[R.O. 2011 § 705.270; R.O. 2009
§ 52.60; Ord. No. 02-149, 6-24-2002; Ord. No. 03-317, 12-5-2003; Ord. No.
04-137, 7-12-2004]
For the purposes of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
The City of St. Charles Public Works Department.
The City of St. Charles Public Works Director or his/her
designee.
Real estate within the City, identified by a single locator number and which the St. Charles County Assessor's office classifies as: Class 1 — Single-Family Residence (R), Class 13 — Duplex (R), Class 14 — Condo Residential (R), Class 19 — Single Unit Apartment (R), Class 31 — Residential Triplex (R), Class 41 — 4 Units (R), Class 54 — 5 Units (R) or Class 64 — 6 Units (R). Residential property shall also mean a bed and breakfast as defined in Section 400.050 of this Code, provided that said bed and breakfast is carried on entirely within the dwelling unit by a member of the family residing in the dwelling unit.
That portion of a residential property's sanitary sewer piping
that runs between the foundation of the residential property and a
sewer main, not including treatment tanks, pumps or other equipment.
It also does not include a line located under any part of any building
or within exterior walls.
The patching or replacement of a defective sewer lateral
line, including associated digging and the replacement of dirt and
seeding of affected areas. Sewer lateral repair shall not include
replacement of landscaping or ornamental structures but shall include
replacement of structural facilities required for safe occupancy of
a residence or safe use of a property, such as sidewalks, driveways
and pavement.
[R.O. 2011 § 705.280; R.O. 2009
§ 52.61; Ord. No. 02-149, 6-24-2002; Ord. No. 03-317, 12-5-2003; Ord. No.
10-145 § 1, 7-8-2010; Ord. No. 11-237 § 1, 11-16-2011; Ord. No. 12-196 § 1, 11-8-2012; Ord. No. 13-164; § 1, 9-3-2013; Ord. No. 16-183 § 1, 9-20-2016; Ord.
No. 19-226, 10-15-2019; Ord. No. 22-167, 12-20-2022]
There is hereby imposed upon all residential property within the City served by City sewer an annual fee in the amount stated in Section 150.030 for the purposes of sewer lateral repair
[R.O. 2011 § 705.290; R.O. 2009
§ 52.62; Ord. No. 02-149, 6-24-2002; Ord. No. 10-145 § 2, 7-8-2010; Ord. No. 18-155, 7-17-2018]
There is hereby established a special revenue fund, to be designated as the Sewer Lateral Repair Fund, in which shall be deposited all monies collected by the St. Charles County Collector of Revenue pursuant to the fee authorized by Section 705.280. All monies received thereby shall be deposited in this fund upon receipt, together with all interest generated on deposited funds, and shall stand appropriated upon receipt for payment of costs reasonably associated with and necessary to administer and carry out the defective lateral sewer line repairs provided for by the Sewer Lateral Repair Program. The Finance Director shall administer and disburse funds from this fund upon authorization of the Public Works Director. A program participant may recover ninety percent (90%), not to exceed seven thousand five hundred dollars ($7,500.00), of the authorized costs incurred for sewer lateral repair.
[R.O. 2011 § 705.300; R.O. 2009
§ 52.63; Ord. No. 02-149, 6-24-2002]
A.
Persons who wish to participate in the Sewer Lateral Repair Program shall complete an application on forms to be created and provided by the department. In order to be eligible for participation in the program, applicant shall, in addition to any other requirements imposed by the rules and regulations adopted pursuant to Section 705.340:
1.
Provide satisfactory proof of ownership
or consent to repair by the owner(s) of all premises on, over and
under which sewer lateral repairs are to be effected. Provide copies
of paid St. Charles County real and personal property tax bills and
make payment of all past due City bills;
2.
Provide written certification that
neither the applicant(s), the owner(s) nor anyone on their behalf
will make any claim against or seek any relief from the City arising
out of or in connection with any work done or any action taken in
connection with the Sewer Lateral Repair Program. Applicant shall
further certify applicant's acknowledgment that the City is not responsible
for the acts of the contractor making the sewer lateral repairs and
that applicant shall indemnify the City and hold it harmless from
any and all claims arising out of the applicant's participation in,
and work performed and actions taken in connection with, the Sewer
Lateral Repair Program;
3.
