Chapter 13.08
SEWERS

Sections:

Article I. Definitions

13.08.010    Applicability.

13.08.020    BOD.

13.08.030    Building drain.

13.08.040    Building sewer.

13.08.050    Combined sewer.

13.08.055    Director.

13.08.060    Garbage.

13.08.070    Hearing board.

13.08.080    Industrial wastes.

13.08.090    Natural outlet.

13.08.100    Person.

13.08.110    pH.

13.08.120    Properly shredded garbage.

13.08.130    Public sewer.

13.08.140    Sanitary sewer.

13.08.150    Sewage.

13.08.160    Sewage treatment plant.

13.08.170    Sewage works.

13.08.180    Sewer.

13.08.190    Slug.

13.08.200    Storm drain.

13.08.210    Repealed.

13.08.220    Suspended solids.

13.08.230    Watercourse.

Article II. Use of Public Sewers Required

13.08.240    Unsanitary deposit of waste.

13.08.250    Discharge to natural outlets.

13.08.260    Construction of sewage disposal facilities.

13.08.270    Toilet facilities required – Connection to proximate public sewer.

Article III. Private Sewage Disposal

13.08.280    When permitted.

13.08.290    Permit required.

13.08.300    Inspection.

13.08.310    System specifications.

13.08.320    Connection to available public sewer.

13.08.330    Operation and maintenance.

13.08.340    Health officer requirements.

13.08.350    Deadline for connection to public sewer.

Article IV. Building Sewers and Connections

13.08.360    Permit – Required.

13.08.370    Permit – Classes – Application.

13.08.380    Connection fee.

13.08.390    Separate for each building.

13.08.400    Old building sewers with new buildings.

13.08.410    Construction materials and methods.

13.08.420    Elevation of building entry.

13.08.430    Surface water or ground water connections.

13.08.440    Connection specifications.

13.08.450    Inspection at connection.

13.08.460    Excavations – Restoration.

Article V. Use of Public Sewers

13.08.470    Unpolluted waters – Discharge prohibited.

13.08.480    Unpolluted waters – Proper discharge.

13.08.490    Prohibited discharges.

13.08.500    Restricted discharges – Designated.

13.08.510    Restricted discharges – Options of director.

13.08.520    Grease, oil, and sand interceptors.

13.08.530    Operation of pretreatment or flow facilities.

13.08.540    Control manhole.

13.08.550    Measurements, tests and analyses.

13.08.560    Special agreements or arrangements.

Article VI. Protection from Damage

13.08.570    Damage or tampering.

Article VII. Inspectors

13.08.580    Right of entry.

13.08.590    Conduct – Liability.

13.08.600    Easement access.

Article VIII. Violations

13.08.610    Notice.

13.08.620    Misdemeanor penalty.

13.08.630    Liability for city expense.

Article I. Definitions

13.08.010 Applicability.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as set out in this article. (Ord. 477 Art. I, 1975)

13.08.020 BOD.

“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 Celsius, expressed in milligrams per liter. (Ord. 477 Art. I § 1, 1975)

13.08.030 Building drain.

“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. (Ord. 477 Art. I § 2, 1975)

13.08.040 Building sewer.

“Building sewer” means the extension from the building drain to the public sewer or other place of disposal. (Ord. 477 Art. I § 3, 1975)

13.08.050 Combined sewer.

“Combined sewer” means a sewer receiving both surface runoff and sewage. (Ord. 477 Art. I § 4, 1975)

13.08.055 Director.

“Director” means the director of public works of the city or their authorized representative. (Ord. 1232 § 2, 2024)

13.08.060 Garbage.

“Garbage” means the solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. (Ord. 477 Art. I § 5, 1975)

13.08.070 Hearing board.

“Hearing board” means that board appointed according to the provisions of this section. A hearing board shall be appointed by the mayor for the purpose of acting on grievances of any person who feels he has been unjustly dealt with. (Ord. 477 Art. I § § 23, 24, 1975)

13.08.080 Industrial wastes.

“Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. (Ord. 477 Art. I § 6, 1975)

13.08.090 Natural outlet.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. (Ord. 477 Art. I § 7, 1975)

13.08.100 Person.

“Person” means any individual, firm, company, association, society, corporation or group. (Ord. 477 Art. I § 8, 1975)

13.08.110 pH.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Ord. 477 Art. I § 9, 1975)

13.08.120 Properly shredded garbage.

“Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food 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. (Ord. 477 Art. I § 10, 1975)

13.08.130 Public sewer.

“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. (Ord. 477 Art. I § 11, 1975)

13.08.140 Sanitary sewer.

“Sanitary sewer” means a sewer which carries sewage and to which storm waters, surface waters and ground waters are not intentionally admitted. (Ord. 477 Art. I § 12, 1975)

13.08.150 Sewage.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground waters, surface waters and storm waters as may be present. (Ord. 477 Art. I § 13, 1975)

13.08.160 Sewage treatment plant.

“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage. (Ord. 477 Art. I § 14, 1975)

13.08.170 Sewage works.

“Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage. (Ord. 477 Art. I § 15, 1975)

