Chapter 13.08 SEWER SYSTEM

(1) An “account” is established when an entity has the availability to the use of city utilities. An entity is any natural person, firm, association, corporation, business trust, partnership, limited liability company, state, state agency, or state political subdivision, foreign government, the United States of America, or any federal agency or federal political subdivision or other body political. In the event an entity has more one location, each location is a separate account.

(2) “Applicant” means the owner or authorized agent of the property to be served, and the applicant is the responsible person for payment of charges stated herein.

(3) “BOD” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.

(4) “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

(5) “Building inspector” means the appointed building inspector for the city or his authorized deputy, agent or representative.

(6) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.

(7) “Combined sewer” means a sewer receiving both surface run-off and sewage.

(8) “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

(9) “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.

(10) “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

(11) “Person” means any individual, firm, company, association, society, corporation or group.

(12) “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(13) “Private sewer” means the sewer line and disposal system constructed, installed or maintained where connection with the public sewer system is not required herein.

(14) “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

(15) “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(16) “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(17) “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

(18) “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

(19) “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

(20) “Sewer” means a pipe or conduit for carrying sewage.

(21) “Shall” is mandatory; “may” is permissive.

(22) “Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

(23) “Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(24) “Superintendent” means the superintendent of sewage works and/or of water pollution control of the city, or his authorized deputy, agent or representative.

(25) “Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.

(26) “User” includes availability of city facilities at a location without actual use.

(27) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 841 § 2, 1998; Ord. 784 § 1, 1996; Ord. 624 Art. 1, 1986).

13.08.020 Sewer department – Established.

A sewer department of the city is established. The officers and other employees shall consist of a superintendent and such other personnel as the city council may from time to time deem necessary for the efficient administration of the department. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 422 § 2, 1972).

13.08.030 Sewer department – Personnel appointment.

The maintenance superintendent shall be the superintendent of the sewer department and such other personnel as the city council may from time to time authorize shall be appointed by the mayor and shall hold such appointment during the pleasure of the mayor. The superintendent and such other personnel as may be authorized shall receive such salary as the city council may determine in the city budget. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 422 § 3, 1972).

13.08.040 Sewer department – Superintendent duties.

The duties of the superintendent shall be to oversee and superintend the operation and maintenance of the sewer system, the making of repairs of all kinds, the construction of all extensions and additions, and all construction work of whatever nature whatsoever in connection with the present sewer systems and any new systems that may be established. The superintendent shall at all times be subject to the duties and supervision outlined in the city personnel policy manual for the maintenance superintendent. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 422 § 4, 1972).

13.08.050 Use of public sewers required.

(a) It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

(b) It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(c) Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(d) The owners of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated with the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer to the city, are required at their expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 60 days after date of official notice to do so; provided, that the public sewer is within 250 feet of the property line. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 2, 1986).

13.08.060 Private sewage disposal.

(a) Where a public sanitary or combined sewer is not available under the provisions of DMC 13.08.050(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

(b) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as is deemed necessary by the superintendent. A permit and inspection fee shall be paid to Lincoln County at the time the application is filed.

(c) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the superintendent.

(d) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the department of public health of the county. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(e) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in DMC 13.08.050(d), a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(f) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(g) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.

(h) When a public sewer becomes available, the building sewer shall be connected to such sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with approved material. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 3, 1986).

13.08.070 Building sewers and connections.

(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

(b) There shall be two classes of building sewer permits:

(1) For residential and commercial service; and

(2) For service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee shall be charged for a residential or commercial building sewer permit and a separate charge for an industrial building sewer permit shall be paid to the city at the time the application is filed. All fees and charges are established in the city fee schedule adopted and approved by city council resolution.

(c) All costs and expense incident to the installation, connection, maintenance or replacement of the building sewer from the premises to the city main line 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 installation or repair of the building sewer.

(d) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(e) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.

(f) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(g) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(h) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(i) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. All connection and further maintenance costs of the line from the premises to the main line are the responsibility of the property owner. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

(j) The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative.

(k) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 4, 1986).

13.08.080 Connection – Drain and pump requirements.

(a) Every person as described in DMC 13.08.050 shall make sufficient drain from the premises to be connected with the sewer or, in the alternative, provide a proper sewer pump or lift station therefor and shall be connected with the public sewer as provided in this chapter. The sewer superintendent shall have the power to cause such connection to be made and shall cause the city clerk-treasurer to give such person refusing to connect a notice in writing and by publication in the official newspaper of the city that construction of such sewer and connection to the public sewer is required, such construction to be commenced within 60 days.

(b) If such person fails, neglects or refuses to connect with the public sewer, the sewer superintendent shall report such failure to the appropriate committee of the city council, which shall immediately cause the sewer or drain to be constructed and assess such cost of the construction and connection against the sewer connection fund of the city, to the extent herein provided, and against the premises so drained, and shall report same to the city council in the same manner as assessments for street improvements, and upon confirmation of the same by the city council, the amount thereof shall be assessed against the premises drained and if not paid the same may be collected and lien therefor enforced in the same manner as assessments for street improvements are collected and enforced. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 422 § 20, 1972).

