A person erecting or maintaining a water closet, sink, bathtub,
or drain in the city upon property within 300 feet of any public sanitary
sewer shall connect the facility with the sewer at his or her own
expense, in the manner and under regulations and supervision prescribed
by the city.
No unauthorized person shall uncover, make any connection with,
open into, use, alter, or disturb any sanitary sewer without first
obtaining a written permit from the city to do so.
The rates and charges provided herein are for incurred costs
based upon use or availability for use of a regional (and local) sewer
and sewage disposal system, the availability of which is necessary
for the regulation of, and provision for, the public health, safety,
and welfare. The charge is controlled by the user’s (or potential
user’s) request and choice of the kind, nature, and quantity
of use.
(1)
A regional
sanitary sewerage facility system development charge (SDC) shall be
paid to the city prior to issuance of a permit to connect to the sanitary
sewer system of the city. The regional sanitary sewerage facility
SDC methodology shall be established by resolution of the city council
and may be adopted and amended concurrent with the establishment or
revision of the system development charge.
(2)
A credit
for property taxes on real property paid to retire bonded debts incurred
for the construction of regional sewerage facilities shall be deducted
from the regional sanitary sewer SDC. The credit shall accrue from
the year of annexation to the city, and be based on the assessed value
at the time of obtaining the permit in accordance with the credit
table established by resolution of the city council.
(1)
The
rates and charges provided herein are incurred charges or costs based
upon use or availability for use of the local and regional sewer and
sewage disposal system, or the storm sewer system. The nature of the
service provided and charged for is such that the individual property
owner is not able (and therefore not meeting a routine obligation
of ownership) to meet the requirements of sewage and sewer collection,
disposal and treatment if required, and the charges and service are
therefore necessary to enforce the regulations pertaining thereto
necessary to provide for the public health and safety as to sanitation,
communicable diseases and in guarding against the hazards of excess
surface and flowing water which cannot ordinarily be satisfactorily
or safely provided by individual citizens.
(2)
Any
person desiring to connect a private sanitary sewer line to a city
sanitary sewer line from property against which no assessment has
been levied shall first apply to the department of public works for
a permit to do so. The permit shall set forth at what point the city
sewer line is to be tapped, the distance that the connecting sewer
line will run, the location, the size of pipe, the type of construction
and such other facts as the city engineer may reasonably require on
a form to be furnished for this purpose.
(3)
Upon
making an application as herein provided, such person shall pay to
the city an amount based upon the city’s established rate per
square foot of benefited property. This rate is based on the average
actual sewer construction costs per square foot of benefited property,
as set by resolution of the council. Any rate adjustment shall be
determined by the previous year’s sewer construction costs and
projected inflation to the next construction season. The depth of
the benefited property shall not exceed 150 feet from the street or
150 feet from the sanitary sewer line if the sewer line is not within
the street right-of-way, except by special authorization by the Director
of Public Works and based upon reasonable judgment, such as:
(a)
The
location of the building in relation to the referenced 150 foot line;
(b)
The
possibility of future development for the building sites beyond the
150 foot depth. Except as provided by (a) and (b) immediately preceding,
a reduced charge will be charged for that area beyond the 150 foot
line. The sum so paid may be deposited against any future sanitary
sewer assessment which may be made against said property. In the event
the sum paid exceeds the assessment any excess will be refunded to
the property owner.
(c)
Unassessed
property along McVay Highway/Franklin Boulevard to Nugget Way. Properties
directly benefited by the Franklin/McVay sanitary sewer extension
city Project No. 21080 shall pay a fee based on square footage as
determined and adopted by council resolution.
(4)
In the event that a city sewer line is in close proximity but not contiguous to an industrial, commercial or multiple housing development desiring connection, a line of adequate length, size and depth, as approved by the city engineer, shall be installed at the owner’s expense to serve such property. The charge as outlined in subsections (1) to (4) shall then be imposed but the owner shall have credited upon such connection charge, that cost for excess length, size or depth required by the city engineer.
(5)
In the
event that one or more single family residential property owners desire
to extend a sewer to serve their property, the method and connection
charge, if any, shall be as determined by the director of public works,
consistent with current policies.
(6)
Payment
of the charges provided in this section shall be in lieu of any assessments
to property owners paying the same under that paragraph for any future
sewer which might serve the property.
(7)
The
fees herein required shall be imposed against all new construction
(not existing structures), including mobile and modular homes.
(a)
Provided
however, no such fee shall be imposed where a new structure replaces
a formerly existing structure of like use within two years of the
date the former structure was removed or demolished. The date the
former structure was removed or demolished shall be the date when
the permit for such removal or demolition was issued. Replacement
shall be allowed without charge to the extent of the previous use
and/or structure. In the event the structure is of a larger size as
to either occupancy or square footage, as appropriate, according to
the type and kind of occupancy, a fee shall be charged for such increase
in accordance with paragraph (b) of this section.
(b)
The
fee herein required by this section shall be imposed against all structures
within territory annexed to the city after September 1, 1971. The
reference to structures in this subsection shall not relieve the owner
from paying the charge required for each living unit contained in
any structure.
