[1980 Code § 170-25; Ord. No. 929; amended 5-5-2022 by Ord. No. 2684]
a. The Borough of Roselle Park will assume the responsibility for the
repair of breaks or obstructions in the sanitary sewer under the following
conditions:
1. The entire area and cause of the failure, break or stoppage occurs
in the sanitary sewer main line. This specifically excludes any and
all sanitary sewer laterals that are off the sanitary sewer main line.
All sanitary sewer laterals shall be owned and maintained by the property
owner(s) of the properties, which the lateral(s) serves.
2. The responsibility of the Borough for repairs in accordance with
Subparagraph a1 above shall exist only where the failure, break or
stoppage has not resulted from the fault or negligence of the owner
of the sanitary sewer lateral, his agent, servant or employee or other
person using said sanitary sewer lateral with the owner's consent.
3. The obligation of the Borough, in accordance with Subparagraph a1
above, shall exist only where the repairs are made at the direction
and under the supervision of the Borough Engineer, Plumbing Inspector
and/or Superintendent of Public Works.
b. It shall be the responsibility of the property owner to provide proof
that the failure, break or stoppage is entirely within the limits
of the sanitary sewer main line in accordance with Subparagraph a1
above. Any and all maintenance, repairs, treatments, enhancements
and/or replacements of the sanitary sewer lateral, clean-outs, associated
joints, connections, backfill, grading and any general restoration
shall be the full responsibility of the property owner.
c. Where it has been determined that it is not the responsibility of
the Borough of Roselle Park to make the repairs to the sanitary sewer
main line in accordance with the terms of Paragraph a above, any costs
incurred by the Borough for the time, labor, materials, equipment,
disposal, outside consultants, outside contractors, traffic control,
coordination with any utilities, outside agencies and all associated
costs to perform any work related to an inspection, investigation,
repair, replacement or restoration shall be billed to the property
owner. Failure to make payment forthwith shall result in an assessment
against the property and shall bear interest as in the case of all
other assessments for local improvements at the maximum rate allowed
by law.