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Lima Overview
Lima, OH Code of Ordinances
CODIFIED ORDINANCES OF LIMA, OHIO
CHARTER OF THE CITY OF LIMA, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE TWO - Street and Sidewalk Areas
TITLE FOUR - Utilities
CHAPTER 1040 Sewers, Sewer Rates, Fees
1040.01 DEFINITIONS.
1040.02 USE OF PUBLIC SEWERS REQUIRED.
1040.03 PRIVATE WASTEWATER DISPOSAL.
1040.04 CONNECTION REQUIRED.
1040.05 SEWER DISTRICT ESTABLISHED; DIVISION OF AUTHORITY.
1040.06 SEWER TAP PERMITS.
1040.07 CONNECTION CHARGE REQUIRED.
1040.08 COMPUTATION OF CONNECTION CHARGES; IMPACT FEE.
1040.09 AMOUNT OF CONNECTION CHARGES PER UNIT.
1040.10 BUILDING SEWER STANDARDS.
1040.101 SEWER BACKUPS INTO PRIVATE PROPERTY.
1040.11 CONNECTIONS OUTSIDE CITY LIMITS.
1040.12 INDUSTRIAL PRETREATMENT REQUIRED.
1040.121 INDUSTRIAL DISCHARGE PERMIT SYSTEM.
1040.13 USE OF PUBLIC SEWERS.
1040.14 INSPECTIONS.
1040.141 ACCIDENTAL DISCHARGES PROTECTION.
1040.142 RECORDS RETENTION.
1040.143 ENFORCEMENT.
1040.15 CHARGES LEVIED.
1040.16 RATES AND CHARGES.
1040.161 NOTIFICATION OF RATE AND SEWER SERVICE CHARGE.
1040.17 VOLUME CHARGE. (REPEALED)
1040.18 HIGH STRENGTH SURCHARGES.
1040.19 METERING AND MONITORING FEES.
1040.20 LIQUID WASTE HAULERS.
1040.21 SEPTIC TANK AND LIQUID WASTE DISPOSAL FEES.
1040.22 INDUSTRIAL COST RECOVERY SYSTEM. (REPEALED)
1040.23 INDUSTRIAL COST RECOVERY SYSTEM PAYMENTS. (REPEALED)
1040.24 SEWER DESIGN AND INSTALLATION.
1040.241 REPLACEMENT OR REHABILITATION OF SEWER LATERALS IN THE PUBLIC RIGHT OF WAY AND IN PUBLIC SEWER EASEMENT AREAS.
1040.25 REVISIONS.
1040.26 LIABILITY OF OWNER FOR CHARGES; TENANT ACCOUNTS; PAYMENTS.
1040.27 UNLAWFUL DISCHARGES.
1040.28 DAMAGING, DEFACING, ETC. TREATMENT WORKS.
1040.29 BOARD OF APPEALS.
1040.291 APPEALABLE MATTERS.
1040.30 PROCEDURE ON APPEAL.
1040.99 PENALTY.
Appendix A
Appendix B
Appendix C
CHAPTER 1042 Sewer Rates and Fees
CHAPTER 1044 Water
CHAPTER 1046 Electricity
CHAPTER 1048 Gas
CHAPTER 1050 Public Transportation
Chapter 1052 Garbage and Refuse Collection and Disposal
CHAPTER 1054 STORMWATER UTILITY
TITLE SIX - Other Public Services
TITLE EIGHT - FEES
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - PROPERTY MAINTENANCE CODE
PART TWENTY - NUISANCE ABATEMENT
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1040.05   SEWER DISTRICT ESTABLISHED; DIVISION OF AUTHORITY.
   (a)   The City is hereby declared to be a sewer district.
   (b)   All sanitary sewers in the City shall be under the direction, control and authority of the Director of Utilities. All storm sewers in the City shall be under the direction, control and authority of the City Engineer.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)
1040.06   SEWER TAP PERMITS.
   (a)   Failure to Comply with Chapter Unlawful. No person shall discharge sewage, industrial wastes or other wastes into any public sewer or drain within the jurisdiction of the City without having first complied with the terms of this chapter.
   (b)   Permit Required. No person shall make any connection with any public sewer or drain within the jurisdiction of the City, or discharge sewage, industrial wastes or other wastes into any public sewer or drain within the jurisdiction of the City without first obtaining a permit therefor as provided in this chapter.
