(A) (1) All pertinent provisions of this chapter shall govern the terms and conditions of the contracts under which the town furnishes sewer service to any person, or whereby the town makes any sewer connections or performs any work of any kind in connection with the furnishing of sewer service.
(2) These provisions in this chapter shall be a part of each and every utility contract receiving services from the town. Payment for utility services within 30 days from mailing or sending of the bill for such services is required for each utility customer and account. Failure to do so is a breach of the utility contract and may result in the termination of services.
(B) The town seeks to maintain a consistent and efficient sewer system throughout its jurisdiction. In so doing it will require new portions of its systems and extensions to be based on a gravity sewer system wherever possible. Only with the specific approval of the Board of Aldermen, after considering a recommendation from the Town Engineer, will a system other than gravity, such as a pressure system, be allowed to connect to the town’s sewer system. Such an approval should be based on special circumstances that make installation of a gravity system not feasible and cost prohibitive. Relevant factors for the Board of Aldermen to consider in approval of a non-gravity sewer system include but are not limited to: size of the project, future impact on the entire sewer system, expected growth in the surrounding service area, topography, maintenance of the on- and off-site sewer infrastructure, cost and general maintenance of the proposed system. Mere inconvenience and higher cost alone are insufficient reasons to allow a non-gravity system.
(C) If a non-gravity sewer system is approved for a new development, or expansion of an existing development, by the Board of Aldermen after January 1, 2006, then the individual property owners and home or property owners’ association for the development shall be responsible for the costs of maintenance, upkeep, replacement, service and all related costs for the pumps, infrastructure and lines located on the property of the individual homeowner. This responsibility of the individual property owners and home or property owners’ association shall be included in the development’s association bylaws, covenants, conditions and/or noted on the final plat. Failure to note such language on the bylaws, covenants, conditions or plat shall not invalidate this requirement.
(D) For a fee scheduled by the town, the town shall issue permits to allow the property owner, at his or her own cost, to repair, replace or maintain the individual sewer pumps, lines and other sewer infrastructure located on the owner’s property. The town shall specify and direct the type of pumps and lines that may be used by the property owner in order to repair, replace or maintain his or her sewer system. Unless approved by the town and under authority of a permit, no work may be conducted on the property owner’s individual sewer pump or lines. All such work must be completed by a licensed plumber and, upon completion of the work, inspected and approved by the town.
(E) The town shall have no responsibility for the cost of making repairs, replacements or maintaining the individual pumps and lines serving residential structures using a non-gravity sewer system in a new development, or expansion of an existing development, approved by the town after January 1, 2006. The property owners connecting to non-gravity systems shall have no right of recourse or remedy against the town for the cost of repairs, replacements or maintenance to their individual pumps or lines located on their property. If the town makes any repairs or replacements or performs any maintenance to individual sewer pumps, lines or related infrastructure, it shall have the right to add the costs to the utility bill of the individual owner in a manner that must be paid first before other monies received will be credited to basic water and sewer service. Failure to pay this bill or bills by the individual owner will result in the disconnection of utility services from the town. The town reserves the right to file a lien or liens against any property or properties receiving utility services that have a delinquent account(s) thereon in the same manner as the filing of a tax lien in the state and all other additional rights and remedies allowed under state law.
(1994 Code, § 52.30) (Ord. passed 2-3-1982; Ord. 07-38, passed 11-6-2007)