§ 52.003 USE OF PUBLIC SEWERS REQUIRED.
   (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 the 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 sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of these rules and regulations.
   (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 city, or in any area under the jurisdiction of the city.
   (D)   (1)   The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting any street, alley, or right-of-way in which there is a public sanitary sewer for the city, is hereby required, at the owner’s expense, to install suitable toilet facilities therein and to either:
         (a)   Connect such facilities directly with the proper city sewer in accordance with the provision of this chapter within 90 days of official notice to do so; provided that said sewer is within 250 feet of the property line; or
         (b)   Connect such facilities to the owner’s private sewage treatment facility and to treat the sewage upon the property such that no sewage effluent shall be disbursed either upon the property or beyond the boundaries of the property nor sewage transported from the property, unless otherwise permitted by ordinance, except as has been fully treated as required by law or regulation in accordance with applicable federal and state requirements for treatment of sewage from residential, industrial, or commercial uses, as is appropriate to the use of the property; provided that the sewage shall not thereafter be treated by means of a septic tank and drainfield.
      (2)   In the event that, during the period of 90 days to connect to the city sewer or to provide equivalent sewage treatment facilities, the said owner shall file written objection with the secretary (City Recorder) against so being required to install said facilities, the city shall not enforce the provisions of this division (D)(2) upon said owner, so filing his or her objections, until the Directors (City Council) shall have, at a meeting thereof, heard the said objections of said owner, and rendered its decision thereon. The meeting of the Directors (City Council) shall be held not less than ten days nor more than 40 days from and after the date of filing of said objections with the secretary (City Recorder). Not less than seven days prior to the date set by the Directors (City Council) for said meeting, the secretary (City Recorder) shall give due notice of the date set therefore to said owner. The decision of the Directors (City Council) shall be final and no recourse shall be available to said owner except as is provided by law.
   (E)   The official notice to connect as set forth in division (D) above shall be given by the secretary of the city by publishing a notice to all owners of the property abutting any street, alley, or right-of-way in which there is a public sanitary sewer of the city, to connect within 90 days of the publication date of said notice, said notice to be published in the News-Guard, Lincoln City, Lincoln County, Oregon.
   (F)   The owner of any house, building, or property connected to the city’s public sanitary sewer may disconnect from the public sanitary sewer provided the owner provides adequate sewage treatment for the property by complying with division (D) above. In such event, the owner shall pay to the city its reasonable costs of inspection to certify that the sewage treatment facility installed by the owner complies with state and federal requirements for treatment of sewage from residential, industrial, or commercial use, as is appropriate to the use of the property and that the disconnection of the property from the public sanitary sewer is made in such a manner so as not to damage the public sanitary sewer nor result in any sewage effluent being deposited upon the property, adjacent right-of-way or other properties. The City Council may, from time to time, adopt a resolution setting forth the fee for inspection for disconnection from the public sanitary sewer.
(Ord. 46, passed 4-8-1975; Ord. 50, passed 2-14-1975; Ord. 168, passed 7-1-1991)