§ 12-3-5 Private sewage disposal systems.
(A) Compliance with Article. Except as provided in this article, it is unlawful to construct or maintain within the City any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage without the prior written authorization of the City.
(B) When Permitted; Sanitation. Where a sanitary sewer system is not available within the City or in any area under the jurisdiction of the City, the sewer service line shall be connected to a private sewage disposal system which complies with the regulations of the Arizona Department of Environmental Quality, Maricopa County Department of Environmental Services and the City. Such private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner and as required by the Arizona Department of Environmental Quality, Maricopa County Department of Environmental Services and the City. Before issuance of a building permit for any new building that is to be served by a private sewage system, the applicant must demonstrate to the City that the following requirements have been met:
(1) The private sewage disposal system has been designed to ensure a sanitary sewer service line stub is in a location sufficient to facilitate future connection to a sanitary sewer system, as determined by the City Engineer.
(2) The property owner(s) shall sign and record with the Maricopa County Recorder’s Office an affidavit of disclosure stating that they agree to suspend use of the private sewage disposal system and connect to a sanitary sewer system when it is available to the property in accordance with the time frames for compliance specified below, whichever one occurs first:
(a) Within five years from the date that the sanitary sewer line became available to the property; or
(b) Immediately, or as soon as practicable thereafter as determined by the City Engineer, upon evidence of failure of the existing private sewage disposal system; or
(c) Within 30 days of a change in ownership of the property.
(C) Discontinuance Required. At such time that a sanitary sewer line becomes available to any property served by a private sewage disposal system, the landowner(s) shall be required to discontinue use of the private sewage disposal system and connect to the sanitary sewer system in accordance with the time frames for compliance specified below, provided notice of such time frames for compliance has been recorded by the City with Maricopa County Recorder’s Office on the property to be served at the time the sanitary sewer line became available to the property or the property owner(s) affidavit of disclosure has been recorded with the Maricopa County Recorder’s Office on the property regarding such time frames for compliance:
(1) Within five years from the date that the sanitary sewer line became available; or
(2) Immediately, or as soon as practicable thereafter as determined by the City Engineer, upon evidence of failure of the existing private sewage disposal system; or
(3) Within 30 days of a change in ownership of the property, whichever occurs first.
(D) Discontinuance Standards. Whenever the use of a private sewer system is discontinued due to a voluntary or mandatory connection to the sanitary sewer system in accordance with the provisions of this chapter, the property owner shall fill any septic tanks, cesspools and similar private sewage facilities with suitable material in accordance with State and county regulations within 90 days after discontinuance.
(E) Appeals. Any person aggrieved by the strict application of this section shall be provided an opportunity for an appeal hearing with the City Manager. The City Manager shall have the authority to temporarily or permanently waive, or conditionally waive, the provisions of this section. All hearings shall be held in accordance with this chapter.
(F) Penalty. Any person found guilty of violating any provision of this section shall be assessed a penalty as provided for by Article 1-8. (Prior Code, § 12-4-5; Am. Ord. 09-1186, passed 6-22-2009; Am. Ord. 14-1298, passed 8-18-2014; Am. Ord. 23-1583, passed 9-25-2023. Formerly 12-4-5)