(a)   No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from the Village and the Oakland County Department of Public Works. No building sewer shall be covered until after it has been inspected and approved by the Village and the Oakland County Department of Public Works.
   (b)   The owner or his or her agent shall make application for a sewer permit on a form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information required by this chapter or considered pertinent in the judgment of the Council. A hook-up fee in an amount established by the Village Council shall be paid to the Village Clerk at the time the application is filed. A plumbing permit and electrical permit are also required. If a street opening is required to make the service connection, an additional attachment to the permit must be completed.
   (c)   The Village Council is authorized to enter into such contract(s) as it may deem appropriate and necessary for the operation and maintenance of the pressure sewer system. All users and permittees of the system shall subscribe to operation and maintenance to be performed by the authorized agent of the Village. Costs and charges for operation and maintenance (including replacements) shall be borne equally by users of the pressure sewer system.
   (d)   All costs, expenses and liabilities incident to the installation and connection of the building sewer shall be borne by the property owner. The property owner shall indemnify and save harmless the Village of Franklin from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
      (1)   It shall be the duty of each property owner to maintain, clean and repair the building sewer lines at his or her own expense as necessary to keep such lines free and clear of obstructions and in good working order.
      (2)   The Village of Franklin shall maintain, clean and repair, as necessary and at the user's expense, the Municipal sewer lines and the grinder pumps.
      (3)   In the case of a bona fide dispute as to whether needed maintenance, cleaning or repair of a portion of sewer line is the responsibility of the property owner or the Village under the provisions of this chapter, it shall be the duty of the property owner to establish that the obstruction, disrepair or defect has occurred in that portion of the line for which the Village is responsible.
      If the property owner fails to establish the Village's responsibility, it shall be the property owner's responsibility to perform the necessary maintenance as provided in this chapter. If the Village's responsibility is established, the Village shall perform the necessary maintenance and shall reimburse the property owner for reasonable expenses incurred in locating the defect in the line or in otherwise establishing the Village's responsibility.
      The property owner shall be responsible under this chapter for the maintenance and repair of the building sewer lines. The Village, on the other hand, is responsible for the maintenance and cleaning of the entire sewer line out of the grinder pump and for major repair of the grinder pump, the trunk line and lateral lines only and has no responsibility of any kind for the building sewer lines.
      (4)   Any property owner who shall violate the provisions of this section shall be liable to the Village for civil damages incurred in correcting the defect and, in addition, shall be guilty of a misdemeanor and subject to the penalties set forth in this chapter.
      If any property owner fails to maintain a building sewer line as required by this chapter, then, in addition to the other penalties prescribed, the sewer may be declared a public nuisance by the Village or by the Oakland County Health Department, and the defect may be corrected by either governmental agency. Any costs so incurred shall be assessed against the property and become a lien on the property if not timely paid.
      (5)   A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or an interior lot and, in the judgment of the Council, no private sewer is available or can be constructed to the rear building through an adjoining alley, yard or driveway, in which case the building sewer from the front building may be extended to the rear building.
      (6)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Council, or its designated agent, to meet all requirements of this chapter. All costs incurred in such evaluation shall be borne by the property owner.
      (7)   The building sewer shall be constructed of a material approved by the State of Michigan Plumbing Code. The Village reserves the right to specify and require the encasement of any sewer pipe with concrete, or the installation of the sewer pipe in a concrete cradle if foundation and construction are such as to warrant such protection in the opinion of the Council or its designated agent.
      (8)   The size of the building sewer shall be six inches. Such size may be reduced to not less than four inches when, in the judgment of the Village Engineer, a six-inch pipe cannot or should not be installed. The slope of such four-inch pipe shall be not less than one-quarter inch per foot, unless otherwise permitted. The slope of pipe, the diameter of which is six inches or more, shall be not less than one-eighth inch per foot, unless otherwise permitted.
      (9)   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade. The line shall be straight or laid with properly curved pipe and fittings. Changes in direction greater than forty-five degrees shall be provided with cleanouts accessible for cleaning.
      (10)   In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by artificial means in conformity with the State Plumbing Code and approved by the Village of Franklin.
      (11)   All joints and connections shall be tested in accordance with the State Plumbing Code and proved to be gastight and watertight.
      (12)   No sewer connection will be permitted unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for treatment of BOD and suspended solids.
      (13)   All newly constructed building sewers shall have a properly sized cleanout at the head of said sewer that is accessible at all times. This cleanout shall allow access of sewer cleaning equipment of a size equivalent to the size of the building sewer.
      (14)   All sewers shall be constructed in accordance with the latest edition of the "Ten State Standards."
(Ord. 179.  Passed 8-17-92.)