ARTICLE III. OTHER LEGAL DUTIES (11-16-140 et seq.)

11-16-140 Compliance with Code – Required.

   It shall be the duty of any person who constructs or uses any private drain, sewer, cesspool, water closet pipe or any other pipe connecting with or into any city- owned sewer to do so in strict conformity with the requirements of this Code and with the orders and directions of the commissioner and the commissioner of health.

(Added Coun. J. 2-6-02, p. 78883, § 1; Amend Coun. J. 12-4-02, p. 99026, § 1.13)

11-16-150 Duty to repair.

   (a)   It shall be the duty of the property owner, or property owners jointly, in a situation in which multiple persons own a portion or all of a private sewer, private drain, house sewer or other sewer structure, to maintain clean and free from obstruction any private sewer, private drain, house sewer or other sewer structure, up to the point where it connects to the City-owned sewer and to make any necessary repairs to the private sewer, private drain, house sewer or other sewer structure, except as indicated in Section 11-16-020.

   (b)   If the property owner violates this section, the Commissioner shall notify the owner or owners in writing of their duty to maintain or repair the private sewer, private drain, house sewer, or other sewer structure. The notification shall be sent via certified mail and shall contain the following information: (i) a statement describing the maintenance or repairs to be made; (ii) the number of days allowed for completing the maintenance or repairs; (iii) the penalty for noncompliance; and (iv) the date the notification was sent.

   (c)   If the maintenance or repairs described in the notification are not completed within the time period specified in the notification that is sent pursuant to subsection (b) of this section, the Commissioner may, subject to the availability of appropriated funds and subject to the owner or owners executing a right-of-entry agreement with the City, cause the maintenance or repairs to be done at the owner’s or owners’ expense. The owner or owners shall pay the City in full for any costs and expenses which the City incurs in connection with the performance of that work; provided, however, that (1) if the damage necessitating any maintenance or repair was caused by a utility company, the utility company shall be liable for any costs or expenses incurred by the City in connection with the performance of that work; and (2) the owner or owners shall not be liable to the City for any damage to any private drain, house sewer, or other sewer structure caused by the City or its employees or agents in the performance of City business.

(Added Coun. J. 2-6-02, p. 78883, § 1; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 6)

11-16-160 Duty to grant access.

   No person shall refuse to grant the commissioner or his authorized agents access to any premises for any purpose described in Section 11-16-260.

(Added Coun. J. 2-6-02, p. 78883, § 1)

ARTICLE IV. MATERIALS (11-16-170 et seq.)

11-16-170 Materials – General requirements.

   All sewers laid and repairs thereto in any public way shall be made of ductile iron pipe, vitrified clay pipe, reinforced concrete sewer pipe, concrete molded in place, segmented vitrified tile, corrugated wrought iron, brick or any other materials approved by the commissioner.

   All underground sewer linings shall be made of materials approved by the commissioner, including, but not limited to, unsaturated polyester resin, epoxy vinyl ester resin, an equally compatible resin, plastic or a cementitious material.

   The commissioner's approval of any sewer material, or sewer lining material, shall be based on his assessment of the material's suitability to the size and location of the sewer and the signature of any effluent passing through the sewer.

   Any material used in any sewer system or part thereof shall be free from defects and shall conform to the requirements of this chapter.

(Added Coun. J. 2-6-02, p. 78883, § 1; Amend Coun. J. 7-29-15, p. 3537, § 3)

11-16-180 Cast iron.

   All cast iron pipe and special casting shall conform to the latest standard specifications for cast iron pipe and special castings adopted by the American Waterworks Association.

(Added Coun. J. 2-6-02, p. 78883, § 1)