It shall be unlawful for any person to open, uncover, or in any manner make connection with any sewer line of the city, or to lay drain or sewer pipes on any premises or in any street or alley in the city or in any area served by the city treatment works without first applying for and obtaining a permit therefor from the authority having jurisdiction (AHJ). The city shall issue a permit to a property owner who certifies on his application that the work covered by the permit will be performed by the property owner or a qualified licensed contractor if work is located within the city right-of-way and part of the city infrastructure.
(Ord. 88-O-430 Art. IV § 1; Ord. 14-O-725 § 2)
The owner or his agent shall make application on a special form furnished by the AHJ. A permit and inspection fee in amounts to be established by resolution of the city council shall be paid to the city at the time the application is filed for connection to the public sewer for all work to occur in the public right-of-way and any applicable system development charges. Associated work that is to occur on private property is to be permitted and inspected through the public services department of Curry County.
(Ord. 88-O-430 Art. IV § 2; Ord. 14-O-725 § 2)
Inspection and written approval of the public works director or designee shall be obtained before any work covered by this chapter is covered or concealed.
(Ord. 88-O-430 Art. IV § 4; Ord. 14-O-725 § 2)
As part of the application for a permit, the property owner or his agent may be required to provide the following:
A. 
Copies of plot plan to scale and specifications in duplicate, including, but not limited to, lot dimensions, location of building or structure or other improvements to be served;
B. 
Location of existing septic tanks, drain fields and building sewer lines;
C. 
Location of water service lines and/or wells, and other underground utilities;
D. 
Location of driveways;
E. 
Location, depth, grade and material of proposed building sewer;
F. 
Plans and specifications for materials and installation;
G. 
Purpose for which the sewer connection is to be used, i.e., residential, multifamily residential, commercial, industrial, etc.;
H. 
Point of proposed connection of the new or existing building sewer to the building drain.
(Ord. 88-O-430 Art. IV § 5; Ord. 14-O-725 § 2)
There shall be three classes of sewer permits:
A. 
For residential and commercial service;
B. 
For service to establishments producing industrial wastes; and
C. 
For service to food preparation establishments.
(Ord. 88-O-430 Art. IV § 6; Ord. 25-O-816 § 2 (Exh. A))
Every permit shall be issued under the following conditions:
A. 
Construction of the building sewer shall start within four months from the date of issuance of the permit.
B. 
Construction of the building sewer shall be completed within 12 months from the date of issuance of the permit.
C. 
If the proposed connection or pipe installation does not violate any provision herein and does not violate any other laws of the city, the permit shall be issued. Such permit shall contain all information contained in said application and shall specify any and all sewerage and appurtenances to be utilized in such sewer construction together with the purpose of such use.
D. 
The time limit provided in subsection (A) of this section may be extended to a maximum of six months by a showing of good cause by the sewer connection permit holder as specified in subsection (F) of this section.
E. 
The time limit provided in subsection (B) of this section may be extended to a maximum of 18 months by a showing of good cause by the sewer connection permit holder as specified in subsection (F) of this section.
F. 
A sewer permit holder may seek extension of the time limits for commencement of construction or completion of the building sewer by written request showing good cause delivered to the city in person or by mail prior to the expiration of a sewer connection permit. Good cause for extension of time shall be limited to a showing of circumstances that were outside the control of the sewer connection permit holder that prevented the commencement of construction of or completion of the building sewer within the time limits specified by this chapter. Good cause does not include financial problems of the sewer connection permit holder preventing commencement or completion of the building sewer. Any decision granting extension of time limits shall be limited to a period of time necessary to grant relief from the circumstances showing good cause, not to exceed the limits specified in subsections (D) and (E) of this section. A decision on a request for extension of time limits shall be made in writing and mailed to the sewer connection permit holder at the address shown on the permit.
G. 
The city manager shall determine all requests for extension for good cause filed pursuant to subsection (F) of this section. Any sewer connection permit holder whose request for extension of time limits is denied may appeal the decision of the city manager to the city council by filing a notice of appeal with the city recorder within 14 days of the date of the mailing of the decision of the city manager. At its next regular meeting, the city council shall review the decision of the city manager being appealed to determine whether good cause exists as defined by subsection (F). The city council may affirm the decision of the city manager or overrule the city manager’s decision and, if overruled, grant an extension of time limits as provided by subsection (F).
