Belmont City Council taking on sewer laterals -- once again

The issue is whether a homeowner should have to disclose to a potential buyer that there could be problems with the sewer lateral and then who should pay for the fix.

Realtors are opposed to the plan, saying it will "kill" the sale of the home.

Sewer laterals are the underground pipes that connect a residence or business to the main sewer line. Maintenance of sewer laterals is the responsibility of the property owner in Belmont.

Fixing a sewer lateral could cost between $7,500 and $25,000. If the property owner cannot pay the bill or negotiate with the buyer to split the cost, the transaction could die, according to the San Mateo County Association of Realtors.

The city aims to reduce the inflow and infiltration from private sewer laterals that can lead to sewage overflows and potential fines for the city.

The city has undertaken a series of measures to reduce inflow and infiltration including a smoke-testing program and FOG program in which restaurants and other businesses are made aware of the fat, oil and grease that harm the sewer system.

There is also a permit-driven sewer lateral inspection program for when property owners make significant remodels to their homes of $50,000 or more.

The point-of-sale mandate, however, dominated most of the council's discussion when it last took up the issue two months ago.

Some cities in the county already have the mandate but that is due to a court order after pollution watchdog San Francisco Baykeeper sued several cities after excessive sewage waste flowed into freshwater creeks and the Bay. Pacifica, South San Francisco, Millbrae and Burlingame already require the inspections at the point of sale but Belmont is not required to.

Paul Stewart, the government affairs director for SAMCAR, told the council in January that it should adopt the ordinance but not make the inspection mandated at the point of sale.

Councilman Warren Lieberman even offered up his own motion at the last meeting to simply require a disclosure form between the seller and buyer at the point of sale to let the buyer know that there could be potential problems with the lateral and the city would ultimately require it to be fixed. His motion received no support, however.

At the last meeting in January, resident Greg Bryant said the ordinance the council considered that night would only fix the city's sewer lateral problems after every single resident sells their home and leaves town.

The point-of-sale options the council will consider tonight are:

o No requirement at point of sale;

o Seller disclosure without an inspection required;

o Seller disclosure with inspection and repair (if needed) completed by buyer within 180 days of close of escrow;

o Inspection before close of escrow and repair (if needed) completed by buyer within 180 days of close of escrow and;

o Inspection and repair (if needed) completed before the close of escrow.

The Belmont City Council meets 7:30 p.m., tonight, City Hall, 1 Twin Pines Lane, Belmont.

silverfarb@smdailyjournal.com

(650) 344-5200 ext. 106