(A) Purpose. The purpose of this section is to provide for operation and maintenance of the city sewer system in a reliable and serviceable condition, to eliminate or minimize sewage overflows by eliminating or minimizing stoppages and reducing sources of infiltration and inflow into the city sewer system, and to comply with applicable legal requirements pertaining to the city sewer system. The purpose is additionally for the safety of public health and the protection of the environment.
(B) Testing of new building sewers or sewer laterals. All new sewer laterals shall be tested by air, smoke and/or video inspection method. The method or methods used shall be at the discretion of the City of Tillamook. The test section shall be throughout the full length of the sewer lateral. The air, smoke, or video inspection tests of a new sewer lateral shall conform to all testing requirements established or utilized by the city in its discretion.
(C) Testing of existing sewer laterals.
(1) General. It shall be unlawful for any owner of a house, building, property, or other structure connected to the city sewer system to maintain a sewer lateral in a defective condition. As used in this section, DEFECTIVE CONDITION includes, but is not limited to (A) displaced joints, (B) root
intrusion, (C) substantial deterioration, (D) damaged or missing cleanout, (E) damaged or missing backwater overflow prevention device, (F) in a condition that will allow infiltration and inflow of extraneous water or exfiltration of sewage, (G) in a condition that materially increase the possibility of a blockage or overflow, (H) constructed without a proper permit or with materials not approved by the city, (I) lack of a manufactured connection to the city sewer system, (J) otherwise in violation of city requirements, or (K) in such a condition that the tests required by this section cannot be accomplished to the satisfaction of the city.
(2) Conditions requiring cleaning and testing of a sewer lateral. All sewer laterals connected to the city’s sewer system shall be cleaned and tested within 180 days, at the property owner’s expense, when any of the following events occur:
(a) The installation of additional plumbing facilities that produce a major increase in sewage flow from the house, building, property, or other structure served. A MAJOR INCREASE is defined as a 20% increase of water use averaged over the last 180 days.
(b) A change of use of the house, building, property, or other structure served from residential to business, commercial, or other non-residential, or from non-residential/non-restaurant/non-industrial to restaurant or industrial uses such as carwashes, cleaners, and laundries.
(c) Upon repair or replacement of a portion of the sewer lateral.
(d) Upon a determination of city that the cleaning, testing, repair, or replacement is required for the safety of public health and the protection of the environment.
(e) Upon a sale or other transfer of the house, building, property, or other structure served. If a current cleaning and inspection report is not on file with the city, the responsibility to provide a cleaning and inspection report for any property within 180 days of a sold or transferred property will fall to the current (new) owner of the property.
(f) When a sanitary sewer overflow occurs or other malfunction that threatens public health or property.
(3) Testing criteria for existing sewer laterals. The owner or an agent of the owner of the house, building, property, or other structure connected to the city’s sewer system shall notify the city at least three business days prior to testing so the city has the opportunity to witness the testing. All sewer laterals shall be tested by air, smoke, and/or video inspection method in accordance with all requirements imposed by the city. When cleaning and testing of an existing sewer lateral is required, the sewer lateral shall first be cleaned, and then tested via an internal video inspection for the full length of the sewer lateral. The internal video inspection shall be completed by a person and/or firm competent by experience to perform the work. Video recordings of the inspection shall be submitted to the city for verification of the condition of the sewer lateral.
(a) A sewer lateral will comply with the provisions of this chapter if video inspection verifies all of the following conditions as approved by the city:
1. The sewer lateral is free of roots, grease deposits, and other solids which may impede or obstruct the transmission of sewage.
2. There are no illicit or illegal connections to the sewer lateral such as roof or yard drainage facilities.
3. All joints in the sewer lateral are tight and sound to prevent the exfiltration of sewage and the infiltration of groundwater.
4. The sewer lateral is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.
5. The sewer lateral is equipped with a backflow protection device if required, and with a cleanout within five feet of right of way.
6. None of the other defective conditions exist.
(b) A video inspection shall be valid for a period of six months from the date of the video.
