The proposed ordinance could cost Malibu real estate buyers and sellers thousands of dollars.
By Dena Feingold / Special to The Malibu Times
A proposed ordinance to identify aging and faulty septic systems is going before the City Council for a second time. The ordinance would require an inspection by a third party of an existing septic system at the time of sale or transfer of residential or commercial property, which could potentially cost Malibu homeowners and businesses thousands of dollars. The Malibu Association of Realtors is opposed to the proposed ordinance, saying it will significantly impact the purchase and sale of homes in Malibu through delays and additional expenses.
“As initially written, this ordinance would create significant difficulties associated with the sale and purchase of homes within the City of Malibu,” MAR President Christine Rodgerson said. “There would be a mandatory fee, as yet undetermined, associated with the inspection of all septic systems. The criteria of acceptability are sufficiently vague in that there may be a high likelihood that a substantial percentage of systems will fail, causing lengthy delays in escrow closing and considerable expense in upgrading delinquent systems.”
The proposed ordinance is an opportunity for the city to obtain surveys, said Craig George, Malibu’s environmental and building safety manager, so there is a city record of where existing septic systems are and how big they are on properties they may not have any records for. “It’s an opportunity during the time of a [real estate] transaction to verify and make sure of two things,” George said. “One, that the septic system is functioning, and we believe probably that a very, very large percent of them will be, and secondly, to identify any grossly failing systems.”
Malibu Realtors are concerned for homeowners who choose to sell their property or transfer title to a family member and say the ordinance will put substantial pressure on them. “Malibu has a large number of older septic systems that are still functioning,” Rodgerson said. “Under the inspection guidelines of this ordinance, these systems will automatically fail. Obviously, this constitutes an unreasonable and unfair burden on homeowners.”
Replacement costs start at $55,000 to $60,000 said Russell Mosser of Mosser Plumbing, who has been servicing and replacing septic systems in Malibu for more than 20 years. Here in Malibu, Mosser said, if a septic system fails, then the entire system needs to be replaced. “A failing system is defined by the dispersal of the water into the soil, whether it’s a seepage pit or a leach field,” Mosser said. “If the soil can’t take anymore absorption of the water, then it’s a failed system.” However, a deteriorated or collapsed septic tank can be replaced without the need to replace the entire system, he said.
The Malibu Realtors say this ordinance mandates a procedure that is already in place. “All buyers are advised to have the septic system inspected as part of the purchase process,” Rodgerson said. “Unless the property is going to be completely renovated, buyers generally comply with this advice. If a septic system fails inspection, the buyer and seller are usually able to negotiate a settlement to repair or replace the system prior to the close of escrow.”
Inspecting septic systems is a way to protect the homeowner, the public health and safety, and the environment, George said. “Depending on the location, a leaking septic tank can further degrade the waters in California,” George said. “We are obligated as a city to the state of California to protect public waters.”
Also, under bill AB 411, all city beaches from Ventura County line to Palos Verdes must meet strict health standards regarding bacterial pollution, some of which might be caused by failing septic systems. Cities that fail to do so face stiff penalties.
While the Malibu real estate community in is support of eliminating sources of pollution in our ocean, “we feel that this ordinance will not achieve that goal,” Rodgerson said.
“Other than our concern for the environment, there are no positive aspects for Realtors, either as professionals, homeowners or citizens,” Rodgerson said. “Unfortunately, we do not believe that this ordinance will make a significant environmental impact in light of the very small number of homes that are sold in Malibu each year relative to the total number of septic systems within the city.”