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
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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