(Ord. 88-O-430 Art. IV § 7; Ord. 91-O-430.C §§ 3, 4, 5)
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewage disposal system is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, if both buildings are owned by one person.
(Ord. 88-O-430 Art. IV § 9)
All work must be constructed in accordance with current standards defined in the Engineering Requirements and Standard Specifications for Public Works Infrastructures.
(Ord. 88-O-430 Art. IV § 10; Ord. 14-O-725 § 2)
No person shall make connection of roof downspouts, exterior foundation drains, driveway drains, areaway drains, or other surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer and any such connections having been made previously shall be removed at the sole cost and expense of the owner of buildings or property so connected.
(Ord. 88-O-430 Art. IV § 12)
When a connection of a building sewer requires a new connection or tap to be made into the public sewer, the city’s staff shall make or inspect the connection to the public sewer installing the building sewer (service lateral) from the public sewer main to the right-of-way line of the city, county, state, and public rights-of-way, or sanitary sewer easements. Fees and charges for public sewer connection as established by resolution of the city council shall be paid at the time the required connection permit application is filed with the city. Said fee shall be in addition to an appropriate property assessment charge and systems development charges. All connections, including the building sewer, shall be made gastight and watertight.
(Ord. 88-O-430 Art. IV § 13; Ord. 14-O-725 § 2)
All excavations for building sewer installation shall be made in a safe and workmanlike manner, adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city and to the state. Such restoration, if not properly completed by the owner, shall be completed by the city and all costs of such restoration shall be and become a lien against the property to be collected as provided by law. The property owner shall be responsible for obtaining all necessary permits required by the city and state for construction in rights-of-way.
(Ord. 88-O-430 Art. IV § 14)
Prior to final connection to an existing public sewer, and before the public sewer is used, the property owner or his agent shall provide the city with written documented evidence that the installation has been approved by the AHJ; such evidence may, at the city’s discretion, include as-constructed drawings bearing the seal and signature of a registered, professional engineer.
(Ord. 88-O-430 Art. IV § 15; Ord. 14-O-725 § 2)
A. 
Gravity Lines. An owner is responsible for the operation, maintenance and condition of a sewer lateral on private property. In the case of an existing sewer lateral that does not have a cleanout located within 12 inches of the property line and within the city right-of-way or city utility easement, the owner is responsible for the line to the main.
The city is responsible for the operation, maintenance and condition of a sewer lateral from the existing cleanouts as described above, to the sewer main as long as all facilities are located in a recorded easement or city right-of-way. The city will accept maintenance of the lateral if the owner installs a cleanout within 12 inches of the property line and within the city right-of-way or city utility easement and the lateral and connection meets city standard specifications.
All new cleanouts and laterals in the city right-of-way require a public works permit and shall comply with the current version of Engineering Requirements and Standard Specifications for Public Works Infrastructure.
If a connection is proposed to an existing sewer lateral, the city site plan committee has the authority to require an inspection report be provided by the applicant to determine the condition of the existing lateral. During the building permit review processes, the city site plan committee will determine if the applicant is required to provide the city a TV inspection report. Factors requiring a TV inspection may include, but are not limited to, the age, whether the area has storm intrusion rates, history of sewer back-ups or sewer overflows, and/or lack of records on the sewer lateral construction. The city will review said inspection report and determine if the sewer lateral’s condition allows for storm water intrusion. If the lateral is conducive to storm intrusion, the city will determine the necessary corrective action required by the property owner.
B. 
Pressure Lines. An owner is responsible for the operation, maintenance and condition of a pressure line in its entirety. The owner must obtain a public works right-of-way permit to perform repairs within the city right-of-way or city utility easement.
(Ord. 88-O-430 Art. IV § 16; Ord. 10-O-660 § 2; Ord. 14-O-725 § 2)
When funding is available through the annual fiscal year budget, the city will invite private owners to replace deteriorated and failing private sewer laterals in the right-of-way with a rebate subsidy. As funds are limited, reimbursement funds are made available to the following priorities;
A. 
