Will new Calabasas council flush the city’s controversial septic tank law?




By Sylvie Belmond
Belmond@theacorn.com

    A new City Council responding to its disgruntled constituency could bring about a shift in the ongoing battle over Calabasas septic tanks.
    Hours before the changing of the guard on the Calabasas council March 23, city workers conducted a code enforcement operation at a rural property in Old Topanga that rekindled lingering hostilities between the city and its residents.
    Critics say the enforcement crackdown was instigated by former Mayor Barry Groveman who sought to punish those property owners caught disobeying the city’s new building and septic codes.
    James Bozajian, the new mayor, says the city’s policy regarding sewers and septic tanks needs to change. A political fight could be brewing.
    The property in the 3500 block of Canon Drive is one of six parcels whose owners were recently sued by the city for declining to have their septic tanks inspected.
    But according to City Manager Tony Coroalles, the inspection in late March inspection had nothing to do with septic tanks. The city was checking the site in response to complaints about foul odors, water infiltration and substandard living conditions.
    “Had we not received a tenant complaint, we would not have had any reason to inspect the property,” Coroalles said. 
    Upon receiving the tenant grievance, city staff asked for permission to visit the Canon Drive property, but the landlord refused. The city obtained a court warrant to compel the inspection and called the owner to make an appointment in order to avoid the appearance that the visit was a “raid.”
    Some 20 people, including members of the media, were invited by the opponents of the city to witness the code enforcement.
    Attorney Steven Gambardella said the city targeted the Canon Drive property because the owner publicly opposed the city’s new septic tank inspection policy, and he said that the person who complained about conditions on the property was a disgruntled tenant.   
    The attorney, who represents the six property owners who declined septic tank inspections, said he would file a temporary restraining order to halt further action by the city.
    Gambardella alleges that conduct of the city and its staff— while enforcing septic system regulations—serves to degrade the value of the property in question and causes distress for its owner.
    “There is ample reason to believe that the conduct of officials was outside of the law,” Gambardella said.
     Coroalles said Groveman and the rest of the council were not aware of the March 23 Canon Drive inspection.
    The Calabasas City Council only writes the laws and ordinances of the city. “They don’t get involved in the enforcement of those laws.  I am tasked . . . with the responsibility for enforcing those laws,” the city manager said.
    Regarding the septic tank inspections, Coroalles said no fines have been issued.
    All 130 homes in the city with septic systems, except for the six that declined inspection, have been checked. Some received a five-year operating permit while others with faulty systems are either conducting repairs or hooking up to a nearby sewer. 
    Properties in the Calabasas Highlands have the option of hooking into an existing sewer system. But in Old Topanga, where sewers don’t exist, residents with bad systems must pay to have their septic tanks repaired.   
                                                  Changes at city hall
    Last year, Groveman, Washburn and City Councilmember Jonathon Wolfson endorsed the septic tank checks. Groveman said the inspections would prevent pollution in local waterways. If left unchecked, failing septic tanks could trigger steep fines from the Regional Water Quality Control Board.
    Earlier this year, Heal the Ocean and Heal the Bay filed a lawsuit against the State Water Resources Board for not vigoroulsy enforcing septic tank regulations to protect the state’s waterways. It’s the kind of legal action Calabasas is trying to avoid, city officials said.   
    But new Mayor James Bojazian and Councilmember Mary Sue Maurer say the Calabasas ordinance is too onerous.   
    “The septic ordinance is not working. I voted against (it) in the first place,” Bozajian said.
    Bozajian said he will propose that the City Council, which includes newly elected Fred Gaines and Lucy Martin, should abandon the Old Topanga sewer extension. He will also recommend rescinding and redrafting the septic tank ordinance to address the concerns of residents.
    “With the new council in place, I’m hoping to revisit these issues. But I’m not reacting to any particular lawsuit,” Bozajian said.
“There’s ways of enforcing it that are much better than we’re doing it. I’d like to repeal it and restart all over again because I don’t like the way it turned out. But it will be up to the council majority.”
    Regarding the stricter building codes that were approved by the council in January, Bozajian said he will also propose revisions later this year.
    “I don’t want to be any more regulative then we need to be. Public safety is important, but I don’t want to make this kind of situation where people fear government,  which is what happened,” he said.
    Bozajain invites residents concerned about the sewer extension and septic tank ordinance to attend hearings at city hall on April 13 and 27 so they can share their opinions with the new council.



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