902.17 REPAIR OF SEWER LATERALS IN RIGHT OF WAY.
   (a)   A "qualifying residential property owner" (defined as a property owner who resides within a tax parcel on which is situated one single-family or one-, two-, or three-family residential structure located within the corporate boundaries of the City) who discovers a sewer lateral connecting his property to the City's main sewer line has broken down due to a structural failure in that portion of the sewer lateral located within the City's right-of-way may request that the City repair that portion of their sewer lateral located within the City's right-of-way at no charge to the property owner. Such request for repair of a broken down sewer lateral located within the City's right-of-way shall be made by written application to the City's Service Director on such application form as may be required by the City's Service Director within 30 days of discovering the break and shall be accompanied by a certification issued by a person registered under to this Section verifying that the subject lateral is broken down within the City's right-of-way. Upon receipt of a proper application for repair of a broken down sewer lateral located within the City's right-of-way, the City's Service Director shall commence an investigation to determine whether;
      (1)   The applicant is a proper person to request the sewer lateral repair described in this Section by meeting defined criteria as established by the City;
      (2)   The sewer lateral is in fact broken down within the City's right-of-way and located with paint or flag and depth measurements included; and
      (3)   That the break down in the sewer lateral is not the result of willful damaging by the property owner or a tenant of the property owner as evidenced by a detailed inspection report by a person registered under this section to verify that the subject lateral is broken down within the City's right-of-way.
   If the City's Service Director is able to confirm each of the above factors, the City's Service Director shall arrange to have the broken down sewer lateral within the City's right-of-way repaired provided that the repair falls within the defined scope of repairs covered by the City and shall not charge the property owner for such repair. Blockage due to grease, roots or any other obstructions of a sewer lateral which can be remedied by cleaning the sewer lateral does not constitute a breakdown of the sewer lateral. The City makes no warranties, either expressed or implied, regarding the repair of sewer laterals engaged in by the City pursuant to this section. The City's actions in repairing a sewer lateral in no way constitute an acceptance by the City of any liability related to the repairs except as explicitly defined by applicable law. The City's actions in repairing a sewer lateral in no way constitute an acceptance by the City of a dedication of the subject sewer lateral to the City.
 
   (b)   Persons requesting that the City repair a sewer lateral pursuant to this Section shall fully cooperate with the City and allow the City or a contractor employed by the City to enter onto the property attached to the subject sewer lateral for purposes of cleaning out the sewer lateral or for the purposes of making repairs to the subject sewer lateral and shall fulfill any additional responsibilities as defined by the City's Service Director. The City shall not be required to commence or complete any work on a sewer lateral when such full cooperation is not forthcoming.
 
   (c)   Persons wishing to register with the Service Director that sewer laterals are broken down within the City's right-of-way may file an application on a form to be provided by the Service Director. The applicant must meet qualifications defined by the City including but not limited to relevant experience and absence of conflicts of interest. If the Service Director determines that the applicant has not had a registration granted pursuant to this Section revoked within the previous three (3) years, the Director shall register the applicant. The Service Director may revoke any registration granted under this Section upon determining that the registrant, on at least three occasions during the preceding twelve (12) months, has inaccurately certified that a sewer lateral was broken down within the City's right-of-way or has violated any other terms and conditions of registration.
(Ord. 24-6. Passed 1-2-24.)