BACKGROUND

Street trees improve our quality of life in several important ways. According to the U.S. Department of Agriculture, the net cooling effect of a healthy tree is equivalent to ten room-size air conditioners operating 20 hours per day. Street trees also help clean our air of particulate pollution and carbon dioxide, while providing sound dampening, serving as wind buffers, reducing glare, and producing oxygen. It is estimated by the USDA Forest Service that mature street trees add 10 percent to the value of property on a tree-lined street. In the City of Burbank, median house prices are currently in the $690,000 range (September 2006). This would indicate that a mature street tree adds approximately $70,000 to the value of the adjacent property.

Occasionally, the roots of these valuable street trees find their way to the sewer lateral running from a building to the public sewer.  Ordinarily, tree roots cannot penetrate a sewer lateral that is properly constructed and adequately maintained. Sewer laterals can deteriorate due to poor installation, inferior or defective materials, and/or poor maintenance causing them to develop fissures, cracks or other openings. These openings are most likely to occur at pipe joints. In time, tree roots seeking moisture will penetrate these openings. Once in the sewer lateral, the roots continue to grow. These roots reduce the effective diameter of the sewer lateral and sometimes completely block the flow of sewage.

In the City of Burbank, the sewer lateral is owned and maintained by the property owner (BMC 25-107). This includes both the portion of the sewer lateral that is on private property, and the portion that is within the street or public right-of-way (see Figure 1).  The City of Burbank does not provide reimbursement for the maintenance or replacement of sewer laterals clogged by tree roots entering through pipe joints. 

There are occasions when a tree root is suspected of crushing a sewer lateral or pushing it out of alignment. In cases where a parkway tree causes this type of damage, Resolution No. 17,805 provides that the City will reimburse the property owner for the repair of the portion of the sewer lateral that has been crushed or misaligned.  This reimbursement policy was discussed and affirmed during a May 4, 2004 Council Study Session, and in August 2005, was adopted into the Burbank Municipal Code as Section 25-312 (Attachment 1).

To qualify for the reimbursement, the following steps are required:

1. The resident selects a contractor to perform the necessary repair.

2. The resident or contractor obtains the required permits.

3. The contractor exposes (but does not remove) the sewer line crushed or misaligned by the City tree.

4. The contractor calls for City inspectors to verify the condition of the exposed pipe before replacing the damaged pipe.

5. The resident submits a claim form with the City Clerk�s office.

If all of the steps have been completed and the claim is legitimate, the City processes the claim and the resident is reimbursed for the repair costs for that portion of lateral crushed or misaligned by a city tree.

The rationale behind the reimbursement of costs for sewer laterals crushed or misaligned by parkway trees is that actual damage has occurred to the property owner�s sewer lateral.  Tree root intrusion through the pipe joints does not damage the sewer lateral and will not clog a regularly cleaned sewer.  It is the failure to provide this regular maintenance to the sewer lateral that creates the potential for blockages.  Information regarding residents� responsibility to maintain their sewer lateral has been distributed to residents as a utility bill insert, printed in a brochure distributed by Public Works, is described on the City�s website, and will appear in the upcoming Spring 2007 Recreation Guide.

Figure 1

During the last eight fiscal years, 59 claims have been submitted for sewer laterals alleged to have been crushed or misaligned by roots from city trees (Table 1). Fifty-four percent of these claims have been denied because the requirements of the reimbursement policy were not met. To date, the average cost of each claim paid is slightly more than $5,000. 

TABLE 1

Summary of Tree Root Claims

At the request of Council, the City is revisiting its existing policy.  This report compares Burbank�s policy with those of other cities to allow the Council to determine if a policy change is desired.  The issues of liability, equity, and cost will also be addressed.

ANALYSIS

Tree root intrusion into sewer laterals is not unique to the City of Burbank.  It is a problem shared by cities across the country and around the world.  Rather than list the policies of dozens of cities, only a few have been chosen whose policies represent different approaches to the problem. These approaches are only intended to give an overview of the different possibilities that exist.  Certainly, the City of Burbank can create a policy that is not known to exist in any other city.

City of Los Angeles Policy � Total Property Owner Responsibility

The City of Los Angeles does not provide maintenance or reimbursement for sewer laterals damaged or clogged with parkway tree roots. Their policy places the responsibility for the construction, maintenance and repair of sewer laterals entirely on the property owner.  This policy is consistent with the cities of Glendale, Pasadena and San Fernando (See Attachment 2). For these cities, the property owner pays the full cost of sewer lateral replacement even if the lateral is crushed or misaligned by parkway trees.

