Chapter 14.08
GENERAL PROVISIONS
Sections:
14.08.020 Creation of sewer utility.
14.08.025 Payment of fees/charges.
14.08.060 Private wastewater disposal system—When required.
14.08.090 Permit application and issuance.
14.08.110 Temporary permit—Revocation—Charges.
14.08.120 Performance of permitted work.
14.08.130 Stop work authority—Notice—Construction by city—Lien.
14.08.140 Inoperative or inadequate sewer service.
14.08.170 Emergency call-outs.
14.08.180 City not liable for damages.
14.08.190 Grease interceptors required.
14.08.010 Purpose.
The purpose of this title is to establish fees for service, and general rules and regulations for the service and extension of service from the sewer system of the city, and to promote the public health, safety, and general welfare of the users of the sewer system, in accordance with standards established by the city, county, state and federal government. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.020 Creation of sewer utility.
For the purpose of carrying out the provisions of this title, there is created and established a sewer utility for the city. The city council is authorized to make funds available by appropriation, borrowing, or by other means in accordance with laws of the state, for the establishment, maintenance and operation of the sewer utility. (Ord. 1921-0518 (part), 2018; Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.025 Payment of fees/charges.
The city manager is hereby authorized to draft procedures for acceptable methods of payment of Capital Hill sewer connection charges as set forth in Chapter 14.20. Such procedures shall set out acceptable methods of payment and terms that are in accordance with applicable law. (Ord. 1921-0518 (part), 2018; Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004)
14.08.030 Applicability.
The provisions of this title shall apply to all sewer services provided by the city and to all work performed that relates to the city’s sewer system. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.040 Sewer required.
A. Subject to subsection C of this section, the owner or owners of each lot or parcel of real property that will produce sewage, when such lot lies within the area served by the public sewer as it now exists or as it may be extended, upon which lot or parcel is or will be situated any building, structure or premises for human occupation or for any purpose requiring the use of water which will produce sewage, shall, upon written notice from the city, cause a connection to be made at his or her expense between said public sewer and each building, structure, or premises.
B. All buildings, structures, or premises in the city limits and within three hundred feet of a sanitary sewer or lateral thereof upon which any portion of such building, structure, or premises is situated shall be deemed to be within the area served by such public sewer.
C. Exceptions. Property owners who are otherwise required to connect to a public sewer under these provisions may be exempted in writing waiving this requirement to connect or the city may prohibit them from connecting under the following circumstances:
1. Topographic Conditions. The city manager, the director of public works, and county health officer, acting in concert, may waive the requirement to connect if, in their unanimous opinion, such connection is economically unfeasible due to topographic conditions and that adequate provisions can be made in an on-site system in order to protect public health.
2. Existing Development. Existing homes within the city limits that are being served by a private wastewater disposal system may continue use of that system until failure as defined in Section 14.04.135 and determined by the county health officer. When a system fails, it shall be decommissioned at owner’s expense, and all premises producing sewage shall be connected to the public sewer at the owner’s expense in accordance with all lawful requirements.
3. Inability to Accommodate. If the city determines that either the local or general facilities cannot for any reason accommodate sewage from the property, the city may, at its option, prohibit connection.
4. Outside City Limits. Properties outside city limits are not presumed to be within the city’s sewer service area, regardless of their proximity to the sewer system, nor shall the city have an obligation to provide service to such properties unless the city council has authorized service to be extended and all city conditions for such utility extension have been met, as defined by Chapter 17.10.
5. Inappropriate Waste. The city reserves the right to deny any new sewer connection or to disconnect any sewer connection where the use or intended use of the building or structure would generate waste that may jeopardize operation of the sewer system or public health.
6. Any person being denied a sewer connection permit may appeal the decision to the city council within thirty days after receiving notice of denial of such permit. The decision of the city council shall be final. (Ord. 1921-0518 (part), 2018; Ord. 1886-0916 § 2 (part), 2016: Ord. 1881-0116 § 2 (part), 2016: Ord. 1729-0608 § 3, 2008: Ord. 1691-0107 § 2, 2007: Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.050 Inspection.
