No person shall uncover, make any connection with or opening
into or use, alter or disturb any public sewer or appurtenance thereof
without first obtaining a written permit from the Superintendent in
accordance with the regulations as established by the Town.
The Superintendent shall be notified at least 48 hours (two
workdays) before the beginning of any work upon building sewers or
connections.
There shall be two classes of building sewer permits: Class
1 for residential and Class 2 for establishments producing commercial
or industrial wastes. In either class, the owner or his agent shall
make application on a special form furnished by the Town. The permit
application shall be supplemented by any plans, specifications or
other information considered pertinent in the judgment of the Superintendent.
[Amended 10-11-1994 by L.L. No. 9-1994]
All costs and expenses incidental to the installation and connection
of a building sewer from the public sewer to the building drains shall
be borne by the owner of the property being served. The owner shall
defend, indemnify and hold harmless the Town and its applicable special
sewer improvement district for any loss or damage that is caused by
the owner's installation, maintenance or repair of the building sewer.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and tested by the Sewer Inspector
to meet all requirements of this chapter.
The building sewers shall be constructed in accordance with
the applicable provisions of the requirements and specifications as
established by the Town.
All necessary permits for the opening of the Town, county, state
and village streets or highways shall be obtained from the State,
County, Town or Village Highway Department, as the case may be, in
advance of the issuance of any building sewer permit.
[Amended 10-11-1994 by L.L. No. 9-1994]
A. Building sewers shall be serviced and repaired by the owners of the
property being served to a point having a distance of one foot from
the edge of the pavement of the street in which the connecting public
sewer is located. Service and repairs of building sewers within the
paved areas of public right-of-way shall be served by the Town or
the appropriate sewer improvement district, except in the case of
building sewers utilizing private individual pumping systems, in which
case the property owner shall be responsible for such services and
repairs in a fashion approved in advance by the Town or improvement
district. Evidence of willful damage to building sewers being served
by the Town or the improvement district shall be a violation of this
chapter.
B. The property owner's installation of a building sewer and the parcel's
continuing use of the public sewer collection facilities shall bestow
upon the Superintendent, or that person's agents and servants, a continuing
right of entry upon the building owner's property to access and make
repairs to the building sewer where such repairs have not been made
by the owner and the building sewer's condition threatens the health,
safety and welfare of the community. In the event that the Town or
its improvement district is required to make such repairs, due to
the owner's default, the Town shall be entitled to reimbursement of
all reasonable and necessary design, construction, engineering, legal
and related expenses incurred as a result. In the event of the owner's
failure to reimburse the Town for these expenses, the Town shall have
the following options:
(1) It may commence suit against the owner to recover such costs, as
well as to recover its reasonable and necessary attorneys' fees in
prosecuting such claims; or
(2) The Town may charge such sums against the owner's real property by
adding such expenses to and making them a part of the next annual
real property tax assessment role of the Town. Such charges shall
be levied at the same time and in the same manner as Town assessed
taxes and shall be paid to the Town supervisor to be applied in reimbursing
the funds from which the costs were defrayed; prior to charging such
assessments, the owner of the real property shall be provided written
notice at the last known address of record, by certified mail/return
receipt requested, of an opportunity to be heard before the Town Board
and object to the proposed real property assessment at a date to be
designated in the notice, which date shall be no less than 30 days
after its mailing.
Persons must report to the Superintendent, in writing, within
24 hours after the completion of any work by them, every connection
or disconnection made between any building and the sewer system aforesaid
or between any building connection and said sewer system.