A notice printed in the City of Los Angeles, Department of Public Works News states:

Regarding tree roots and sewer laterals, the City�s Attorney�s opinion states, in part: ��that this rule is not altered by the fact (if it is a fact) that roots of trees growing in the street caused clogging of the sewer line.�  The privilege is granted to the house owner to connect his house with the publicly owned street sewer main line and the duty to keep clean the privately owned sewer lateral rests upon the owner of such house connecting sewer, not upon the City.

The rationale behind a property owner owning and maintaining the sewer lateral serving his/her property is as follows: a sewer lateral does not benefit the public as it serves a single lot. Because a portion of the sewer lateral is in the public street does not mean that it is public property. In almost all cases, the property owner holds the underlying title to the center of the street. The public street is an easement over the property owner�s land. The property owner has the legal right to construct and maintain a sewer lateral between his/her private property and the public sewer, subject to the provisions of the City�s municipal code.

City of Brentwood, CA^[1] � City Maintains Sewer Lateral in Right-of-way

The definition of sewer lateral ownership in the City of Brentwood (population 45,000) is the same as Los Angeles and Burbank; the property owner must maintain his own sewer lateral.  In September 2003, Brentwood adopted a new policy where city crews perform some of the maintenance of the sewer lateral.

Under the new program, the City of Brentwood crews maintain the lateral from the property line to the public sewer main and repair this portion if damage is caused by city improvements. Each property is required to have a cleanout at the property line so that city crews can perform the cleaning without entering the private property. All maintenance, repair, and replacement of the lateral line, from the property line back to the building or dwelling unit remains the responsibility of the property owner. 

This program is only open to residents, not commercial properties. When the program started, a charge of $1 per month was added to the utility bill for each resident.  This rate adjusts annually in accordance with the Consumer Price Index and is currently at $1.10 for FY 06-07.  In April 2004, the City had to purchase new equipment and hire one additional person to maintain the sewer laterals.

The City of Brentwood states that the program has been successful since its establishment. Since Brentwood is a relatively young city, almost all properties have cleanouts installed at the property line.  Burbank on the other hand, has very few properties with cleanouts at the property line. Therefore, if Burbank adopted a program similar to Brentwood, cleanouts would need to be installed at the property line.

University City, Missouri � City Pays for Repair, 10 percent Co-pay by Resident

University City (population 38,000) established a program in January 2000 in which the City repairs the entire sewer lateral from the building to the sewer main. The program will pay for the repair or replacement of the sewer lateral less a $300 deductible, a 10 percent co-payment of the total repair cost, and any payment by the homeowner's insurance company. Damaged or blocked pipes located inside the building are not covered under this program.

Once the $300 deductible and 10 percent co-payment requirements are met, the City's program will cover the remaining 90 percent of the expenses specifically related to the approved repair or replacement of the sewer lateral, including excavation, repair or replacement of the sewer lateral, backfilling, pavement, and seeding. The program does not cover restoration of landscaping.  A $50 annual fee is added to each property owner�s property tax bill to pay for this program.  Only residential buildings up to six units are covered under this program.

To qualify for this program, the resident must submit an application form, a videotaped inspection of the sewer lateral, a sketch that indicates the defect, and original paid receipts from licensed plumbers to demonstrate the severity of the problem. Upon submittal of the application form, the owner receives design specifications from the City. The homeowner must obtain at least three (3) bids based on the City's specifications. The City reviews the application package and approves the lowest, responsive bid.

Santa Barbara, CA � City Reimburses for Repair, 50 percent Co-pay, $2,000 Cap, Required Inspection

The City of Santa Barbara (population 90,500) recently established a $200,000 annual Wastewater Fund to support a rebate program for sewer lateral inspections or repairs.  This program will take effect in 2007 and was established to reduce the number of overflows caused by poorly maintained laterals and high groundwater causing infiltration.  The reduction of infiltration one of the primary reasons why this program is not considered a gift of public funds. In the City of Burbank, groundwater infiltration does not occur due to the low water table.

The program reimburses residential properties of three units or less 50 percent of sewer repair costs up to $2,000.  Additionally, a $150 rebate is being offered for inspections on private sewer laterals found to be in good condition and not in need of repair. 

