[Prior Code, Sec. 11-1]
It is hereby declared to be the policy of the City, by the provisions
of this chapter, to gradually eliminate from within the corporate
limits of the City all privies and all septic tanks, and to require
connections with the sanitary sewer system in the interest of public
health.
[Prior Code, Sec. 11-2]
A.
Any residence or other structure in which human beings reside which
is located within 200 feet of any sanitary sewer line must be connected
thereto and be equipped with a sanitary water closet and kitchen sink
in the manner prescribed by the plumbing code of the City.
B.
In determining whether a structure is located within 200 feet of
a sanitary sewer line, measurement shall be made on the most direct
line from the structure to the sewer line without crossing any property
under separate ownership.
[Prior Code, Sec. 11-3]
Any residence or other structure in which human beings reside
which is located a distance of more than 200 feet from existing sanitary
sewer lines must be equipped with a sanitary water closet and kitchen
sink in the manner prescribed by the plumbing code of the City and
either connected to the sanitary sewer line or to a service disposal
facility approved by the county health department.
[Prior Code, Sec. 11-4]
It is unlawful for any person, firm, or corporation to occupy, lease, let, or rent, either as tenant or landlord, any structure for human habitation which does not comply with the provisions of this chapter, except as provided in Section 17-405 of this chapter.
[Prior Code, Sec. 11-5]
It is unlawful for any person, firm, or corporation to occupy,
rent, let, or lease for human habitation any building not equipped
as herein provided, except that all such buildings equipped with a
sanitary pit privy of the type which conforms to the specifications
of the state department of health and which were occupied as of the
effective date of this section may continue to be occupied by the
present occupant or occupants but not vacated and occupied again without
elimination of the privy and compliance with the other provisions
of this chapter.
[Prior Code, Sec. 11-6]
A.
Any structure which does not comply with the provisions of this chapter or which is equipped with a pit privy as provided in Section 17-405 of this chapter once the same becomes vacant, or once the legal ownership is transferred and the occupant vacates the same in favor of a new owner or occupant, shall not be occupied again as a residence by any person, family, or families, until the owner shall have first secured an occupancy permit from the county health department.
B.
The occupancy permit shall be issued by the health department only
on proof that the premises have been equipped to comply with this
chapter.
[Ord. 871, 3-3-1997]
A.
From and after the passage and effective date hereof it shall be
lawful for the operators of sewer drain and septic tank service to
dispose of domestic use refuse from state approved septic tanks, whether
such septic tanks be located within the limits of the City or within
the limits of Cherokee County, through the sewer system of the City,
and maintained and under the control of the Tahlequah public works
authority.
B.
The disposition of such refuse shall be made only at the manhole
located at the site of the wastewater treatment plant which is now
the J.M. Hicks TPWA wastewater treatment plant of the City and located
on Powell Road in the southeasterly part of the City.
C.
Disposition of such sludge and refuse shall be made only after the
sewer drain service operator shall have given advance notice to the
Tahlequah public works authority and shall be made only in the presence
of a duly designated employee or agent of the Tahlequah public works
authority. Such notice may be given by telephone or by personal contact
with the wastewater treatment plant director of the Tahlequah public
works authority or his/her designee.
D.
The owner or operator of such sewer drain service shall upon disposing
of such refuse pay to the Tahlequah public works authority a fee established
by the Tahlequah public works authority board of trustees.
E.
All sludge or refuse hereinabove referred to shall be disposed of
in the sewer system of the City, shall not contain or have presence
of heavy metals, PCBs, pesticides, cans, rocks, sticks, or any objects
that might cause malfunction or stoppage of the sewer lines of the
Tahlequah public works authority or cause the TPWA to be in noncompliance
of its operating permit.
F.
Any person, firm or corporation violating the provisions of this
section shall be deemed guilty of an offense against the City, and
upon conviction of such an offense, subject to a fine of not to exceed
$200 or 30 days in jail.
[Ord. 718, 1-11-1989]
A.
No person may discharge to public sewers any waste which by itself
or by interaction with other wastes may:
B.
All discharges shall be prohibited except those that meet the criteria
for "domestic wastewater." BOD and suspended solids concentrations
shall not exceed 220 milligrams per liter.
C.
All Industrial Discharges are Prohibited. At the present time there
are no industrial users in the City. If an industrial user should
desire to locate in the City and make use of the sewerage system,
an industrial user system will be initiated in accordance with EPA
and state regulations at that time to compensate for his use of the
system.
D.
Any new connections from inflow sources into the sanitary sewer portions
of the system shall be prohibited.
[Ord. 718, 1-11-1989]
A.
The connection of the building sewer into the public sewer shall
conform to the requirements of the international plumbing code and
ordinances of the City which regulate service taps and connections
to the collection system, and other applicable rules and regulations
of the City.
B.
All new sanitary sewage works shall be designed and constructed in
accordance with the requirements of the Oklahoma state department
of health regulations.
