CHAPTER 2
SEWERS
ARTICLE 9. PERMITS AND FEES
SECTION:
§3708.2 Work Not Requiring A Permit
§3708.3 Application For Permit
§3708.4 Compliance With Permit
§3708.6 Fees – Special Connection Charges
§3708.7 Fees – Permit And Inspection Charges
§3708.8 Performance Guarantee – Public Sewer Construction
§3708.9 All Work To Be Inspected
§3708.12 All Costs Paid By Owner
§3708.13 Street Excavation Permit
§3708.1 PERMIT REQUIRED
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 street lateral or building lateral without first obtaining a written permit from the City. (Ord. 845, §4, adopted 1985)
§3708.2 WORK NOT REQUIRING A PERMIT
No permit shall be required in the case of any repair work as follows: the stopping of leaks in drains, soil, waste or vent pipe; provided, however, that should any trap, drainpipe, soil, waste or vent pipe to be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as herein provided. No permit shall be required for the cleaning of stoppages or the repairing of leaks in pipes, valves, or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (Ord. 845, §4, adopted 1985)
§3708.3 APPLICATION FOR PERMIT
Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the City for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The City may require plans, specifications or drawings and such other information as it may deem necessary.
If the City determines that the plans, specifications, drawings, descriptions and information furnished by the applicant are in compliance with the ordinances, rules and regulations of the City, the City shall issue the permit applied for upon payment of the required fees as hereinafter fixed. (Ord. 845, §4, adopted 1985)
§3708.4 COMPLIANCE WITH PERMIT
After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewerage works, 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 the City Engineer. (Ord. 845, §4, adopted 1985)
§3708.5 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 and other ordinances, rules and regulations 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 may be binding upon the applicant and may be altered only by the City upon the written request for the alteration from the applicant. (Ord. 845, §4, adopted 1985)
§3708.6 FEES – SPECIAL CONNECTION CHARGES
In addition to any other charges established herein, the City may establish special connection charges for any sewer connection when, in the opinion of the Council, the circumstances of such connection necessitate the establishment of unusual conditions or necessitate the payment of charges over and above those established herein. (Ord. 845, §4, adopted 1985)
§3708.7 FEES – PERMIT AND INSPECTION CHARGES
A. Single Family Units, Multiple Dwellings, Commercial, Industrial, Public and Other Uses: The schedule of charges for the inspection of all side sewers, lateral sewers, house and trunk and main sewers, shall be in accordance with the requirements contained in a resolution adopted by the Council of the City, as presently existing or as hereafter amended.
B. Alteration of Existing Sewer Installation: A permit fee shall be paid to the City for issuing a permit and inspecting any work adding to, altering, or extending an existing building sewer installation. When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling or private sewage disposal facilities abandoned consequent to such connection is included in the permit.
C. Failure to Obtain Permit: Any person who shall commence any work for which a permit is required by this ordinance without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee plus one hundred dollars ($100.00) for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Director of Public Works that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so and if there be an unreasonable delay in obtaining such permit, a fine as described in Article XI of this ordinance shall be charged. (Ord. 845, §4, adopted 1985)
§3708.8 PERFORMANCE GUARANTEE – PUBLIC SEWER CONSTRUCTION
The applicant shall post a surety bond, cash or other security satisfactory to the City to guarantee the faithful performance of any agreement for public main extension entered into with the City Council. Said surety bond, cash or security shall be in the sum of one hundred percent (100%) of the estimated costs of the work, or in such other sum as may be fixed by the City Council, and shall be in addition to guaranteeing the faithful performance of the work, guarantee the maintenance of the sewer main for a period of one year following the completion and acceptance of the work by the City. (Ord. 845, §4, adopted 1985)
§3708.9 ALL WORK TO BE INSPECTED
All sewer construction work shall be inspected by an inspector acting for the City to insure compliance with all requirements of the City. No sewer shall be covered at any point until it has been inspected and passed for acceptance. 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 inspector. If the test proves satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the City Engineer shall issue a certificate of satisfactory completion.
For public sewer construction, the owner or owners and/or contractor shall deposit with the Director of Public Works a sum to be fixed by the City Engineer prior to commencement of work. Said sum shall be estimated to equal the cost of inspecting said work and other expenses regularly incurred in connection therewith. The amount to be charged for inspection shall be on a lineal footage basis on all lines of six inch (6") diameter or more and a flat fee for four inch (4") street laterals established by resolution adopted by the City Council. Should the amount of the deposit be insufficient to pay such costs incurred by the City, the owner or owners and/or contractor shall advance such additional sums as shall be necessary to pay said costs prior to the final inspection of the work. (Ord. 845, §4, adopted 1985)
§3708.10 NOTIFICATION
It shall be the duty of the person doing the work authorized by permit to notify the office of the Director of Public Works in writing that said work is ready for inspection. Such notification shall be given not less than twenty four (24) hours, Saturdays, Sundays and Holidays excluded, before the work is ready 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. 845, §4, adopted 1985)
§3708.11 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. 845, §4, adopted 1985)
§3708.12 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 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. 845, §4, adopted 1985)
§3708.13 STREET EXCAVATION PERMIT
A separate encroachment permit must be procured from the City or any other political subdivision or public agency 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. 845, §4, adopted 1985)
§3708.14 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 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 same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. (Ord. 845, §4, adopted 1985)