[R.O. 2016 § 520.010; R.O. 2011 § 525.010; Ord. No. 292 § 1, 5-6-2009; Ord. No. 495 § 1, 8-3-2016; Ord. No. 18-36, 12-5-2018; Ord. No. 19-17, 9-18-2019; Ord. No. 22-01, 1-5-2022]
As used in this Chapter, the following terms shall have the
meanings ascribed to them:
ELIGIBLE OWNER
The owner of record of:
1.
Real property on which a single-family home, duplex or other
residential building containing not more than six (6) dwelling units
is located;
2.
A condominium located in a building containing six (6) or less
condominium units; or
3.
A condominium responsible for its own individual lateral sewer
line.
LATERAL SEWER SERVICE LINE
A sewer line which extends from outside of the building foundation wall or exterior wall to the sewer main. It does not include a sewer line located under any part of a building or structure as defined under Chapter
400 of the Zoning Code. A lateral sewer service line may be in a "front," "side" or "rear yard" (as those terms are defined in Chapter
400 of the Zoning Code).
PROGRAM ADMINISTRATOR
The City Clerk of Twin Oaks or his/her designee, provided
that any delegation of responsibility shall be made only to another
City employee.
[R.O. 2016 § 520.020; R.O. 2011 § 525.020; Ord. No. 292 § 1, 5-6-2009; Ord. No. 495 § 2, 8-3-2016; Ord. No. 18-36, 12-5-2018; Ord. No. 19-17, 9-18-2019; Ord. No. 22-01, 1-5-2022]
A. Program Coverage And Administration. Subject to the Program Cap set
forth below, the Program allows an Eligible Owner to recover (1) one
hundred percent (100%) of the Eligible Owner's costs to video the
Lateral Sewer Service Line, and (2) seventy-five percent (75%) of
the Eligible Owner's costs in repairing Lateral Sewer Service Line
serving the Eligible Owner's residence ("Eligible Costs"), when a
repair is determined necessary by the Program Administrator in consultation
with a licensed plumber or drain layer and upon compliance with the
City's Sewer Lateral Program. Notwithstanding the above, the maximum
amount available for repayment under this program for any sewer lateral
repair shall be five thousand dollars ($5,000.00) (the "Program Cap").
The Program Cap may be adjusted from time to time when it is determined
by the Board of Aldermen that the available account funds warrant
such adjustment. The Program's responsibility is limited to reimbursement
of funds paid by the Eligible Owner for videoing, excavation and repair
of the damaged Lateral Sewer Service Line and backfilling in a workmanlike
manner. The Program is not responsible for the replacement of private
sidewalks and parts of paved driveways removed or damaged to repair
a defective Lateral Sewer Service Line. In administering the Program
as detailed herein, the Program Administrator is hereby delegated
reasonable discretion in interpreting and enforcing the rules, limits,
and provisions of the Program.
B. Eligible Owner's Responsibility. It is the responsibility of the
Eligible Owner to restore landscaping, hardscaping, and ground cover,
including grass in whatever manner they choose. The Program does not
cover the cost to replace any trees, shrubs, flowers, sod, private
drives and walks, decks, retaining walls, fencing, tile, carpet, or
outbuildings that may be damaged during the videoing or repair of
the Lateral Sewer Service Line.
C. Program Reimbursement. The Program will reimburse the Eligible Owner
for Eligible Costs, as described herein, up to the Program Cap for
a repair of a Lateral Sewer Service Line. Any other charges for a
single repair will become the responsibility of the Eligible Owner
of a covered Lateral Sewer Service Line repair. All costs are to be
paid by the Eligible Owner at the time of the videoing of the Lateral
Sewer Service Line and/or at the time the Lateral Sewer Service Line
is repaired. Reimbursement will be issued directly to the Eligible
Owner upon the Program Administrator's receipt of satisfactory documentary
proof that the videoing and/or repair has been completed and paid
in full.
