§ 52.40 BUILDING SEWER AND CONNECTIONS.
   (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 Director. No building sewer shall be covered until after it has been inspected and approved by the Director.
   (B)   The owner or his or her agent shall make application for sewer permit on a form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information required by this subchapter or considered pertinent in the judgment of the city. A hook-up fee, in an amount established by resolution of the City Council, shall be paid to the City Treasurer at the time the application is filed. A plumbing permit is also required. If a street opening is required to make the lead connection, an additional attachment to the permit must be completed.
   (C)   All cost and expense incident to the installation, connection and maintenance of the building sewer to the public sewer connection shall be borne by the owner.
   (D)   (1)   All liabilities incident to the installation and connection of the building sewer shall be borne by property owner. The property owner shall indemnify and save harmless the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
         (a)   It shall be the duty of each property owner to maintain, clean and repair the private sewer lines on his or her property at his or her own expense as necessary to keep such lines free and clear of obstructions and in good working order and to maintain and keep clear of obstructions the lateral lines servicing his or her property.
         (b)   It shall be the duty of the city to maintain, clean and repair as necessary and at its expense the sewer trunk lines and to repair or replace any broken or crushed lateral lines.
      (2)   The city shall not be responsible for cleaning or maintenance of lateral lines.
      (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 city under the provisions of this subchapter, 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 city is responsible.
      (4)   If the property owner fails to establish the city responsibility, it shall be the property owner’s responsibility to perform the necessary maintenance as provided in this subchapter. If the city responsibility is established, the city 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 city responsibility.
      (5)   The property owner would be responsible under this subchapter for the total maintenance and repair of the private sewer lines on his property and for the maintenance and cleaning, although not including major repair, of the entire sewer line out to the trunk line.
      (6)   The city, on the other hand, is responsible for major repair of the trunk line and lateral lines only and has no responsibility of any sort for the private lines. The city also has no responsibility to clean the lateral lines.
      (7)   Any property owner who shall violate the provisions of this subchapter shall be liable to the city for civil damage incurred in correcting the defect, and in addition, shall be guilty of a misdemeanor.
      (8)   If any property owner fails to maintain a private sewer line as required by this subchapter, in addition to the other penalties prescribed, the sewer may be declared a public nuisance by the county health officer and the defect may be corrected by the city. Any costs so incurred shall be assessed against the property and become a lien on the property if not timely paid.
   (E)   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 no private sewer is available or can be constructed to the rear building through an adjoining alley, yard or driveway, the building sewer from the front building may be extended to the rear building.
   (F)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director, to meet all requirements of this subchapter.
   (G)   The building sewer shall be constructed of vitrified clay sewer pipe or cast iron soil pipe, as approved by the Director. The city reserves the right to specify and require the encasement of any sewer pipe with concrete, or the installation of the sewer pipe in concrete cradle if foundation and construction are such as to warrant such protection in the opinion of the Director.
   (H)   The size and slope of the building sewer shall be subject to approval by the Director, but in no event shall the diameter be less than 4 inches. The slope of 4-inch pipe shall be not less than 1/4 inch per foot, unless otherwise permitted. The slope of pipe, the diameter of which is 6 inches or more, shall be not less than 1/8 inch per foot unless otherwise permitted.
   (I)   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 3 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 45 degrees shall be provided with cleanouts accessible for cleaning.
   (J)   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 approved by the Director, and discharges to the building sewer.
   (K)   All joints and connections shall be made gastight and watertight. All joints shall be approved by the Director.
   (L)   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.
   (M)   All newly constructed building sewers shall have a properly sized cleanout at the head of the 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.
   (N)   All sewers shall be constructed in accordance with the latest edition of the Ten State Standards.
(Prior Code, § 30-86) (Ord. 92-7, passed 8-20-1992)