§ 93.05 DRAINS/SUMP PUMPS THAT DISCHARGE IN THE STREET.
   (A)   Any residential person, corporation, agency, or other property owner having title to property (“property owner”) which has a down spout or sump pump line which discharges or will discharge storm water onto a city-owned street, may submit an application to the City Administrator for permission to tap in the down spout or sump pump into the city-owned pipe system running under the street.
   (B)   Upon receipt of the application, the City Administrator shall cause the Public Works Director to review the application and the site to determine if the applicant meets the necessary eligibility criteria. The City Administrator shall issue the permit upon the recommendation of the Public Works Director or his or her designee.
   (C)   Prior to granting a request for a tap in, the City Administrator shall require that the applicant enter into an agreement and release of claims against the city which at a minimum shall provide as follows:
      (1)   Property owner shall be responsible for all construction costs and fees to extend the down spout or sump pump lines to the city’s pipe.
      (2)   Property owners must use all materials and pipes as specified by the city.
      (3)   Property owner must agree to reimburse the city for any damage done to the city’s pipe(s), property, or right-of-way(s), or to neighboring properties, caused by property owner’s tap in.
      (4)   Property owner shall be solely responsible for the cost, repair, and restoration of property owner's property as well as the berm adjacent to their property.
      (5)   Property owner shall pay a one-time fee to the city as determined by the City Administrator as a tap-in fee, which shall be paid at the time of the application.
      (6)   In the event that the city’s drainage system becomes backed up, clogged, or overwhelmed due to either a faulty tap-in, or multiple tap-ins, the city may at its option require that the property owner remove the tap-in at the property owner’s cost, or alternatively, the city may remove the tap-in and charge the costs and fees for the removal to the property owner.
      (7)   Property owners agree that they are solely responsible for all storm water drainage on their property; for all sump pump operations discharging on or from their property; and all non-public or non-city owned storm water infrastructure on the property owned by property owners.
      (8)   Under no circumstance shall property owners allow or cause water with contaminates, including but not limited to, detergents, pesticides, sewage, waste, or any other chemicals or pollutants, to drain into the city-owned pipes. In the event such occurs, the city may at its option, immediately terminate any tap in and at its option, invoice the property owner for the full cost of remediation and repairs.
      (9)   Property owners must install and maintain a backflow preventer valve on any sump pump line located on the property that feeds into the city-owned underground pipe system.
      (10)   Property owners shall grant the city and its designees access to the property for the purposes of investigating, inspecting, repairing and completing the tap in.
(Am. Ord. 2022-7, passed 8-17-2022)