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(A) The construction, building, remodeling or replacement of any sewers, drains or streets within the corporate boundaries of the city shall conform with the standards and specifications adopted by the city by passage of Ordinance 18 of 1974, as the standards are amended from time to time.
(B) The provisions of the Ordinance are hereby adopted by reference and made part of this code the same as if set forth in full herein.
(1) Any discharge from a surface or subsurface drain, including, but not limited to, clear water sump pumps, footing drains, downspout drains or similar drains as determined by the Office of the City Engineer or the City Board of Public Works and Safety, shall not occur closer than ten feet from any public street right-of-way line without the approval of the Board, except for those drains and similar discharges specifically exempted by this subchapter.
(2) The following are exempted from the discharge limitations of subsection (1) above:
(a) Drains installed pursuant to specific approval through the city site review and permit process;
(b) Drains from improvements located in the C3 general commercial or C4 central business zones, as defined in the City Zoning Ordinance, except that the drains from improvements in these zones shall conform to the requirements of the Site Review Committee and/or the City Engineer; or
(c) Certain roadside locations where a ditch or swale exists or is to be constructed to carry runoff from the site and the roadway, except that the City Engineer must determine in writing that the installation will not cause harm to sidewalks or road pavements.
(3) Owners of properties where the strict enforcement of this subchapter will cause hardships such as basement seepage or other similar conditions may petition for a review of the situation by the Site Review Committee. The Committee, after reviewing the circumstances and hearing the petitioner may, at its discretion, grant a full or partial waiver from the terms of this subchapter. Any waiver granted under this division shall be issued in writing by the City Engineer.
(4) This subchapter shall be retroactive and shall cover drain installations that predate this subchapter.
(5) Owners of drains that exist at the time of this subchapter and that violate the conditions of this subchapter shall be allowed 30 days from the date of written notice received from the City Engineer to cause their drain or drains to conform with the requirements of this subchapter and shall be exempt from any penalty during that period. If after the 30-day period the drain is not in compliance with this subchapter, enforcement may proceed as follows:
(a) The Building Commissioner may refuse to issue a certificate of occupancy for the site in question;
(b) The Building Commissioner may refuse to issue building permits for other projects for which the violating owner has applied until the necessary corrections are made; and/or
(c) The Board may pursue judicial relief against any person who continues the violation beyond the 30-day correction period stipulated in subsection (5) above, and upon conviction thereof shall be fined for each violation. Each day in which the violation shall continue may be deemed a separate offense.
(6) Any person violating any of the provisions of this subchapter shall be liable to the city for any expense, loss or damage occasioned by the city by reason of the violation.
(7) The conditions of this subchapter shall in no way be construed to allow direct or indirect connections from the sources listed in subsection (1) above to the sanitary sewer system of the city.
(8) Any person aggrieved by the conditions of this subchapter may appeal to the Board of Public Works and Safety for relief from the conditions.
(‘89 Code, § 90.01) (Am. Ord. passed 6-10-96)