[1]
Prior legislation: Ords 55 and 56 §§ 10, 11 and 17.
A. 
It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner in or upon public or private property within the village of Donnelly any human or animal excrement, garbage, or other objectionable waste.
B. 
The owner of each house, building, or property used for human occupancy, employment, recreation or other purpose, situated within the village of Donnelly and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the village, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with proper public sewer in accordance with the provisions of this section within one year from the effective date of the ordinance codified in this section or within 90 days after date of official notice to do so, whichever date is later; provided, that said public sewer is within 125 feet of the property line.
C. 
Prior to the connection to any public sewer facilities, written permission to connect to the sewer shall be obtained from a member of the board of trustees of the village of Donnelly, Idaho. Such permission shall not be denied unreasonably but shall only be granted upon the applicant's assurance that the connection shall be made in the proper and approved manner.
Any person, firm, corporation or association violating this section or any part or portion of the same shall be guilty of a misdemeanor and upon conviction shall be fined in the sum of not less than $25.00 nor more than $100.00. Each day that the violation continues shall be deemed a separate offense under this section.
(Ord. 23 §§ 1 – 3, 1960)
[1]
Cross-reference: See also Chapters 8.05 and 8.10 DCC.
It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the city, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep, and repair of the entire sewerage system, which includes the sewer collection system and sewage disposal facilities of said city, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefitted by the sewerage system of the city and to provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available.
(Ord. 56 § 1, 1974)
The provisions of this chapter shall apply to all property within the corporate limits of the city, and any special users outside of the corporate limits of the city, including all property owned or occupied by the United States of America, Valley County, and the state of Idaho.
(Ord. 56 § 2, 1974)
The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the city, which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is located a public sewer of said city is hereby required to cease using any other method of disposing of sewage, waste or polluted water and at his expense to connect such building directly with the public sewer in accordance with the provisions of this chapter, within 180 days after date of official notice from the city to do so; provided, however, that said sewer is within 300 feet of any property line of the building to be served or common property line of a multiple-building development.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facilities intended or used for the disposal of sewage.
(Ord. 56 § 3, 1974)
In cases where the provisions of this chapter are not specific, the General Rules and Regulations for Use of the City Sewerage Works adopted by the mayor and council upon the same day as this chapter is adopted shall apply, and a violation of such rules and regulations shall constitute a misdemeanor and be punishable as in this chapter provided.
(Ord. 56 § 4, 1974)
The use of the public sewers of the city shall be in accordance with the following regulations:
A. 
Stormwater and all other unpolluted drainage shall be discharged to natural outlets approved by the city.
B. 
No person shall discharge or cause to be discharged into such sewer any substances, materials, waters, or wastes if it appears likely in the opinion of the city that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.
C. 
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.
D. 
It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
E. 
Any property owner or sewer user violating the provisions of this section shall upon notice by the city immediately install such preliminary treatment through separators, traps, and/or chemical, physical, or biochemical processes as will make and assure that sewage contributed from such property or premises will meet the requirements of this chapter.
(Ord. 56 § 5, 1974)
No person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewerage works.
It shall be unlawful for any person to deposit any garbage, rubbish, dead animals, or any substance having a tendency to obstruct the flow of the sewer, in any manhole, cleanout, or sewer opening.
(Ord. 56 § 6, 1974)
All materials and workmanship in the installation of building sewers and service connections shall conform to the following regulations:
A. 
No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
B. 
There shall be two classes of building sewer permits: (1) residential and commercial sewer service, and (2) sewer service to establishments producing industrial wastes. Application shall be made on a form furnished by the city and shall be supplemented by any plans, specifications, or other information required by the city.
C. 
All connections shall be made in accordance with sewer connection regulations adopted by the city and on file with the city clerk.
D. 
The connection of the building sewer to the public sewer shall be made by a plumber holding a valid state of Idaho plumbing license.
(Ord. 56 § 7, 1974)
The city, through its authorized representative, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The city shall not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers or natural waterways.
(Ord. 56 § 8, 1974)
No connection of any kind to a public sewer line shall be made and no sewage permitted to flow through such connection except pursuant to inspection and approval issued by the city.
(Ord. 56 § 9, 1974)
Any person constructing a sewer service line by which to attach and connect the property to any sewer system transporting sewage, industrial wastewater or other wastes and liquids to the city of Donnelly treatment plant shall pay a sewer service connection charge, and such charge shall be made and imposed upon and collected from such users. The rate for each connection charge is hereby established, collected and held by the district.
Before any connection shall be made to the sewer system a permit therefor shall be obtained from the district upon payment of the fees provided in this section and thereafter such connection to the sewer system shall be made the expense of the person desiring such connection and the same shall be made under the supervision of the district and such approval by the district. All fees collected by the district hereunder shall be by the district deposited in a sewer revenue account as set forth in the agreement.
