1. The use of all or part of an abutting or a separate lot to provide access to connect a building sewer to an available public sewer when proper cause and legal easement not in violation of other requirements have first been established to the satisfaction of the County Environmental Health Department.

2. The use of all or part of an abutting or a separate lot to provide additional space for a building sewer or a private sewage disposal system or part thereof, when proper cause and transfer of ownership, or change of boundary, or legal easement not in violation of other requirements has first been established to the satisfaction of the county. The instrument recording such action shall constitute an agreement with the county which shall clearly state and show that the areas so joined or used shall be maintained as a unit during the time they are so used. Such an agreement shall be recorded in the office of the County Recorder as part of the conditions of ownership and use of said properties and shall be binding on all heirs, successors, and assigns of such properties. A copy of the instrument recording such proceedings shall be filed with the County Environmental Health Department.

3. The use of a public street, in accordance with the provisions of subsection (D) of this section, for all or a portion of a private sewage disposal system or from crossing a public street in order to access an abutting property, providing, however, that such use of the public street shall be authorized by an encroachment permit from the public entity owning and/or controlling the street.

Any such encroachment permit issued by the county shall expressly state thereon that it is subject to revocation by the county with 30 days advance written notice, or in the case of urgent need on the part of the county, 24 hours advance notice (which due to any such urgency may be made orally) and thereafter the encroachment shall be promptly removed. The use of the private property which was the subject of any such sewer system and encroachment permit shall thereafter immediately cease unless sewage disposal is authorized in some other manner as approved by law.

Any such use of a public street or other public property owned and/or controlled by the county shall require the party seeking such use to post a security deposit of cash, a certificate of deposit in the name of the county, or bond in favor of the county which shall be available to the county for the cost of cleanup and/or for any liability resulting from the use of the public street or property, in an amount as may from time to time be determined by the Board of Supervisors, but in no event less than $10,000. Any such bond or security deposit shall include a provision that the principal amount thereof shall be increased annually by a sum equal to three percent of the principal amount then covered by the bond or deposit. The bond or security deposit shall be in a form as approved by the County Counsel and shall include a provision that the security deposit or bond shall run with the land. The posting of security shall not constitute a limitation on the part of the county for any claim for damage that may arise from such use.

Any such use of a public street or other public property owned and/or controlled by the county shall also require the party seeking such use to agree to indemnify, defend and to hold the county harmless from and against any injury, claim, demand, litigation and/or liability of any nature whatsoever resulting from the use of the public street or other public property.

Any encroachment permit issued in accordance with this section and the security instrument shall be recorded with the County Recorder.

1. Testing and observations as required by Environment Health Department clearly reveal that the lot(s) from which sewage will be generated does not meet the standards for conventional, special design or alternative/advanced wastewater disposal; and

2. The applicant can demonstrate to the Environmental Health Department that said lot would be unbuildable without utilization of an unabutting lot for sewage disposal; and

3. Only one public or private street, highway or right-of-way is to be crossed by the sewer line from the subject lot; and

4. Only one unabutting lot is to be crossed by the sewer line from the subject lot; and

5. The building or site to be served is no more than 500 feet from the unabutting lot where sewage disposal is proposed; and

6. The parcel(s) under consideration were created prior to the effective date of this section; and

7. The lot which will receive the sewage effluent has the ability to accept the effluent both from the use or uses to which the receiving parcel may be used under the county zoning code and from the parcel (lot) proposing use of the receiving parcel, in compliance with all requirements of law pertaining to the disposal of sewage and without the requirement for the granting of any waivers or exceptions as to said receiving parcel.

1. Use of county property, or a public right-of-way, shall only be allowed within the boundaries of the townsite of Downieville, and shall require the approval of an encroachment permit by the County Department of Public Works, with the concurrence of the County Environmental Health Department. Any such encroachment permit shall expressly be conditioned on, and shall state that the encroachment shall be removed at, the sole discretion of the county, within 120 days of the mailing of a written notice to the property owner. An application requesting use of county property or a public right-of-way shall be accompanied by such engineering plans and specifications and such test data or other information as may be required by the Environmental Health Department and Department of Public Works to conclusively show that (1) the applicant’s property does not have any reasonable ability to dispose of sewage effluent on the property and (2) the use of county property or public right-of-way for all or part of a private sewage disposal system will not adversely affect the county property or public right-of-way.

2. Upon receipt of an application for use of county property or public right-of-way, the County Department of Public Works shall review the application for potential significant environmental impacts, in accordance with the requirements of the California Environmental Quality Act and shall prepare and recommend the adoption of an appropriate environmental document; provided, however, that staff shall not undertake the preparation of an environmental impact report (EIR) without first reporting the need for an EIR to the applicant and the Board of Supervisors and receiving the concurrence from the parties of the desire to prepare same. The cost of the preparation of the environmental analysis and documents shall be borne by the applicant and no work on any application shall be undertaken unless and until fees are paid for in accordance with the latest adopted resolution of the Board of Supervisors.

3. Upon preparation of an environmental analysis and draft environmental document for use of county property or right-of-way for sewage disposal, if the Department of Public Works is proposing to grant an encroachment permit for the use of the county property or right-of-way, the department shall notify all property owners within 300 feet of the location of the proposed use of the request and state that the department is proposing to authorize the use and that an environmental analysis and document has been prepared and is available for public review or purchase at the department’s offices. The notice shall further state that anyone opposed to the use may submit a written objection within 20 calendar days of the date of the notice, stating their specific objections and any supporting evidence. If an objection is received, the department shall place the matter on the Board of Supervisors’ next available agenda in order to review the objection and supporting evidence with the Board. The objecting party shall be notified of this action and of their right to appear and to address the Board prior to the Board making a decision concerning the application for the issuance of the encroachment permit for the use of county property or right-of-way.

4. The provisions of this subsection (D) shall apply only to property that is located in the townsite of Downieville and the use of public property and rights-of-way shall only be allowed when necessary for the construction or reconstruction of a septic system to serve an existing structure and shall not be allowed for new construction or development. (Ord. 891, eff. 11/4/99)