(A) Definitions. When used in this section, the following terms shall have the following meanings:
(1) “APPLICANT.” Any person applying for a sanitary lateral clearance certificate.
(2) “PERSON.” Any individual, legal entity, partnership, business, corporation or company.
(3) “PROPERTY.” Any real property located within the boundaries of the city.
(4) “SANITARY LATERAL CLEARANCE CERTIFICATE.” The official certificate issued by the proper officers of the city stating that the sewer lateral is in satisfactory condition and there are no known illegal storm water inflow connections into the sewer lateral on the specific property which is being sold, transferred or changing water billing to a different person.
(5) “SANITARY SEWER SYSTEM.” Includes piping, lines, sewers, laterals and connections thereto, which transport wastewater within the city to a destination for wastewater treatment.
(6) “SEWER LATERAL.” Any pipe, line or sewer running across or through any real property and connecting to a pipe, line or sewer owned by any municipality or municipal authority, which has as its purpose the transport of wastewater for treatment.
(7) “STORM WATER.” Includes all storm water, rain water, surface water, ground water, roof run-off or subsurface drainage.
(B) Prohibition of storm water discharges into the sanitary sewer system.
(1) (a) It shall be unlawful for any person to discharge any storm water into the sanitary sewer system, or permit the inflow of storm water from any property owned by such person into the sanitary sewer system. Any discharge or inflow of storm water into the sanitary sewer system shall be deemed to have been permitted by the owner of the property upon which or within which such storm water enters the sanitary sewer system.
(b) No person who owns any property serviced and by the sanitary sewer system shall connect any sump pump, roof drain, foundation drain, or other surface water drain, or permit any such drains to remain connected, to the sanitary sewer system.
(2) Each violation of any of the provisions of this chapter shall be punishable by a fine of no less than $100 dollars, nor more than the statutory limit applicable to municipalities under the state code. Each day on which such violation occurs or exists shall constitute a separate violation of this chapter.
(C) Inspection by designated city officials.
(1) The city, by its elected or appointed officials, including the code enforcement officer and/or any Utility Department employee duly appointed by Resolution of Council, may undertake such inspection or tests as it deems necessary and appropriate to determine the condition of any sewer lateral. Any such inspection or test that requires a worker enter onto a user’s property may only take place after notice has been given, in writing, hand delivered or mailed to the address of the property in question, at least ten business days in advance. Tests or inspections shall be permitted only on weekdays, between the hours of 8:00 a.m. and 3:00 p.m., or by appointment.
(2) The owner of the affected property shall make all areas to be tested or inspected available to the designated inspectors.
(3) (a) If, in the sole opinion of the inspector, any illegal storm water inflow connections are found, or the sewer lateral is determined to be in unsatisfactory condition, the sewer lateral shall be repaired or replaced by the owner of the property, at the owner's expense. Such repairs or replacement must be commenced within 90 days of the date the city notifies the owner of the deficiency, in writing.
(b) 1. A sewer lateral cleanout is required for any inspection. Cleanouts shall be of such condition that allow the free and unobstructed entry of an inspection camera into the sanitary lateral in either direction. If the property has no existing usable cleanout, one must be installed prior to the inspection.
2. Cleanout specifications:
a. Must use Schedule 40 pipe and fittings;
b. Must be a two-way cleanout within 30 inches of the structure, with additional cleanouts for every 100 feet of lateral;
c. Fernco or other equivalent rubber boot couplings;
d. #11 or #8 gravel bedding around tap, repair areas, and anywhere the pipe extends above the bottom of the trench;
e. Minimum fall on pipe shall be ¼ inch per foot;
f. Taps into manholes must be grouted inside and out around laterals; and
g. All contractors must observe OSHA standards.
(4) The city shall re-inspect the property upon notice from the property owner that the deficiency has been repaired, or 120 days after the notice of the deficiency was first sent, whichever first occurs.
(5) If the owner of the property fails to make such repairs or replacement, within the times specified in this chapter, the city shall be authorized and permitted to make such repairs or replacements and to assess the owner of the property for the cost thereof, plus 10% for administrative costs. Such assessment shall be made in accordance with the Indiana Code, and shall constitute a lien against the property until paid.
(D) Mandatory inspection prior to sale or change in water billing.
(1) A sanitary lateral clearance certificate shall be required upon the sale or transfer of ownership or change in water billing.
(2) The city shall as a mandatory condition prior to the issuance of a sanitary lateral clearance certificate by the city, require a sanitary lateral inspection. The city Wastewater Department will perform the inspection at no cost to the property owner for the camera work. Alternatively, the applicant may contract a plumber or other qualified contractor to inspect and appropriately test for any illegal storm water inflow connections into the sewer lateral on the affected property and provide the results of the inspection and tests to the city on DVD or flash drive. All sewer laterals shall be televised over their entire length, unless the lateral was previously televised within the last five years and found to be in satisfactory condition. The plumber or other contractor performing such tests shall notify the city at least three business days in advance of performing the test, to give the city the opportunity to have a representative present during testing. The city representative/inspector is empowered to approve the test as performed, or to require additional testing.
(3) The plumber or other qualified contractor performing the tests shall certify the results in writing to the city. If the test results indicate any illegal storm water inflow connection to the sewer lateral, and/or if the sewer lateral is found to be in such condition that the inspector, in his or her sole discretion, deems it to be unsatisfactory, then the applicant shall not be given a certificate until such illegal connection is removed and/or the unsatisfactory condition has been remedied to the satisfaction of city officials.
(4) In the event a sewer lateral is found to be in an unsatisfactory condition, and/or improper connections are found, the owner will be sent a notice to repair the lateral or remedy the conditions within 90 days. In the event the applicant fails to remedy such unsatisfactory condition within 90 days, the city may, in its sole discretion:
(a) Disconnect the water supply; and
(b) Undertake such repairs or replacement of the sewer lateral as may be necessary to remedy the unsatisfactory situation or remove improper connections. The cost of such repairs to become a lein upon the property.
(Ord. 2017-03, passed 5-8-17; Am. Ord. 2017-15, passed 1-8-18; Am. Ord. 2018-04, passed 1-22-18)