[Ord. No. 338 § 1, 9-11-2017]
This Chapter shall be known as and may be cited as the "Lateral Service Inspection Program."
[Ord. No. 338 § 2, 9-11-2017]
For the purposes of this Chapter, the following terms shall have the meanings set forth as herein:
- CERTIFICATION OF SEWER LATERAL
- An official statement from the proper official of the City of Hallsville stating there are no known illegal storm or surface water connections into the lateral of the individual property and that the lateral is not considered to be a defective lateral under the terms of this Chapter.
- City of Hallsville, Missouri.
- DEFECTIVE LATERAL
- A lateral, including its connection to the sanitary sewer, that is in such condition that it is not water tight and could allow ground water or surface water to enter the lateral; could allow sanitary sewage to seep or leak from the pipe; has roots that have compromised the integrity of the lateral; has rocks, wood or other debris within the lateral that could impede the flow of sewage; has a p-trap or other piping configuration that would impede smoke testing of the lateral; and/or has been damaged in any way that would impede the flow of sewage.
- GROUND WATER
- Water that is below the surface of the ground that largely consists of surface water that has seeped into the ground through soil, sand and fractured rock. It also includes natural springs below the surface of the ground.
- ILLEGAL GROUND WATER OR SURFACE WATER CONNECTIONS
- The discharge of ground water, surface water or storm water into the sanitary sewer system from any source, including, but not limited to, the connection of downspouts, roof drainage, driveway drainage, surface area drainage, sump pump, or foundation drainage.
- The pipe connecting a building or land use to the sanitary sewers of the City of Hallsville.
- NEWLY CONSTRUCTED STRUCTURE
- A completed building that is ready for occupancy but has not yet been lived in or occupied.
- NOTICE OF VIOLATION
- A written notice issued by the City of Hallsville citing one (1) or more violations of this Chapter, identifying the owner of the property, the address of the property, specifying the remedial action required, and the time frame for completion of the repairs necessary to achieve compliance with the provisions of this Chapter.
- Any individual, syndicate, association, partnership, firm, corporation, company, institution, agency, authority, property owner, renter, lessee or other entity recognized by law as the subject of rights and duties.
- PREMISES or PROPERTY
- A structure and/or lot, parcel or tract upon which it is located.
- SANITARY SEWER SYSTEM
- The pipes, manholes, pump stations, laterals, and all appurtenances thereto that are used for the collection of wastewater from property and the transportation of said wastewater under an operating permit by the Missouri Department of Natural Resources. This definition includes all facilities whether publicly owned and maintained or privately owned and maintained.
- SERVICE AREA
- Any property that is located within the boundaries of the City of Hallsville that is connected to the sanitary sewer system of the City and any property that is located outside the boundaries of the City of Hallsville that is connected to the sanitary sewer system of the City.
- SURFACE WATER
- Water that is on top of the ground and may flow across the surface of the ground or may seep into the ground.
- SUMP PUMP
- A mechanical device that is designed or intended to remove water that has accumulated in a sump basin from around the foundation of a building.
- The joint or other connection of the lateral to the sanitary sewers of the City of Hallsville.
[Ord. No. 338 § 3, 9-11-2017]
No person shall discharge or permit the discharge of any ground water, storm water, surface water, roof runoff, subsurface drainage, foundation drainage, driveway drainage, cooling water, or unpolluted industrial process water into the sanitary sewer system.
All laterals and wyes shall be maintained in such a manner as to prevent ground water and surface water from entering the sanitary sewer system. It shall be a violation of this Chapter to have a lateral or wye or other sewer connection that is disjointed or that has any cracks, holes or other imperfections that would permit ground water or surface water to enter the sanitary sewer system.
All lateral cleanouts and cleanout caps shall be secure and maintained in a manner as to prevent ground water and surface water from entering the sanitary sewer system. No person shall remove a lateral cleanout cap and no person shall modify or maintain a lateral cleanout cap in a manner that would permit surface water or ground water to enter into the sanitary sewer system.
No person shall connect or permit to be connected any gutter, downspout, sump pump, foundation drain, storm drain, area drain or any other connection that would permit ground water or surface water to enter the sanitary sewer system.
It shall be a violation of this Chapter to have roots within a lateral, wye, or other sewer connection.
It shall be a violation of this Chapter to have a defective lateral.
