(a) For purposes of this section, a "sewer lateral" is defined as a sewer that connects the sanitary plumbing in a structure to the City's public main sewer line. Sewer laterals which convey both storm and sanitary flows (combined sewers) are also included in this definition.
(b) Sewer laterals shall be installed and maintained in proper working order, as determined by the Director of Utilities, at the expense of the owner and in accordance with any applicable provisions of this chapter or applicable provisions of other state, federal, or local laws, rules, or regulations. The City of Lima has no legal obligation to maintain or repair any sewer lateral or other part of the sewer system beyond the City's main sewer line, but may under take such action provided for in this section at the sole discretion of the Director of Utilities. Nothing in this section is intended to allow the property owner to avoid the legal obligation for the installation, maintenance, and repair of sewer laterals from the structure to the City's main sewer line.
(c) If the Director of Utilities determines a sewer lateral located within the public right-of-way or a public sewer easement area is not properly functioning, or is otherwise in need of rehabilitation or repair, the Director is hereby authorized to cause such rehabilitation or repair to be performed at the City's cost.
(d) If the Director of Utilities determines a sewer lateral not located within the public right-of-way or a public sewer easement area is not properly functioning, or is otherwise in need of rehabilitation or repair, the Director shall issue a notice to the owner identifying the correction that needs to be made and the time limits for the correction to be made.
(1) If the owner fails to make the necessary correction the Director of Utilities is hereby authorized to take all necessary action to cause such work to be performed upon such a sewer lateral, as the Director determines is appropriate to properly provide for the sewer lateral connection to the City sewer.
(2) The Director of Utilities, with the approval of the Mayor, is authorized to enter into special agreements or arrangements between the City and a private property owner to accomplish the rehabilitation or repair of such a sewer lateral.
(3) If the owner fails to pay the cost of any work performed or caused to be performed by the City, the Director of Utilities shall certify the cost of same to the City Auditor, who is hereby authorized to certify such costs to the County Auditor as a special sewer assessment to the property served by the sewer lateral.
(Ord. 211-03. Passed 11-17-03; Ord. 246-21. Passed 10-25-21.)