Septic tanks

by Donna irby
(Phelan ca)

I live in Phelan, California and I have neighbors who moved in across the street and have a mobile home. They've lived there for two years and have no septic tank. I've called in code enforcement I don't know how many times and they know the neighbors don't have one, but it's still not being fixed. How long does it take to be fixed and is there anybody besides code enforcement that I can call?

Editors Reply: Donna, this sounds like a terrible situation. I was tempted to ask you what they are doing with their sewage, but then we all know the answer to that.

First of all, what does code enforcement say when you call them? Do they say that this is against codes, or do they tell you that the codes that their particular office enforces do not cover this situation? That is a key distinction that you must note.

If the code enforcement office says that they are indeed the right office to try to press this issue, ask them for the status of the case. Ask them if they issued a citation and whether the case is still in municipal court (or whatever the mechanism in Phelan is--sometimes there is an administrative hearing officer or some official other than a municipal judge). Ask for details about what is being done if it is being continued in a municipal court.

To understand this, know that often when someone appears before a municipal judge, that person pleads lack of money, problems getting a contractor, or uncertainty about how to get the job done. Judges sometimes will be sympathetic to some of these arguments because after all, the goal of code enforcement should be getting compliance with the law.

Now suppose that the answers you receive from the code enforcement office are inconclusive, or they say that their hands are tied in the case of this type of situation.

In most states, and I certainly would think in California, there are local county health departments that might well be the authority that deals with sewerage issues. If there is a county or city health department, start working with them to get a resolution.

In the absence of a county or city health department, in some places in the U.S., you will need to complain to the state health department, which should always have an interest in this situation.

Those would be the most likely offices to deal directly with your problem. However, given the amount of time that this has been going on, I would start complaining loudly to your city elected officials, or county officials if you are not within the city limits. This would mean typically a city or county councilperson. You can also talk in a civil way with a mayor, city manager, or county executive about the problem. The supervisor of the code enforcement office needs to know about this dilemma.

If you have other neighbors who have noticed this problem, try to join forces with them to confront elected officials.

Lastly, unless you think it would be dangerous to do so, I always encourage people to try talking with the neighbor directly to understand their perception of the situation and to point out how unsanitary this situation is. You have to use your knowledge of the specifics to know if this is a good idea or not. On this website we are often surprised that people have not even attempted to resolve conflicts in person.

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