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Every owner of a building or part thereof occupied by people for any purpose, during any part of the day or night, where a main or lateral sewer of the city sewer system is laid and maintained within 175 feet of the building and in such part of a street or alley as lies immediately adjacent to the lot, lots, parcel of land or premises on which such building or part of building is located, shall put up within such building or part of building, or upon the premises where the building or part of building is situated, a water closet or a privy, and have the water closet or privy connected with the city sewer system. Every such privy or closet shall be supplied with water and with a flush tank adequate to properly flush such privy or closet.
(1998 Code, § 122-33)
(A) In cases of undivided land, where there is no main or lateral sewer of the city sewer system within the distance provided by § 51.03 of this chapter, no building shall be constructed thereon unless the tract contains at least two acres of land and has a width of at least 200 feet measured at the front building line.
(B) The City Commission may authorize a variance from the two-acre or 200-foot width requirements for on-site sanitary sewer facilities when, its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required in this section, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside at the proposed location and the probable effect of the variance upon the public health, safety, convenience and welfare in the vicinity. The Planning Board shall first review the request for a variance and make a written recommendation to the City Commission. No variance shall be granted unless the Commission finds:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(3) The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area;
(4) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter;
(5) The County Health District approves the on-site sanitary sewer facilities;
(6) Applicant agrees that, if platting is required by state law or city ordinance, any granting of a variance is conditional on the property being platted, approved by the city and recorded in the County Deed Records;
(7) Applicant has paid all property taxes;
(8) The property is in excess of one acre of undeveloped land area, excluding water bodies (ponds, lakes, streams and the like); and
(9) One of the following guidelines applies:
(a) The subject property perimeter is bounded by undevelopable property which if it were combined with the subject property would cause it to exceed the ordinance requirement. Undevelopable property includes natural bodies of water, highway, railway or other right-of-way, or other properties of the land that substantially prevent the property from being developed by any property owner; or
(b) Other factors (other than economic hardship) exist that would prohibit the applicant from purchasing enough additional property to meet the section requirements.
(C) (1) The findings of the City Commission, together with the specific facts upon which the findings are based, shall be incorporated into the official minutes of the Commission meeting at which the variance is granted.
(2) Variances may be granted only when in harmony with the general purpose and intent of the city code, so that the public health, safety and welfare may be secured and substantial justice done.
(3) Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(1998 Code, § 122-34) (Ord. 01-08, passed 3-21-2001) Penalty, see § 51.99
It shall be unlawful for any person, whether as owner, as agent of the owner, or as a lessee, tenant, proprietor or occupant, of any building or part of building coming within the provisions of § 51.03 of this chapter, to construct, use or maintain, or permit to be constructed, used or maintained, upon the lot, parcel of land or premises upon which the building or part of building is located, any privy, water closet, urinal, slop drain, bathtub drain, shower/bath drain, wastewater drain or other receptacle whatever, used or to be used for the purpose of receiving and discharging sewage matter or slop of any kind, unless such receptacle shall be connected with the city sewer system and be kept and maintained in proper working condition.
(1998 Code, § 122-35) Penalty, see § 51.99
It shall be unlawful for any person, as owner, agent of the owner, lessee, tenant, proprietor or occupant of any building, or part of building, or of any lot, lots, parcel of land or premises coming within the provisions of this chapter, to construct, use or maintain or permit to be constructed, used or maintained on such lot, parcel of land or premises any cesspool, septic toilet, septic tank or pit toilet. No cesspool, septic toilet, septic tank or privy vault shall be connected with the city sewer system.
(1998 Code, § 122-36) Penalty, see § 51.99
Every house sewer from a point two feet outside the house to the street or alley shall be of standard vitrified clay sewer pipe not less than four inches in diameter unless laid less than 12 inches deep, in which event it shall be of standard cast iron sewer pipe or PVC schedule 40 not less than four inches in diameter. Each house or building must have a separate house sewer connecting the house or building directly with the city sewer system. When a house or building is constructed as a two- or more family unit, the sewer pipe shall be not less than six inches in diameter.
(1998 Code, § 122-37) Penalty, see § 51.99
A private garage building, not used or occupied, and not constructed or designed to be used or occupied wholly or partly as a dwelling house or place of residence, may be connected with a house sewer draining a residence or dwelling house owned by the same person and located on the same lot or premises as the private garage building.
(1998 Code, § 122-38)
It shall be unlawful for any person to throw or deposit, or to cause to be thrown or deposited, in any vessel or receptacle connected with the sanitary sewer system of the city, any garbage, rags, cotton, newspaper, refuse or other matter whatsoever except feces, urine, toilet paper, liquid slops and cleansing or disinfecting powder or liquid.
(1998 Code, § 122-39) Penalty, see § 51.99
The owner of every building connected with and drained by the sanitary sewer system of the city shall be liable to the city for, and the city shall have the right to collect from the owner, all expenses incurred by the city in opening, cleaning out and repairing any sewer line of the city that may become clogged or obstructed as a result of the violation of the provisions of this chapter by the owner or occupant of the building.
(1998 Code, § 122-40)
It shall be unlawful for the owner of any real property, or the tenant, lessee or any other occupant of real property, to cause or allow the discharge of storm water, ground water, roof runoff, foundation drainage and other subsurface drainage into the sanitary sewerage system.
(1998 Code, § 122-41) Penalty, see § 51.99
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