17.24.080 Verification Testing at time of Transfer.
A. Prior to completing transfer of property on which a Lateral exists, the owner shall have the PSL(s) for all property associated with the parcel number for that property Verification Tested, and shall submit the results of the Verification Testing to the City Engineer, unless the owner presents satisfactory proof to the City Engineer that the property has a currently valid Sewer Lateral Certificate of Compliance for that PSL. Alternatively, the owner may replace the entire PSL without prior Verification Testing.
B.
(1) All required repair or replacement work shall be completed and a Sewer Lateral Certificate of Compliance obtained prior to transfer of title.
(2) The City Engineer may grant a six month extension if the Transferor and Transferee agree to either of the following options.
a. Option 1. The Transferor or Transferee shall deposit funds with the City in an amount the City Engineer determines to be sufficient to complete any Verification testing and/or repair; or
b. Option 2. The Transferee shall submit a signed contract with a licensed plumbing contractor to have any Verification Testing and/or repair required by the City Engineer completed within six months after close of escrow.
3. Under both Option 1 and Option 2, the Transferor and Transferee must execute and deliver to the City Engineer a binding agreement in a form acceptable to the City: (a) authorizing the City or its agent to enter on the property and complete any Verification Testing and/or repairs the City Engineer deems appropriate if such Verification Testing and/or repairs is not completed within six months after close of escrow; (b) containing any other conditions the City Engineer deems appropriate, including but not limited to provisions holding the City harmless for any damage that may occur as a result of undertaking and completing any Verification Testing and/or repairs; (c) providing that any funds deposited with the City under Option 1 shall be forfeited and transferred to the City upon commencement of the Verification Testing and/or repair by the City or its agent; (d) providing that any cost of Verification Testing and/or repair that is not covered by a forfeited deposit shall be billed to the current owner and in the event of nonpayment, shall become a lien on the property and may be imposed pursuant to Chapter 1.24; (e) waiving any rights under state or local law to appeal the amount or imposition of a lien under Chapter 1.24 or other applicable authority; and (f) providing for the refund of any forfeited amount that is not required to complete the Verification Testing and/or repair.
C. Except as otherwise provided or as allowed by the City Engineer, the owner of the property, including both the seller and the buyer, is responsible for compliance with this Chapter. The seller of any real property shall be responsible for disclosing to prospective purchasers the requirements of this Chapter and the compliance status of the real property in question. Upon transfer of ownership, the buyer will be responsible for the compliance with this Chapter, regardless of any disclosure or failure to disclose.
D. When a Transfer involves a unit in a multi-unit structure served by a single Lateral or shared Laterals, such as a condominium or other common interest development, the homeowners’ association or other designated responsible party for this type of multi-unit structure shall determine if the Lateral(s) is (are) in compliance with this Chapter and perform any necessary repair or replacement work to achieve compliance. (Ord. 7371-NS § 1 (part), 2014: Ord. 7200-NS § 1 (part), 2011)