Township of Northville, MI Article I Sewage Disposal Systems

[Adopted 7-11-1991 as Subchapter B of Ch. 61 of the Code of Ordinances]

§ 139-1 Establishment of sewage disposal system as public utility.

As authorized by the laws of the State of Michigan, there is hereby established a Northville Township sewage disposal system, which shall be maintained and operated as a single public improvement on a public utility basis in accordance with the Master Utility Plan and all applicable provisions of the Township Code.

§ 139-2 Prohibitions.

A. It shall be unlawful for any person to place or deposit or permit to be deposited in any area under the jurisdiction of the Township for discharge onto the ground or into any natural watercourse any substance which is injurious to the public health or detrimental to the public welfare.

B. Except as otherwise provided in this article, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

C. It shall be unlawful to introduce new inflow sources to the separate sanitary sewer system in the Township.

D. It shall be unlawful to construct combined sewers in the Township.

E. It shall be unlawful for any new building sanitary wastewater connection to contain footing drain and/or roof leader wastewater contributions.

§ 139-3 Connection requirement.

A. Public sanitary sewer systems are essential to the health, safety and welfare of the people of the Township. Failure or potential failure of septic tank disposal systems poses a threat to the public health, safety and welfare, presents a potential for ill health, transmission of disease, mortality and economic blight and constitutes a threat to the quality of surface and subsurface waters of the Township. The connection to available public sanitary sewer systems at the earliest reasonable date is a matter for the protection of the public health, safety and welfare and necessary in the public interest, which is declared as a matter of legislative determination by the Township Board.

B. Any building or structure in which toilet, kitchen, laundry, bathing or other facilities which generate water-carried sewage are used or are available for use for household, commercial, industrial or other purposes shall be connected to the Township sewage disposal system available to service the building or structure. "Available" means the Township sewage disposal system is located in a right-of-way, easement, highway, street or public way which crosses, adjoins or abuts the property and passing not more than 200 feet at the nearest point from the building or structure from which the sewage originates.

C. Time limit for connection; notice requirements.

(1) The connection shall be completed promptly but not later than 24 months after the date of occurrence of any of the following events:

(a) Publication of a notice in a newspaper of general circulation in the Township that a sanitary sewer has been constructed and has been accepted by the Township for public use; or

(b) Modification of a proprietor's structure so as to become a structure in which sewage originates as determined by a certificate of occupancy issued by the Township; or

(c) First-class mail notice to the owner of the property as listed on the current tax rolls that a sanitary sewer service is available; or

(d) Posting of notice on the property that sanitary sewer service is available.

(2) The notice shall provide that the structure(s) on the property shall be connected to the available Township sewage disposal system and the date by which such connection shall be accomplished. The notice shall give the approximate location of the Township sewer which is available for connection of the structure(s) involved and shall advise the owner of the connection charges and tap-in fees applicable.

D. When a structure in which sewage originates is not connected to the available Township sewage disposal system within 90 days of the modification of a structure or by the date specified in the notice, the Township may bring an action for amendatory injunction or order in a court of competent jurisdiction to compel the owner to connect immediately to the Township sewage disposal system, which action shall be in addition to and shall not exclude or limit the penalties applicable pursuant to § 139-10.

E. All expense for labor and materials necessary to transmit the sewage from the building sewer to the available Township sewer shall be the sole obligation of the owner, not the Township.

§ 139-4 Use of septic tank when public sewer not available.

A. Where a public sewer is not available, the building sewer shall be connected with a septic tank or other private sewage disposal facility which shall meet all requirements of the Wayne County Health Department. The owner shall operate the private sewage disposal facilities in a sanitary manner at all times at no expense to the Township.

B. At such time as a public sewer becomes available to a property served by a private sewage disposal facility, as provided in § 139-3 above, a direct connection shall be made to the public sewer as required by this article and any septic tank, privy, vault, cesspool and similar private sewage facilities on the property shall be abandoned and filled in a manner approved by the Health Department.

§ 139-5 Control and management.

The sewage disposal system shall be under the exclusive control and management of the Northville Township Water and Sewer Commission, subject to required approvals by the Township Board.

§ 139-6 Rules and regulations.

[Amended 10-17-2002]

The Director of Public Services shall establish and from time to time amend rules and regulations to provide for protection of the sewage disposal system and to govern use of its facilities and services. Such rules and regulations, when approved by resolution of the Township Board, shall be considered a part of this article and violations thereof shall be subject to the penalties provided herein.

§ 139-7 Charges.

A. Charges and rates for connection privileges, connection permits and installations and for service provided by the sewage disposal system shall be recommended by the Director of Public Services and shall be amended from time to time by the Board of Trustees if found advisable. Such charges and rates, when approved by resolution of the Township Board, shall be considered a part of this article.

[Amended 10-17-2002]

B. Charges for sewage disposal service shall constitute a lien on the property served. On or before October 1 each year, the Director of Public Services shall submit to the Township Treasurer a certified statement of outstanding unpaid sewage disposal charges. The Township Treasurer shall place such charges on the next general tax roll, and the same shall be collected as part of the general Township taxes.

C. If notice is given in writing to the Director of Public Services or the Township Board that a tenant is responsible for sewage disposal charges, then such charges thereafter shall not become a lien on the property but, in such cases, the Director of Public Services shall require a cash deposit in an amount to be set by resolution of the Township Board before any water service or sewage disposal service is furnished to the property.

§ 139-8 Construction requirements.

The materials and construction of building sewers and of all connections into the sewage disposal system shall conform to specifications established by the Director of Public Services.

§ 139-9 Extensions of system.

A. All extensions of or additions to the sewage disposal system shall be at the proprietor's expense and shall be made or supervised by the Water Utility in the following manner:

(1) Any proprietor who purposes to make any extension or addition to the sewage disposal system shall first apply to the Director of Public Services, which will advise him of any features which will be required in the proposed improvement in order to conform and fit such improvement to the Master Utility Plan for the Northville Township Sewage Disposal System.

(2) The proprietors shall then cause to be prepared engineering plans and specifications for the proposed improvement which meet all requirements for the design and construction of sewage disposal facilities in the Township as well as the requirements of the Master Utility Plan.

(3) The proprietor shall submit his engineering plans and specifications for approval to the Director of Public Services.

B. No construction shall begin until the engineering plans and specifications have been approved by the Director of Public Services and have received all other applicable approvals and permits.

C. The proprietor shall be responsible for the cost of Township engineering supervision, construction layout and detailed inspection to assure that the construction conforms to the approved plans and specifications.

D. The Director of Public Services and its agents shall maintain supervisory inspection and shall have the right to enter any premises where the work is in progress or is completed for the purpose of such inspection and shall have the right to stop work and to condemn and order the removal of completed work not in accordance with the approved plans and specifications.

§ 139-10 Violations and penalties.

[Amended 5-21-2009]

Notwithstanding any language in this article to the contrary, any person who shall violate the provisions of this article shall be responsible for a municipal civil infraction, subject to the following penalties:

A. The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction, unless a different fine is specified in connection with a particular section:

(1) First offense. The civil fine for a first offense violation shall be in the amount of not less than $300, plus costs and other sanctions, for each offense.

(2) Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of not less than $500, plus costs and other sanctions for each offense.

B. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of, the article.

C. Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.

D. Remedies not exclusive. In addition to any remedies provided for by the Code of the Charter Township of Northville, any equitable or other remedies available may be sought.

E. The Judge or Magistrate shall be authorized to impose costs, damages and expenses as provided by law.

F. A municipal civil infraction shall not be a lesser-included offense of a criminal offense or of an ordinance violation which is not a civil infraction.