A. No unauthorized person(s) 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 city.
Any property owner, its agent, representative, any independent contractor, or other person who makes any connections with or opening into, or uses the system without first filing with the sewer department a written and signed connection application as required above, is guilty of theft of municipal services, a class B misdemeanor. In addition to any criminal penalties which the court may affix, the individual or entity connecting to the system without first filing with the sewer department a written and signed application as required in sections 14.20.040 and 14.20.045 of this chapter is liable to the city for actual and consequential damages resulting from the connection, including legal and engineering fees incurred to correct the unauthorized use, and collection of all damages and unauthorized use fees. In addition to any criminal penalties and damage amounts, the individual or entity connecting to the system shall be liable to the city for the unauthorized use of the system in the amount of two thousand five hundred dollars ($2,500.00), or an amount equal the cost to the city of discovering the unlawful use, disconnecting it, and the monthly sewer fees which would have been charged during the term of connection if an accurate term of the unauthorized use of the system can be determined. (Ord. 97-14)
B. There shall be two (2) classes of sewer connection permits: 1) class I for residential services, and 2) class II for services to commercial and industrial establishments. Class I for residential services is defined to include all users with residential flow, and class II for commercial and industrial establishments is defined to include users with commercial and industrial flow. In either case, the owner(s) or its agent 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 water and sewer superintendent. A permit and connection fee in accordance with the fee rates listed in the addendum, as set out herein below, shall be paid to the city at the time the application is filed.
Section 14.20.780 of this chapter contains an addendum entitled "Service User Charge System". This addendum may be incorporated by reference and made a part of the ordinances of the city and its title shall be known and it may be referred to as the "addendum" in any document, pleading, or proceeding pertaining to the sewer or wastewater system of Mapleton City. References to the "addendum" shall be made only when there is ambiguous declaration or statement in this or any other city ordinance of Mapleton City, Utah and any resolutions or proceeding affecting the city sewer and wastewater system.
Until otherwise provided by resolution or an amending ordinance the rates shall be assessed in accordance with the addendum.
C. The rates, penalty fee for delinquency in payment, connection fee, reconnection fee, inspection fee and other charges incidental to connection and services from the system shall be fixed from time to time by resolution enacted by the city council. The city council may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for wastewater services and all other rules necessary for the management and control of the system. Rates for services furnished shall be uniform with respect to each class or classes or service established or that may hereafter be established.
D. 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. Nothing herein shall preclude the city from turning off the water to the property as a result of nonpayment as provided by resolution.
E. 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 a 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. Building sewers which formerly serviced buildings, which buildings no longer exist or are torn down, may be used in connection with newly constructed buildings only when the building sewer is examined and tested by the city sewer and water superintendent and found to meet all requirements of this chapter.
G. 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, jointing, 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. 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 shall be responsible for all installations, maintenance, and operating costs for their operation.
I. 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 department of environmental quality for purposes of disposal of polluted surface drainage.
J. 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 the ASTM and the WPCF manual of practice no. 9. All such connections shall be made gastight and watertight, any deviation from the prescribed procedures and materials must be approved by the city before installation. 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 and to a condition equal to or better than the condition existing prior to the work being performed. (Ord. 95-19)
K. A separate assessment shall be made against the owner of real property for any and all charges, fees, assessments, obligations or liabilities under this chapter on the same basis as provided in the city water ordinance. The intent of this provision is to charge every user of sewer services who is also charged for water services, where a residence exists. A duplex or any other multiunit housing structure shall be charged a separate connection fee for each unit and a separate monthly service fee for each unit. A basement apartment shall be charged a monthly service fee. (Ord. 97-14)
L. Irrespective of the occupant, user, tenant, co-tenant, permissive user, contract purchaser or any other person, firm, partnership, corporation or entity being in possession of the premises to which a connection is supplied or service is made available, the owner of the premises according to the records of the Utah County recorder as of the date the charge, fee or assessment is made, unless designated otherwise, shall be legally responsible for the payment of all charges, fees, assessments, obligations or liabilities of a user. Any person who sells property subject to this chapter by means of a contract or instrument which does not transfer legal title to the buyer, but only purports to transfer equitable title to the buyer and thus retains legal title to the property in the seller's name, shall be deemed the owner of the premises. 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 Mapleton as a lien upon all of the real property on which any use is made from a sewer connection. Water service to delinquent property shall be turned off by the city for failure to pay said fee, assessment, charge or liability and will not be turned on again to those premises where a delinquency occurs unless and until all liabilities to the city for sewer service are paid in full.
M. The mayor and council of Mapleton City may, at their discretion and at the highest legal rate, impose an interest charge or a late fee on all delinquent or past due accounts either for connection fees, user charges, maintenance, repair or any other charge which is provided for, imposed or authorized by this chapter. (Ord. 95-19)