Editor's Note — Ord. no. 430 §2, adopted September
14, 2009, repealed ch. 530 and enacted new provisions set out herein.
Former ch. 530 derived from ord. no. 395 §3, 5-14-2007.
[Ord. No. 430 §2, 9-14-2009]
A. For
purposes of the City's residential sewer lateral repair program, the
following terms shall mean:
DEFECTIVE SEWER LATERAL
A sewer lateral not functioning properly because of:
1.
Collapsed or broken to the extent that adequate flow is not
permitted,
2.
Severe offset of a joint that does not permit adequate flow,
severe backfall or belly that does not permit adequate flow, or
3.
Severe blockage that cannot be physically cleaned out;
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provided however, that sewer lines that have become clogged
due to tree roots or the entry of excessive or improper materials
are not a defect covered by this policy.
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MSD
The Metropolitan St. Louis Sewer District.
OWNER
Owner of a residential property or other person or entity
responsible for the sewer lateral of a residential property.
RESIDENTIAL PROPERTY
Real estate used for residential purposes and containing
not more than six (6) dwelling units.
SEWER LATERAL
That portion of the sewage system consisting of a line or
pipe (excluding any mechanical, electrical or tank components) that:
1.
Carries household waste to the MSD or private sewer main and
which;
2.
Begins six (6) inches from the cast iron or plastic stub-out
point outside the foundation or exterior wall of the residential dwelling
structure;
3.
Is not located under a building, structure or pavement; and
4.
Ends at the MSD or private sewer main, regardless of whether
the pipe is located in the front, side or rear yard.
B. There
is hereby levied on residential property, and the St. Louis County
Collector is hereby authorized and directed to collect same on behalf
of the City, an annual fee in the amount of zero dollars ($0.00) for
each lateral sewer service line serving the residential property.
[Ord. No. 605, 10-28-2019]
1. The City shall deposit such fees in a separate interest-bearing account
for the exclusive use of this program and shall account for and disburse
all funds in the same manner as all other City funds.
2. The City's Building Inspector shall administer all facets of this
program and shall maintain files of all applications made, work performed,
and costs paid pursuant to this program.
[Ord. No. 430 §2, 9-14-2009]
A. The
owner of a residential property may recover sixty percent (60%) of
eligible program costs incurred to repair a defective lateral sewer
serving the property, such sum not to exceed three thousand dollars
($3,000.00) as provided herein.
B. Commercial
and industrial properties and multi-family and condominium developments
that contain more than six (6) dwelling units per building are not
eligible for the program.
C. Any
owner who fails to comply with this Chapter or who is delinquent in
paying the assessed sewer lateral repair fee shall not be eligible
to participate in the program.
D. Notwithstanding
anything herein to the contrary, the City shall be obligated to cover
eligible program costs only to the extent funds are available in the
separate interest-bearing account established in this Chapter.
[Ord. No. 430 §2, 9-14-2009]
A. If
an owner is experiencing a problem with the lateral sewer service
line, the owner must contact a plumber/drain layer company, licensed
in St. Louis County, to have the line cabled and cleared. This cost
is not eligible for reimbursement under the program.
B. If
the problem is not resolved by cabling of the line, the owner may
arrange for the Metropolitan Sewer District to perform a dye test
to determine whether the suspected source of the problem is the sewer
lateral rather than the sewer main. If the source of the problem lies
in the sewer lateral, the owner shall hire a contractor to televise
the line so that the cause of the problem can be determined. The contractor
shall mark the location of any line failure(s) on the ground surface
of the residential property.
[Ord. No. 430 §2, 9-14-2009]
A. If
the investigation reveals a defective lateral, the owner shall file
an application on forms provided by the City, together with evidence
of the location of the line failure, a copy of the property owner's
most recent paid real estate tax bill for the residential property
and an application fee to be approved by the Board of Aldermen from
time to time. The City shall review the application and determine
program eligibility.
B. If
the application establishes program eligibility, the City shall solicit
bids for the necessary repair work from at least three (3) St. Louis
County licensed plumbers or drain layers or if a yearly bid is taken,
the chosen contractor. Solicitation of bids may also be sought for
individual repairs even if a yearly bid has been taken and the City
may waive bid solicitation in cases of emergency as determined by
the City.
C. From
the bids received, the owner may hire the contractor who submitted
the lowest and best bid to repair the defective sewer lateral. The
contractor shall obtain any necessary permits from the City and St.
Louis County and shall perform the work in compliance with all applicable
codes and ordinances. The contractor is expected to accomplish the
contracted work within a fourteen (14) day period.
D. On
completion of the corrective work and confirmation by the City and
the owner that the work has been accomplished in satisfactory fashion,
the City shall pay either the owner or the contractor, at the owner's
direction, sixty percent (60%) of the eligible program costs.
E. For
program participation, the owner acknowledges and agrees that the
contractor shall be deemed an independent contractor of the owner
and that the City has no obligation or responsibility for the contractor's
performance or for any damages caused to the residential property
because of the contractor's actions or the defective sewer line.
[Ord. No. 430 §2, 9-14-2009]
A. Eligible
program costs include:
1. The cost of televising the line, provided that the test reveals a
defective sewer lateral, up to a maximum of one hundred fifty dollars
($150.00), and
2. The costs of excavation, repair or replacement of the defective portion
of the line, backfilling and seeding/strawing of the disturbed portion
of the yard.
B. Eligible
program costs do not include:
1. Any additional work requested by the owner not included in the City's
bid solicitation;
2. The relocation or restoration of any facilities necessary to perform
the corrective work, including any structures, utilities, swimming
pools, garages, porches, fences, patios, retaining walls, etc.;
3. The restoration of any landscaping, gardens or fill/reseeding made
necessary by subsequent settling of the dirt and grass;
4. The cost of repair or replacement of any mailbox, sprinkler system,
underground pet fence or any damage to property caused by the contractor;
5. The repair or restoration of any concrete or asphalt sidewalks, driveways,
streets or walkways;
6. The repair or restoration of any public property damaged in the course
of the corrective work;
7. The establishment of any new grade requiring off-site fill;
8. The costs of any damage incurred by the owner for damage to the interior
of the residential property caused by a defective sewer lateral or
for loss of income;
9. The costs of any damage caused by natural occurrence (earthquake,
flood, lightning, wind, etc.) or by intentional or negligent acts
of the contractor or any third (3rd) person; and
10. Any similar cost, loss or damage incurred by the owner.