFa THE TOWN OF LOS GATOS AT'T'EST:orun Cler7t of the Town of Los Gatos