Ordinance 633
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ORDINANCE NO. 633
AN ORD[NANCE PROV[D[NG FOR THE SANITARY DISPOSAL OF SEWAGE IN THE CITY OF
G[LROY, CAL[FORNIA.
THE COUNCIL OF THE CITY OF G [LROY DOES ORDAIN AS FOLLOWS:
SECTION 1. This ordinance shall apply to all territory embraced within the in~
corporated limits of the City of Gilroy, State of California.
SECTION laG Definition of "Health Officer": "Health Officer" shall mean the
Santa Clara County Health Officer, his assistants, or authorized deputies acting as
health officer of the City of Gilroy.
SECTlON 2. [t 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 with means for the disposal of sewage by a flush toilet con=
nected with a sewage system approved by the Health Officer. It shall be unlawful to
use or maintain a pit or vault privy excepting that no requirement herein shall pro-
hibit the lawful use of portable chemical toilets on a temporary basis.
SECTiON 3. Every building where 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, shall be connected
to the sewer, by the owner or agent of the premises, in the most direct manner possible,
and with separate connection for each home or building.
SECTION 4. It shall be unlawful for any person to construct or maintain any
privy, cesspool, septic tank, sewage treatment works, sewer pipes or conduits, or
other pipes or conduits for the treatment or discharge of sewage or impure waters or
any matter or substance 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, streams, rivers~ lakes
or other waters within the City of Gilroy, 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 Sec~
tion 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
unnecessary hardship or injustice and at thesame time most nearly accomplish the
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general purpose and intent hereof.
SECTION 5. 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.
A. Private Sewage Disposal Systems.
I. 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 fifteen (15) in number, there shall
also be established or installed a private sewage disposal system. Said disposal system
to consist of a septic tank and a system of underground 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, constructed 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.
(I) SIZE. The minimum capacity of the septic tank shall be 700 gallons.
(2) MATERlALS. The septic tank shall be constructed of concrete, irriga-
tion heart grade redwood or equal, or some other material of equal
durable and waterproof qualities approved by the Health Officer.
(b) DRAINS. The effluent from the septic tank must discharge into an ap~
proved absorption field. The construction shall be such that the sewage shall at no
time flow over the top of the ground. The absorption field shall be laid at a grade
of not more than two (2) inches in one hundred (100) feet. The effluent lines shall
be laid in a trench at least twenty-four (24) inches wide, which has a layer of one
to two inch loose rock on the bottom at least twelve (12) inches deep and at least
four (4) tnches 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 encounter-
ed. 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
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effluent leaching lines cannot be complied with the Health Officer may grant a special
permit for the erection, construction or maintenance of shorter effluent leaching lines,
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or other means of effluent disposal, if in his judgment such other means or shorter
effluent lines are sufficient to provide for the disposal of the effluent without en-
dangering public health or safety.
(c) CESSPOOLS. It shall be unlawful to use a cesspool for the disposal of
sewage without a permit from the Health Officer.
(d) SEWER WELLS. All sewer wells are hereby declared to be a public nuisance.
It shall be unlawful to drill, construct, maintain or operate a sewer well, and such
an offense shall constitute a misdemeanor.'
2. At any residence, place of business, or other building where there is in~
stalled a water flush system of sewage disposal, which is not connected to a public
sewer system, and where the customary users exceed 15 in number, there shall also be
established or installed a private sewage disposal plant, the plans and construction
of which, in each separate case, shall be approved by the Health Officer.
B. Chemical Privies.
I. Chemical privies may be used only with the special permission of the Health
Officer.
SECTION 6. 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 not to be connected to an approved
public sanitary sewer without first submitting plans of the means of sewage disposal
to the Health Officer, and ob~aining 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 $5.00 for each
sewage disposal system.
SECTION 7. No building permit as required in the City Zoning Plan Ordinance, and
any amendments thereto, shall be issued for any building which is not to be connected
to an approved public sanitary sewer, without the written approval of the Health Offi=
cer of the plan of the means of sewage disposal for said building.
SECTION 8. No Certification of Occupancy 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 performance of this duty the Health Officer or his duly
authorized 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, firm or corporation who violates or reguses or fails to
comply with any of the provisions of this ordinance shall be guilty of a misdemeanor
and shall be punished upon conviction by a fine of not less than $25.00 nor more than
$500.00 or by imprisonment in the County Jail for not more than six (6) months or by
both such fine and imprisonment.
SECTION 11. Any ordinance or parts of ordinances in conflict with this ordinance
are hereby repealed.
SECTION 12. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitutional or invalid, such de-
cision shall not affect the validity of the remaining portions of this ordinance.
The Council of the City of Gilroy hereby declares that it would have passed this ordi-
nance and each section, subsection, paragraph, sentence, clause and phrase thereof
irrespective of the fact that anyone or mor'e sections, subsections, paragraphs, sen""
tences, clauses or phrases be declared unconstitutional or invalid.
SECTION 13. ThIs ordinance shall not be construed as imposing upon the City of
Gilroy any liability or responsibility for damage resulting from the defective construction
of any sanitary disposal system as herein provided, not shall the City of Gilroy or
any official or employee thereof be held as assuming any such liability or responsi-
bility by reason of the inspection authorized thereunder.
SECTION 14. This ordinance is hereby declared to be an urgency measure and neces""
sary for the immediate preservation of the public health and safety, and shall take
effect and be in force forthwith from and after its final passage and approval.
PASSED AND ADOPTED by the City Council of the City of Gilroy, this 6th day of
September, 1960, by the following vote:
AYES:
COUNCIL MEMBERS: Jordan, Pate, Petersen, Rush, Sanchez
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Goodrich, Wentworth
APPROVEY ~ .
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ATTEST:
. dz.~ {o . Pcu.r.u
, CITY CLERK
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I, Susanne Eo Payne , City Clerk of the
City of Gilroy, au hereby certify that the attached Ordi-
nance No. 633 is a ~YV.e and correct copy of the whole
of such Ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the
6th day of September , 19~, at which
meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 19th
day of September , 19~.
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