Village of Marlborough, MO Article IV Sewer Lateral Repairs

Section 500.050 Fee.

[Ord. No. 366 §1, 4-5-1999; Ord. No. 25-002, 1-13-2025[1]]

A maximum charge of fifty dollars ($50.00) will be assessed annually on all residential property to provide funding for certain repairs of defective lateral sewer service lines of those dwelling units subject to the procedures and processes of the Sewer Lateral Repair Program as set forth in Section 500.060. Disbursements are not guaranteed but are subject the availability of sufficient funds in the Program to cover claims. Nothing herein shall permit the Village to pay for private repairs with public funds from the Village's General Fund.

[1] Editor's Note: This fee increase was passed by a majority of the electorate 4-8-2025.

Section 500.060 Sewer Lateral Program.

[Ord. No. 366, 4-5-1999; Ord. No. 13-527 §1, 11-11-2013; Ord. No. 16-561 §1, 10-10-2016; Ord. No. 21-606, 2-8-2021; Ord. No. 25-009, 6-9-2025]

A. Definitions. For the purposes of this Article, the following terms shall have the meanings indicated:

CONDOMINIUM

Any condominium building having six (6) or less condominium units per building and any condominium responsible for its own individual lateral sewer line.

SEWER LATERAL

The portion of the sewage system that carries household wastes from a home's foundation or exterior wall to the Metropolitan Sewer District (MSD) sewer main, typically located under the street or in a sewer easement. It does not include any sewer line under a building. A sewer lateral may be located in a front, side, or rear yard.

B. Program Eligibility. The Sewer Lateral Program covers properties in the Village that are single-family homes, condominiums, or duplexes.

C. Sewer Lateral Fund.

1. Funds collected for the Sewer Lateral Fund shall be dedicated exclusively to sewer lateral repairs and disbursed according to guidelines set by the Board of Trustees.

2. The Board may periodically amend these guidelines in the best interests of the Village and its residents, subject to Section 249.422, RSMo., et. seq.

3. Any interest earned shall be added to the fund.

D. Fund Disbursement Guidelines.

1. Claims are paid to eligible property owners based on the lowest bid, up to four thousand dollars ($4,000.00) per incident, until the Sewer Lateral Fund balance falls to a balance of ten thousand dollars ($10,000.00).

2. If the fund balance is below ten thousand dollars ($10,000.00), remaining claims are paid on January 15 of the following year.

3. If sufficient funds are available, all qualified claims are paid as set forth in Subsection (D)(1) above. If funds are insufficient, available funds are divided equally among qualified applicants.

4. No property owner shall receive more than the actual repair cost.

E. Eligibility For Fund Disbursement.

1. A sewer lateral problem is eligible for Village funds if, after investigation and documentation per the Village's Sewer Lateral Program Policy, the lateral is found to be crushed or collapsed due to causes beyond the property owner's control.

2. Ineligible services include cabling, sewer cleaning, and rodding, which are the property owner's responsibility.

F. Application And Repair Process.

1. Initial Assessment.

a. The property owner must hire a licensed plumber to cable the lateral and, if broken, video the sewer line to confirm the break's location. These costs are not covered by the program.

b. The property owner must report the sewer lateral break to the Village.

2. Bidding Process.

a. The property owner shall solicit bids from at least two (2) licensed plumbers.

b. Bids should include the cost of repairing the sewer lateral but exclude street repair costs if a street cut is required. The Village will be responsible for street repairs per Village specifications, using Sewer Lateral Fund money as needed.

3. Application Submission.

a. The property owner must complete and submit the Sewer Lateral Program application, including all required documentation.

4. Contractor Selection And Work.

a. The property owner may select their preferred contractor from the bids, but Village reimbursement will not exceed the lowest bid or four thousand dollars ($4,000.00), whichever is less.

b. The contractor must obtain necessary St. Louis County permits and ensure work complies with County Codes.

c. Covered work is limited to excavation, repair or replacement of the collapsed portion of the lateral and backfilling. Additional work is at the property owner's expense.

d. The property owner signs the contract, schedules the work, ensures the contractor has insurance and workers' compensation, and pays the contractor upon satisfactory completion.

5. Reimbursement Process.

a. Within ninety (90) days of work completion, the property owner must submit to the Village:

(1) Copies of at least two (2) bids received.

(2) A written statement from the contractor confirming work completion.

(3) An itemized bill from the contractor.

(4) A copy of paid invoices and a lien waiver from the contractor.

(5) Proof of paid real estate taxes.

b. The Village will review the submitted bids and pay the lowest bid amount, up to four thousand dollars ($4,000.00), within thirty (30) days, provided the Sewer Lateral Fund balance is sufficient.

G. Village Responsibilities And Limitations.

1. The Village is not responsible for contractor performance or any damages to the property owner's property caused by sewer line defects.

2. The Village's obligation is limited to reimbursement per the program's guidelines.

H. Excavations Related To Sewer Lateral. No person shall perform excavation work in the Village right-of-way ("ROW") without an excavation permit per Section 616.060. Any person desiring to excavate in the ROW shall first apply for an excavation permit, on an application form provided by the Village, and submit the application fee and pay all applicable fees to obtain an excavation permit, in addition to any other building permit, license, easement, or other authorization required by law, unless such excavation which must be performed on an emergency basis as provided in Sections 616.060(E) of the Marlborough Code. With the excavation permit, the contractor shall also provide proof of insurance and a performance bond in compliance with Section 616.140.

I. Street Repairs. The Village will repair any street or right-of-way damaged due to a lateral repair requiring a saw-cut, using Sewer Lateral Fund money as authorized.