City Gives Land Owners One Last Chance To Comply With Law
Households have 45 days before city records liens
221 not in compliance
By Kara Chalmers
As directed in September, Saratoga's Community Development Director James Walgren returned to the city council on Jan. 3, with a plan for dealing with the 221 homes in Saratoga that are not yet in compliance with the city's septic system abatement ordinance.
In accepting the plan that will send a certified letter to each household, giving the residents 45 days notice before the city assesses liens on the properties, the council thus gave the noncompliant homeowners one last chance.
The septic abatement ordinance requires that all homes using septic systems hook up to the city's sewer system when a line is available within 200 feet of the properties. Before the ordinance, a sewer connection had only been required when a home was demolished and a new one built, or if there was a significant addition to a home, Walgren said.
When the two environmental groups--San Francisco BayKeepers and the Friends of Santa Clara County Creeks--settled their lawsuit against the city for pollution in Saratoga Creek, the council adopted the ordinance. But the settlement agreement was not the only basis for the ordinance, which the council believes will help to improve creek water and underground water quality in the surrounding region.
The ordinance, adopted in February 1999, has a provision for residents using septic systems to obtain five-year extensions to connect to the sewer, and it also allows some exemptions to the law.
In February 2000, the city developed a list of 585 properties in Saratoga that were still not connected to the sewer. It sent each household a notice setting a six-month period to either connect, apply for an extension if the septic system was functional, or prove eligibility for an exemption from the ordinance.
That six-month period expired in August 2000 and, as of the deadline, 216 of the households had connected, 77 had turned out to be vacant properties, and the city had granted 35 exemptions and 36 extensions, according to Walgren. But the city was left with 221 noncompliant households.
The next step, according to the ordinance, is for the city to place liens on the 221 properties, which would prevent the owners from adding on to, selling, or refinancing the properties.
One irate Saratoga resident spoke publicly at the meeting on Jan. 3, against the septic abatement ordinance, saying it wasn't fair to the homeowners for the city to mandate they connect to the sewer.
"Why didn't you just wait till the sales of these properties happen?" asked Fred C. Zillmer. "And have them connect up at that time--there's not that very many people."
According to Zillmer, he was not duly notified of the ordinance. Councilman Nick Streit mentioned that it's been well over two years that the septic abatement issue has been in front of the council. Councilman Evan Baker agreed.
"I'd like to be clear on the record in case there is any lack of clarity on the part of anybody, that this is an ordinance that was duly heard, considered, reconsidered with more than enough public hearings, including a number of front page articles in the Saratoga News," Baker said. " I do not consider it appropriate for any further 45 day delays, 45-day additional noticings. The noticings were more than adequate, the noticings were more than complete ... ."
Residents can obtain exemptions if the slopes of their properties do not allow for a gravity-based connection, or if they don't have legal rights-of-way to the sewer line.
There is an exemption for people who can't afford to make the transition from septic to sewer because of severe financial hardships. Property owners facing financial hardships can apply for funds from the Community Development Block Grant.
Saratoga, California Since 1955
