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Warren, OH Codified Ordinances
CODIFIED ORDINANCES OF THE CITY OF WARREN, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
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   923.05 SEPTIC TANK REQUIREMENTS.
   No person, owner, agent, lessee, tenant or occupant of any lot, land or parcel of land or building thereon located within the City shall establish or construct a privy, septic tank, cesspool or other receptacle for sewage or excreta or a connection to a private sewer, ditch or other outlet without first obtaining a permit to do so, as issued by the City Health Department.
(Ord. 9865/87. Passed 12-9-87.)
   923.06 MANDATORY CONNECTION TO SANITARY SEWER.
   When a public sewer, water main or other water supply is available or is hereafter made available, a connection to such public sewer shall be established and constructed. The cost of such construction including any permit fees as set forth in Sections 923.01 and 923.015 , and any other ordinances now in effect or which may take effect in the future, shall be paid by such person, owner, agent, lessee, tenant or occupant.
   Failure to make the connection within ninety days' notification by the City Engineer shall result in a penalty of one hundred dollars ($100.00).
   A separate offense shall be deemed to have been committed for each period of twenty-four hours that such violation continues after a period of thirty days following the original conviction.
(Ord. 9865/87. Passed 12-9-87.)
   923.07 CLEAN WATER DRAIN CONNECTIONS PROHIBITED.
   (a)    The practice of connecting downspouts or garage or driveway drains, and specifically sunken driveway drains or other surface drains to the sanitary sewer system is prohibited. Broken or leaking service connections on laterals are likewise prohibited. Where such connections now exist, the practice shall be stopped. The City Engineer is authorized and directed to investigate all conditions where such connections exist or are reported to exist.
   Where such connections are found to exist, the City Engineer shall order them removed or eliminated or repaired on or before ninety days after the date of such order. The abandoned section of the connection shall be permanently sealed to the satisfaction of the City Engineer.
(Ord. 9437/84. Passed 3-28-84.)
   (b)    The order shall be made against and served personally or by certified mail upon the owner, operator, manager, lessee, agent or occupant of the building or premises which such connection serves. If no such person can be found upon whom the order can be served, it shall be sufficient notice to post copies of the order at two conspicuous places upon the building or premises.
   (c)    If such connections are not removed or eliminated within the ninety-day period prescribed in such order, the City Engineer is authorized to charge double the rate shown in Section 925.03 (b) until such connection has been removed or eliminated. If the illegal connection is not removed within ninety days after notification, then the City Engineer is authorized to charge triple the rate shown in Section 925.03 (b). If the illegal connection is still not removed within ninety days after the triple notification, the City Engineer is hereby authorized to disconnect the illegal connection from the City's sanitary sewer system, in accordance with Section 923.12 , or have the same corrected and charged to the Sewerage Mortgage Capital Improvement Fund. The property owner shall then be billed for all assessed costs incurred for the same, with the funds collected being reimbursed to the Sewerage Mortgage Capital Improvement Fund.
   Should the City Engineer cause to disconnect the sewer lateral from the City's sanitary sewer system, such disconnection shall be performed within the street right of way or public easement. It shall then be the responsibility of the property owner to reconnect to the City's sanitary sewer system and pay the appropriate fees, in accordance with Section 923.015 upon the correction of the cited violation.
   (d)    In the event a building is to be demolished or physically removed from its original site, the sanitary sewer building lateral shall be permanently sealed with concrete to the satisfaction and inspection of the City Engineer, prior to demolition or removal. All persons desiring to demolish or remove a building shall first obtain a permit to seal the lateral, as described herein, from the City Engineer. There shall be no charge for the permit, however, there shall be a twenty-five dollar ($25.00) inspection fee and the permit holder shall accompany the City Inspector at the time of inspection.
   (e)    No person shall discharge into the building sewer the surface water that collects in the basement or foundation excavations. If the building sewer is connected before the plumbing is to be connected, the sewer builder shall provide and seal a plug in the end of the building sewer, or if the sewer has been extended into the basement and decreased in size a plug of proper size shall be sealed in the end until such time as the plumber is ready to connect the plumbing to the building sewer. Any surface water accumulation shall be pumped on the ground outside the building foundation.
   (f)    From and after the effective date of this section, no person, firm or corporation shall, in constructing a new building or correcting a problem, cause or permit footer drains or foundation drains to be connected directly or indirectly into a sanitary sewer.
