915.05 USE OF PUBLIC SANITARY SEWER REQUIRED.
   (a)   Deposits Prohibited. No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area within the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
   (b)   Discharge to Watercourse Prohibited. No person shall discharge to any Watercourse within the City, or within any area under the jurisdiction of the City, any Wastewater or other polluted waters, except where suitable treatment has been provided in accordance with federal, state and City regulations.
   (c)   Privy, Cesspool or Private Sewer Prohibited. No owner, agent, lessee, tenant or occupant of any lot or land located within the City shall establish, construct, maintain or permit to remain, a septic tank, privy, cesspool or other receptacle for sewage or excreta, or a connection to a private sewer, ditch or other outlet, if such lot or land is accessible to a public Sanitary Sewer constructed and used for the purpose of conveying sewage. When such public Sanitary Sewer is available or is hereafter made available, a connection to such public Sanitary Sewer shall be established and used by such owner, agent, lessee, tenant or occupant.
   (d)   Connection Required and Cost of Laterals.
      (1)   Every building within the City shall be separately and individually connected by a separate building sewer lateral to a public Sanitary Sewer where there is such Sanitary Sewer adjoining the lot or parcel of land on which such building stands.
         Residential multifamily properties that are similar to triplexes, triplexes, or townhouses as identified by the Deputy Service Director/Superintendent of Engineering shall be required to install a separate Sanitary Sewer lateral for each individual unit.
      (2)   Any and all costs for the initial installation, replacement due to maintenance or repair and/or replacement necessary due to an increase in Sanitary Sewer flow resulting from a change in the nature of the use of the building shall be paid for by the owner of the property being served by the Sanitary Sewer lateral. The owner of the property shall maintain, repair and replace that portion of the Sanitary Sewer lateral located within the public right of way and on private property from the City main, including the Sanitary Sewer wye.
      (3)   Where Sanitary Sewer laterals are a part of a street reconstruction project, the City shall repair and/or replace where necessary that portion of the Sanitary Sewer laterals located within the public right of way as the Director determines is necessary.
      (4)   Every building in existence prior to the construction of a public Sanitary Sewer adjacent to the lot or parcel of land on which the building stands shall, upon the construction of such adjacent Sanitary Sewer, be connected to such Sanitary Sewer within six months of the time such Sanitary Sewer is so constructed and made available for use.
         A.   The Director shall cause written notice to be given to the owner of each lot or parcel of land to which such connections required herein are to be made. The notice shall state the number and character of connections required as determined by the Deputy Service Director/Superintendent of Engineering. The notice under this section shall be by certified mail addressed to such owner at his last known address or to the address to which tax bills are sent. The returned receipt for notice given by certified mail accepted by the addressee or anyone purporting to act for him shall be prima facie evidence of the service of notice required under this section. If it appears by the return of the certified mail notice that the owner cannot be found, such owner shall be served by publication of the notice once in a newspaper of general circulation within Portage County, Ohio.
         B.   When such connection to the public Sanitary Sewer is not installed by the owner of the property within six months as required in (4) above and notices have been sent as required in (4) A. above the Director shall issue a notice to the property owner providing thirty (30) calendar days from the date of service of such notice, that the required installation of the Sanitary Sewer lateral work will be done by the City and the cost thereof together with a forfeiture of forty percent (40%) of the cost thereof, assessed against the lots and lands for which such Sanitary Sewer lateral connection is made.
      (5)   In the event that the Director determines that the condition(s) of an existing Sanitary Sewer lateral is such that repair or replacement is necessary the Director shall order the repair/replacement of the Sanitary Sewer lateral and said work shall be completed in the time period determined by the Director. In the event that the required repair or replacement creates a health risk to the public the Director shall order the immediate repair/replacement of the Sanitary Sewer lateral and if such repair or replacement is not immediately made then provide for the work to be done by the City and the cost thereof together with a forfeiture of forty percent (40%) of the cost thereof, assessed against the lots and lands for which such Sanitary Sewer lateral repair or replacement is made.
      (6)   This section shall be supplemental to and not in derogation of existing Ordinances relative to sewer connections required for any building within the City.
   (e)   Buildings shall be connected to the public Sanitary Sewer only through a Sanitary Sewer lateral from the dedicated utility right-of-way on which the lot has frontage, except that when there is no main in the street or dedicated utility right-of-way and a proper connection can be made elsewhere on adjoining property, the owner of the lot may, after obtaining a recorded easement from the owner of a lot on an adjoining street or dedicated utility right-of-way and paying the applicable front foot connection charge based on the width of his property as called for in Chapter 925 of Kent Codified Ordinances and the Utilization Charges required in Chapter 919 of Kent Codified Ordinances, obtain a connection to the public Sanitary Sewer through said easement from the adjoining street or dedicated utility right-of-way. The owner of the lot to be served through the easement shall furnish a copy of the recorded easement to the Department of Public Service. In such case the Department of Public Service will open an account, issue permits and charge for the public sewer in conformity with this Chapter. When the main is laid in the street or dedicated right-of-way on which the lot has frontage, the owner shall purchase a standard service from the new main or dedicated utility right-of-way and disconnect the service from the main in the adjoining street or dedicated utility right-of-way and provide vacation of the easement previously required.
   (f)   Sewers Under Control of City. All Sewers of any kind within the lines of any street, public easement or other public ground, or any Sewer constructed by the City shall be under the control of the City. All Sewers of any kind not within the lines of any street, public easement or other public ground shall not be the maintenance responsibility of the City but shall remain under the control of the City. (Ord. 2012-90. Passed 8-15-12.)