927.01 DOWNSPOUT AND DRAIN CONNECTIONS, OPEN GUTTER AND CESSPOOL CONNECTIONS, STORM WATER PROHIBITED, NUISANCE CONDITIONS ABATED.
   (a)   The discharge of storm water by any means whatsoever into the City’s sanitary sewer system is hereby declared to be a nuisance.
   (b)   No person shall connect any downspout of any building, any subsoil drain, any storm water connection, or the waste drain of any hydrant or water plug, or any open gutter, cesspool or privy vault, either directly or indirectly, to any sanitary sewer, or permit any storm water to be in any manner discharged into such sewer.  No person shall permit any sanitary sewer lateral located on land owned by the person to remain in a state that permits the infiltration of storm water into the sanitary sewer lateral.
   (c)   The owner or person in control of real property shall:
      (1)   Cause the disconnection from the sanitary sewer system of any downspout of any building, any subsoil drain, any storm water connection, or the waste drain of any hydrant or water plug, or any open gutter, cesspool or privy vault, located on the real property.
      (2)   Repair any sanitary sewer lateral located on the real property to prevent the infiltration of storm water into the sanitary sewer lateral.
      (3)   Remove and/or correct any condition upon the real property that permits the infiltration or inflow of storm water into the City’s sanitary sewer system.
   (d)   If the owner or person in control of real property fails to take the remedial actions provided for in subsection (c) above, in addition to any other penalties provided by law, the Director of Public Service may cause written notice to be served on the owner of the real estate or person having control of the real estate.  The notice shall set forth the nature of the nuisance, the Director’s estimate of the cost of abating the same if done by the City, the statement that the owner or person having control of the real estate shall abate the nuisance within 180 days of the date of the letter, and the statement that, unless the nuisance is abated within the said time, it may be abated by the City and the cost of abatement assessed on the real estate involved.  The notice may be served by delivering it personally to the owner or person having control of the real estate or leaving it at his usual place of business or residence, or by mailing it to the owner or person having control of the real estate, or by posting it in a conspicuous place on the real estate involved, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.  A record shall be kept in the office of the Director of Public Service showing the date of service, the person served, and the manner of service.  When service is by mail, the date of service shall be deemed to be the date of mailing of the notice and the person served shall be deemed to be the person to whom the notice is addressed.  In the event the owner or person having control of the real estate does not abate the nuisance within 180 days of service of the notice to do so the Director of Public Service is hereby authorized to cause the abatement of the nuisance under the terms of this ordinance.  Any person receiving the notice provided for herein may file an appeal with the Board of Building Appeals pursuant to procedures established in and pursuant to Chapter 1307 of the Codified Ordinances.  All enforcement action will be tolled pending the outcome of any such appeal.
   (e)   The owner of real property, whether or not ordered to do so by the City, may request that the City abate any nuisance as defined in subsection (c) above under the terms of this Section.  Work performed by the City under this section shall not include work the primary purpose of which is to prevent water infiltration into a person’s dwelling, basement, cellar, or crawl space.
   (f)   Whenever any nuisance is abated by the City pursuant to the provisions of this chapter, whether pursuant to order of the Director of Public Service or the request of the owner, the City shall assess the costs of such abatement to the owner or person having control of the real estate upon which the nuisance was abated.  A notice of such assessment shall be sent by regular mail to the owner or person having control of the real estate at his last known address to pay the cost of such abatement.  If payment of such costs is not received by the City within thirty days after the mailing of such notice, then the amount shall be certified to the County Fiscal Officer for collection the same as other taxes and assessments are collected.  The cost of abatement shall be the actual cost of the City of the abatement, whether such abatement is performed by City employees or by an independent contractor, but said cost shall not include the cost of any services performed on City-owned infrastructure, or the cost of services performed on any infrastructure located within City owned property or street rights of way.  Costs for services of City employees shall include, without limitation, an amount based on the hourly rate of pay, including all fringe benefits, of the personnel involved.  Any amount certified to the County Fiscal Officer shall be paid over the following time periods, with interest charged at a rate that the City can obtain at the time of the assessment:
 
Cost of abatement up to $1,500.00
5 years
Cost of abatement over $1,500.00
10 years
   Within fifteen days after receipt of the notice of the assessment, a person may apply in writing to City Council asking that the assessment be deferred on the basis of a financial hardship.  City Council will hear the request and determine whether to grant the request and, if the request is granted, under what terms.
(Ord. 141-2004.  Passed 10-25-04.)