D. Clean Before Repair. Before inquiring with the Program Administrator
about eligibility for repair reimbursement, property owners must attempt
to clean out the Lateral Sewer Service Line by engaging a licensed
plumber or sewer cleaning service.
E. Review
Of Video. If a blockage in a Lateral Sewer Service Line occurs that
cannot be removed by a plumber or sewer cleaning service or a sinkhole
is observed, there may be a break in the Lateral Sewer Service Line.
If such a condition exists and an Eligible Owner desires to participate
in the Program, the Eligible Owner must contact a licensed plumber
or drain layer to have the line videoed. The Eligible Owner must arrange
to have a City employee designated by the Program Administrator present
at the time the line is videoing so that it may be reviewed to verify
the break in the sewer lateral. A copy of the video must also be sent
to the Program Administrator as part of any application for reimbursement.
F. Bids
Required. Eligible Owners are required to obtain three (3) bids from
a licensed plumber or drain layer for the repair of the Lateral Sewer
Service Line. The Eligible Owner then contracts with the lowest bidder
for the repair. The Program Administrator may determine if a repair
is an emergency and in so doing waive the bidding requirements.
G. Other Program Requirements.
1. Repairs To City Streets. If a repair to a Lateral Sewer Service Line
necessitates cutting into a City street, any bid obtained, or work
contracted, by an Eligible Owner shall provide for the owner's contractor
to cut and repair the City street right-of-way subject to obtaining
an excavation permit from the City, providing twenty-four-hour notice
to coordinate City inspection(s), and performing the work in accordance
with Twin Oaks, St. Louis County and the Metropolitan St. Louis Sewer
District (MSD) requirements, specifications, and details. The Program
will assume responsibility for the inspection and cost of any repairs
to City streets made in relation to an eligible repair to ensure consistent
and complete repair according to St. Louis County and the MSD requirements,
specifications, and details for excavation, backfill, and pavement
repair. The Program shall use the Program fund for the costs of the
street repairs necessitated by the repair of a Lateral Sewer Service
Line.
2. Permits Required. The Eligible Owner or his/her contractor shall
obtain all necessary permits. The work must be performed in compliance
with applicable codes.
3. No Warranty Or Guarantee. The Program makes no warranty for, makes
no guarantee regarding and has no obligation or responsibility for
the performance of the Eligible Owner's contractor. The Program shall
have no responsibility for any damage caused to the Eligible Owner's
property because of sewer line defects or defective repair work.
H. Program Amendments. The Program may be amended only by an ordinance
adopted by the Board of Aldermen. The Program Administrator shall
prepare and submit to the Board of Aldermen a brief written review
of the program's operation at least annually and may propose amendments
at that time or at any other time determined necessary for the efficient
conduct of the program.
[R.O. 2016 § 520.030; R.O. 2011 § 525.030; Ord. No. 292 § 1, 5-6-2009; Ord. No. 18-36, 12-5-2018; Ord. No. 19-17, 9-18-2019; Ord. No. 22-01, 1-5-2022]
Pursuant to Section 249.422, RSMo., and as approved by the voters
of Twin Oaks, a maximum charge of twenty-eight dollars ($28.00) shall
be assessed annually on residential property for each lateral sewer
service line serving six (6) or less dwelling units on that property
and condominiums that have six (6) or less condominium units per building
and any condominium responsible for its own individual lateral sewer
line to provide funds to pay certain costs of repairs of defective
lateral sewer service lines for those dwelling units. If a payment
is not received by the date indicated in such assessment, a late fee
of one percent (1 %) is assessed monthly.
[R.O. 2016 § 520.040; R.O. 2011 § 525.040; Ord. No. 292 § 1, 5-6-2009; Ord. No. 18-36, 12-5-2018; Ord. No. 19-17, 9-18-2019; Ord. No. 22-01, 1-5-2022]
Any person violating any of the provisions of this Chapter shall be deemed guilty of an ordinance violation and subject to penalty according to the general penalty provisions set forth in Section
100.220 of this Municipal Code of Twin Oaks.