[Ord. No. 100.1902, 7-1-2019]
This Chapter shall be known as and may be cited as the "Lateral
Service Inspection Program."
[Ord. No. 100.1902, 7-1-2019]
As used in this Chapter the following terms shall have the meanings
indicated:
An official statement from the proper official of the City
of Chaffee 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.
A lateral, including its connection to the sanitary sewer,
that is in such condition that it is not water tight and could allow
groundwater 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.
City of Chaffee, Missouri.
A privately owned wastewater collection and disposal system,
serving a single structure, that provides for the collection, temporary
storage, and grinding of wastewater that is then discharged via a
pump to the sewer system of City of Chaffee.
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.
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 Chaffee.
A written letter from the proper official of the City of
Chaffee concerning the status of City of Chaffee liens.
A completed building that is ready for occupancy but has
not yet been lived in or occupied.
A written notice issued by the City of Chaffee 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.
A structure and/or lot, parcel or tract upon which it is
located.
The pipes, manholes, pump stations, laterals, grinder pumps,
and all appurtenances thereto that are used for the collection of
wastewater from property and the transportation of said wastewater
for treatment at a wastewater treatment plant that is operated by
City of Chaffee under a license issued to the City by the Missouri
Department of Natural Resources. This definition includes all facilities
whether publicly owned and maintained or privately owned and maintained.
Any property that is located within the boundaries of the
Chaffee watershed that is connected to the sanitary sewer system of
the City and any property that is located outside the boundaries of
the Chaffee watershed that is connected to the sanitary sewer system
of the City.
Water that is on top of the ground and may flow across the
surface of the ground or may seep into the ground.
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 Chaffee, Missouri.
[Ord. No. 100.1902, 7-1-2019]
A.
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.
B.
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.
C.
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.
D.
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.
E.
It
shall be a violation of this Chapter to have a defective lateral.
[Ord. No. 100.1902, 7-1-2019]
A.
Every
owner, lessee, renter, or occupier of any property that is located
within the service area of City of Chaffee and is connected to the
public sewer system of City of Chaffee, Missouri, shall submit to
smoke and/or dye testing or other appropriate test or inspection by
the City of Chaffee, Missouri, 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.
B.
The
City of Chaffee, 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. 100.1902, 7-1-2019]
A.
The
duly appointed Public Works Superintendent of the City of Chaffee
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.
B.
Inspections
and testing shall include the sanitary sewer system inside and outside
of the structure to determine and assure compliance with this Chapter.
C.
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. 100.1902, 7-1-2019]
A.
Random
Inspections. Inspection and testing of laterals, wyes, and/or premises
may be conducted by the City on a random basis to assure compliance
with the provisions of this Chapter.
B.
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.
C.
Change Of Ownership. Inspection and testing of laterals, wyes, and premises may be conducted by the City 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 720.080 of this Chapter.
D.
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. Costs incurred
during the inspection may be the responsibility of the property owner.
[Ord. No. 100.1902, 7-1-2019]
A.
Notification
Of Findings. The City of Chaffee shall promptly notify the property
owner(s) and occupant(s), in writing, of the results of any inspection
and testing in the form of Certification of Sewer Lateral or a Notice
of Violation.
B.
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 720.090 of this Chapter.
[Ord. No. 100.1902, 7-1-2019]
A.
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.
B.
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 sixty (60)
days of the date the written notification. All repairs shall be subject
to inspection and approval by the City.
C.
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.
D.
The
Public Works Superintendent 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.
E.
Any
additional time beyond the time authorized to be granted by the Public
Works Superintendent may only be granted by the City Council of the
City of Chaffee, Missouri.
[Ord. No. 100.1902, 7-1-2019]
The powers conferred by this Chapter to the City 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.
[Ord. No. 100.1902, 7-1-2019]
A.
Any
person, firm or corporation who is found to have violated any order
of the City of Chaffee, or who willfully violated or failed to comply
with any hereunder shall pay a civil administrative fine of up to
one thousand dollars ($1,000.00) following conviction therefor by
a court of competent jurisdiction. In addition, the City of Chaffee
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.
B.
Upon
ruling by a Judge of a court of competent jurisdiction in 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 of Chaffee, its contractors, and subcontractors
shall have the right to disconnect the structure from the sanitary
sewer system until such time that all repairs or replacement identified
in the aforesaid written notice of violation have been completed.
C.
All
costs and expenses associated with the work to disconnect/reconnect
the property from the sanitary sewers owned by the City shall be completed
at the sole expense of the property owner. The property owner shall
be billed all said costs and expenses and shall have thirty (30) 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. City of Chaffee
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.
D.
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 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.
