[Ord. No. 366 §1, 4-5-1999]
A maximum charge of seven dollars ($7.00) be assessed quarterly
on all residential property to provide funds to pay the cost of certain
repairs of defective lateral sewer service lines of those dwelling
units.
[Ord. No. 366, 4-5-1999; Ord. No. 13-527 §1, 11-11-2013; Ord. No. 16-561 §1, 10-10-2016]
A.
Definitions. As used in this Article, the following terms shall have
the meanings indicated: A sewer lateral is defined as the portion
of the sewage system which carries household wastes to the Metropolitan
Sewer District (MSD) sewer main. The sewer lateral lies between the
home's foundation wall, or exterior wall, and the MSD sewer main,
which is typically located under the street or in the sewer easement.
The sewer lateral cannot include a sewer line located under any part
of the building. A sewer lateral may be located in a front, side,
or rear yard. These properties in the Village of Marlborough are covered
by the sewer lateral program.
B.
Those properties in the Village of Marlborough, which are single-family
homes, condominiums, and duplexes, are covered by the sewer lateral
program.
C.
The money collected for the Sewer Lateral Fund shall be invested
by the Village until needed. Any interest earned shall be added into
the fund. The money in this fund shall be dedicated to and shall be
used only for sewer lateral repairs. It shall be disbursed as per
guidelines set forth by the Board of Trustees. The Board of Trustees
may periodically amend the guidelines in the best interests of the
residents of the Village, except as they may be restricted by the
State law.
D.
Guidelines for the disbursement of funds shall be as follows: Village
of Marlborough sewer lateral funds will be disbursed to the property
owners who are eligible and have filed completed claims at the time
of incident. Claims will be paid until a twenty-thousand-dollar Sewer
Lateral Account is reached. At that time, the remainder of the claims
will be paid between January 1 and March 1 of the following year.
If there are sufficient funds in the program to cover all claims,
then all of the claims will be paid for those services covered by
the program. If there are not sufficient funds equal to the qualified
claims, then the funds will be divided equally among the qualified
applicants. No property owner shall receive more than the actual cost
of the repair.
E.
A sewer problem is considered eligible to receive Village-held sewer
lateral program funds if, after investigation and documentation in
accordance with the Village's Sewer Lateral Program Policy, the sewer
lateral line is found to be crushed or collapsed due to causes beyond
the control of the property owner.
[Ord. No. 21-606, 2-8-2021]
F.
Cabling is not covered by the sewer lateral program. Sewer cleaning
and rodding are not the responsibility of the Village.
G.
When it is determined that the sewer problem does qualify for Village
funds, then the property owner shall solicit bids for the necessary
work in accordance with the Village's Sewer Lateral Program Policy.
The contractor's bid should include the cost of repairing the sewer
lateral but, if the lateral repair necessitates a cut in the street
pavement, should not include the cost of repairing the street. The
Village of Marlborough will repair the street for any lateral sewer
repair that necessitates a saw-cut into the Village street. To ensure
consistent and proper repairs to Village streets in accordance with
Village specifications, the Village will undertake all street repairs
and is authorized to use moneys from the Sewer Lateral Fund to pay
for the cost of repairing the street and right-of-way necessitated
by the lateral repair.
[Ord. No. 21-606, 2-8-2021]
H.
From the bids received by the property owner, the owner may hire
the contractor which he/she determines to be the best contractor to
repair the sewer line; however, Village payment will not exceed the
amount of the lowest bid. The contractor shall obtain any necessary
permits from the County and be sure the work is done in compliance
with St. Louis County codes. The corrective work, which is subject
to reimbursement from the sewer lateral fund, is limited to excavation,
repair, or replacement of the collapsed portion of the line. Additional
work shall be done at the homeowner's expense.
I.
The Village has no obligation or responsibility for the performance
by the contractor and no responsibility for any damages caused to
the homeowner's property because of the sewer line defects.
J.
In order to collect funds from the Village of Marlborough (within
ninety (90) days of completion of corrective work), the property owner
shall notify the Village of Marlborough that the work is completed.
The property owner shall file with the Village of Marlborough:
1.
A copy of all three (3) bids received.
2.
A written statement, from the contractor selected by the property
owner, that the work is complete.
3.
An itemized bill from the selected contractor.
4.
A copy of paid invoices and lien waiver from the licensed contractor
who completed the work.
5.
Proof of paid real estate taxes.
K.
No person shall perform excavation work in the ROW without an excavation permit per Section 616.060. Any person desiring to excavate in the ROW shall first apply for an excavation permit, on an application form provided by the Village, and submit the application fee and pay all applicable fees to obtain an excavation permit, in addition to any other building permit, license, easement, or other authorization required by law, unless such excavation which must be performed on an emergency basis as provided in Sections 616.060(E) of the Marlborough Code. With the excavation permit, the contractor shall also provide proof of insurance and a performance bond in compliance with Section 616.140.
[Ord. No. 21-606, 2-8-2021]