(Ord. 133 § 4, 1994; Ord. 187 § 5, 2006)
Sewer rates shall be based upon one equivalent dwelling unit (EDU) and the city shall charge and all sewer users shall pay for sewer service as follows:
A. 
Residential Service. A minimum monthly rate of $32.00 for each EDU and $2.50 for each 1,000 gallons of water used. In the event a water meter does not exist, then the monthly rate shall be based on the monthly flat rate fee of $41.43.
B. 
All Other Sewer Service Users. A minimum monthly rate of $32.00 for each EDU and $2.50 for each 1,000 gallons of water used. In the event a water meter does not exist, then the monthly rate shall be based on the monthly flat rate fee of $41.43.
The district engineer shall establish equivalent EDUs for each type of sewer service user other than residential use on a case-by-case basis as shown in Exhibit A attached to the ordinance codified in this section.
(Ord. 133 § 6, 1994; Ord. 157 § 1, 2000; Ord. 187 § 6, 2006)
Each parcel being subject to sewer user charges as provided for in DCC § 13.10.120 shall be appraised and assessed by the board of appraisers for the purpose of establishing the monthly service charge or fee to be charged against such property. In making such appraisement and assessment, there shall be taken into consideration the liquid volume of the sewage, the organic content of the sewage, and the type of waste, so as to nearly as possible fix the rate, charge or fee upon the same relative basis as is imposed upon other like property within the city that has the sewer service available.
(Ord. 56 § 12, 1974)
There is hereby created a board of appraisers, consisting of three members, to consist of the mayor and two members of the city council, to be appointed by the mayor, who shall have the following powers and duties:
A. 
Duties of the Board. The board of appraisers is hereby delegated the duty (subject to the provisions of DCC § 13.10.160) to establish and annually review and change all rates, charges or fees made and established under authority of this chapter, subject to the approval of the council.
B. 
All such changes shall be filed with the city clerk, who shall immediately publish a statement of the same in at least one issue of the official newspaper of the city, setting forth a date and a place for a public hearing before the said board of appraisers, upon the said rates, which hearing shall be held not less than 10 days after the publication of said notice. The board of appraisers shall, at such public hearing, have the power to ratify, confirm, modify or approve such rates, charges and fees.
(Ord. 56 § 14, 1974)
After the said hearing upon any fee or charge provided by this chapter (except as hereinafter provided in DCC § 13.10.160) the board of appraisers shall submit a final schedule of recommended rates and charges, or a recommended change in present rates and charges, to the council. The council thereupon has the power to approve, confirm, modify or amend the same, and the decision of the council shall be final. Upon final approval of the council, the rates shall then and there be in effect, and a copy thereof shall be filed in the office of the clerk.
(Ord. 56 § 15, 1974)
Notwithstanding DCC § 13.10.140, the minimum monthly sewer user charge shall be $9.00, regardless of the classification of user. Such minimum monthly charge is based upon a 3.7 average number of people per single-family connection and all charges and fees imposed under the terms of this chapter shall be based upon such minimum monthly fee and population equivalent herein set forth.
(Ord. 56 § 16, 1974)
On the eleventh day of each month the clerk shall make up a delinquent roll, listing the names of those delinquent and the charges against each, plus a $0.50 delinquency charge. On the twelfth day of each month the clerk shall mail to each delinquent sewer user a statement showing the total amount charged against him, and notifying such sewer user that unless the total amount is paid to the city on or before the twentieth day of the month an additional penalty of $1.50 will be added to the account. All delinquent charges or fees, as provided by this chapter, not paid within 30 days of the date when first due shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Valley County, and when so certified the same shall be a lien upon the property, and will be collectible as other taxes.
All monies collected by the clerk under the provisions of this section shall be paid over to the city treasurer in the same manner as required for the payment of other city monies.
(Ord. 56 § 18, 1974)
All fees and charges received and collected under authority of this chapter shall be deposited and credited to a special fund to be designated as the sewerage system fund. The accounts of said fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sewerage works and any payments into a sinking fund established for the purpose of paying principal of and interest on the sewer revenue bonds of the city which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the sewerage system fund shall be available for the foregoing purposes.
(Ord. 56 § 19, 1974)
Where a public sanitary sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
A. 
Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit from the city. The application for said permit shall be made on a form furnished by the city, which the applicant shall supplement by plans, specifications and other information as may be deemed necessary by the city. A permit and inspection fee of $10.00 shall be paid to the city at the time the application is filed.
B. 
A permit for private sewage disposal system shall not be effective until the installation is completed to the satisfaction of the city. The city shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city when the work is ready for final inspection, and before any underground works are covered. The inspection shall be made by the city within 48 hours after receipt of notice from applicant.
C. 
The type, capacities, locations and layout of a private sewage disposal system shall comply with all of the rules and regulations and recommendations of the Department of Health, State of Idaho. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
D. 
At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tank, cesspool, or similar private sewage disposal facilities shall be abandoned and filled with suitable material.
E. 
The owners shall operate and maintain the private sewage disposal facility in a sanitary manner at all times, and at no expense to the city.
