A.
All costs and expenses incidental to the installation, connection, maintenance, and repair of a private sewer service lateral (the portion of a sewer service lateral from the building drain to the property line), and any other private sewer lines shall be borne solely by the property owner. Further, the property owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of any private sewer service lateral, private sewer line, or storm drain connection.
B.
The City or a contractor hired or approved by the City shall construct any needed public sewer service lateral from the property line or public right-of-way easement to the public sewer main. The City shall pay all costs of construction of the public sewer service lateral, including costs to construct any portion of the lateral within the public right-of-way.
C.
The property owner shall maintain, clean and repair any private sewer service lateral or other private sewer lines on the property at the property owner's expense as necessary to keep the private lines free and clear of obstructions and in good working order, and shall maintain and keep clear of obstructions the private sewer service laterals servicing the property.
D.
The City shall maintain, clean, and repair, as necessary and at the City's expense, the public sewer service laterals and public sewer mains, but shall not be responsible for cleaning, maintenance, repair of, or liability for, private sewer service laterals or private sewer lines, including, but not limited to, the building drain.
E.
If there is a dispute as to whether needed maintenance, cleaning, or repair of a portion of sewer line is the responsibility of the property owner or the City under the provisions of this chapter, it shall be the duty of the property owner to establish that the obstruction, disrepair, or defect has occurred in that portion of the public sewer for which the City is responsible. If the property owner fails to establish the City's responsibility, it shall be the property owner's responsibility to perform the necessary cleaning, maintenance, and repair as provided in this chapter. If the City's responsibility is established, the City shall perform the necessary cleaning, maintenance, or repair and shall reimburse the property owner for reasonable expenses incurred in locating the defect in the line or in otherwise establishing the City's responsibility.
F.
Any property owner who violates the provisions of this chapter shall be liable to the City for all costs, expenses, and damages incurred by the City in correcting the problem. Further, if any property owner fails to maintain a private sewer service lateral or other private sewer line as required by this chapter, in addition to the other penalties prescribed, the private sewer may be declared a public nuisance by the County Health Department and the problem may be corrected by the City. Any costs so incurred by the City shall be assessed against the property and become a lien on the property if not timely paid.
G.
The following diagram of a typical sewer service connection [Typical Sewer Service Connection (New Construction)] shows the basic components of the private and public sewer lines as provided in this § 28-04.01. The diagram is provided solely for purposes of illustration of a typical connection, and the provisions of this § 28-04.01 and other applicable provisions of this chapter shall govern in any particular situation.
 |