Sewer lateral inspections are required every ten years for commercial and common interest buildings (condominiums).  Sewer lateral inspections are required on residential properties if home additions meet or exceed 400 square feet or the addition of two or more plumbing fixtures.  The inspection is not required if the property has had an inspection or a permitted repair within the last three years or a full lateral replacement within the last 20 years.

The Santa Barbara program is in its infancy and its success is uncertain. 

Summary of Programs

The table below summarizes five different options for a sewer lateral program.  Burbank can model its program after one of these cities, modify one of them, or create its own.

Key Factors

Before any new program is implemented in the City of Burbank, three important factors must be analyzed. These factors are equity, liability, and cost.   

Equity

The public sewer system in the City of Burbank provides for the conveyance of sewage from homes and businesses to the Burbank Water Reclamation Plant or to the City of Los Angeles.  Approximately 70 percent of the public sewer mains are located under the street. It is only in these areas where tree roots from a parkway tree can block a private sewer lateral.

The remaining 30 percent of the public sewers are located in alleys or easements at the back of the property. Therefore, these residents will never experience any problems with parkway tree roots. A sewer lateral program designed to alleviate the problems with parkway tree roots will have no benefit to these residents.

In considering this equity issue, one option is to have the sewer lateral program be optional for residents.  Only those residents who pay into the program will be eligible to have their sewer lateral repaired at the City�s expense. This would operate similarly to the Emergency Medical Services (EMS) Program where residents pay $4 per month and do not need to pay for ambulance services should they be needed.  

There are a relatively small number of households participating in the EMS Program (approximately 11 percent). The number of households that would take advantage of a sewer lateral program is unknown. A sewer repair program may need to be subsidized if costs exceed the amount paid into the fund. 

Another issue that must be addressed is whether the repair of a private sewer lateral is a gift of public funds. Article 16, Section 6 of the California Constitution prohibits any city from giving aid or a gift of public money to any individual (Attachment 3). Some cities have answered this question by reasoning that the repair of sewer laterals reduces groundwater infiltration into the public sewer system.  Any reduction in infiltration will reduce treatment costs for the city or agency. Since Burbank�s groundwater table is low and infiltration is not a problem, this reasoning cannot be used for our city. Another explanation would need to be made for the use of public funds for private sewer laterals.

Liability

Should the City assume responsibility for any portion of the sewer lateral that serves a residence, the City may be liable for any overflow from that sewer lateral.  Sewer lateral overflows can result in health hazards and significant property damage. To prevent any overflows from sewer laterals, they would require regular maintenance. 

In order to perform maintenance on a private sewer lateral, a cleanout at the property line should be installed.  This would allow the City crew to avoid going onto a private property to perform work.  Unfortunately, only a handful of residents in the City currently have a cleanout at the property line.  If City maintenance of sewer laterals is incorporated in Burbank�s sewer lateral program, this issue must be addressed.

There is also an issue of liability if any repair or replacement of a private sewer lateral is performed by City crews or a contractor hired by the City.  The City may be liable for any future problems with that lateral.  As stated above, these future problems may include health hazards or significant property damage.

Cost

As stated previously, any additional service or reimbursement for private sewer laterals will require additional revenue to offset the additional costs.  Costs include the actual repair and maintenance, as well as administrative costs to implement the program.  If it is desired for City crews to perform the maintenance, one or two additional staff and equipment may need to be included in the cost.  Due to the countless options available for a sewer lateral program, the costs will be analyzed once further direction is given.

Revenue to offset these costs can be accomplished through increasing sewer rates or establishing an optional program similar to the EMS Program.  The first few years of any new sewer lateral program would provide data to allow the City to adjust fees according to the actual participation and costs.   

Alternatives

Public Works has evaluated these cities� policies and analyzed them with respect to Burbank�s sewer system. The three alternatives listed below were chosen by Public Works as the best approaches for the City of Burbank.  If Council wishes to adopt a new policy, Public Works will return to Council with a sewer lateral program and an associated resolution/ordinance consistent with the alternative selected. 

Alternative 1 � Status Quo

The first alternative is to continue with the current reimbursement policy.  Last fiscal year, there were only three instances where the City reimbursed a resident for tree root damage to their sewer lateral.  This is a relatively small number compared to the estimated 25,000+ sewer laterals in the City of Burbank. 

This alternative provides the possibility of reimbursement in certain cases, which is more generous than the policies of the surrounding cities.  In addition, maintaining the current reimbursement policy eliminates any confusion associated with a policy change.  A rate increase would not be required under this alternative unless there was an increase in the number of claims reimbursed.