   (c)   Application; Issuance. Any person desiring a permit to make a connection with, open or tap any public sewer or drain shall first make application to the Director of Utilities in the case of sanitary sewers, or the City Engineer in the case of storm sewers, who shall consult his records with regard to the sewer or drain involved. If such connection, opening or tap can be made, the Director of Utilities or City Engineer shall give such applicant the approximate location at which the connection, opening or tap is to be made, or, if necessary, shall cause a stake to be set on the premises at which the connection, opening or tap is to be made. Upon receipt of all fees, and evaluation and acceptance of the data furnished pursuant to division (d) of this section, when applicable, the Director of Utilities or City Engineer shall issue to the applicant a permit granting permission to connect with, open or tap such sewer or drain and shall state in such permit the street address and the lot number of the property for which the permit is issued. No permit to connect into the sanitary system shall be issued until the Director has determined that capacity is available for wastewater to be discharged in all downstream sewers, lift stations, force mains and the wastewater treatment plant, including capacity for compatible wastes.
   (d)   Fee. The fee for any such permit issued by the Director of Utilities or the City Engineer shall be fifteen dollars ($15.00) for inspection of a repair or replacement lateral, twenty-five dollars ($25.00) for single-family residential and forty dollars ($40.00) for commercial, industrial, multi-family and other uses.
   (e)   Form of Permit; Disposition of Funds Collected. The Director of Utilities shall establish the form for permits to tap sewers, and all forms shall be consecutively numbered. The Director shall transfer to the City Treasurer, in the manner prescribed by law, all funds received for sewer permits, which funds shall be credited to the Sewer Fund of the City.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)
1040.07   CONNECTION CHARGE REQUIRED.
   (a)   In addition to the permit fee, a connection charge shall be made for all new or old buildings connected into the sanitary system. A connection charge shall be made to an industrial user for any additions or alterations to buildings or process change which produces an increase in wastewater flow equal to or beyond the quantities noted in Section 1040.01(ww).
   (b)   The connection charge established herein shall not be charged for connections to be made for property owned and operated by the City.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)
1040.08   COMPUTATION OF CONNECTION CHARGES; IMPACT FEE.
   (a)   Charges for connections to the sewerage system shall be computed on the basis of the number of units to be served. A unit is that quantity of wastewater discharged from the ordinary single-family dwelling, occupied by one family. In computing charges for commercial, industrial or multiple residents, the number of units for which charges are to be made shall be determined from the following equivalent factors, but none shall be less than one unit:
Usage
Unit Factor
Usage
Unit Factor
Auto body shop
0.40 per 2,000 sq. ft.
Auto dealers
0.40 per 2,000 sq. ft.
Barber shops
0.14 per chair
Bars
0.044 per seat
Beauty shops
0.223 per work station
Boarding houses
0.16 per person
Boarding schools
0.27 per person
Bowling alleys (no bars or lunch facilities)
0.16 per alley
Car washes
10.00 per single production line
Car washes (self-service)
1.25 per unit
Churches
0.008 per seat
Cleaners (pick up only)
0.048 per employee
Cleaners (pressing facilities)
1.25 per press
Clinics
0.50 per doctor
Convalescent homes
0.22 per bed
Convents
0.20 per person
Country clubs
0.08 per member
Drug stores (with fountain service)
0.08 per seat
Factories (exclusive of industrial wastes)
0.50 per 2,000 sq. ft.
Fraternal organizations (members only)
1.00 per hall
Fraternal organizations (members and rentals)
2.00 per hall
Grocery stores and supermarkets
1.10 per 2,000 sq. ft.
Hospitals
1.09 per bed
Hotels and motels
0.25 per bed
Laundry (self-service)
0.54 per washer
Multiple-family residence
0.56 per unit
Office buildings
0.40 per 2,000 sq. ft.
Public institutions other than hospitals
0.32 per employee
Restaurants
0.13 per seat
Rooming houses (no meals)
0.13 per person
Schools
0.01 per student
Service stations
0.24 per pump
Snack bars, drive-ins, etc.
0.08 per seat and/or stall
Store (other than specifically listed)
0.16 per employee
Swimming pool
2.85 per 1,000 sq. ft. of pool
Theaters (drive-ins)
0.008 per car space
Theaters (inside with air conditioning)
0.000093 times weekly hours of operation times seats
Trailer parks (central laundry facilities)
0.40 per trailer
Trailer park (no central laundry)
0.75 per trailer
Warehouses
0.10 per 2,000 sq. ft.
 
Classifications not specifically listed shall be assigned values as determined by the Director of Utilities so long as the same are consistent with this section.
