Proposed City Law Would Require Septic
Inspection at Point of Sale
• Measure Has Been Modified to Address
Realtors’ Concerns
A highly controversial municipal law has
been proposed that would require inspections of septic
systems when any developed real property is transferred is set
to air before the Malibu City Council at its meeting next
Monday.
Called the point of sale ordinance, the
measure would require inspection of an existing
onsite wastewater treatment system at or within two years
of the time of transfer of title to the property owner served
by the septic system, according to municipal officials.
The proposal, which has been bandied about
since the beginning of 2007 and was closely scrutinized by the
real estate community, according to building officials, would
require the city to issue a certificate of inspection, or
a conditional certificate of inspection, based on the findings
in the official inspection form prepared by a
city-approved inspector.
“The issuance of either certificate
will authorize the transfer of title between parties,”
wrote Craig George, the division manager of the city’s
building department.
“Language has also been abridged to
clarify the obtainment of an operating permit at the time of
real estate transfer of title.”
George said the staff has worked closely
with the local association of realtors and took into account
feedback from the real estate community.
“A common misconception is that all
systems must be upgraded at the time of real estate
transfer. A functional system will receive a passing mark. A
failed system will be identified and the required
alternative necessary to cause the system to again
become compliant with the minimum operating requirements
will be acknowledged. The intent of the program is to identify
and correct those [systems], which pose a risk to public health
and safety and the environment,” he added.
A two-year timeline for meeting compliance
has been added to the proposed ordinance.
George said Realtors also thought there was
a public relations problem and wanted to change the name of the
law to “environmental improvement program.”
However, the building official insisted
there is no “sound rationale” for not using the
traditional planning term.
Realty association members also wanted the
time frame of the original ordinance changed from one to three
years. “Staff has compromised and has established two
years as the time frame for conformance,” George said.
The municipal official indicated several
other key factors were incorporated into the proposed ordinance
that real estate profesionals wanted, such as the Prop. 13
language to define a transfer of title for the purposes of the
proposed ordinance, the city’s obligation to provide a
certificate of inspection within five business days, a timeline
for a period of compliance for a successor transferee to obtain
a certificate of inspection when the original property owner
failed to do so, and use of Prop. 13 language to define
exceptions, such as interspousal transfer and transfers of
title to eligible children and grandchildren.
George said the staff is also recommending
that, upon adoption of the new law, a 90-day grace period would
be implemented that could serve as a trial period “to
test drive the ordinance for both the real estate community and
the city.”
The building official acknowledged the city
is obligated to adopt a point of sale ordinance because of a
memo of understanding signed by the city with the Regional
Water Quality Control Board. “Not adopting the point of
sale program will prevent the city from satisfying the
requirements of the MOU with the RWQCB,” he concluded.
