(A) No unauthorized 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 of Public Works/City Engineer.
(B) The design of all sanitary sewers shall be in accordance with the city’s standard plans and specifications or with the approval of the Director of Public Works/City Engineer. All sanitary sewers or building sewers shall be approved by the Director of Public Works/City Engineer for construction prior to work starting and inspected by city’s Sewer Department prior to the sewer being covered.
(C) There shall be two classes of sewer users as follows:
(1) Residential and commercial service; and
(2) Service to establishments producing industrial wastes.
(D) In either case, the owner or his or her agent shall make application on a special form furnished by the city for a building sewer permit. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director of Public Works/City Engineer and the Director.
(E) All costs and expenses incident to the installation, connection, disconnection, and repair of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(1) In cases where it is determined by the city that repairs or disconnection is needed to a building sewer, a written notice may be issued by the Sewer Superintendent or the Director of Public Works/City Engineer to the building sewer owner.
(2) Written notice shall be issued by personal delivery, sending a copy of the notice by certified United States mail, or posting the notice in a conspicuous place upon the premises where the building sewer exists. Notice shall be addressed to the owner(s) of record of the property affected. Proof of notice shall be maintained in city sewer records.
(3) The notice shall contain a description of the work required to repair or disconnect the building sewer. The owner of the building sewer shall obtain applicable permits and inspections through the engineering office and repair or replace any damage to infrastructure as a result of the failed building sewer, damaged building sewer, building sewer needing disconnected, or work area utilized for performing such work including, but not limited to, utilities, streets, alleys, signs, traffic signals, driveways located in right-of-way or easements, and lawn or terrace areas.
(4) The notice shall contain a time frame when such repairs or disconnection shall be completed, which shall be not less than ten days, nor greater than 60 days, after the completed service of such notice. The time frame shall be determined on a case-by-case basis by the Sewer Superintendent or the Director of Public Works/City Engineer based upon the severity of and impact to the public with considerations given such as safety concerns, road closures, sidewalk closures, and the like.
(5) Failure by the building sewer owner(s) to make required repairs, may result in the city causing such repairs or disconnections to be made and assess the cost thereof against the property/building sewer owner.
(6) In cases, where a building sewer is shared jointly between multiple property owners and the repairs or disconnections were not made, the assessment shall be split equally between property owners.
(7) The costs accruing as a result of action taken under § 52.024(E) of this chapter shall be the actual costs to the city, including repair/discussion costs for outsourced work, established city equipment rates, city staff labor rates, and traffic control rental, as nearly as can be determined and shall be billed in one installment. If not paid to the City Clerk within 30-days thereafter, it shall accrue interest. Once 90 days past due, it shall be eligible to be certified to the County Treasurer with any additional established collection costs/administrative fees and shall then be collected with and in the same manner as general property taxes pursuant to I.C.A. Chapter 384.
(8) If it is determined that an emergency exists because of the damage caused by a failed building sewer, the city may perform any action which would be required under this subchapter without prior notice to the building sewer owner after written certification from a competent licensed professional engineer or licensed architect, which may be the City Engineer or other licensed professional not employed by the city. These costs shall be collected in the same manner as provided in § 52.024(E)(7).
(F) (1) A separate and independent building sewer shall be provided for every building.
(2) However, 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, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(G) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the city’s Sewer Department, to meet all requirements of this section.
(H) (1) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.
(2) 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.
(I) (1) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain that in turn is connected directly or indirectly to a public sanitary sewer.
(2) This includes sump pumps designed to pump surface runoff or ground water.
(J) The applicant for the building sewer permit shall notify the city’s Sewer Department when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Sewer Department Superintendent.
(K) All excavations for building sewer installation shall be adequately guarded with barricades and lights 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.
(2013 Code, § 28-45) (Ord. 14531, passed 3-25-1996; Ord. 15070, passed 7-24-2023) Penalty, see § 52.999