Provide written certification of
a properly licensed master plumber or master drainlayer that the sewer
lateral has been cabled and that cabling did not resolve the problem.
The certification shall not be dated more than six (6) months prior
to the date of application;
4.
Provide a written statement from
a properly licensed master plumber or master drainlayer advising of
the nature and location of the problem, in such detail that Director
may adequately determine both the nature of the problem and the bidding
requirements for sewer lateral repair;
5.
Certify that applicant has the authority
to and does consent to the performance of sewer lateral repair work
on and about the property described in the application, that applicant
will not interfere with the work to be performed by the contractor
selected by Director, and that applicant shall reimburse the City
for all expenses incurred by the City on applicant's behalf in the
event that applicant withdraws permission to proceed or otherwise
interferes with performance of work authorized under this program;
and
6.
Certify that applicant understands
and acknowledges that sewer lateral repair includes only the patching
or replacement of a defective sewer lateral line, including associated
digging and the replacement of dirt and seeding of affected areas,
and does not include replacement of landscaping or ornamental structures
but only replacement of structural facilities required for safe occupancy
of a residence or safe use of property.
[R.O. 2011 § 705.310; R.O. 2009
§ 52.64; Ord. No. 02-149, 6-24-2002]
Upon determination by the Director
that an applicant is eligible to participate in the Sewer Lateral
Repair Program, the applicant shall contact a sufficient number of
City licensed contractors so that a minimum of three (3) competitive
bids will be secured for each repair project.
[R.O. 2011 § 705.320; R.O. 2009
§ 52.65; Ord. No. 02-149, 6-24-2002]
The applicant shall submit at least
three (3) bids to the Director. The amount which the City shall reimburse
to the applicant shall be the bid amount submitted by the lowest responsible
bidder. In determining "lowest responsible bidder," in addition to
price, the Director shall consider: the ability, capacity or skill
of the bidder to perform the contract or provide the service required;
whether the bidder can perform the contract or provide the service
promptly or within the time specified without delay or interference;
the character, integrity, reputation, judgment, experience and efficiency
of the bidder; the quality of performance of previous contracts or
services; the previous and existing compliance by the bidder with
laws and ordinances relating to the contract or service; the sufficiency
of the financial resources and ability of the bidder to perform the
contract or provide the services; the quality, availability of the
supplies or contractual services to the particular use required; the
ability of the bidder to provide future maintenance and service for
the use of the subject to the contract; and the number and scope of
conditions attached to the bid.
[R.O. 2011 § 705.330; R.O. 2009
§ 52.66; Ord. No. 02-149, 6-24-2002; Ord. No. 03-317, 12-5-2003; Ord. No.
10-145 § 1, 7-8-2010]
Administration of the Sewer Lateral Repair Program shall be contingent upon the availability of funding collected or anticipated to be collected pursuant to the annual sewer lateral repair fee imposed by Section 705.280. In addition to the requirements for Sewer Lateral Repair Program participation set forth in Section 705.300, an applicant must provide satisfactory proof that the applicant has paid the annual sewer lateral repair fee or that the applicant will pay the annual sewer lateral repair fee if not yet annually billed for the calendar year in which the applicant desires to participate in the Sewer Lateral Repair Program.
[R.O. 2011 § 705.340; R.O. 2009
§ 52.67; Ord. No. 02-149, 6-24-2002; Ord. No. 07-162, 6-11-2007]
The Director with the approval of
the Mayor shall promulgate rules and regulations to carry out the
purposes and intent of the Sewer Lateral Repair Program to protect
the public safety, health and welfare and to administer the program
in an effective, efficient and timely manner.
[1]
Editor's Note: Ord. No. 18-155, enacted 7-17-2018,
set out rules and regulations governing this program. Said rules are
held on file in the City offices.
