(A) It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of said city, any human excrement, garbage or other objectionable waste.
(B) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any unsanitary sewage, industrial wastes or other polluted waters; except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage within the corporate limits of the city, or any area under the jurisdiction of said city.
(D) All newly constructed dwellings, buildings and any other structure used for human occupancy, employment, recreation or commercial purposes shall install suitable toilet facilities. All new structures in which plumbing or toilet facilities are constructed shall be connected with the city sewer system before the structure is occupied or used. No new septic systems shall be permitted within the city except as a replacement system for an approved septic system in existence at the time of the adoption of this chapter. During the period of construction, approved temporary portable toilet facilities may be used.
(E) Hook-up of existing buildings:
(1) The requirement that existing houses, buildings or structures used for human occupancy, employment, recreation or other services be served by the city sewer are as follows:
(a) Situated within the city and abutting a street, alley or right-of-way in which a public sanitary sewer line is located; and
(b) The sewer is available to the property by being within 300 feet of the structure to be served, situated on the property. The measurement of 300 feet does not include crossing another’s private property to reach the sewer line.
(2) Properties where the structure is served by an approved and functioning septic system are exempt from the requirement to hook up to the sewer system until such time as the current septic system or any of its main components fails. Upon failure of the septic system, or any of its main components, if both criteria in divisions (E)(1)(a) and (E)(1)(b) above are met by the structure, the property owner would be required to immediately notify the city and hook up to the city sewer system. If the criteria in divisions (E)(1)(a) and (E)(1)(b) are not met when an existing septic system fails, the owner of the property may repair or replace the failed septic system if the required permits and approvals are obtained.
(F) An owner may file written objections with the City Recorder against being required to install toilet facilities or to hook up to the public sewer system within 14 days of being ordered to do so by the city. If it is determined by the City Planner that the property is larger than one-half acre and that there is a reasonable likelihood of the property being re-divided in the future, the owner shall submit a shadow plat showing all property lines, topography, current and planned structures on the property, location of current and planned septic systems, a plan for re-division of the property into lots conforming with the standards for the zone in which the property is located and such other information as the City Planner may require. The shadow plat shall demonstrate that the property can be divided in the future in a manner consistent with the zoning and the surrounding street system and any existing or proposed structure or septic system will not preclude the future development of the property to urban standards and densities. An application under this provision shall be processed as a City Administrator review in accordance with Community Development Code 8-6.20.030. Written objections filed by an owner shall be considered by the City Council, who shall review the matter within 40 days after the objections are filed. The decision of the Council shall be final, and no appeal shall be taken therefrom by said owner, except as is provided by law.
(G) In the event any property owner, who by this chapter is required to connect to the city sanitary sewer, fails or refuses to connect thereto, the city, through its Public Works Department or by employment of an independent contractor, may, at its option, cause said property to be connected to the said sanitary sewer; and the total cost of said connection shall be charged to the property owner, and said connection expenses shall be a lien on the real property served by the connection.
(H) It shall be the responsibility of each sewer user to maintain the sewer line from the building to the point where that sewer line connects with city sewer at the owner’s property line. Maintenance shall include, but not be limited to, repair and/or replacement of broken lines, removal of obstructions in line, realignment of pipe to provide the necessary gravity flow, replacement of seals at joints and all other acts necessary to maintain a sanitary and properly operating system. Nothing contained in this section shall be construed to change the requirements of § 51.05. All sewer lines that have been repaired, replaced or realigned, or have in any way necessitated the breaking of connections on the line, must be reinstalled to the specifications of said § 51.05 and be re-inspected and approved before the line is covered.
(I) If a building sewer line requires maintenance to meet the minimum standards required by this chapter or to abate a nuisance or unsanitary condition, the sewer user shall be given notice, in writing, that the sewer line must be repaired within seven days. If the sewer user refuses to perform the necessary maintenance in the time allotted, the city may, at its option, perform the repair using either city personnel or contractors and charge the costs of maintenance, plus 25% overhead, to the sewer user. Said expense shall constitute a lien on the real property served and, if not paid within one year, plus interest set by resolution, said lien may be foreclosed in the same manner as any other city lien for improvement or service.
(J) In the event a sewer user has failed to take corrective action as is required under division (H) above, and this failure is causing a nuisance or a health hazard to the residents of the area, the city may terminate water service to the building served by the sewer line in question to reduce or eliminate the health hazard until the line is repaired.
(Ord. 392, passed 10-8-2007) Penalty, see § 51.99