[Ord. No. 338 § 4, 9-11-2017]
In the City of Hallsville, the property owner is responsible for the maintenance and replacement of the upper sewer lateral only. The transition from upper to lower lateral is defined by the property line or a cleanout near the property line.
[Ord. No. 338 § 5, 9-11-2017]
Any new or reconstructed sewer lateral pipe that is installed and connected to the sewer system will be required to have tracer wire and an access point installed in accordance with the City of Hallsville Section 700.030, Access Point and Tracer Wire.
[Ord. No. 338 § 6, 9-11-2017]
Every owner, lessee, renter, or occupier of any property that is located within the service area of the City of Hallsville and is connected to the public sewer system of the City of Hallsville shall submit to smoke and/or dye testing or other appropriate test or inspection by the City of Hallsville, its employees, agents, and/or designees. The owner, lessee or occupier of the land shall permit said testing upon request. The testing may occur inside and/or outside the structure.
The City of Hallsville, its employees, agents, and/or designees, in performing the duties and undertaking the programs identified in this Chapter, shall be empowered to enter upon any private property at all reasonable times, with proper notice to the owner, and in accordance with prevailing law, for the purpose of obtaining information, conducting inspections and/or enforcing this Chapter and shall have only those powers expressly set forth in this Chapter and in other ordinances of the City or provided by law to perform its functions consistent with such ordinances.
[Ord. No. 338 § 7, 9-11-2017]
The duly appointed Public Works Superintendent of the City of Hallsville and his/her designees or assigns are hereby authorized to inspect and test existing laterals, wyes, sump pumps, cleanouts and other connections to the system to determine and assure compliance with this Chapter.
Inspections and testing shall include the sanitary sewer system inside and outside of the structure to determine and assure compliance with this Chapter.
Approved methods of inspection and testing shall include but not be limited to dye testing, smoke testing, inspection by camera, or any other appropriate test and inspection methods of a lateral, wye and other connections to the sewer system to determine and assure compliance with this Chapter.
[Ord. No. 338 § 8, 9-11-2017]
Random Inspections. Inspection and testing of laterals, wyes, and/or premises may be conducted by the District on a random basis to assure compliance with the provisions of this Chapter.
Area Wide Inspections. Inspection and testing of laterals, wyes and/or premises may be conducted by the City on an area wide basis to assure compliance with the provisions of this Chapter. Generally, such inspection and testing would be conducted in conjunction with the repair or replacement of sanitary sewers and/or manholes within a subdivision or drainage area. Area wide inspection may also be done in a coordinated effort to reduce inflow and infiltration within the sewer to prevent a sanitary sewer overflow within a targeted area.
Change Of Ownership. Inspection and testing of laterals, wyes, and premises shall be conducted by the homeowner prior to the change of ownership of any property through sale, transfer of title, or foreclosure of the property within the City in accordance with the provisions of Section 715.080 of this Chapter.
Probable Cause. Inspection and testing of laterals, wyes, and premises may be conducted by the City in any instance where the City has reason to believe from testimony and/or observation that a structure or premise is in violation of the provisions of this Chapter.
Testing Exemption. Inspection and testing of laterals, wyes, and premises will not be required when the owner, lessee, or occupant produces a valid Certification of Sewer Lateral issued by the City of Hallsville within ten (10) years from the date of its issuance. This exemption shall not apply in any instance where the City has probable cause to believe that a structure and/or premise is in violation of the provisions of this Chapter.
[Ord. No. 338 § 9, 9-11-2017]
Notification Of Findings. The City of Hallsville shall promptly notify the property owner(s) and occupant(s) in writing of the results of any inspection and testing in the form of a Certification of Sewer Lateral or a Notice of Violation.
Issuance Of Certification Of Sewer Lateral. Upon satisfactory completion of testing and inspection of any property by the City of Hallsville or upon the completion of required remedial action to maintain any property in compliance with the terms hereof, the property owner(s) shall be issued a Certification of Sewer Lateral setting forth the identification of the property owner(s), identification of the property by street address, the date, nature and results of the testing, and the completion of any required remedial action.
Issuance Of Notice Of Violation. In the event that a structure or property is found to not be in compliance with the provisions of this Chapter then a written notice of violation shall be sent to the owner(s) and occupant(s) of such structure or property. The notice of violation shall specify the nature of the violation(s) that were found and shall inform the property owner(s) that said violation or violations must be promptly remedied in accordance with the provisions of Section 715.090 of this Chapter.
