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SAN LEANDRO ADMINISTRATIVE CODE TITLE 8 ENGINEERING AND TRANSPORTATION Chapter 11 Financing of Sewer Lateral Connections to City Sewerage System (a) Enter into an agreement with the City whereby the City and property owner or User agree to cooperate to locate the property's private sewer facilities; and upon identification of such facilities, (b) Enter into a written agreement with the City by which the property owner, upon completion of constriction of the new lower lateral by the City, will assume responsibility for the operation, maintenance and repair of the lower lateral. Upon execution of the agreement, the City shall constrict a new lower lateral from the sewerage system to the property line. $8.11.350 LOWER SEWER LATERAL FAILURE TO COOPERATE. In the event that a property owner does not execute an agreement with the City pursuant to §8.11.300 within 45 days of the notice, City shall not constrict a lower lateral to the property line. Failure to execute an agreement described in §8.11.300 shall be prima facie evidence that a property owner or User rejects the City's offer to construct the lower lateral connection to the main sewerage line. 0.11.400 UPPER LATERAL CONSTRUCTION. The property owner or User shall be responsible for the constriction of the upper lateral as defined in §8.11.100. Property owner or User shall be responsible for all permits and fees associated with constricting all private sewer facilities. 0.11.450 PRIVATE SEWER LINE FINANCING PROGRAM. City shall provide affected property owners an optional and voluntary financing program, by and through an agreement with the City, to fund the costs to constrict a new upper lateral if one is required. Upon choosing to enter the financing program, a property owner or User shall enter into a payment plan for a defined number of years, subject to lien on the property upon default. Simple interest shall accrue annually on any balances. Property owners shall have 180 days from the date of the notice to enter into the private sewer line constriction financing program. Failure to enter the program within 180 days of the notice shall be prima facie evidence that property owner or User rejects City's one time offer to enter into the voluntary financing program. $8.11.500 REFUSAL TO COOPERATE. In the event a property owner fails or refuses to connect to the alternate sewerage system, the City will provide additional written notice of the proposed abandonment 270 days and 365 days from the date of the initial notification. After the date of the final notice the City may proceed to take any and all actions to abandon the original sewer line. Property owner or User assumes the risks, and shall hold the City harmless from any damages or claims associated with its failure to connect private sewer facilities to the alternate sewerage system. Department Responsible for Revision: Engineering & Transportation Chapter 8.11 12/20/2010 Page 2