13.04.050: SANITARY SEWERS, BUILDING SEWERS AND CONNECTIONS; RATES FOR USE:
   A.   Authorization To Make Connection: No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof.
   B.   Application; Supplemental Plans/Specifications: For a sewer connection, the owner(s) or agents shall make application on a form obtained from the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city.
      1.   A permit and inspection connection fee shall be charged based on the culinary water meter size.
      2.   A fee shall be set by the governing body upon application to the city for a connection whose owner has a meter over six inches (6").
   C.   Connection Required: Each person owning, occupying or having an interest in any structure in the city of Farr West, the property line of which is within three hundred feet (300') of the sewer line shall connect to the sewer system upon an application provided by the city.
      1.   Any person who is the occupant, owner or user of any structure whose outermost property line is within three hundred feet (300') of the sewer system and who fails to connect to the sewer system shall be guilty of class B misdemeanor or a misdemeanor as declared by state law and will be subject to a fine and penalty as established in the fee schedule. Each day of failure to connect shall be deemed a separate offense.
      2.   Each individual connection to the sewer system shall be executed by a completed and approved building permit.
      3.   Attached to the ordinance codified in this chapter as an addenda is a document entitled "Service User Charge System", addendum A. Addendum A is incorporated by reference and made a part of this chapter and a part of the ordinances of Farr West City and its title shall be known and it may be referred to as "addendum A", in any document, pleading, or proceeding pertaining to the sewer or wastewater system of Farr West City. References to "addendum A" shall also be made when there is ambiguous declaration or statement in this or any sewer ordinance of Farr West City, Utah, and any resolutions or proceeding affecting the Farr West City sewer and wastewater system. The rates for connecting to and use on monthly or any other basis may be fixed and amended by resolution or amending ordinance.
      4.   Until otherwise provided by resolution or an amending ordinance, the minimum rate shall be based on the residential equivalency unit of twelve thousand (12,000) gallons per month and shall be as prescribed in the fee schedule (see title 3, chapter 3.30 of this code).
      5.   The governing body may, in its discretion, and to promote equity in distribution of operation and maintenance costs, and for no other purpose, establish rates based entirely upon metered winter usage, effluent strength, by or solely upon the basis of class as defined in this chapter or upon an equitable combination of any of those so that the costs of operation and maintenance reflected in rates will be equitably distributed among users based upon their usage of and benefit received from the system.
   D.   City Indemnified: All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
   E.   Separate Sewer For Each Building; Exception: A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole system will be considered as one building sewer. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
   F.   Use Of Old Sewers: Old building sewers may be used in connection with new buildings only when they are examined and tested by the city building inspector and found to meet all requirements of this chapter.
   G.   Required Standards: The size, slope, alignment, materials or construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, joining, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city and the state of Utah. In the absence of these code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF manual of practice no. 9 shall apply.
   H.   Elevation Of Building Sewer: Whenever possible, the building sewer shall be brought from the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Where such means are necessary, the owner(s) shall be responsible for all installations, maintenance and operating costs for their operation.
   I.   Surface/Ground Water Connections: No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the city and the Utah state department of environmental quality for purposes of disposal of polluted surface drainage.
   J.   Compliance With Applicable Codes: The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, and the state of Utah, or the procedures set forth in appropriate specifications of nationally recognized publications of what are known as the ASTM and the WPCF manual of practice no. 9. All such connections shall be made gastight and watertight, and any deviation from the prescribed procedures and materials must be approved by the city before installation.
   K.   Owner Liability: Irrespective of the occupant, user, tenant, cotenant, permissive user, or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service made available, the owner of the premises according to the records of the Weber County recorder shall be legally responsible for the payment of all charges, fees, assessments and any other payments, obligations or liability of a user. If any delinquent sewer connection, sewer user charge, repairs, maintenance or any other obligation is imposed against any premises, property, buildings or structures, the obligation shall be deemed by the city of Farr West as a lien upon all of the real property on which any use is made from a sewer connection.
   L.   Delinquent Charges; Collection; Lien: The mayor and city council of Farr West City may, at their discretion and in circumstances that are equitable, impose the following on all accounts past due over sixty (60) days. This procedure shall apply to all charges whether for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this chapter.
      1.   A late fee as prescribed in the fee schedule will be added monthly to all accounts wherein a user is past due over sixty (60) days.
      2.   Those accounts with no payment activity for a one hundred eighty (180) day period will be sent a letter of demand by the city.
      3.   In the event no response has been made to the city within ten (10) days from the date of the demand letter, the account will be sent to small claims court for collection.
      4.   Should it be deemed necessary by the mayor and city council, a lien will be imposed at that time upon all of the real property on which any use is made from a sewer connection until all past due accounts of the user are paid in full.
   M.   Annual Rate Notification: Each user will be notified, at least annually, of the rate and that portion of the user charges which are attributable to wastewater treatment services (O&M) versus debt service.
   N.   Surcharge; Refund: All nonresidents whose property is contiguous to the Farr West City boundary and who wish to connect to the sanitary sewer system of Farr West City shall pay an additional surcharge of one hundred percent (100%) of the normal connection fee and user fees as established in the fee schedule (see title 3, chapter 3.30 of this code). The connection fees will be assessed on the building permit and the user fees will be billed monthly. The connection fee surcharge only will be refunded if the nonresident annexes his or her property into the city within two (2) years. (Ord. 2012-02)