A. Duly authorized and properly identified city personnel shall have the right to access any customer’s premises at any reasonable time for the purpose of inspecting sewer piping and plumbing; inspecting, testing or repairing city equipment; and to ensure conformity with this title.
B. Sewer and water service may be refused or discontinued whenever the owner of any premises, to which sewer is provided by the city, prevents or restrains authorized city personnel from making necessary inspections. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.060 Private wastewater disposal system—When required.
Where a public sewer is not available, the building sewer may be connected to a private wastewater disposal system if approved by the city. Before commencement of construction of any private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the county health officer. Such permit shall be obtained before a building permit will be issued authorizing any construction where sewage disposal is required and no sewer is available. This section shall not be construed to interfere with any additional requirements that may be imposed by the county health officer. Whenever a septic tank, cesspool, or similar private wastewater disposal facility is taken out of service, it shall be cleaned of sludge and filled with suitable material in accordance with applicable law at the owner’s expense. (Ord. 1691-0107 § 3, 2007: Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.070 Permit required.
A. It is unlawful for any person to connect, cause to be connected, repair, alter, or cap a building or structure sewer to any public sewer without first obtaining a permit from the city for such activity.
B. It is unlawful for any person to uncover, make connection to, use, alter, or disturb in any way, any public or private sewer or appurtenance, without first obtaining a permit for such activity from the city. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.080 Permit fee.
The fee for a permit shall be as established by the city council and may be amended by the council from time to time as necessary. (Ord. 1921-0518 (part), 2018; Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.090 Permit application and issuance.
A. An application for a permit required under this title shall be made by the owner of the property on which the work is to be performed or by a properly licensed and bonded contractor representing the owner.
B. The permit application shall include such information as may be required by the city for determination as to whether the proposed work conforms to the requirements of this title and any other applicable rules and regulations.
C. The permit application shall be accompanied by all fees required by the city, or, in the case of Capital Hill sewer connections, an acceptable fee arrangement document that meets the criteria established by the city manager.
D. If the city determines that the work conforms to existing laws and regulations, and if the fee has been paid, the permit for such activity may be issued by the city.
E. The application, when approved by the city, shall constitute a binding obligation whereby the owner agrees on behalf of himself/herself and his/her successors in interest to conform to the provisions of this title, and any other applicable laws and regulations.
F. No application for sewer service shall be accepted or approved for locations outside the city’s sewer service area. (Ord. 1921-0518 (part), 2018; Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.100 Permit duration.
A permit issued under this title shall be valid for a period of ninety days unless extended or renewed by the city prior to permit expiration. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.110 Temporary permit—Revocation—Charges.
A. The city may, upon receiving an application containing such information as is required by the city, issue a permit for a temporary connection to a sanitary sewer, or side sewer.
B. The city may condition a permit on the requirement that the owner connect to sanitary sewer, or side sewer at some later date. The temporary permit may be revoked by the city at any time upon sixty days’ notice posted upon the premises and directed to the owner or occupant of the premises. In the event the side sewer or drains are not disconnected or reconstructed, as directed by the city, at the expiration of sixty days, the city may disconnect and reconstruct the system as the city deems necessary, at the owner’s or occupant’s expense.
C. If it becomes necessary for the city to disconnect and/or reconstruct a system, the owner or occupant shall be charged the actual cost plus fifteen percent for such disconnection and/or reconstruction. Such charges shall be due and payable to the city immediately following written notice of such charges to the owner or occupant. If the owner or occupant fails to pay, the city may issue a lien against the property. Thereafter, a temporary permit shall be issued upon such property only after the applicant agrees in writing to hold the city harmless for any damage resulting from the city’s disconnection and reconnection of sewer to the property and stating that the owner or occupant shall reconstruct the side sewer, if required to do so. Such writing shall be recorded with the county auditor and the applicant shall provide evidence of the recorded agreement to the city. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.120 Performance of permitted work.
A. Any sewer connection authorized pursuant to the terms of this title shall be done in accordance with the terms and conditions of the issued permit.
