§ 20.32.080. Excessive discharge of sewage—Conditional permit requirements.

A.

Any person proposing to have sewage discharged from any property to a public sewer in quantities or at a rate greater than the capacity for which the sewer was designed, when proportioned to such property, and which such additional quantity will immediately overload the sewer, shall be denied a permit to connect any facilities to the sewer which will discharge more than the proportionate share allotted to the property. However, if such additional discharge will not immediately but may in the future overload the sewer, a conditional permit to connect to the sewer may be issued after the owner of the property agrees by a covenant satisfactory to the county engineer recorded against the land to construct or to share in the cost of construction of additional sewer capacity at such future time as the county engineer determines that an overload situation exists or is imminent.

B.

The owner of the property shall supply a faithful performance bond guaranteeing compliance with the terms of the covenant, in a penal sum which, in the opinion of the county engineer, equals the future cost of construction of sewer facilities to carry such additional discharge.

C.

The faithful performance bond shall be kept in full force and effect until such additional discharge is discontinued or until such additional sewer facilities are completed, and this obligation shall pass to succeeding owners of the property.

D.

If any owner fails to supply and keep in effect the required faithful performance bond or fails to comply with the terms of the covenant, the conditional permit allowing such additional discharge may be revoked, and the continuing of such additional discharge thereafter will constitute a violation of this Division 2.

E.

The provisions of this section shall also apply to any property previously connected to a public sewer, the discharge from which is later proposed to be increased or is found to have been increased substantially beyond the proportionate share of public sewer capacity allotted to the property.

F.

The provisions of this section do not apply to properties subject to the requirements of Ordinance 7888, entitled "West Hollywood and Sherman Sewer Charge Ordinance," and set forth in Division 3 of this title, nor to properties subject to any similar ordinance now or hereafter enacted which requires payment for such additional sewer capacity prior to the issuance of a building or sewer connection permit.

(Ord. 10020 § 3 (part), 1970: Ord. 8690 § 6 (part), 1964: Ord. 6130 Part 5 Ch. 1 § 5110, 1952.)