C.
When a public sewer becomes available (within 100 feet), the building
sewer shall be connected to the sewer within 60 days.
[1982 Code]
A.
A person who continues prohibited discharges is guilty of an offense against the City and upon conviction is punishable as provided in Section 1-108 of this Code for each act of violation and for each day of violation.
B.
In addition to proceeding under authority of Subsection A of this section the City or the public works authority shall be entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
C.
The public works authority shall have the right to terminate service
to any customer that fails to pay bills when due or discharges any
prohibited wastes into the sewer system.
[Ord. 948-2001, 4-12-2001]
To minimize ground water infiltration and inflow to the public
sanitary sewer system that overload and inhibit the treatment of sanitary
sewer, the City of Tahlequah, hereby requires that all property owners
utilizing the sewage system of the City of Tahlequah be responsible
for the maintenance of all connections, lines, and fixtures in a manner
sufficiently watertight so as not to allow, and cause such to be,
leakage out of or seepage into said connections, lines, and fixtures
from the place of discharge to the place of connection to the public
sewer system and main. At the discretion of the City of Tahlequah,
such connections, lines and fixtures shall be subject to inspection
and testing by the City of Tahlequah or its designated agent.
[Ord. 948-2001, 4-12-2001]
A.
Prohibited: No person shall henceforth make connection of roof downspout
or leaders, interior or exterior foundation drains, cleanouts, sump
pumps, cellar, yard and area drains, cooling water discharges, drains
from springs or swampy areas, or other sources of surface, storm or
ground water to or drain structure which is connected, either directly,
or indirectly to the sanitary sewer system.
B.
Access And Entry:
1.
Access: Representatives of the City of Tahlequah or Tahlequah public
works authority shall have the right to make an inspection of any
parcel or real estate and/or structure for the purpose of determining
compliance with this section. Inspection shall be done at a reasonable
hour of the day.
2.
Notice: If the structure or real estate to be inspected is occupied,
the representative shall first present proper credentials and request
entry. If the structure or real estate is unoccupied, he/she shall
first make a reasonable effort to locate the owner or other person(s)
having charge or control of the structure or real estate and request
entry.
3.
Search Warrants: If, after proper request, entry or access is refused,
the City of Tahlequah or Tahlequah public works authority may compel
such access by application or a court of competent jurisdiction for
a search warrant in compliance with the provisions of Section 15 of
the Oklahoma bill of rights and the fourth and fifteenth amendments
of the United States constitution relating to unreasonable searches
and seizures.
C.
Disconnect Order: The general manager, assistant general manager,
field operations director of the Tahlequah public works authority
or the City of Tahlequah code enforcement officer and building inspector
or his/her designated agent, may issue a disconnect order directing
the owner of the real estate or structure to disconnect private infiltration
or inflow waters from the sanitary sewer system. The order shall be
effective not less than 30 days from the date of issuance. The order
may state a deadline for compliance, but such deadline shall, in no
event, be more than three months after issuance of the order.
The City of Tahlequah or Tahlequah public works authority may
order the termination of sanitary sewer service and/or water service
to any real estate or structure if the owner has refused to allow
access and entry or has failed or refused to comply with the disconnect
order requiring that the private infiltration or inflow waters be
prevented from entering the sanitary sewer system. The termination
shall be effective 30 days after the disconnection of service upon
the owner. Service of the owner shall be in person or by restricted/certified
delivery mail.
D.
Reconnection Of Service: Sanitary sewer service disconnected under
the provisions of this section shall not be reconnected until sources
of infiltration or inflow have been disconnected. The cost of disconnection
and reconnection shall be the burden and responsibility of the owner
or lessee.
E.
Abatement Of Nuisance: In addition to or in lieu of termination of
service and/or prosecution in municipal court, the City of Tahlequah
or Tahlequah public works authority may maintain a civil action by
injunction, in the name of the City of Tahlequah, City council or
the Tahlequah public works authority board of trustees, Tahlequah,
Oklahoma, to abate and temporarily or permanently enjoin the continuation
of private infiltration/inflow and/or as a nuisance, in any court
of competent jurisdiction.
F.
Penalty; Abatement:
1.
Optional Penalty: Any person, firm or corporation violating any provision of Section 17-411 of this chapter and this section, may be fined not less than $50 nor more than $200 for each offense and a separate offense may be deemed committed on each day during or on which a violation occurs or continues.
2.
Optional Abatement Procedure: If the property owner is unable or
refuses to comply with the disconnect order in this section, the City
may, at its discretion, contract with a plumbing contractor of the
City's choice to make the required repair/replacement/disconnection
to remove the infiltration and inflow source. The cost of the abatement
may include, but not limited to: repair of defect, repair of streets,
alleys and curbs. The cost of such action will be filed as a lien
of the property. A charge of not less than $25 per month will be added
to the utility bill of the property owner or utility user of that
address until paid in full. Lien release will be issued on receipt
of total cost.