13.08.180 Sewer.

“Sewer” means a pipe or conduit for carrying sewage. (Ord. 477 Art. I § 16, 1975)

13.08.190 Slug.

“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. (Ord. 477 Art. I § 18, 1975)

13.08.200 Storm drain.

“Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm waters and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. (Ord. 477 Art. I § 19, 1975)

13.08.210 Superintendent.

Repealed by Ord. 1232. (Ord. 477 Art. I § 20, 1975)

13.08.220 Suspended solids.

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage or other liquid, and which are removable by laboratory filtering. (Ord. 477 Art. I § 21, 1975)

13.08.230 Watercourse.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 477 Art. I § 22, 1975)

Article II. Use of Public Sewers Required

13.08.240 Unsanitary deposit of waste.

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. (Ord. 477 Art. II § 1, 1975)

13.08.250 Discharge to natural outlets.

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. (Ord. 477 Art. II § 2, 1975)

13.08.260 Construction of sewage disposal facilities.

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. (Ord. 477 Art. II § 3, 1975)

13.08.270 Toilet facilities required – Connection to proximate public sewer.

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within 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 is required at his 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 90 days after the date of official notice to do so; provided, that the public sewer is within 200 feet (61 meters) of the property line. (Ord. 477 Art. II § 4, 1975)

Article III. Private Sewage Disposal

13.08.280 When permitted.

Where a public sanitary or combined sewer is not available under the provisions of OMC 13.08.270, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Ord. 477 Art. III § 1, 1975)

13.08.290 Permit required.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the director. 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 deemed necessary by the director. A permit and inspection fee as per OMC 13.08.370 shall be paid to the city at the time the application is filed. (Ord. 1232 § 3, 2024; Ord. 477 Art. III § 2, 1975)

13.08.300 Inspection.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the director. They shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the city. (Ord. 1232 § 3, 2024; Ord. 477 Art. III § 3, 1975)

13.08.310 System specifications.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the state. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 6,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 477 Art. III § 4, 1975)

13.08.320 Connection to available public sewer.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in OMC 13.08.310, 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. (Ord. 477 Art. III § 5, 1975)

13.08.330 Operation and maintenance.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. 477 Art. III § 6, 1975)

13.08.340 Health officer requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 477 Art. III § 7, 1975)

13.08.350 Deadline for connection to public sewer.

When a public sewer becomes available, the building sewer shall be connected to the public sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean, bank-run gravel or dirt. (Ord. 477 Art. III § 8, 1975)

Article IV. Building Sewers and Connections

13.08.360 Permit – Required.

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 director.

B. Each sewer connection application for a new structure or expansion of use thereof within the municipal limits of the city of Okanogan shall require application for a sanitary sewer and/or water connection permit upon the application forms as provided by the city. Such sanitary sewer or water connection approval shall only be issued by the city if such applications are made together and concurrently with or subsequent to the issuance of a building permit for the construction of a single- or multiple-family residential, commercial business or establishment, industrial business or establishment, or public use, hereinafter “building permit,” requiring sanitary sewer or water service from the city of Okanogan. Such actual sewer and water connections shall be made within the time limits established under such building permit, or extensions thereof, and shall expire on the expiration date of such building permit.

C. Each water connection application for an existing structure or use within the water service area shall make application for sewer service if sewer service is available as provided elsewhere in this code.

D. An applicant may request a refund of application fees when the owner or authorized agent does not proceed with the development activity for which sewer connection fees were paid, and the applicant shows that no impact has or will result, and the city has not yet spent or encumbered the fees; however, the connection fee shall not be refunded if the city has spent or encumbered the fees in any manner.

E. If sewer connection fees must be refunded for any reason, the city council may authorize the refund of not more than 80 percent of the fees collected. The refund will be issued to the owners as they appear of record with the Okanogan County assessor at the time of refund. (Ord. 1232 § 3, 2024; Ord. 1081 § 1, 2007; Ord. 477 Art. IV § 1, 1975)

13.08.370 Permit – Classes – Application.

There shall be two classes of building sewer permits: (A) for residential and commercial service, and (B) 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 director. A permit and inspection fee to be established by ordinance for a residential or commercial building sewer permit shall be paid to the city at the time the application is filed. (Ord. 1232 § 3, 2024; Ord. 762 § 8, 1992; Ord. 705 § 8, 1988; Ord. 477 Art. IV § 2, 1975)

13.08.380 Connection fee.

When an application for sewer service is made and the charge prescribed for the service has been paid to the city clerk-treasurer, the service shall be installed by the owner’s licensed and bonded contractor with the connection being made at the public sewer. All costs and expenses incident to the installation and connection of the building sewer on the property of the application shall be borne by the owner. The owner or their agent shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 1232 § 3, 2024; Ord. 762 § 8, 1992; Ord. 705 § 8, 1988; Ord. 592 § 2, 1981; Ord. 477 Art. IV § 3, 1975)

13.08.390 Separate for each building.

A separate and independent building sewer shall be provided for every building; except that, 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. (Ord. 477 Art. IV § 4, 1975)

