Section
1052.01 Permit required; application; fee
1052.02 Authorization and registration required
1052.03 Specifications and requirements
1052.04 Materials; construction; inspections
1052.05 Rules and regulations
1052.06 Privies prohibited
1052.07 Titus-Pitts-Hill Drainage Area (Central Avon Lake Drainage Project (CALDP)); Storm Sewer System Construction Fund
1052.99 Penalty
Editor’s note:
Copies of all legislation pertinent to Chapter 1052 may be obtained, at cost, from the Clerk of Council.
No building sewer shall be constructed to connect with a public sewer, nor shall any connection be made to a public sewer within the city, until the written permission of the Board of Municipal Utilities has been obtained by the person employed to perform the work. An application for a permit shall be signed by the owner, agent or lessee of the property for which the connection is to be made and shall describe the sewer to be connected.
(Ord. 68-59, passed 10-26-1959; Ord. 158-2012, passed 12-17-2012)
The written permission to construct a building sewer or to make a connection to a public sewer shall specify the permissible use of the building sewer and connection and such specifications shall be governed by the following requirements.
(a) Sewage, including wastes from water closets, urinals, lavatories, sinks, bathtubs, showers, laundries, cellar floor drains, garage floor drains, bars, soda fountains, drinking fountains, stable floor drains and other objectionable wastes shall be discharged into a sanitary or combined sewer and in no case into a stormwater sewer.
(b) Industrial waste shall not be discharged into a stormwater sewer, but may be discharged into a sanitary sewer if the waste is of such a character as not to be detrimental to the sewerage system or to the sewage treatment works. Where such waste is detrimental to the sewerage system or to the sewage treatment works, it shall be otherwise disposed of in a satisfactory manner or so improved in character as not to be detrimental to the sewerage system or sewage treatment works.
(c) Surface water, rain water from roofs, subsoil drainage, building foundation drainage, cistern overflow, clean water from condensers, waste water from water motors and elevators and any other clean and unobjectionable waste water shall be discharged into a stormwater or combined sewer and in no case into a sanitary sewer.
(d) Connection with a cesspool or a privy vault shall not be made into a sanitary, combined or storm sewer.
(e) No person shall discharge into a building sewer or tap a public sewer for the purpose of discharging into it any waste or drainage water prohibited by this section. Any existing connection in violation of any of the provisions of this section shall be abandoned and removed.
(Ord. 68-59, passed 10-26-1959)
The building sewer and connection shall be of materials and workmanship as specified in Part Fourteen - the Building and Housing Code. The construction and inspection of the building sewer and connection shall be in accordance with Part Fourteen - the Building and Housing Code and the rules and regulations of the Board of Municipal Utilities.
(Ord. 68-59, passed 10-26-1959)
The Director of Municipal Utilities and the Board of Municipal Utilities are hereby authorized and directed to adopt and enforce rules and regulations in accordance with this chapter for the purpose of providing control of the installation of sewer connections and inspection thereof. The Director and the Board shall maintain accurate and complete records of all permits issued for and inspections made of connections to the public sewers. They shall also require the abandonment and removal of connections to the public sewers which violate any of the provisions of this chapter.
(Ord. 68-59, passed 10-26-1959)
No owner, agent, lessee, tenant or occupant of any lot or land located within the city shall establish, construct, maintain or permit to remain a privy, cesspool or other receptacle for sewage or excreta, or a connection to a private sewer, ditch or other outlet, if such lot or land is accessible to a public sewer constructed and used for the purpose, and if a public water main or other water supply satisfactory to permit use of plumbing is available. When such public sewer and water main or other water supply are available or are hereafter made available, a connection to such public sewer shall be established and used by the owner, agent, lessee, tenant or occupant.
(Ord. 69-59, passed 10-26-1959)
(a) Owners of all unimproved residential real property in the Titus-Pitts-Hill Drainage Area (Central Avon Lake Drainage Project (CALDP)) shall, upon development of said property, pay a storm sewer tap-in fee per dwelling unit as set forth in Chapter 208 of the Administration Code - the General Fee Schedule. Should there be more than one dwelling unit per building or lot, said fee shall be charged for each dwelling unit, up to and including two and one-half units per acre.
(b) Owners of all unimproved commercial and industrial real property in the Titus-Pitts-Hill Drainage Area (Central Avon Lake Drainage Project (CALDP)) shall, upon development of said property, pay a trunk storm sewer capacity fee as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
(c) The fees established in divisions (a) and (b) of this section shall be collected by the Building Inspector, who shall keep accurate records of all fees so collected. Any determination in regard to the interpretation of this section shall be made by the City Council.
(d) The City Council shall develop its own policy as deemed necessary for the enforcement of this section and the collection of said fees.
(e) The fees established in divisions (a) and (b) of this section are based upon current construction costs, and, in order that these fees be kept current, the Avon Lake City Council shall adjust them yearly by multiplying them by the first Cleveland Construction Cost Index figure published after January 1, 1996, and every year thereafter, divided by 6014.17, which is the current Engineering News Record construction cost of Cleveland.
(f) The tap-in fee established in division (a) of this section shall apply to present unimproved real property upon which buildings are constructed after the effective date of this section (Ordinance 214-96, passed November 25, 1996). It shall also apply to unimproved real property upon which buildings are currently under construction, but without occupancy permits having been issued therefor on the effective date of this section. Existing improved real property shall not be charged such fee.
(g) There is hereby established a Titus-Pitts-Hill Storm Sewer Construction Fund into which all fees collected under this section shall be deposited, and upon which all interest on said funds shall accrue. Said Fund shall only be used for construction of the storm sewer from Lake Erie to the detention basin behind the Avon Lake Service Garage, and as indicated in the 1996 update of the master plan for storm sewers.
(h) The fees established in divisions (a) and (b) of this section may be paid at any time prior to the improvement of such real property, but shall be paid prior to the purchase of a building permit, and the same is hereby made a condition of the issuance of an occupancy permit. In those situations, and only those situations, where unimproved property has buildings under construction on the effective date of this section (Ordinance 214-96, passed November 25, 1996), the fees shall be paid prior to the issuance of an occupancy permit and shall be made a condition of the issuance thereof.
(i) The fees established in divisions (a) and (b) of this section shall apply to all improvements, regardless of whether such improvements are connected to a storm sewer or not.
(j) (1) Prior to August 15, 1997, a property owner may request that the payment of the tap-in fee charge be paid over a period of 25 years, through the County Auditor’s office, as a lien to be placed upon the property.
(2) The lien amount for acreage shall be as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
(3) If a lien has been placed upon a property, and requested units for that property exceed the number of units so liened, then the property owners shall pay for the additional units as stated in Chapter 208 of the Administration Code - the General Fee Schedule.
(Ord. 214-96, passed 11-25-1996; Ord. 137-97, passed 7-14-1997; Ord. 22-98, passed 1-26-1998)
Editor’s note:
The Titus-Pitts-Hill Drainage Area is also known as the Central Avon Lake Drainage Project (CALDP)
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