Chapter 13.16 SEWER CONNECTIONS

The health officer is empowered and it is made his duty in all cases where there is a public sewer in any street, highway, lane or alley in the city to compel every owner or occupant of lands, buildings or premises fronting or abutting on the street, highway, lane or alley or within 150 feet of the same, to construct, or cause to be constructed a sufficient sewer or drain pipe in the manner prescribed in this chapter, which shall connect such lands, buildings or premises and all vaults, cesspools, water closets and pipes therein or thereon used as a receptacle or conductor of filth with such nearest accessible public sewer (unless such a connection is impracticable by reason of the topography of the ground) and the material used in the construction of such private sewer or drain pipe shall be substantially like that used in the public sewer with which the connection is made. (Prior code § 6.04.010).

13.16.020 Failure to connect to sewer – Connection by city – Board of assessors created.

A. Every person, firm, company or corporation owning any land or premises situated within the limits prescribed in CMC 13.16.010 in all cases where there is a public sewer in any street, alley, lane or highway shall make a sufficient drain from his, her, their or its house, lot or premises connected with such sewer, and the health officer shall have power in all cases where there is a public sewer, as aforesaid, to cause such connection to be made and shall give such owner, his, her, their or its agent or tenants notice, in writing, specifying the time when such drain must be completed; providing such time shall not exceed 60 days; and if such owner, agent or tenants fail, neglect or refuse to complete the same within the time specified, the health officer shall report the same to the city council and the city council shall immediately cause the drain to be constructed, and the amount paid for the construction of the same shall be assessed against the premises so drained by the city council.

B. The city council constitutes the board of assessors for the purpose of assessing the costs and expenses for the construction of the sewer or drain on the lot or lots and premises affected by the construction of the same. (Prior code § 6.04.020).

13.16.030 Board of assessors – Duties.

Immediately upon the completion of such drain, as provided by CMC 13.16.020, it is the duty of the city council to subscribe and take an oath for the faithful performance of their duties as such assessors, and proceed to assess the cost and expense of constructing the drain on the property which is benefited and drained by the same for the full amount of the cost of the construction of the same. (Prior code § 6.04.030).

13.16.040 Board of assessors – Preparation of assessment roll.

It is the duty of the city council to prepare an assessment roll which shall contain a description of each lot or parcel of land affected or benefited by the construction of said drain, together with the name of the owner, if known, if not to be so stated, and the amount assessed against each parcel or lot, set opposite the description. And in making such assessment a decision of a majority of the city council shall be deemed a decision of the city council. (Prior code § 6.04.040).

13.16.050 Assessment roll – Publication – Service – Objections.

A. On the completion of the assessment roll it shall be the duty of the city council forthwith to file the same with the city clerk and thereupon the city clerk shall cause the same to be published for one week in the newspaper doing the city advertising, together with a notice that the assessment roll is on file in his office subject to the inspection of all persons interested, and that the first legal meeting of the city council after the last publication shall be held on the day and hour named in the notice.

B. Any person feeling aggrieved by reason of such assessment may appear before the city council with a view to the amendment of the same, and the city clerk shall deliver a certified copy of the assessment roll and notice to the chief of police whose duty it shall be to forthwith serve the same personally upon the owner of the premises by delivering to him the certified copy, if he can be found within the city.

C. The city council at the time and place designated in such notice may amend and revise the assessment if they find that more or less of the true cost of the drain has been assessed against the property so improved. (Prior code § 6.04.050).

13.16.060 Assessment roll – Changes.

The city clerk shall note on said assessment roll, opposite each description if there is more than one, any change made by the city council in such assessment and shall thereupon deliver to the city treasurer a certified copy of the assessment roll. (Prior code § 6.04.060).

13.16.070 Assessment roll – Publication – Failure to pay assessments.

Upon the receipt of the assessment roll it shall be the duty of the city treasurer to publish notice in the newspaper doing the city advertising for one week that a certified copy of such assessment roll is in his custody, and that unless the assessments are paid to the city treasurer within 10 days from the date of such publication the same will be delinquent and be collected according to law. (Prior code § 6.04.070).

