HomeMy WebLinkAbout012411_ca04
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO:
Board of Commissioners
FROM:
Loring Bemis, Facilities Foreman
DATE:
January 24, 2011
RE:
Restrictive Covenant Monitoring Septic System - Animal Shelter
STATEMENT OF ISSUE:
The Jefferson County Health Department requires a restrictive covenant for monitoring of the
Animal Shelter on-site septic system be recorded.
ANAL YSIS:
Facilities had to obtain a septic permit to modify the Animal Shelter septic system in 2010.
The application for the permit triggered the requirement to have a restrictive covenant
recorded.
FISCAL IMPACT:
Jefferson County Facilities will incur costs for recording the restrictive covenant along with
the annual monitoring fees.
RECOMMENDATION:
Approve and authorize the Board of County Commissioner Chairman to sign the Restrictive
Covenant and cause the document to be recorded.
REVIEWED BY:
) -' '-', ,!,
i......_/_/.--~ /r
,.r{, ///:;(, ..J'
. ~>1v!k.; /:., (_/ I.
. Philip M~rley..,:tounty AdtTlinistrotor
1// S-;/; (
. / '
Date
When Recorded Return To:
Name: Jefferson County Public Health
Address: 615 Sheridan
City: Port Townsend, W A 98368
Restrictive Covenant
Regarding Monitoring of On-site Septic System
THIS AGREE'\lENT is made this date __JgnuaI)'04,,:20LL by and betlwen JEFFERSO\ COUNTY,
his/her heirs and a"igns ("GRANroR(S)") and Jefferson Counly Public Hcalth ("GRANTEE")
WHEREAS, JEFFERSON COli\TY
is/are the owneris of a certain tract of land Jat1icularly described as follows:
PARCEL NO. WHERE SEPTIC SYSTEM IS LOCATED:
Parcel#: 00 I 0830 12
LEGAL DESCRIPTlON(S): Seclion: 8 Township 30N Range 0 I W
lU'YC:;QXIRE PROTECTION SHORT I'L LOT 1 SUBJ/EASE & R/W
ADDRESS OF RESIDE:'IICE BEING SERVED (if assigned):
112 CRITTER LN
and.
\\iHEREAS, a sewage collection, treatment and disposal system. as described in ca"e # SEP 1 0-001 J 1 has been
installed thereon, and
WHEREAS, the residence or faci lity at the above described property, including all p<rrccls associated with said case,
utilizes an onsite se\vage S)"stem which requ ires regular maintenance and monitoring for the life of the system.
Monitoring is required to be perIormed by a person authorized by the Public He~lth Department, and
WI IFRFAS. the Owner is required by Jetferson County Public Health Department, as per WAC 246-272A tl1rough
Jefferson County Code 8.15 to implement a program for periodic monitoring to assure the continuous and satisfactory
operation and maintenance of the seyvage system. and
NOW THEREFORE, in consideration afthe premises and the mutual promises and covenants herea!ler set forth, the
parties hereto agree as follows:
I. Construction: The O\\'ner has constructed and installed a sewage collection, treatment and disposal system
together \vith appurtenant facilities \vhose capacity and design are sati~iactory to the Jefferson County Public Ilealth
Department. The plans and specifications for this con::.truction have been approved by the JclTcrson County Public
Health Department prior to construction.
2. Owners responsibilities:
a. !'v'laintain all components as accessible and unobsrructcd to the surface. Non-accessible or ob~1ructcd components
wil I not be serviced and may result in a violation of pennit requirements.
b. Utilize the system consistent with producing residential \Naste strenbrth effluent.
c. Operate ,md maintain the system in accordance \vith conditions of the permit and Jefferson County Code 8. ] 5.
Page I of2
3. Attachment:r;tl If box checked this septic system contains a proprietary device that requires Attachment # I
titled I'Notice for rv~nance and \1onitoring of a Proprietary Onsite Sew"age System Device be recorded with this
document.
4. Schedule: The Ovmer shall have their se\vagc system inspected by a person authorized by Jeflerson County
Public Health in accordance \vith the schedule set forth in Jefferson County Code as adopted and hereinafter amended.
For some proprietary products registered \vith the State Department of Health. the inspector must also be authorizl'd by
the dev ice manufacturer.
5. Reminder: The Jefterson County Public Ilealth Department shall provide a reminder ofrequired monitoring.
The lack of receipt of said reminder docs not relieve the property' owner from compliance \vith the monitoring schedule
pursuant to Jefferson County Code.
6. Records: A report of each inspection conducted shall be submitted to the JetIerson County Publ ic Health
Department within 30 days of completion of the inspection. Such records shall be open to the inspection of the Chvner.
7. Liability: The Grantor agrees to relieve Grantee, its agencies, divisions, officers, agents. and employees of any
liabi lity, damages, judgments, claims or other expenses that might arise as a result of the inspections required by this
agreement.
S. Fees: A fee as set tlmh in the Jefferson Count)' Fee schedule and adopted by the Board ofCoumy Commissioners
shall b~ paid upon submittal of each inspection report.
9. Terms: This agreement shall n:main in full force and effect until the date of notification to the Owner by the
Jetlerson County Public Health Department that the Owner's Sewer Sy~1em has been intercepted and connected to a
general sc\ver system.
10. Amendments: This agreementshall not bt, modified except \,\'ith the express written approval of the
Environmental Health Department of Jefterson Coumy"
II. Penalties: Non-compliance \vith man itoring ,md inspection requirements is a violation of Jefferson County
Code and shall be subject to enforcement as described in said codes. The County shall have the right to enforce and
compel compliance \vith this covenant, including all remedies avai lable at la\v and equity. '['he County shall have the
right in any such proceeding to r~cover it') attorney fees and costs.
12. Venues: Vcnu~ for any action hereunder shall be in Jefferson County, \\/ashington. Ifany term or provision of
this agret'ment is in whole or part held invalid or unenforceable by any court of competent jurisdiction, the remainder
of this agreement shall continue in fulllorce and effect.
13. Life of Covenants and Binding Effect: All ofthe promise~ covenants, temlS and conditions of this
agreement shall bind the parties to this agreement and the successors and assigns of the respective parties hereto /\1\"0
are deemed to run \\;th the land.
,O\\ner
,Ov...ner
/\cknowledgrnent:
SUBSCRIBED AND SWORN to before me this day of ,20_
Notary Signature
Notary public in and for the State of
residing in
1\.'ly commission expires:
page 2 01'2
F _ SEP__ monitorinK_agreement, 1/4/11
Attachment #1
NOTICE FOR MAINTENANCE AND MONITORING OF A PROPRIETARY
O:-;SITE SEWAGE SYSTEM DEVICE
D;', TEi anLJ_"D,-JHo20lL
Case Number #SEPI0-00131
PARC"L NO. WHERE SEPTIC SYSTEM IS LOCATED:
ADDRESS OF RESIDENCE BEING SERVED (if assigned):
112 CRITTER LN
Parcelff: 00 I 0830] 2
The septic system that serves this property utilizes a proprietary device as a component of its
on-site sewage disposal system. This device requires regularly scheduled maintenance and
monitoring for the life of the system. Maintenance is required to be performed by a person
authorized by the device manufilcturer. Monitoring is required to be performed by a person
authorized by the device manufacturer and certified by the Health Department as specified in
Jefferson County Code. Section 8. f5- J 50 as adopted and hereinafter amended and WAC
246-272A-02 70.
F SEP mon agree,att, 1/4/20]0