Chapter 13.26
SEWER MAINTENANCE AND REPAIR
Sections:
13.26.020 Responsibility for sewer lateral and main.
13.26.030 Maintenance of sewer lateral.
13.26.040 Dispute over location of sewer malfunction – Reimbursement to city.
13.26.010 Definitions.
In this chapter, unless the context otherwise requires:
A. “Sewer lateral” is the pipe or conduit that discharges wastewater from an individual building into a sewer main. The lateral includes sewer piping extending both within private property and within a public street or public easement. The lateral does not include the “y” or “t” connection to the sewer main.
B. “Sewer main” is the pipe or conduit located wholly within the public street or public right-of-way which attaches to and collects wastewater being discharged from one or more sewer laterals. The sewer main includes the “y” or “t” connection attaching the sewer main line to the individual sewer lateral lines. [Ord. 1011 § 1, 1991.]
13.26.020 Responsibility for sewer lateral and main.
A. Each property owner is responsible for the installation, repair and maintenance of the sewer lateral within the owner’s private property (upper lateral).
B. The city is responsible for the repair and maintenance of the sewer lateral within the public street or public easement (lower lateral) and the sewer main. [Ord. 08-1308 § 6, 2008; Ord. 01-1188 § 2, 2001; Ord. 1011 § 1, 1991.]
13.26.030 Maintenance of sewer lateral.
Each owner shall keep his/her sewer lateral in good order at his/her own expense and is responsible for damage to any of the city’s property comprising any part of the sewer system which results from the owner’s use, repair or maintenance of the sewer lateral within the control and responsibility of the property owner. If repair or maintenance of the sewer lateral is confined to the area between the private structure and the street right-of-way or utility easement (upper sewer lateral), then this is the responsibility of the property owner. If the required sewer lateral repair extends into the sewer lateral between the street right-of-way or utility easement and the city sewer main (lower lateral), then it becomes the responsibility of the city.
The city shall have the right to enter onto private property for the purpose of inspection, maintenance, repair, rehabilitation, or replacement of the portion of the lateral sewer that may be maintained by the city. [Ord. 10-1324 § 5, 2010; Ord. 08-1308 § 6, 2008; Ord. 01-1188 § 2, 2001; Ord. 1011 § 1, 1991.]
13.26.040 Dispute over location of sewer malfunction – Reimbursement to city.
A. If the location of a sewer malfunction and the responsibility for its repair is disputed or cannot be determined from surface observation, the director of public services may expose parts of the sewer line within the public street, public right-of-way, or sewer main as necessary to determine the cause of the malfunction and whether it originates within either the sewer lateral within the owner’s private property or within the sewer main or public street or public easement.
B. If the malfunction is determined to be within the lateral for which the city is responsible under the provisions of this section including the sewer main as defined in this section, the city shall conduct the repair at no charge to the property owner.
C. If the malfunction is determined to be within the sewer lateral for which the property owner is responsible, the city may proceed with the repairs to such lateral upon notice to the property owner. The city may require a written reimbursement agreement executed by the property owner before beginning repair. A malfunctioning sewer lateral located within the owner’s private property is declared to be a public nuisance. If the owner refuses to execute a reimbursement agreement, the city may abate the nuisance pursuant to Chapter 1.20 PMC and may cause the cost of abatement to be a lien against the property in the manner described in Chapter 1.20 PMC. The property owner shall reimburse the city for all costs necessarily incurred by the city in performing the repair work to the sewer lateral. [Ord. 01-1188 § 2, 2001; Ord. 1011 § 1, 1991.]