13.08.400 Old building sewers with new buildings.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the director, to meet all requirements of this chapter. (Ord. 1232 § 3, 2024; Ord. 477 Art. IV § 5, 1975)

13.08.410 Construction materials and methods.

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. (Ord. 477 Art. IV § 6, 1975)

13.08.420 Elevation of building entry.

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. (Ord. 477 Art. IV § 7, 1975)

13.08.430 Surface water or ground water connections.

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. (Ord. 477 Art. IV § 8, 1975)

13.08.440 Connection specifications.

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. or W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the director before installation. (Ord. 1232 § 3, 2024; Ord. 477 Art. IV § 9, 1975)

13.08.450 Inspection at connection.

The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director. (Ord. 1232 § 3, 2024; Ord. 477 Art. IV § 10, 1975)

13.08.460 Excavations – Restoration.

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. 477 Art. IV § 11, 1975)

Article V. Use of Public Sewers

13.08.470 Unpolluted waters – Discharge prohibited.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 477 Art. V § 1, 1975)

13.08.480 Unpolluted waters – Proper discharge.

Storm water 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 director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the director, to a storm sewer, combined sewer or natural outlet. (Ord. 1232 § 3, 2024; Ord. 477 Art. V § 2, 1975)

13.08.490 Prohibited discharges.

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

A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

B. 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 in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer;

C. 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;

D. 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. 477 Art. V § 3, 1975)

13.08.500 Restricted discharges – Designated.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the director 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 their opinion as to the acceptability of these wastes, the director will give consideration to such factors as quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);

B. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius);

C. 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 director;

D. Any waters or wastes containing strong acid iron-pickling wastes, or concentrated plating solutions, whether neutralized or not;

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

F. Any waters or wastes containing phenyls or other taste-producing or odor-producing substances, in such concentrations exceeding limits which may be established by the director 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;

G. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state and federal regulations;

H. Any waters or wastes having a pH in excess of 9.5;

I. Materials which exert or cause:

1. 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),

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

3. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

4. Unusual volume of flow or concentration of wastes constituting “slugs” as defined in this chapter;

J. 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 plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 1232 § 3, 2024; Ord. 477 Art. V § 4, 1975)

13.08.510 Restricted discharges – Options of director.

A. If any wastes or waters are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in OMC 13.08.500, and which, in the judgment of the director, 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 director 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 OMC 13.08.560.

B. If the director 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 director, and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 1232 § 3, 2024; Ord. 477 Art. V § 5, 1975)

13.08.520 Grease, oil, and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the director, 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 director and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 1232 § 3, 2024; Ord. 477 Art. V § 6, 1975)

13.08.530 Operation of pretreatment or flow 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. 477 Art. V § 7, 1975)

13.08.540 Control manhole.

When required by the director, 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 director. 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. 1232 § 3, 2024; Ord. 477 Art. V § 8, 1975)

13.08.550 Measurements, tests and analyses.

A. 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 editions 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.

B. 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 of a premises is appropriate or whether a grab sample should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples. (Ord. 477 Art. V § 9, 1975)

13.08.560 Special agreements or arrangements.

No statement contained in this article 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 subject to payment therefor by the industrial concern. (Ord. 477 Art. V § 10, 1975)

Article VI. Protection from Damage

13.08.570 Damage or tampering.

No unauthorized person shall maliciously, wilfully 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. 477 Art. VI § 1, 1975)

Article VII. Inspectors

13.08.580 Right of entry.

The director and other duly authorized employees or agents of the city may enter all properties for the purpose of inspection, observation, measurement, sampling, testing and the making of necessary repairs in accordance with the provisions of this chapter; provided, that the employees shall first present proper credentials and obtain the consent of the owner or occupier of the premises to the inspection, observation, measurement, sampling, testing or repair. In the event that consent is not granted by the owner or occupier of the premises in question, inspection, observation, measurement, sampling, testing and/or the making of repairs shall not be conducted upon the premises except pursuant to warrant issued by a court of proper jurisdiction upon a finding of reasonable cause for the requested entry upon the premises. (Ord. 1232 § 3, 2024; Ord. 617, 1982; Ord. 477 Art. VII § 1, 1975)

13.08.590 Conduct – Liability.

While performing the necessary work on private properties referred to in OMC 13.08.580, the director or duly authorized employees or agents 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 OMC 13.08.550. (Ord. 1232 § 3, 2024; Ord. 477 Art. VII § 2, 1975)

13.08.600 Easement access.

The director and other duly authorized employees or agents 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 the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 1232 § 3, 2024; Ord. 477 Art. VII § 3, 1975)

Article VIII. Violations

13.08.610 Notice.

Any person found to be violating any provision of this chapter except Article VI 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. (Ord. 477 Art. VIII § 1, 1975)

13.08.620 Misdemeanor penalty.

Any person who continues any violation beyond the time limit provided for in OMC 13.08.610 is guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding $250.00 for each violation. Each day in which any such violation continues shall be deemed a separate offense. (Ord. 477 Art. VIII § 2, 1975)

13.08.630 Liability for city expense.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. 477 Art. VIII § 3, 1975)