Legal Update - EBMUD Ordinance Affects Title & Escrow Procedures in Certain Areas in Northern California By Richard G. Carlston and Ella K. Gower

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East Bay Municipal Utility District Ordinance Affects Title & Escrow Procedures in Certain Areas in Northern California

East Bay Municipal Utility District (“EBMUD”) recently enacted the Regional Private Sewer Lateral Ordinance No. 311 (the “Ordinance”). A private sewer lateral is a pipe that connects the plumbing in a home or business to the sanitary sewer main, usually located in the street. The private sewer lateral carries sewage from a building to a public sanitary sewer. Generally, it is the responsibility of the property owner to maintain the sewer lateral.

The Ordinance is implicated if you live in one of the affected areas when (1) you are selling your property, (2) building or remodeling on your property in excess of $100,000, or (3) requesting a change in your water meter size. An exemption may apply if the private sewer lateral was fully replaced within the last ten years.

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