(Ord. 56 § 20, 1974)
Any person found to be violating any provision of this chapter or the General Rules and Regulations for Use of the City Sewerage Works, adopted on this date, or as hereafter amended, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit, but in any event not to exceed 90 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in this section shall be guilty of a misdemeanor, and on conviction thereof shall be subject to a fine not exceeding $300.00 or imprisonment in the county jail not exceeding 30 days, or both such fine and imprisonment, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.
(Ord. 56 § 21, 1974)
There is hereby established and created a sewer capital improvement fund for the receipt, deposit and accounting of all monies collected and raised from the levy or collection of sewer capital improvement fund charges with which to erect, construct, enlarge or maintain sewer lines or sewer treatment facilities or structures for the city. The monies deposited in said fund shall be kept separate and apart from all other monies of said city and shall be held in trust, dedicated to the specific purpose for which the sewer capital improvement fund is hereby created and established. Expenditures therefrom shall be made only upon specific authorization of the city council. The city treasurer may, as directed and empowered by resolution adopted and approved by the city council, invest the monies of the fund in the securities authorized by law, but no portion of the fund may be transferred to the credit of any other general or special fund or used for any other public purpose.
(Ord. 133 § 1, 1994)
A sewer capital improvement fund charge of $5.00 shall be collected from every person, firm, company, corporation, partnership, association and any other user from each monthly rate fee per EDU.
All sewer capital improvement fund charges shall be paid to the city clerk and shall be deposited by the city clerk into the sewer capital improvement fund established and created by DCC § 13.10.220.
The city council, from time to time, shall review sewer capital improvement fund charges, sewer service rates and monthly user rates and, as required by law, set any rates or charges by resolution.
(Ord. 133 § 2, 1994; Ord. 157 § 2, 2000; Ord. 187 §§ 4, 9, 2006)
"Agreement"
means an agreement between the city of Donnelly and North Lake Recreational Sewer and Water District entered into and executed August 2005.
"Capital improvement funds"
means funds with which to erect, construct, enlarge, extend and maintain collection mains, lift stations, treatment facilities or structures for the city or district.
"Connection"
means any tap or connection to the sewer system allowing the discharge of waste into the system; shall be determined by the number of equivalent dwelling units per Exhibit A attached to the ordinance codified in this chapter; and shall be evaluated and determined by the district engineer according to the standards set forth by Exhibit A attached to the ordinance codified in this chapter. Evaluation by the district engineer shall be made from the approved plan set at the time of application for building permit.
"Connection fees"
means fees assigned to each main line tap and shall be based on EDUs as set forth by Exhibit A attached to the ordinance codified in this chapter. Fees per EDU include but are not limited to a base connection fee plus time and materials and capital improvement fund charges as established by the district.
"District"
means the North Lake Recreational Sewer and Water District.
"Equivalent dwelling unit (EDU)"
is the possible demand on one typical residential dwelling unit using a three-quarter-inch water meter and is further defined by Table 1 in Exhibit A attached to the ordinance codified in this chapter.
"Rate"
is a monthly fee to be paid to the city of Donnelly by each user based on EDUs as established by Exhibit A attached to the ordinance codified in this chapter, and shall be evaluated and determined by the district engineer according to the standards set forth by Exhibit A attached to the ordinance codified in this chapter. Evaluation and determination by the district engineer shall be made from the approved plan set at the time of application for building permit.
"User"
means any person, firm, company, corporation, partnership, association, and any other demand on the sewer system through a connection.
(Ord. 187 § 1, 2006)
A. 
Reevaluation of Connections and Rates. For existing users, the district engineer shall reevaluate the number of EDUs for each user, each time a building permit is applied for. If it is determined that the number of EDUs has increased, all additional fees including but not limited to connection fees shall be paid to the district in full before the issuance of a building permit. Monthly rates, paid to the city, shall be adjusted accordingly to the determined EDUs.
B. 
If the engineer determines that the number of EDUs has decreased, the user is not eligible for a refund of previously paid fees. However, the monthly fees owed by the user shall be adjusted according to the newly determined number of EDUs.
(Ord. 187 § 2, 2006)
In that the city of Donnelly (city) has entered into an agreement with the district to maintain, operate, manage, engineer, and administer the city sewer collection and treatment system and have agreed that the district may provide sewer service outside the city of Donnelly service area as defined in the agreement: connections, connection fees for sewer capital improvements and connection charges shall be established, administered and collected by the district per the agreement.
The city shall maintain a capital improvement fund as established by DCC § 13.10.220 for the replacement of existing collection mains as set forth in the agreement.
The city shall set and collect monthly service rates.
(Ord. 187 § 3, 2006)
All sewer service charges collected by the city clerk shall by said city clerk be immediately deposited in the sewer revenue account within the city of Donnelly water and sewer revenue fund created by Section 11 of Ordinance No. 135, adopted October 17, 1994.
(Ord. 187 § 8, 2006)