B. Prior to the backfilling of any sewer, the owner or contractor shall notify the city of the completion of such work, giving forty-eight hours’ notice, and shall request an inspection. Backfilling may occur only after such inspection has occurred.
C. The owner and/or contractor is responsible for the protection of all persons and property from injury or damage as a result of the excavation or other work conducted in making such sewer connection. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.130 Stop work authority—Notice—Construction by city—Lien.
A. Upon a determination by the city that any party is proceeding with permitted work in a manner inconsistent with the terms of this title or a permit issued pursuant to this title, the city shall notify the party to cease and desist all further work until such inconsistency has been corrected.
B. If the party performing the work refuses to properly construct, reconstruct, or complete such work in compliance with city standards, the city may cause such work to be completed sixty days after notice has been provided to the party performing the work. The cost of such work plus fifteen percent shall be charged to the owner or occupant of the property and shall be payable to the city immediately upon notice that such work has been performed and payment is due.
C. If the cost of such work remains unpaid, the city may place a lien on the property where the city performed such work.
D. Notice posted at any location on the premises where such work is being performed or notice hand delivered to the owner, occupant, or party performing work on such premises shall constitute proper notice under this title. (Ord. 1886-0916 § 2 (part), 2016: Ord. 1881-0116 § 2 (part), 2016: Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.140 Inoperative or inadequate sewer service.
A. Where the city or the county health officer deems that a side sewer, drain, ditch, or natural watercourse or appurtenance thereto is obstructed, broken, inoperative or inadequate, or is a threat to public health, safety or welfare or to public or private property, the city shall give notice to the owner, agent or occupant of the property on which such condition exists, requiring the condition to be corrected within a specified time. If the owner, agent or occupant refuses to correct the deficiencies noted within the specified time, the city may perform such work as may be necessary to comply with this title.
B. The cost of such work plus fifteen percent shall be charged to the owner or occupant of the property and shall be payable to the city immediately upon notice that such work has been performed and payment is due.
C. If the cost of such work remains unpaid, the city may place a lien on the property where the city performed such work.
D. Notice posted at any location on the premises where such work is being performed, or notice delivered to the owner, occupant, or party performing work on such premises, shall constitute proper notice under this title. (Ord. 1886-0916 § 2 (part), 2016: Ord. 1881-0116 § 2 (part), 2016: Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.170 Emergency call-outs.
Whenever a request is made of the city for an emergency inspection or cleaning, outside of regular working hours of the sewer system, and it is found that the problem does not involve the public sewer, the cost of labor, equipment and materials plus fifteen percent may be charged to the requesting party. (Ord. 1886-0916 § 2 (part), 2016: Ord. 1881-0116 § 2 (part), 2016: Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.180 City not liable for damages.
A. The city shall not be liable for damages, nor will allowances be made, for loss of production, sales or service, in case the city’s sewer system fails or is curtailed, suspended, interrupted or interfered with, or for any cause unless the city shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by any law of this state. Any such failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the city, or in any way affect any liability for payment for sewer service made available on or before the date of such occurrence.
B. The city shall not be liable for any personal or property damage caused by any failure of the city’s sewer system except where such failure is due to the sole negligence of the city. (Ord. 1662-1205 § 1 (part), 2005: Ord. 1632-0904 § 2 (part), 2004: Ord. 1610-0104 § 2 (part), 2004: Ord. 1605-1103 § 2 (part), 2003: Ord. 1602-1003 § 2 (part), 2003: Ord. 1585-0303 § 2 (part), 2003: Ord. 1583-0103 § 2 (part), 2003)
14.08.190 Grease interceptors required.
The city shall require the installation and maintenance of gravity grease interceptors or hydromechanical grease interceptors as required under the gravity grease interceptor/hydromechanical grease interceptor rules and regulations, which are incorporated by reference as if set forth in full. The public works director shall have authority to revise these regulations as needed to protect the health, safety, and welfare, or to comply with clean water or other environmental mandates from the state or federal government. (Ord. 1757-1109 § 1, 2010)