Chapter 13.40
PERMITS AND FEES
Sections:
13.40.010 Required for all work.
13.40.030 Compliance required – Changes in permit.
13.40.040 Applicant’s signature constitutes agreement.
13.40.050 Fees – Established by resolution.
13.40.060 Special connection charges.
13.40.065 Connection fees – Deferred payment.
13.40.080 Inspection of work – Issuance of certificate.
13.40.090 Notification that work is ready for inspection.
13.40.110 All costs paid by owner.
13.40.120 Street excavation permit.
13.40.140 Time limit on permits.
13.40.150 Pretreatment charges and fees.
13.40.010 Required for all work.
No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the city. (Ord. 76-360 § 801).
13.40.020 Application.
A. Any person legally entitled to apply for and receive a permit shall provide the information required and present it in the manner stipulated by Chapter 12.08 FMC. Additionally, information on the ownership, occupancy, and proposed use of the premises shall be provided.
B. The director of public works, if he determines that the plans, specifications, drawings, descriptions, information, and insurance furnished by the applicant are in compliance with the ordinances, rules and regulations of the city, shall issue the permit upon payment of any required fees. The amount of any required fees shall be established by resolution. (Ord 87-508 § 4).
13.40.030 Compliance required – Changes in permit.
After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from city, the director of public works, or other authorized representatives. (Ord. 76-360 § 803).
13.40.040 Applicant’s signature constitutes agreement.
The applicant’s signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms, and requirements of this division and other ordinances, rules and regulations of the city, and with plans and specifications of the city, and with the plans and specifications he has filed with his application, if any, together with such corrections or modifications as may be made or permitted by the city, if any. Such agreement shall be binding upon the applicant and may be altered only by the city upon the written request for the alteration from the applicant. (Ord. 76-360 § 804).
13.40.050 Fees – Established by resolution.
The fees and charges for connection to the public sewer shall be as from time to time established by the city council by resolution. (Ord. 79-421 § 1; Ord. 76-360 § 805).
13.40.060 Special connection charges.
In addition to any other charges established by resolution, the city may establish special connection charges for any sewer connection when, in the opinion of the city council, the circumstances or unusual condition of such connection necessitates the payment of charges over and above those established by resolution. (Ord. 79-421 § 2; Ord. 76-360 § 806).
13.40.065 Connection fees – Deferred payment.
Whenever a sewer connection is required by the city on an existing building, the owner may apply to the city manager for payment of the sewer connection fee pursuant to a deferred payment plan, which would allow for payment of the entire fee within 24 months together with simple interest at a rate of 18 percent per annum. All costs for processing the deferred payment plan will be included with the fee for repayment. Such agreement shall be secured by a deed or trust recorded against the property receiving the service. (Ord. 90-554).
13.40.070 Bonding required.
Prior to the issuance of a permit for public sewer construction the applicant shall furnish to the city a faithful performance bond or cash in the amount of the total estimated cost of the work, said bond to be secured by a surety or sureties satisfactory to the city. This cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of one year after the date of acceptance of the work. (Ord. 76-360 § 807).
13.40.080 Inspection of work – Issuance of certificate.
A. All sewer construction work shall be inspected by an inspector acting for the city to ensure compliance with all requirements of the city.
B. No sewer shall be covered at any point until it has been inspected and passed for acceptance.
C. No sewer shall be connected to the city’s public sewer until the work covered by the permit has been completed, inspected, and approved by the city inspector.
D. If the test proves satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the inspector shall issue a certificate of satisfactory completion. (Ord. 76-360 § 808).
13.40.090 Notification that work is ready for inspection.
It shall be the duty of the person doing the work authorized by permit to notify the office of the city in writing that the work is ready for inspection. Such notification shall be given not less than 24 hours, Saturdays, Sundays, and holidays excluded, before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by the city before giving the above notification. (Ord. 76-360 § 809).
13.40.100 Condemned work.
When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the city. (Ord. 76-360 § 810).
13.40.110 All costs paid by owner.
All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued including the inspection, shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the work. (Ord. 76-360 § 811).
13.40.120 Street excavation permit.
A separate permit must be secured from the city, county, or any other person having jurisdiction thereover by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. (Ord. 76-360 § 812).
13.40.130 Liability.
The city and its officers, agents, and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall save the city and its officers, agents, and employees harmless from any liability imposed by law upon the city or its officers, agents, or employees, including all costs, expenses, fees and interest incurred in defending the same or in seeking to enforce this provision. The applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. (Ord. 76-360 § 813).
13.40.140 Time limit on permits.
If work under a permit is not commenced within six months from the date of issuance or, if after partial completion the work is discontinued for a period of one year, the permit shall thereupon become void and no further work shall be done until a new permit has been secured. A new fee shall be paid upon the issuance of a new permit, if required. (Ord. 76-360 § 814).
13.40.150 Pretreatment charges and fees.
The city council may adopt reasonable charges and fees by resolution for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:
A. Fees for wastewater discharge permit applications including the cost of processing such applications.
B. Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user’s discharge, and reviewing monitoring reports submitted by the users.
C. Fees for reviewing and responding to accidental discharge procedures and construction.
D. Fees for filing appeals.
E. Other fees as the city may deem necessary to carry out the requirements contained in this section. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city. (Ord. 2019-735 § 2 (Exh. 1)).