13.08.090 Responsibility for cost of infrastructure for undeveloped platted and replatted areas.

The developer, if applicable, or property owner shall be responsible for the installation of all water lines and sewer lines and for the construction of streets, with curbing, in undeveloped, platted, or replatted areas within the city limits. Costs of the city engineer review and construction shall be borne by the developer/property owner. Construction engineering and construction standards are to conform to city specifications as determined and set by the city engineer and superintendent. No building permit shall be granted until infrastructure construction has met approval of the city superintendent. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 803, 1997).

13.08.100 Private system – Permitted when.

Where a public sewer line is not available under the provisions of DMC 13.08.080, a private sewer and sewage disposal system shall be constructed, connected and maintained in accordance with the provisions of this chapter. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 876 § 1, 2001).

13.08.110 Opening – Permit required.

No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer without first obtaining a written permit from the city clerk-treasurer. No unauthorized person shall open, alter or disturb the streets or alleys of the city for the purpose of making connection with the public sewer system without first obtaining a written encroachment permit therefor from the city clerk. The fee for an encroachment permit is established in the city fee schedule and approved by city council resolution. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 876 § 1, 2001).

13.08.120 Connection – Fee – Designated.

The fee for connecting to the public sewer, which shall be paid to the city clerk-treasurer at the time the building permit is filed as herein provided in the city fee schedule, is established and approved by city council resolution as follows:

(1) A charge based on the size of water meter supplying the property for each single-family unit.

(2) A charge based on the size of water meter supplying the property for an apartment or duplex space; provided, that for an apartment complex of less than 10 contiguous living units there is a base fee plus a charge per unit. For an apartment complex of 10 or more contiguous living units there is a base fee plus a charge per unit.

(3) A basic connection charge based on the size of water meter supplying the property for each motel or trailer park, plus a charge for each unit or trailer space.

(4) A basic connection charge for each industrial or commercial establishment based on the size of water meter supplying the property. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 779 § 1, 1996; Ord. 714 § 1, 1993; Ord. 422 § 23, 1972).

13.08.130 Connection – Fee – Disposition.

The city clerk-treasurer shall deposit all sewer connection charges into the sewer fund. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 714 § 1, 1993; Ord. 433 § 1, 1973; Ord. 422 § 24, 1972).

13.08.140 Sewer connection fund – Established.²

There is established a sewer connection fund into which all sewer connection funds paid for connecting to the public sewer shall be deposited. All construction costs for the connection by property owners to the public sewer shall be paid from the sewer connection fund within the limitations hereinbefore provided. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 433 § 1, 1973; Ord. 422 § 25, 1972).

13.08.150 Sewer connection fund – Moneys source.

The city shall pay to the sewer connection fund from the current expense fund the following amounts: for all sewer connections of public buildings and parks, an amount figured at regular rates for each service installed. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 433 § 1, 1973; Ord. 422 § 26, 1972).

13.08.160 Prohibited discharges.

(a) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.

(c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard to the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;

(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§§ 1 – 3), 1986).

13.08.170 Prohibited discharges – Wastes prohibited by superintendent.

(a) No person shall discharge or cause to be discharged the substances described in subsection (b) of this section, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.

(b) The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade);

(2) Any water or waste containing fats, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero to 65 degrees centigrade);

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent;

(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials;

(6) Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters;

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;

(8) Any waters or wastes having a pH in excess of 9.5;

(9) Materials which exert or cause:

(A) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);

(B) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(C) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

(D) Unusual volume of flow or concentration of wastes constituting slugs, as defined in this chapter;

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plan effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§ 4), 1986).

13.08.180 Superintendent – Discretionary powers.

(a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in DMC 13.08.170, and which in the judgment of the superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of DMC 13.08.230.

(b) If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§ 5), 1986).

13.08.190 Grease, oil and sand interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the city engineer and superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§ 6), 1986).

13.08.200 Maintenance of preliminary treatment or flow-equalizing facilities.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 6 (§ 7), 1986).

13.08.210 Installation of manholes.

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§ 8), 1986).

13.08.220 Measurements, tests and analyses.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls from a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§ 9), 1986).

13.08.230 Special agreements or arrangements.

No statement contained in DMC 13.08.160 through 13.08.220 shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 5 (§ 10), 1986).

13.08.240 Equipment damaging prohibited.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 6, 1986).

13.08.250 Powers and authority of inspection.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 7 (§ 1), 1986).

13.08.260 Liability for personal injury or property damage.

While performing the necessary work on private properties referred to in DMC 13.08.250, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in DMC 13.08.210. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 7 (§ 2), 1986).

13.08.270 Right of entry.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 7 (§ 3), 1986).

13.08.280 Violation – Penalty.

(a) Any person found to be violating any provision of this chapter except DMC 13.08.240 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b) Any person who shall continue any violation beyond the time limit provided for in subsection (a) of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each violation. All fines are established in the city’s fee schedule as adopted and approved by city council resolution. Each day in which any such violation shall continue shall be deemed a separate offense.

(c) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage caused the city by reason of such violation. (Ord. 1196 § 1, 2024; Ord. 990 § 1, 2007; Ord. 624 Art. 8, 1986).

For statutory provisions regarding the municipal management of a sewage system, see Chapters 35.67, 35.91 and 35.92 RCW.

For provisions relating to additional city funds, see DMC Title 3.