§ 50.09 CONDITIONS OF SERVICE.
   (A)   Expenses of village, customer.
      (1)   The village shall install at its expense, that portion of the service from the main to the lot or easement line. The customer shall install and maintain as his or her or her expense that portion of the service from said lot or easement line to his or her or her premises. The service from the main to the lot or easement line shall be maintained by the customer it serves except when it is determined that the need for repair is caused by activities occurring in the right-of-way not under control of the customer, such as the intrusion of roots from plantings in the street right-of-way, construction activities in the right-of-way that cause damage to the service, or flaws in the original construction of the service from the main to the lot or easement line.
      (2)   When a problem with a service has been reported, the village shall investigate the cause of the service problem. When necessary, such investigation may include excavating the service to determine the cause and location of the problem. The village, if the investigation reveals that the need for maintenance or repair is in the main line or the service between the main and the lot or easement line, shall make the necessary repairs and the cost of such repairs shall be initially paid for by the village. If it is determined that the needed maintenance or repair is between the lot or easement line and the customer’s premises, or that the repair is needed between the main and the lot or easement line and was not necessitated by one of the causes for which the village is responsible, any costs or charges incurred by the village for said excavation, investigation, and/or repair shall be billed to the customer and placed on the next service bill sent to said customer.
      (3)   In the event, that the charge is not promptly paid by the customer, the charge may be collected in accordance with the procedures established by state law for collecting water and sewer service charges. The size and slope of the building sewer shall be subject to the approval of the village, but in no event shall the diameter be less than four inches. Whenever the repair necessitates replacement of all or a portion of the service from the main to the lot or easement line, a clean out shall be installed at the lot or easement line. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.
   (B)   Cancelling applications; discontinuing service. Applications may be cancelled and/or sewer service discontinued by the village for any violation of any rule, regulation, or condition of service and for any of the following reasons:
      (1)   Misrepresentation in the application as to the property or fixtures to be serviced by the sanitary sewer system;
      (2)   Nonpayment of bills as provided in Rate Ord. 16 (94-4); or
      (3)   Improper service pipes and fixtures or failure to keep the same in a suitable state of repair.
   (C)   Interruptions of service. The village shall make all reasonable efforts to eliminate interruption of service, and when such interruption occurs, will endeavor to establish service with the shortest possible delay. Whenever service is interrupted for purpose of working on the collection system or the treatment equipment, all consumers affected by such interruption shall be notified in advance whenever it is possible to do so.
   (D)   Indemnification of village. The village shall, in no event, be held responsible for claim made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.
   (E)   Inspection. The premises receiving public sanitary sewer service shall, at all reasonable hours, be subject to inspection by duly authorized personnel of the village.
   (F)   Special conditions. Special terms and conditions may be made where public sewer service is used by the village or community for public purposes.
   (G)   Effective date. This subchapter shall be in full force and effect upon its publication.
(2005 Code, § 171.009) (Ord. passed 8-18-1975; Ord. 00-3, passed 5-5-2000)