The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
SYSTEM
All sewer lines, lift stations, pumping facilities, septic tanks, sewer collection facilities and their appurtenances which the City owns or which are owned on behalf of the City by county, or which the City has possession of and/or operating responsibility for, whether owned by the City or not, together with all works, plants, instrumentalities and properties used or useful in connection therewith in collecting sewage and transmitting and conveying such collected sewage to sewage treatment facilities, and all extensions, enlargements and improvements thereto in the City.
[Amended 5-5-1997 by Ord. No. 187]
Any person violating any of the provisions of this Part 2 shall be responsible for a municipal civil infraction.[1] Each day during which a violation of a provision of this Part 2 continues shall be deemed a separate and distinct violation. In addition to any other penalties, the City may maintain any equitable or legal action available to it for the abatement of any violation of this Part 2.
[1]
Editor's Note: See also Ch. 35, Municipal Civil Infractions.
All rights, duties and prerogatives granted to the City in this Part 2 shall be exercisable by any third party with whom the City has contracted or may in the future contract for the operation and maintenance of the systems.
The City may, from time to time, adopt by resolution rules and regulations governing the type and quality of materials and accessories to be used for connection to the sewer system, construction methods for connections to the system, and other operational and maintenance matters pertaining to the system. Violation of any such rule or regulation shall constitute a violation of this Part 2 and shall be subject to the penalties and other remedies prescribed in this Part 2.
Connection to the system, directly or indirectly, and the discharge of sewage into the system, shall only be in compliance with this Part 2, and in compliance with all rules and regulations of the City applicable thereto.
No connection shall be made to the system without obtaining a permit therefor. Application for such permit shall be made by the premises titleholder or land contract purchased and filed with the City. The City shall issue such permit when all prescribed conditions have been met. Such permit shall be issued subject to such regulations as may be established and amended by City Commission resolution from time to time.
All work in the street right-of-way or on public easements, including service lines to the property line, shall be constructed and performed by the City or its agents or independent third party contractors. Any work done in any other (i.e., private) location which is intended to provide sewer service for more than one premises shall be designed to City standards, acceptable to the City Engineer, and shall become part of the system upon completion and acceptance by the City. The person who pays for any such work done in any other (i.e., private) location shall have the right to make one connection to the system with the payment of the indirect connection fee for one year after the acceptance of such work by the City as part of the system; thereafter any connection to the system by such person shall be permitted only with the payment of the direct connection fee.
The City shall have the right to enter at any reasonable time any premises connected to the system for the purpose of installing and/or reading a meter or otherwise inspecting the piping systems which are connected to the system. If any meter shall fail to register properly, the City shall estimate the amount of sewer service provided to the premises based on prior billing periods and bill the customer accordingly. A customer may request that a meter be tested for accuracy. If the meter is found accurate within American Waterworks Association standards, a charge to be established and adjusted from time to time by City Commission resolution shall be made to the customer. If the meter is found to be inaccurate within acceptable tolerances, the meter shall be repaired or a new meter shall be installed, and no charge shall be made to the customer either for the test or the meter repair or replacement.
The owner of each premises served by a system sewer line shall maintain the connection line leading from the building, structure or other improvement served with sewer service to the system septic tank in good condition with no breaks, leaks or other malfunctions.
No person, except an employee of the City or other person duly authorized by the City, shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system.
The City shall not be liable for any failure or deficiency in the operation of the system, whether occasioned by maintenance or repair of the system or any other cause.
The City Superintendent or, in the Superintendent's absence or inability to act, the top-ranking City public works employee on duty or on call may, by written order, subject to review and modification or reversal by the City Commission, regulate, limit, or prohibit the continuation of sewer services. Any such order may restrict less essential sewer services to the extent deemed necessary to ensure adequate sewer services for essential sewer needs. Notice of the promulgation of any such order shall be published in a newspaper of general circulation in the City as soon as reasonably possible after promulgation. Violations of such an order shall constitute a violation of this Part 2 and shall be subject to the penalties and other remedies prescribed in this Part 2.