[Ord. No. 338 § 10, 9-11-2017]
At the expense of said person, any person who is selling or transferring ownership of their real estate and any person who has their real estate going through foreclosure that is located within the service area of the City of Hallsville and is connected to the sanitary sewer must subject such real estate property to inspection, including inspection of interior premises of any building or residence, by an authorized sewer contractor that is listed with the City of Hallsville at reasonable hours and upon written notice, to determine compliance with the rules and regulation of the City of Hallsville.
Such person shall not be issued a Certification of Sewer Lateral until such inspection has been performed and has revealed that there are no illegal ground water or surface water connection or sump pump that may discharge water into the sewer system, that there are no other violation of the rules and regulations of the City of Hallsville, or a follow up inspection that verifies all violations identified in the initial inspection have been corrected.
An inspection certificate shall not be required on the sale of a newly constructed structure to its initial occupant, provided, however, that it was inspected by the City in the due course of construction within sixty (60) months prior to the proposed sale.
An inspection certificate shall not be required on a sale or transfer of ownership of a structure for which a certificate was previously issued within the preceding ten (10) years, conditioned upon the submission of a written representation of the property owner, under oath, that there has been no alterations(s) giving rise to an unlawful discharge into the public sanitary sewer system.
The City shall, from time-to-time, adopt standard forms or applications as may be necessary and appropriate for the facilitation of the inspections and certifications required herein.
[Ord. No. 338 § 11, 9-11-2017]
When any defective lateral, defective wye, illegal ground water connection, illegal surface water connection or any other violation of this Chapter has been identified, then written notice of said violation shall be provided to the owners and occupants of said property.
The notice of violation shall identify all repairs that must be made to bring the property into compliance with the provisions of this Chapter. It shall also stipulate that all the repairs must be completed within the amount of time specified in said notice. In no instance shall the amount of time allowed to complete said repairs exceed ninety (90) days of the date of the written notification. All repairs shall be subject to inspection and approval by the City.
The written notice of violation shall be sent to the owners and occupants of said property by First Class Mail and certified mail. A copy of all reports, correspondence and findings shall be maintained as part of the official records of the City.
The City Administrator may grant an additional period of time, not to exceed an additional ninety (90) days, to complete the repairs required to bring the property into compliance with the provisions of this Chapter.
Any additional time beyond the time authorized to be granted by the City Administrator may only be granted by the Board of Aldermen of the City of Hallsville.
[Ord. No. 338 § 12, 9-11-2017]
The powers conferred by the this Chapter to the City of Hallsville shall be in addition to and not in substitution for any other powers conferred to enforce and require the elimination of illegal storm water and surface water connections to the public sewer systems maintained by the City of Hallsville.
[Ord. No. 338 § 13, 9-11-2017]
Any person, firm or corporation who is found to have violated any order of the City of Hallsville, or who willfully violated or failed to comply with any hereunder shall pay a civil administrative fine of up to five hundred dollars ($500.00) following conviction therefor by a court of competent jurisdiction. In addition, the City of Hallsville may recover damages, costs, reasonable attorney fees, court costs, and such other fees and expenses of litigation incurred by the City in the prosecution of this claim. Each day a violation continues shall be deemed an additional offense.
Upon ruling by a Judge of the Associate or Circuit Court of Boone County, Missouri, that a violation of this Chapter exists and the failure by the property owner to act to undertake the repairs or replacement identified in the written notice of violation issued pursuant the provisions of this Chapter, then the City, its contractors, and subcontractors shall have the right to disconnect the structure from the water system until such time that all repairs or replacement identified in the aforesaid written notice of violation have been completed.
All costs and expenses associated with the work to disconnect/reconnect the property from the water system shall be at the sole expense of the property owner. The property owner shall be billed all said costs and expenses and shall have sixty (60) days from the date of issuance of the bill to reimburse the City in full, after which the bill shall be deemed delinquent and shall be subject thereafter to a late fee of one percent (1%) per month on the unpaid balance until such time that the bill is paid in full. The City of Hallsville shall have the right to file a lien against subject property for the amount of said expenses, together with costs of filing and perfecting such lien.
All costs and expenses related to the repairs or replacement identified in the written notice of violation shall be the sole responsibility of the property owner. All repairs or replacement undertaken to bring the property into compliance with the provisions of this Chapter shall be subject to approval by the City. Any repair or replacement that fails to be approved by the City shall be considered as a continuation of the violation of the requirements of this Chapter.