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(KCN 10/19/15) ORDINANCE NO. NS -2887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SEWER FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 38900 grants authority to a "city legislative body" to `construct, establish, and maintain drains and sewers." However, the Government Code does not provide definitions for terms relating to sewer systems. B. The City owns and maintains a sewer collection system comprised of 390 miles of sewer main which collects and conveys sewage from over 45,000 sewer laterals. C. In 2001, the City adopted an Ordinance creating a sewer enterprise fund and sewer service charge; a portion of funds collected is used by City forces to repair or replace sewer laterals located in the public right of way. D. The City of Santa Ana Public Works Agency has historically provided information and guidance explaining that all sections of the sewer system located on private property and underneath public rights of way are the responsibility of the homeowner. E. The City Council has determined that formal codification of terms relating to sewer systems serves to clarify any potential confusion and provide clear guidance to homeowners in regards to ownership and responsibility for maintenance of sewer laterals. Section 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Sections 39-47 — 39-50- Reserved. of the Santa Ana Municipal Code are hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -2887 Page 1 of 4