(4) Testing failure mitigation. When an existing sewer lateral fails to meet the criteria in division (C)(3) above, the property owner shall cause all repairs necessary to bring the sewer lateral into compliance to the satisfaction of the city or replace the sewer lateral in accordance with all city requirements. All sewer laterals that require repair will install a sewer cleanout at the curb or other point in the right-of-way outside of the travel areas or walkways. All costs of repair or replacement of the sewer lateral shall be borne by the property owner.
(5) Repair or replacement of sewer laterals upon sale or transfer of property. The repair or replacement of a sewer lateral that results from the testing required as a result of the sale or transfer of property in a non-probate transaction shall be completed within 180 days of the close of escrow of the sale or, if there is no escrow, within 180 days of recording the deed or other document transferring title. For properties sold or transferred in a probate or other testamentary proceeding, pursuant to the terms of a revocable living trust or similar instrument, or pursuant to the termination of a joint tenancy or similar proceeding, any repair or replacement of a sewer lateral shall be completed within 180 days after the probate sale or other transfer. Sewer repair or replacement in the city right-of-way shall only be performed by a city-approved licensed and bonded contractor.
(6) Hardship deferrals for sewer lateral repair or replacement. In the event that the property owner establishes to the satisfaction of the city that repair or replacement of a sewer lateral in a non-probate sale will result in undue hardship inconsistent with the purpose or intent of this chapter, a request for hardship status may be submitted to the City Manager. The City Manager shall make a hardship finding only if the requesting property owner presents facts that clearly demonstrate, in the City Manager’s sole discretion, that the property owner’s payment for and completion of a sewer lateral repair or replacement at the required time would result in an undue hardship. If hardship status is granted, the property owner shall have up to 180 additional days from the original 180 days to repair or replace the sewer lateral.
(a) For purposes of this section, UNDUE HARDSHIP shall be defined as (1) the severe illness or incapacitation of the property owner; (2) the immediate transfer or removal of the property owner from the state, thereby making the hiring of a contractor to repair or replace the sewer lateral impractical or overly burdensome; or (3) any physical or financial situation that would render compliance with the time limits for the repair or replacement of the sewer lateral extraordinarily difficult or impractical. The property owner shall bear the burden of submitting documentation and proving the existence of such a bona fide hardship to the satisfaction of the City Manager.
(b) Any property owner to whom a hardship finding is granted shall be given written notice of the finding. Said notice shall inform the property owner that the sewer lateral repair or replacement requirement is only deferred up to 180 additional days from the original 180 days. The requirement shall not be waived entirely. A copy of the notice shall be sent to the property owner.
(c) In the event of a failure to comply within the allotted time, the city may bring an enforcement action and exercise any other remedy provided by the city applicable law against the property owner and any other responsible party. In addition thereto, any property owner who fails to fully comply shall be responsible for all damages that arise from or relate to such failure. For purposes of this section, DAMAGES include all compensatory damages, fines, penalties, assessments, and other monetary exactions that may be awarded to, levied or assessed by any person, firm, corporation, company or public entity.
(7) Extension of time for sewer lateral repairs and replacements. A property owner may request that an extension of time be granted for repairs or replacements that are required as a result of testing associated with the sale or transfer of property in a non-probate transaction. Extension requests shall be in writing and must include at the time of the extension request the name and contact information of the party responsible for accomplishing the repair or replacement of the sewer lateral. The city will review the request and may grant a time extension of up to, but not more than, 180 days on the subject property.
(8) Common interest developments. The owners of a common interest development shall provide video inspection verification of all privately owned sewer laterals within the common interest areas at least once every ten years for duties and obligation imposed by this Municipal Code in relation to any sewer lateral located within a common area of the development. The individual unit owners shall be liable for the duties and obligations with respect to sewer laterals established by the city.
(D) Sewer lateral compliance. The city shall review the final submitted video for compliance. When all conditions are met to the satisfaction of the city, as verified by the video inspection, the sewer lateral shall be deemed in compliance with the provisions of the code.
(E) Appeal of sewer lateral notification of failure. A person aggrieved by a decision or requirement to replace or repair a sewer lateral may appeal to the City Manager. To submit an appeal, the person must first have an air pressure test (the best industry standard test available) performed on the sewer lateral and the results submitted with the appeal to the City Manager.
(Ord. 101623, passed 11-6-2023) Penalty, see § 52.999