(a) Authority to Establish and Maintain a Sewage System. For state law as to authority of the City to establish and maintain a sewer system and sewage treatment and disposal system and to acquire property necessary therefor see West Virginia Code 16-13-1, 16-13-7 and 16-13-22. As to authority of the City to make low cost improvements, including the construction, renewing and preparing of storm, sanitary and combined sewers, see West Virginia Code 16-13-1. As to authority of the City to levy assessments for sewer improvements, and to regulate sewer connections, see West Virginia Code 16-13-16. As to cities, see West Virginia Code 16-13-1 et seq. As to extraterritorial jurisdiction of the City for purposes of this article, see West Virginia Code 16-13-1, 16-13-7 and 16-13-22. As to the requirement that this method of drainage and system for excreta disposal conforms to plans, specifications and instructions of the State Department of Health, see West Virginia Code 16-1-9.
(b) Declaration of Necessity. The use of the sewer system of the City is determined and declared to be essential for the protection and preservation of the public health, comfort, safety, economy and general welfare of the inhabitants of the City and of the area served thereby.
The owner, tenant or occupant of premises which abut on a street, easement or other public way containing a sewer service or which, in the judgment of Council, is located within such a distance thereof that sewer service is reasonably available thereto and upon which premises a building or other inhabitable structure has been or shall be erected for residential, commercial or industrial use, or where persons are employed or congregate or are intended to be employed or congregate, shall be required to connect the building or structure to the sewer system or to such part of the sewer system as may from time to time be extended or become reasonably available, and shall thereafter refrain from using or cease to use any other method in place of the sewer services which are now, or may hereafter become, available; and shall thereafter pay all the charges, rates or fees as herein, or may hereafter be, provided for. All such connections shall be in accordance with the rules and regulations which shall be adopted from time to time by Council and such rules and regulations may provide for reasonable charges, fees or deposits required for making such connections.
For provisions as to the authority of the City to compel owners, etc., of property abutting on or near the street in which a public sewer is laid and upon which any building, etc., is erected, to connect such property to the sewer; see West Virginia Code 16-13-16.
(c) Application for Sewer Service Required. No person, including public bodies as well as natural persons shall make an initial cut-in or connection with the City sewer system and use that system without first making written application for such connection and service to Council and paying all costs, charges, fees and deposits incident thereto. Such application shall be made on forms prescribed and furnished by Council and shall constitute an agreement by the applicant with the City to abide by all provisions of this article and such applicable rules and regulations of Council in regard to the use of the sewer system. Such application for service by firms, partnerships, associations and corporations shall be submitted only by their duly authorized agent, and the official title of such agent shall be signed to the application.
The application shall grant or cause to be granted to the City, without cost, all rights, easements, permits and privileges which are necessary for the rendering of sewer service. Duly authorized employees of Council shall have access at all reasonable hours to the premises of the applicant for the purpose of installing or removing any of its property, examining pipes or fixtures, or for any purpose incidental to the rendering of sewer service.
(d) Permit for Connection; Tapping Charge. No person, whether property owner, drainlayer or otherwise, shall connect with or tap a City sewer, either directly or indirectly, without first having a permit from Council and having paid the tapping or maintenance charge fixed by law. In all cases, the tapping and maintenance charges for tapping a City sewer shall be as specified from time to time by Council in an appropriate schedule, which shall be maintained on file in the office of the City; and until such a schedule is prescribed by Council pursuant to the foregoing provisions of this section, the tapping and maintenance charges for City sewers shall be those in effect immediately prior to the effective date of this section.
(12-7-09)