1040.10 DISCONNECTION OF DOWNSPOUTS FROM COMBINED AND SANITARY SEWER SYSTEMS; EXCEPTIONS; INSPECTIONS.
   (a)   Any residential, business, industrial, commercial or other structure, or building appurtenant thereto, which is located in any area of the City shall be subject to this section.
   (b)   In separate sanitary and storm sewer areas, that is, where sanitary waste is conveyed in one pipe and storm water is conveyed in another pipe, downspouts shall be disconnected so that the storm water does not flow directly into the sanitary sewer.
   (c)   In combined sewer areas, that is, where sanitary waste and storm water are conveyed in the same pipe, downspouts shall be disconnected so that the storm water does not flow directly into the combined sewer.
   (d)   In commercial districts, an owner may petition, in writing, to be exempted from the disconnection requirement provided for in this section. Upon the owner presenting a claim of physical or practical hardship, the City Engineer, after reviewing the petition, shall make a binding determination whether to allow the connection to remain in place or to confirm disconnecting the downspouts. The City Engineer's determination shall be in writing, and a copy of such determination shall be given to the Building Department and the owner. In the event of new construction, the City Engineer may allow the owner to connect to the combined sewer system. Approval for this connection must be in writing from the City Engineer and is subject to revocation if the City Engineer subsequently determines that a problem may exist. The applicant/owner, as part of the acceptance of the City Engineer's determination, shall agree that the applicant/owner or subsequent owner will disconnect from the combined system immediately, upon written notice by the City.
   (e)   Upon a showing of a practical or physical hardship by the owner of a residential property, the City may, in its sole discretion, vary the disconnection requirement provided for in this section or order an alternative method for the water runoff.
   (f)   No owner, lessee, possessor or occupier of any structure in the City shall cause, allow or permit storm water from such property to enter the building sewer of such property after receiving written notice, as provided herein, from either the Building Department or the City Engineer, to disconnect the downspouts to prevent storm water from directly entering the combined or sanitary sewer system.
   (g)   The Building Department or the City Engineer may give written notice to the owner, lessee, possessor or occupier of any structure in the City to disconnect any downspout from the drain system of any such structure in such a manner as to effectively prevent the direct entry of storm water from such structure into the City combined or sanitary sewer systems. The notice shall be given by first class mail to the last known address of either the owner, lessee, possessor or occupier, or, if the owner, lessee, possessor or occupier is not known, by posting such written notice on the premisses upon which the downspouts are to be disconnected. Such notice shall inform the recipient that all downspouts connected to the combined or sanitary sewer system must be disconnected within thirty days of the date of such notice.
   (h)   The City Engineer, the Superintendent of Public Works and/or the Director of Inspections and their agents or employees whose duty it is to enforce the laws and ordinances of the City, are hereby empowered to inspect all premises within the City at any reasonable hour of the day for the purpose of enforcing the provisions of this section. This inspection shall be for the purpose of determining that any and all provisions of this section are being complied with the owner, occupant or lessee.
(Ord. 514. Passed 6-17-92.)