No public sewer, side sewer, building sewer or other sewerage facility shall be installed, altered or repaired within the city until a permit for the work has been obtained from the city and all fees paid in accordance with the requirements of this section.
A. Permit Requirements Generally:
1. Permit Required: No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the city.
2. Application For Permit: Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the city for that purpose. Said person shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The superintendent may require plans, specifications or drawings and such other information as he may deem necessary.
3. Issuance Of Permit: If the superintendent determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with the ordinances, rules, and regulations of the city, he shall issue the permit applied for upon payment of the required fees as hereinafter fixed.
4. Bond Required: Prior to the issuance of a permit for public sewer construction, the applicant shall furnish to the city a faithful performance bond or cash in the amount of the total estimated cost of the work; said bond to be secured by a surety or sureties satisfactory to the city. The cash deposit or faithful performance bond shall be conditioned upon the performance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replacement of defective materials for a period of two (2) years after the date of acceptance of the work.
5. Compliance With Permit: After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials, or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the city, the superintendent or other authorized representatives.
6. Agreement: The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this chapter and other ordinances, rules and regulations of the city, and with the plans and specifications he has filed with his application, if any, together with such corrections or modifications as may be made or permitted by the city, if any. Such agreement shall be binding upon the applicant and may be altered only by the city upon the written request for the alteration from the applicant.
B. Street Excavation Permit: A separate permit must be secured from the county or any other person having jurisdiction thereover by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. (Ord. 63, 5-6-1975)
C. Deposits:
1. Construction Of Sewer Mains And Laterals: A deposit of four percent (4%) of the estimated construction cost shall be deposited with the city for reviewing plans and specifications, issuing a permit and inspecting the construction of sewer mains and laterals. Said deposit shall be made prior to the issuance of a permit. The actual cost thereof shall be deducted from the deposit, and the difference, if any, shall be refunded to the depositor. If the actual cost exceeds the amount deposited, the depositor shall forthwith pay the amount of said excess upon receipt of a statement therefor. (Ord. 63, 5-6-1975; amd. 2008 Code)
2. Lateral Sewer Repair: The owner or occupant of any premises requiring repair or maintenance work on a lateral sewer shall notify the city or be notified by the city of the need for such work. Such owner or occupant shall deposit with the city, prior to commencement of work by the city, an amount equal to the cost of such work as estimated by the Superintendent. The cost of the work shall be deducted from the deposit, and the difference, if any, shall be refunded to the depositor. If the cost of the work exceeds the amount deposited, the owner or occupant shall forthwith pay the amount of said excess upon receipt of a statement therefor.
3. Annexations 2 : The owner or owners of lands within areas proposed to be annexed to the City and proposed to be connected to the sewage works shall deposit with the Superintendent a sum to be fixed by the Superintendent, prior to commencement of proceedings by the Council on the proposed annexation. The amount to be fixed by the Superintendent shall be in a sum estimated to equal the engineering, legal and publication costs and all other charges which may be incurred by the City in preparing and examining maps, legal descriptions, and other documents in relation thereto, and other expenses regularly incurred in connection therewith. Should the amount of the deposit exceed the costs incurred by the City, the excess shall be refunded to the owner or owners following the conclusion of the final hearing on the proposed annexation. Should the amount of the deposit be insufficient to pay such costs incurred by the City, the owner or owners shall advance such additional sums as shall be necessary to pay said costs prior to the final hearing on the proposed annexation. (Ord. 63, 5-6-1975)
D. Connection Charges: In addition to any other charges established by the ordinances, rules and regulations of the City, prior to connection to the sanitary sewage system of the City, the owner shall be required to pay a service connection fee. The amount of the service connection fee shall be in accordance with the rate schedule adopted by resolution of the City Council. A copy of current sewer service connection fees for various connections will be on file in the Office of the Public Works Superintendent. (Ord. 216, 7-9-2007)
E. Disposition Of Funds: All fees collected on behalf of the City shall be deposited with the proper authority provided by the City to receive such funds.
F. Time Limit On Permits: If work under a permit is not commenced within six (6) months from the date of issuance or if, after partial completion, the work is discontinued for a period of one year, the permit shall thereupon become void, and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon the issuance of said new permit.
G. Liability Of Owner; Nonliability Of City:
1. All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued 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 work.
2. The City and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall save the City and its officers, agents and employees harmless from any liability imposed by law upon the City or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. The applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. (Ord. 63, 5-6-1975; amd. 2008 Code)
Notes
| 1 | 1. See also article A of this chapter for service charges. |
| 2 |