   (b)   Impact Fee Required and Computation of Impact Fees.
      (1)   As used in this section, new sewer discharger means permitting a new sewer user to discharge new flows to the City sewer system or a significant increase in sewer discharges from existing sewer users, which the increased sewer discharge is expected to be more than ten percent of the average monthly discharge calculated over a twelve month period.
      (2)   An impact fee will be charged to all new sewer dischargers and existing sewer users whose discharge increases as defined above. Impact fees will be calculated using the number of units to be served or the equivalent factor as defined in this section. This unit, or factor, will be multiplied by one thousand dollars ($1,000), which is the peak gallon flow per minute of one residential unit (average daily flow multiplied by 3.33) multiplied by seventy-five cents ($0.75), which was the cost for the City to earn a wet weather credit factor from the EPA before the approval of the long term control plan (LTCP) and consent decree (CD). In the following year, the City will need to reassess the cost to the City for new users to tie into their system based on the improvement costs associated with the LTCP and CD.
      (3)   The Director reserves the right to waive impact fees for industrial development inside the City, based on the improvements paid for by the City to improve the CSO and SSO systems throughout the system. Waiver of impact fees may be applied to new sewer dischargers of other class of sewer users within the City of Lima as approved by the Director of Utilities.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)
1040.09   AMOUNT OF CONNECTION CHARGES PER UNIT.
   The following connection charges are hereby imposed:
   (a)   Three hundred seventy-five dollars ($375.00) per unit within the City for all new connections, improvements, extensions and/or major alterations to existing improvements; and
   (b)   Five hundred sixty-two dollars and fifty cents ($562.50) per unit outside the City for all new connections, improvements, extensions and/or major alterations to existing improvements.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)
1040.10   BUILDING SEWER STANDARDS.
   (a)   A separate and independent building sewer shall be provided for every building, except that 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 front building may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
   (b)   Old building sewers may be used in connection with new buildings only when they are found, upon examination and testing by the Director of Utilities, to meet all the requirements of this chapter. Abandoned sewers or openings shall be plugged to prevent dirt or fill material from entering the sewerage system.
   (c)   Whenever possible, the building sewer shall be brought to 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.
   (d)   No connection or lateral extending to private property from a public sewer or drain shall be constructed except in accordance with specifications issued by the Director.
   (e)   All connections, tappings or openings shall be made under the supervision of the Director. The holder of a building sewer permit shall notify the Director when the building sewer is ready for inspection and connection to the public sewer.
   (f)   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. All refilling of the excavation made for such connection shall be under the supervision of the City officials responsible for streets.
   (g)   Whenever a building is demolished, thus terminating sewage flow from such location, all building connections to the sewerage system shall be plugged at the tapping or opening into the sewer. Such plugging shall be made under the supervision of the Director. The owner of the building shall notify the Director as to when the plugging shall occur.
(Ord. 175-91. Passed 7-8-91; Ord. 246-21. Passed 10-25-21.)
1040.101   SEWER BACKUPS INTO PRIVATE PROPERTY.
   (a)   Property owners are responsible for ensuring the sanitary and/or storm sewer drainage system connected to their building is at such height and in such condition as to not allow backups in the public sewer system to infiltrate back into the property owner's building.
   (b)   Notwithstanding subsection (a) hereof, the Director of Utilities in his sole discretion may make case-by-case determinations that due to the design or installation of the public sewer system it is impracticable, unreasonable, or it would be a substantial hardship, for the property owner to properly correct the existing sewer connection between the property owner's building and the public sewer system.
      (1)   In the event the Director makes such a determination, the Mayor is authorized to enter into an agreement with the affected property owner whereby the City agrees at the City's cost and expense to perform all or part of the work necessary to improve the sewer connection to the public sewer system to minimize the risk of backups in the public sewer system infiltrating back into the property owner's building, under terms and conditions the Director determines to be reasonable.
      (2)   The Mayor is authorized to enter into contracts with other persons or entities to cause such work to be performed on behalf of the City, provided some form of competitive bidding is allowed for such contracts, except in cases of emergency to protect the public health, safety or welfare, or to protect the integrity of the public sewer system, as the Director determines to be appropriate.
      (3)   The Auditor is authorized to make payment as called for in such contracts without separate approval of Council.
      (4)   The cost to the City associated with this section shall be included in the rate base for all customers within the same classification.
(Ord. 018-04. Passed 1-26-03; Ord. 246-21. Passed 10-25-21.)
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