13.16.080 Delinquent assessments – Collection.

It is the duty of the city treasurer to report at the first meeting of the city council held after such assessments become delinquent to the city council, what portion of the assessment is delinquent, together with the description of lot or lots upon which the assessments are delinquent, together with the name of the owners and thereupon it shall be the duty of the city attorney under the direction of the city council to enforce by proper proceedings, the lien of such assessments upon the lot or lots against which the assessments have not been paid. (Prior code § 6.04.080).

13.16.090 Deposit of collected assessments.

When assessments are collected by the city treasurer the sum shall be by him turned into the indebtedness fund of the city. (Prior code § 6.04.090).

13.16.100 Delinquent assessments – Interest.

All assessments levied under the provisions of this chapter shall bear interest from and after the date the same become delinquent at the same rate as general municipal taxes. (Prior code § 6.04.100).

13.16.110 Connection with public sewer – Repair of streets.

A. No person, firm or corporation shall make any connection with any of the public sewers in the city without first notifying the water and street superintendents 48 hours in advance, and the connection shall be made under the direct supervision of the street and/or water superintendent of the city.

B. No orangeburg or orangeburg type pipe may be used in any portion of the public street, and the backfilling and resurfacing and repairing of any portion of the public street shall be performed by the street department or water department, and a charge of $1.50 per lineal foot, with a minimum of $10.00, shall be charged for the surface. The sum shall be paid in advance and prior to any excavation. (Prior code § 6.04.120).

13.16.120 Violation of CMC 13.16.110 – Penalty.

Any person violating any of the terms of CMC 13.16.110 shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined not less than $25.00 nor more than $100.00 and shall pay the costs of prosecution. (Prior code § 6.04.130).

13.16.130 Permit – Applications – Violation and penalty.

A. All applications for permits must be made by the owner or agent, and must state the location of the sewer, the number of lot and block to be connected and how they are occupied.

B. It is unlawful for any person to extend any private sewer or drain beyond the limits of buildings or property for which the permit has been given.

C. Any person violating this section shall be guilty of a misdemeanor and punished by a fine of not less than $25.00 nor more than $100.00, and pay all costs of prosecution and be committed until such fine and costs are paid. (Prior code § 6.04.140).

13.16.140 Conditions of permission for connection.

All permissions given, as set forth in this chapter, to connect sewers and drains shall be upon the express condition that the city council may at any time revoke and annul the same, and the person making such connection or their successors in interest shall have no right to claim any damages in consequence of such permission being revoked or annulled. (Prior code § 6.04.150).

13.16.150 Sewer extensions or hooking on – Plans.

No person, firm or corporation shall hook on to the existing city sewer system, or create any extensions to the existing city sewer system which will eventually become a part of the city sewer system, without first submitting detailed plans of the proposed system, to the water superintendent, which plan must meet with the approval of the State Health Department and the water superintendent, and no person, firm or corporation shall be permitted to hook on to the city’s existing sewer system until such time as the foregoing requirements have been met and the plan approved as set forth in this chapter. (Prior code § 6.04.155).

13.16.160 Sewer extensions or hooking on – Regulations.

The water superintendent shall have the authority, and is delegated such authority, to set forth such regulations and requirements, from time to time, regarding construction of any extensions or anticipated extensions to the city’s sewer system, which requirements and regulations must be met by the firm, person or corporation hooking on to the city’s sewer system. (Prior code § 6.04.156).

13.16.170 Connections with public sewers – Construction.

A. All connections with public sewers or drains shall be made in a workmanlike manner, even with the inside surfaces of the sewer, where a connection “Y” has not been left, or in case the water superintendent deems best, the person making such connection shall remove a joint of the sewer pipe and insert in its place a “Y” properly placed and securely cemented before making connection therewith, and when a “Y” has been left the connection shall be made without damaging or breaking the same.

B. The street must be opened and the paving or planking macadam and earth deposited in a manner that will occasion the least inconvenience to the public and provide for a free passage along the gutter.

C. One-half of the street must be kept clear for the passage of vehicles, and bridge-ways must be provided on sidewalks for the foot passengers.

D. In refilling the trench the earth and macadam must be deposited in layers of not more than six inches in depth and be well rammed to prevent after settlement.

