TO: PLACERVILLE CITY COUNCIL
FROM: Jim Copeland, 1136 Bush Ct., Placerville 95667
DATE: October 23, 2023
RE: PROPOSED PRIVATE SEWER LATERAL ORDINANCE
City Council Hearing Date October 24, 2023
Dear City Council:
While I can understand the necessity for City concerns with private sewer laterals, I believe the proposed Ordinance is excessive and expensive.
The problem seems to be threefold:
2. Many order private fine are inge mutile parcels with no agreement in place to maintain and repair such parcels.
3. Some buyers of homes on such lines were unaware of the existence of such lines when they bought the homes.
The proposed Private Sewer Lateral Ordinance is loaded with requirements that will restrict owners' ability to sell their homes without major expenditures and time consuming permits and City reviews. The City has not yet determined the fees for private line certification. In addition, the power given to the Development Director to "maintain written regulations, procedures and guidance materials for administration of this ordinance" is far-reaching. It effectively creates another layer of regulation on top of the ordinance itself Instead of this proposed ordinance, perhaps there is an alternative that addresses the three problems listed above. Section 845 of the California Civil Code spells out, in clear English, the responsibilities of owners who share a right of way for access to their properties. It is two pages long. Could the City use that Civil Code provision as a template to create a similar, simplified City Ordinance that addresses the goal of private sewer lateral compliance? I would urge you to look into that possibility before passing the current proposed ordinance.
In terms of disclosure of the presence of private sewer laterals to potential homebuyers, I understand that the City cannot compel the creation of Private Sewer Line Lateral Maintenance Agreements. However, is there some way that the City could encourage the development of such agreements that could then be recorded with the County Recorder, thereby providing a disclosure tool at the time of a homeowner's pending sale? I will also be making comments at the City Council meeting, but wanted to offer this as one possible alternative or component of a solution.
Thank you.
Respectfully
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