Sewer laterals in the street right-of-way scheduled for street paving.
B. 
Sewer rehabilitation projects.
C. 
Smoke testing or TV inspection issues.
D. 
The pipe is in jeopardy of failure and is undermining the city right-of-way.
E. 
The location has been identified as a high inflow and infiltration (I/I) area.
Rebate funding shall not exceed one-half the cost of construction up to a maximum $2,000 per lateral. The rebate will apply only to lateral replacement in the city right-of-way, shall include a cleanout in the city right-of-way, and be constructed in accordance with the City’s Engineering Requirements and Standard Specifications for Public Works Infrastructure. The city will assume future maintenance responsibility of permitted laterals meeting current design standards.
(Ord. 14-O-725 § 3)
In order to assure required control by the city of connections and input to its sewage system and treatment plant in perpetuity, all persons initiating or renewing requests for sewer service outside the corporate limits of the city shall execute an agreement by and between the requesting property owner and the city to annex to the city at such future time as all legal requirements for annexation have otherwise been met and at the discretion of the city. The said agreement shall be and become a covenant to run with the land so served.
(Ord. 88-O-430 Art. IV § 17)
A. 
Any person or persons desiring a city sewer line to be extended to their property for connection thereto shall be responsible for the costs of said construction and for the construction of the same according to the requirements hereof and to standard specifications and drawings submitted to and approved by the city.
B. 
All such sewer main line extensions, exclusive of service lines, shall become the property of the city upon completion of the same by the owner or contractor and inspection and acceptance by the city. The person or person constructing said sewer system shall provide and dedicate to the city an easement of a width and length required by the city for maintenance and operation of said sewer system prior to acceptance of the same by the city.
C. 
If the sewer line, as extended, provides sewer service or is capable of providing sewer service to other property in the city not previously connected with the city sewer system, then the person or persons constructing the sewer line shall file a verified statement of the total cost of construction of the sewer main line with the city. The public works director, after verifying said statement of costs, shall compute the proportionate cost of construction of said line per lot for each lot capable of being served by said line, said costs to be determined according to the proportionate number of square feet in each of said lots. Corner lots already served by existing sewer main shall be exempted from the calculation.
D. 
After computation of the proportionate costs attributable to each lot by the public works director, the public works director shall file with the city recorder a statement showing the costs of construction attributable to each lot. The finance and human resource director shall then maintain a certified list of the costs attributable to each lot owner who did not share in the cost of construction of the sewer main in the first instance.
E. 
Any person or persons owning a lot who did not share in the initial cost of construction of the sewer main line who desires to connect to the sewer main line shall first pay to the finance and human resource director the proportionate amount as computed by the public works director to be the cost per lot before said person or persons shall be allowed to connect to the sewer main line or before a building permit for construction of said lot shall be issued by the city. Upon receipt of the same, the finance and human resource director shall file a statement, duly certified, showing that payment of sewer main line construction charges attributable to said lot have been paid.
F. 
Upon receipt of the proportionate share of moneys attributable to that lot desiring to connect to the constructed sewer main line, the finance and human resource director shall place said funds in a trust fund for the benefit of the person or persons who initially constructed the sewer main line or their successors in interest. As said moneys are paid into the trust fund, the finance and human resource director shall apportion the same to the person or persons originally paying for the sewer main line in the amounts to which said person or persons are respectively entitled; provided however, that in the event said person or persons originally paying for the sewer main line shall have transferred said property to a third party, the finance and human resource director shall pay such proportionate share to the owner of record at the time such payment is made; and provided further, that the finance and human resource director shall pay such proportionate share to a purchaser under contract of sale, if in such contract of sale the seller authorizes such payment to be made to the purchaser. Said trust fund shall continue for a period of 10 years, after which time the finance and human resource director shall cause the trust fund to be closed and any proceeds remaining in the fund to be transferred to the person or persons constructing the sewer main line or their successors in interest. After the period of 10 years has expired, the city shall no longer require any person or persons desiring to connect to said sewer main line to pay the proportionate costs of construction as set forth in this section, nor shall the city be responsible for collection of the same.
(Ord. 88-O-430 Art. IV § 18; Ord. 14-O-725 § 2)