(c)
The
fees herein imposed shall be paid to the city by the person seeking
a building permit and/or sewer connection (tap) permit and no such
permit shall be granted or issued except upon payment of the required
fees.
[Section 3.356 amended by Ordinance No. 6318, enacted April 21, 2014]
(1)
No person
shall construct any sanitary sewer within the city without first making
application and securing a permit therefor.
(2)
A separate
permit will be required for each and every building.
(3)
An application
for a permit to construct a sanitary sewer shall be in writing, on
a form provided by the building department, and shall give the location
of the property to be served by the sewer, the name of the owner of
the property, the name of the person engaged to construct or reconstruct
the proposed sanitary sewer, and such other information or plans as
the city manager may require.
(4)
An application
for a permit to construct a sanitary sewer shall be accompanied by
a fee set by resolution of the council. If more than 50 percent of
an existing sewer line is to be reconstructed, then it shall be classed
as new construction.
(5)
An application
for a permit to reconstruct any sanitary sewer shall be accompanied
by a fee set by resolution of the council. If less than 50 percent
of an existing sewer line is to be reconstructed, then it shall be
classed as repairs.
(6)
If the
work involved does not require the laying of a new line, it shall
be classed as a repair job, and no permit shall be required.
(7)
Upon
approval of the application, the building department shall issue a
permit to construct or reconstruct the line, which permit shall specify
where the proposed work shall be done.
Reasonable notice shall be given to the plumbing inspector to
inspect all work in connection with the construction or reconstruction
of any sanitary sewer line while the work is still uncovered.
An applicant for a permit to construct a sanitary sewer must comply with the provisions of section 3.208 of this code regulating and requiring permits for the making of cuts or excavations in, on, or under streets and alleys. Not more than one bond shall be required of the applicant, however, provided the amount of the bond is sufficient to cover the requirements of both permits.
These regulations do not in any way affect or govern the construction
of sanitary sewers within the public streets or public easements which
is done by regular contract and under the supervision of the city
engineer.
Any person constructing a sewer to be hooked up to the city sewer shall have the right to construct the sewer according to the plans and specifications of the city engineer, and if the sewer is upon a line projected by the city engineer and of a character deemed likely to be of service in the future to other areas when extended thereto, the council shall have the right by resolution upon the recommendation of the city engineer and upon completion of the construction of the sewer to accept the sewer as a part of the city sewerage system, with adequate easements providing access thereto. In the event any such sewer is accepted by the city, the builder of the sewer shall be entitled to have refunded the payment provided for in section 3.356 of this code, and, in addition, the property shall not be liable for any such assessment for any sewer thereafter constructed by the city to which other property similarly situated and beneficially served by an assessed sewer would not be liable. Upon such acceptance by the council as to his or her property, the provisions of section 3.356 of this code shall thereafter be of no effect, and notice thereof shall be stricken by the city finance director from the lien docket of the city.
The following words and phrases, when used in sections 3.368 and 3.372 of this code, shall have the meanings respectively ascribed to them in this section:
shall mean and include any mechanical equipment, tool, or
device; whatsoever used in the process of cleaning private, commercial,
or residential sewer lines.
shall mean that part of the horizontal pipe of a house drainage
system extending from the house drain five feet outside of the building
wall to its connection with the main sewer or septic tank.
(1)
It shall
be unlawful for any person, except any person holding a valid license
under the provisions of this code on the licensing of plumbers, to
perform or offer to perform services or work in the process of cleaning
private, commercial, or residential sewer line by mechanical device
without first obtaining a license therefor in the manner hereinafter
provided.
(2)
Any
person desiring to obtain a license to operate a sewer cleaning device
to construct, repair, alter or change any new or existing house sewer
in the city shall make application therefor at the office of the city
building inspector on forms to be furnished by the city for that purpose.
(3)
Upon
approval of the application for the license required by this section
and upon payment of the license fee prescribed for contractors by
this code, the finance director shall issue to each applicant a suitable
license, which shall be carried upon the person operating any sewer
cleaning device licensed in accordance with the provisions of this
section at all times that such device is being operated.
(4)
Any
mechanical cleaning device licensed pursuant to this section shall
conform to minimum standards of efficiency and safety, as prescribed
by the city engineer.
The owner and operator of any device licensed under the provisions of section 3.370 of this code shall each be liable to the city for any and all damage, as determined by the city engineer, which may be suffered by or caused to the sewers or installations of the city by such device, and the provisions of the section shall be a part of any license issued under the provisions of the section.
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover deface, or tamper with any structure,
appurtenance, or equipment which is a part of the municipal sewerage
system. Any person violating this provision shall be subject to immediate
arrest under a charge of disorderly conduct.
All measures, tests, and analyses of the characteristics of water and waste, to which reference is made in sections 3.350 to 3.382 shall be determined in accordance with standard methods for the examination of water and sewage, and shall be determined upon suitable samples taken from the nearest downstream manhole in the public sewer at the point to which the property in question is connected.
The building inspector and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement sampling, and testing in accordance with the provisions of sections 3.350 to 3.382. Any person found to be violating any provision of sections 3.350 to 3.382 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
