Thank you for your follow up questions,
I would respectfully XXXXX XXXXX your statement that,
"...The city has an ordinance that requires the sewer lateral be replaced within 6 months after close of escrow.........."
Actually, the Ordinance states that if repair or replacement is required, but the work cannot be completed by the closing date, the Seller/Owner may apply for a "Temporary Waiver" for up to 180 days after the date of closing to complete the work.
Your question read as follows:
"...The buyer is claiming the sewer lateral is a minimum mandatory government retrofit standard, and therefore must be replaced at sellers expense. Property is in San Pablo, California. True or not true"
As you can see, you did not request the definition of the "minimum government retrofit standard".
I gather that the real issue is whether or not the property's lateral sewer connections meet some mandatory minimum requirement. The sewer lateral connects the pipes from a structure to the sewer main in the street. The goal of the program is to insure that there are no leaks in these private lateral connections and an air test can determine if there are any cracks where leaks would occur. When this test is done and it is determined that the private sewer laterals are free of defects, a Certificate of Compliance will be issued by EBMUD.
The East Bay Municipality, Office of Wastewater Control conducts the inspections and issues the Certificate of Compliance which is necessary in order to have a closing, Therefore, if there is a definition beyond "free of cracks and leaks", they would be the office which has it.
As you can see there is nothing that defines the minimum mandatory. The requirement is that it be free from leaks.
Here is the contact information for EBMUD:
Email us [email protected]
Call 1-866-40-EBMUD (Mon - Fri 8:00 am - 4:30 pm)
XXXXXFirst Floor, Oakland, CA 94607
I tried to read the brochure whose link I have provided below, but for some reason I could not enlarge the type and asa result, I could not read it. Maybe you will have better luck.
I have spent several hours researching this one point and have not found a definition. this is not to say that there isn't one. However, I do not believe that further research beyond what I have done will reveal any definition of a "mandatory minimum". If you would like I can opt out and open to other experts who might be willing to try it.
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