E. As soon as any such drain or sewer is completed the paving or planking or sidewalk must be restored to as good condition as previous to the excavation, and all rubbish and surplus earth immediately removed. (Prior code § 6.04.160).

13.16.180 Construction of drains.

All drains which enter into any public sewer or drain in any street, alley, avenue or highway shall be built of such size and material, and in such direction, and with such grade, and in such manner as the city council may direct. (Prior code § 6.04.170).

13.16.190 Connection with public sewer – Notice to water superintendent.

Notice in writing must be given to the water superintendent by any person desiring to make connections with any public sewer or drain at least five hours previous to the time of making such connections when such work will be ready for inspection and the water superintendent shall inspect the same, and the said connection must be made in the manner prescribed in this chapter and to the satisfaction of the water superintendent before the trench is filled. (Prior code § 6.04.180).

13.16.200 Extension of drains – Compliance required.

It is unlawful to construct or extend any drain for the reception of sewerage or wastewater under or into any hotel, tenement house, dwelling, or any building, or to connect the same with any public sewer unless the said drain is constructed in accordance with the provisions of this chapter. (Prior code § 6.04.190).

13.16.210 Grease traps – Required.

In all cases where a building is used as a hotel, tenement, boardinghouse, or restaurant, the owner or occupant shall provide a properly constructed grease trap through which all slops of a greasy nature shall be drained, and in all cases where sinks are used or any other opening other than toilet connections are made the opening shall be properly protected by a substantial screen of not greater than one-half inch mesh, and the water superintendent shall inspect from time to time all buildings wherein sewer connections with the public sewer have been made, or shall hereafter be made, and shall report to the health officer such violations of this chapter as he may find, and the health officer shall have authority and he is authorized and directed to compel any person, firm or corporation to provide and use the appliances aforesaid whenever, in his judgment, the same is necessary. (Prior code § 6.04.200).

13.16.220 Inspection of premises authorized – Conformance with chapter required.

The health officer or the water superintendent shall have the right to enter upon the premises drained by any house drain or connected with any public sewer at all reasonable hours to ascertain whether the provisions of this chapter or any ordinance in regard to house drains have been complied with, and if either the health officer or the water superintendent finds such drain or its attachments are in conflict with the provisions of any law or ordinance in regard thereto, the health officer or the water superintendent shall notify the owner of the premises, or the agent of such owner, of the fact. It shall thereupon be the duty of the owner, or agent of the same, to cause the drain or its attachment to be so altered, repaired or reconstructed as to make them conform with the requirements of the law or ordinance in regard thereto within 15 days from the time of receiving such notice. (Prior code § 6.04.210).

13.16.230 Damaging sewer system – Penalty.

No person, firm or corporation shall injure, break or remove any portion of any manhole, lamphole, flushtank or any part of the public sewers, and when any person or persons, firm or corporation desires to lay or drive any pipe in any of the streets on which sewers are laid, he, she or it shall give at least 24 hours’ notice to the water superintendent, and any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine of not less than $25.00, nor more than $100.00, and pay the cost of prosecution and be imprisoned until such fine and costs are paid. (Prior code § 6.04.220).

13.16.240 Depositing refuse in sewer prohibited – Penalty.

No person, firm or corporation shall deposit any garbage, rubbish, dead animal or any other substance having a tendency to obstruct the flow of the sewer in any manhole, lamphole, flushtank or sewer opening, and any person or persons violating any provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined in any sum not less than $25.00, nor more than $100.00 and pay the cost of prosecution and be imprisoned until such fine is paid. (Prior code § 6.04.230).

13.16.250 City employees to report unauthorized connection.

It is the duty of the chief of police or any employee on the streets of the city in all cases where they may find any person or persons engaged in the work of breaking ground for the purpose of making connection with public sewers or drains of the city to ascertain at once if such person or persons are duly authorized to perform such work, and in the event of such persons not being duly authorized, or not having a permit, to order them to desist under penalty of arrest for violation of this chapter, and shall immediately report the fact to the health officer and city council. (Prior code § 6.04.240).

13.16.260 Violations – Penalties.

Any person violating any of the provisions of this chapter, for which no penalty is especially provided in this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than $25.00 nor more than $100.00 and pay the cost of prosecution, and be imprisoned until such fine is paid. (Prior code § 6.04.250).