Loading...
The reserve fund called the “Wastewater Facilities Replacement Fund” established within the Wastewater Utility Fund as an interest-bearing account shall be funded by a deposit of $800 per year obtained from the Wastewater Utility Fund at the end of each fiscal year.
(Prior Code, § 4.08.130)
The service drain or pipe within and without the premises and through its entire length to the town sewer system must be laid and kept in repair at the expense of the owner, who shall be responsible for all damages resulting from leaks, breaks and obstructions. No claim shall be made against the town on account of the breaking of any service, drain or sewer pipe or apparatus or for the failure in discharge of sewage to the town sewer system. When there is a leak or obstruction in the street and it is doubtful whether the leak or obstruction is from a break in the town sewer system or from a private service pipe, employees of the town shall determine which it is from. If the leak or obstruction is found to be from the town sewer system, the town will make all repairs, but if it is from the service pipe the owner of the property or agent will be notified and must immediately take charge of the excavation, repair the leak or obstruction, replace the street and be responsible for all the damages which may result. In case the owner or agent does not make repairs at once, the town will proceed, and all bills for labor and material will become a charge against said property and shall be collected from the owner or agent. At the end of the month, in case the bill is not paid, the enforcement of payment thereof will be performed in the same manner as for payment of bills for sewer usage.
(Prior Code, § 4.08.150)
The property owner is responsible for repair of the curb, sidewalk, street, asphalt or other surfaces (collectively referred to as the “surfaces”) located on or adjacent to the property as a result of sewer service drain or pipe maintenance, repair or replacement. Any patching, curb repair or replacement, gutter repair or replacement, sidewalk repair or replacement, or any other general repair or replacement to any surface (collectively referred to as the “surface repair work”) is the responsibility of the property owner. If the property owner does not hire a licensed contractor to complete such surface repair work within 90 days of completion of the repairs or replacement to the sewer service drain or pipe, the town may, but is not obligated to, hire a licensed contractor to complete surface repair work on behalf of the property owner. The Town Council has discretion to determine whether it is in the best interest of the town to complete the surface repair work on behalf of one or more property owners and whether the town is financially capable of covering the cost of the surface repair work until the town is reimbursed in full by the property owner.
(A) (1) If the town elects to undertake the repairs on behalf of the property owner, the town shall bill the property owner directly for all surface repair work by providing a written invoice for the cost of repairs attributable to the property.
(2) If the property owner fails to pay the town in full for the cost of the surface repair work within 90 days of the property owner’s receipt of the invoice, the unpaid balance shall be added to the property owner’s property tax bill for the upcoming tax year. If determined by the Town Council to be in the best interest of the town, the Town Council may consider dividing the cost of the surface repair work equally over a term not to exceed three tax years following the tax year in which the surface repair work was completed.
(3) The last sentence of division (A)(2) above merely provides an option, and the Town Council is under no obligation to allow the cost of the surface repair work to be divided over a multi-year period.
(B) (1) The town shall have no responsibility or liability for any damage caused to the property that may occur during the surface repair work.
(2) Any subsequent surface repair work that may be required on the property for any reason, including subsequent repairs to the same area where surface repair work was originally completed, shall remain the responsibility of the property owner.
(3) The town shall make its best efforts to notify the original contractor, if applicable, of the failure of the original surface repair work and the need for subsequent surface repair work. In no event shall the town be responsible for the costs of subsequent repairs required to an area where surface repair work was previously completed for any reason.
(4) If additional charges are required for subsequent surface repair work, the town has discretion to determine if it is in the town’s best interest to complete the subsequent surface repair work. Financial responsibility for subsequent surface repair work shall be governed in the same manner as initial surface repair work under this section.
(C) (1) The property owner agrees to hold harmless, indemnify and defend the town, its agents, officers, directors, Council member(s) and employees (collectively referred to as the “indemnitees”) from and against any and all liabilities, losses, damages, liens, claims, suits, causes of action, costs (including court costs, attorney’s fees and costs of investigation) and actions of any kind arising out of, caused by, resulting from or alleged to arise by reason of the surface repair work.
(2) If any action or proceeding shall be brought by or against any indemnitee in connection with any such liability or claim, the property owner, on notice from the indemnitee, shall defend such action or proceeding at the property owner’s sole expense, by or through attorneys reasonably satisfactory to the indemnitee.
(Ord. 349, passed 12-14-2022)
DRAIN LAYING
The construction and maintenance of all sewers, drains, cesspools and the like, whether public or private, within the limits of the town shall be under the supervision and direction of the Town Engineer, or such person as the Council may appoint his or her authorized assistant or duly appointed inspector.
(Prior Code, § 4.04.010) (Ord. 160, passed - -; Ord. 252, passed - -; Ord. 254, passed - -)
(A) No person, firm or corporation shall excavate for or construct any sewer, drain or cesspool, or make connection thereto, or modify or repair the same, without holding the proper license for such work from the Town Council.
(Prior Code, § 4.04.020)
(B) The application to the Town Council or such license shall be endorsed by the Town Engineer, who shall have first satisfied himself or herself as to the competency and ability of the applicant to carry on the business of drain laying.
(Prior Code, § 4.04.030)
(Ord. 160, passed - -; Ord. 252, passed - -; Ord. 254, passed - -)
Upon the granting of such license and before the same has been issued, the applicant or applicants shall file with the Town Clerk, a bond in the sum or $1,000, which bond shall be approved by the Mayor and Town Attorney, and conditioned for the protection of the town against all loss or damage which may occur on account of such license, through any carelessness or negligence in either the execution or protection of his or her work by reason of any unfaithful or inadequate work done by such person, firm or corporation, or his, her or their employees and that said licenses as such will also conform to all the conditions and requirements of the town for his or her or the town government, or in default thereof, will submit to such penalties as are, or may be, prescribed by the Town Engineer, the authorized inspector or the Town Council.
(Prior Code, § 4.04.040) (Ord. 160, passed - -; Ord. 252, passed - -; Ord. 254, passed - -)
No person, firm or corporation engaged in the business of drain laying, or sewer connection, shall allow his, her or their name to be used by any person, directly or indirectly, to obtain a permit or do any work under his, her or their hand, except the town has a right to hire competent labor for its own use.
(Prior Code, § 4.04.060) (Ord. 160, passed - -; Ord. 252, passed - -; Ord. 254, passed - -) Penalty, see § 52.99
Loading...