Alternative 2 � Property Owner Responsibility

The second alternative is to adopt a sewer lateral policy similar to that of surrounding cities.  Property owners would be responsible for their own lateral to the sewer main without the possibility of reimbursement. A rate increase would not be necessary under this alternative because the City would not incur any additional costs.

There are many reasons for this approach. First, since a sewer lateral only serves an individual lot, there is no public benefit to maintain or replace it. This is similar to water lines on private property that only serve one property. Only that property owner is responsible for the cost.

Second, property owners without sewer lateral problems should not be subsidizing the cost for the small percentage of residents that are having problems. There were only eight claims filed in fiscal year 2005-06 for sewer lateral repairs. 

Third, tree roots do not enter a sewer pipe unless there is an opening in the pipe to allow the roots to intrude.  The City should not have to pay for maintaining or repairing a sewer lateral that was not properly built or maintained.

Those residents who have problems with their sewer lateral have a few options available to them.  First, an annual maintenance contract with a plumber to clear out intruding roots will prevent any blockages. Second, should the replacement of a sewer lateral be necessary, a homeowner can obtain a home equity loan to pay for the work.  Home prices have risen to the extent where almost every property owner has available equity.  In addition, the Redevelopment Agency currently provides grants and low interest deferred loans to low-income households specifically for code items such as sewer repair (see Attachment 4).

Alternative 3 � Required Inspection

A third alternative would be to require inspection of private sewer laterals. The inspection would make the resident and the City aware of the sewer lateral condition.  Poorly maintained laterals allow roots to grow in them requiring a plumber to remove the roots.  Once removed, roots are sometimes released into the City owned main lines where they can cause a blockage or sewage spill.  Blockages by roots are the leading cause of spills in the publicly maintained part of the system.

This alternative would require inspection of private sewer laterals based on certain key activities.  These activities for residential properties should include the following:

• transfer of property;

• addition or remodel of property that includes the addition of 400 square feet or more of dwelling space, and/or increases the number of plumbing fixtures;

• upon identification of defects during routine collection system inspection (smoke testing and CCTV inspection); or

• after a spill from the private lateral to the public right of way. 

The lateral inspection requirements may reveal major defects in the sewer lateral that will require the potentially expensive replacement of the sewer lateral. Having the lateral inspection requirements as part of major financial transactions such as property transfers or home additions or remodels, may allow the homeowner to absorb the cost impact more easily.  Similar to existing termite inspection at the point of sale, this program would provide new property owners a level of confidence that there are no hidden property defects. 

Sewer line inspection (CCTV) would be performed by a licensed plumber and is expected to cost about $200 per property.  Lateral replacement on a residential property typically ranges from $3,000 to $10,000, but it is on a case-by-case basis and many factors must be considered such as depth and surface encroachments that can increase the cost substantially.  Certain properties that have replaced their laterals within the past 20 years with plastic pipe will not be required to have the inspection performed unless the line has caused a spill or failed a previous inspection.  Additionally, properties that have been inspected and found to be in good condition within the past three years will also not be required to perform the inspection.

Additional staffing would be needed to review the sewer lateral CCTV recordings and to maintain a database to track all inspections performed.  In order to pay for this program, Public Works recommends that 25 cents per month be added to the sewer service charge for each single-family residence to cover the cost of this additional staff time. 

At this time, a number of public agencies in California are working together to propose legislation that would require this inspection of sewer laterals at the time of property sale.    The benefit of a statewide program is that the realty lobby�s concerns can be addressed at once instead of at each city that attempts to implement an inspection program. Public Works continues to support this statewide legislation.

Recommendation � Alternative 2: Property Owner Responsibility

Good public policies achieve the greatest public benefit in an equitable manner at the lowest possible cost.  Therefore, Public Works recommends Alternative 2, following the same sewer lateral policy as that of surrounding cities. Property owners would be responsible for their own lateral to the sewer main. This policy would be consistent with Glendale, Pasadena, Los Angeles and San Fernando.

Adopting a policy consistent with surrounding cities will help to keep Burbank�s sewer rates competitive because it does not place the burden of repairing private sewer laterals on the public.  Additionally, this policy removes the City�s liability for sewer lateral blockages or breaks.  It allows the City to focus its attention on the public sewer mains and water reclamation plant, which benefits all residents.

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