lundi 27 août 2018

Building Permits: Can the City Force Me to Connect to City Sewer

My question involves a consumer law issue in the State of: California (Sonoma County)

I purchased a lot that is in the city limits but does not have sewer adjacent to the property. To access the sewer main via the road (normal connection to sewer), I would need to travel ~1,000 feet. There is a sewer clean up located 490 feet away from my lot BUT to access this cutout I would have to cross 2 other lots. I do not have an easement to cross these 2 lots and 1 of the land owners is not interested in granting me access to cross his lot. Quite honestly, I don't blame him. I wouldn't want a sewer line running across his lot.

Anyway, when I approached the city to inquire about septic, they responded that I MUST connect to city sewer because I am inside 500 feet. Here is the excerpt from the City Code that they sent me:
(C) Any new development located on a parcel within 500 feet of the public sewer, as measured from the property line closest to the available sewer, is required to connect to public sewer. This requirement also pertains to the construction of an additional unit on the existing parcel. (Ord. 3895 § 1, 2008)

My question is, 'Can the City force me to connect to city sewer given the above scenario?'

It seems to me that the language suggests 'available sewer' within 500 feet. The cutout is NOT available to me given that I need to get easements to connect to it. What is 'available' to me is connecting to the sewer main which would require me going down the street and around the corner which is approximately 1K feet.

Thank you in advance for your assistance/advice!


Building Permits: Can the City Force Me to Connect to City Sewer

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