(Ord. 9137/81. Passed 11-30-81.)
   (g)   The practice of repairing existing footer drains without removing their outflow discharge from the sanitary sewer building lateral is prohibited. When such repairs are made, the existing footer connection shall be removed from the lateral and properly discharged to a clean stormwater outlet, that is storm sewer, inlet, catch basin, road ditch or downspout opening at the curb. The practice of connecting sump pumps, or other mechanical means, to the downspout opening at the curb is prohibited. Any such existing connection creating a public nuisance shall be ordered removed and permanently eliminated at no cost to the City. If such outfall cannot be accomplished by gravity flow, then a form of sump pump shall be installed to discharge clean water as stated herein.
   All corrective work to the sanitary sewer service lateral as described herein shall include an exterior clean out within five feet of the foundation. The clean out shall be constructed to the satisfaction of the Director of Engineering, Planning and Building or his designated appointee. The clean out shall be constructed of the same materials as the sanitary sewer service lateral and shall have a removable watertight plug to prevent the infiltration of clean water. The clean out shall be of such design to allow sewer cleaning equipment access to the sanitary sewer service lateral, outside of the structure serviced by same.
(Ord. 11614/02. Passed 10-23-02.)
   (h)   The practice of installing basement waterproofing systems that connect to the existing footer system, that in turn connects to the sanitary sewer building lateral is prohibited. When such systems are installed, they shall discharge to a clean water outlet, as described in subsection (g) hereof.
   All corrective work to the sanitary sewer lateral as described herein shall include an exterior clean out within five feet of the foundation. The clean out shall be constructed to the satisfaction of the Director of Engineering, Planning and Building, or his designated appointee. The clean out shall be constructed of the same materials as the sanitary sewer service lateral and shall have a removable watertight plug to prevent the infiltration of clean water. The clean out shall be of such design to allow sewer cleaning equipment access to the sanitary sewer service lateral, outside of the structure serviced by same.
(Ord. 10999/97. Passed 2-12-97.)
   (i)   No person, in regard to subsections (g) and (h) hereof shall perform any work or connection on a building’s footer drain or sanitary sewer building lateral without first obtaining a permit to do so by the City Engineer. Permits shall be issued only to licensed sewer builders, licensed plumbers or the property owner, if they are to perform the work themselves. There shall be no charge for the permit or inspection thereof.
   (j)   Whoever violates subsection (g), (h) or (i) hereof shall be subject to the charges as described in subsections (a), (b) and (c) hereof.
(Ord. 9865/87. Passed 12-9-87.)
   923.08 SANITARY SEWER SERVICE OUTSIDE CITY.
   (a)   Unincorporated property adjacent to the corporate limits of the City.
   The sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property adjacent to the corporate limits of the City and not already serviced by that system unless and until each and every fee owner of such lot, parcel or piece of real property agrees, in writing with the City, that such lot, parcel or piece of real property shall be completely annexed to the City within one year from the date such agreement is made and entered into. Should the lot, parcel or piece of real property not be completely annexed to the City for any reason whatsoever, within one year from the date the agreement is made and entered into, the City, by and through its Director of Public Service and Safety and without any further liability or expense on its part, may terminate such agreement and any and all sewer service incidental thereto. Should such lot, parcel or piece of real property be completely annexed to the City within such one year period, and should there otherwise be compliance with laws, rules and regulations, such sewer service (only temporary until then) shall be considered for permanent status.
   In light of the foregoing, the sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property adjacent to the corporate limits of the City and not already serviced by that system unless and until a complete and applicable agreement in the form provided in Ordinance 10628/94 is fully executed by each and every fee owner of the real property in question, and the appropriate officials of the City.
(Ord. 11205/98. Passed 9-9-98.)
   Notwithstanding any foregoing provisions within this subsection (a) to the contrary, any and all provisions within this subsection (a) relative to the preconditioning of the extension of sewer service upon agreement to annex shall not apply, and do not apply to, any unincorporated lot, parcel or piece of real property adjacent to the corporate limits of the City of Warren owned by a political subdivision of the State of Ohio, including a board of education.
   Should, however, sewer service be extended in accordance with, or pursuant to, the preceding paragraph, and the unincorporated lot, parcel or piece of real property involved should thereafter cease to be owned by a political subdivision, then, and in that event, the unincorporated lot, parcel or piece of real property in question shall be completely annexed to the City within one (1) year from the date a political subdivision ceases to own same. Should such lot, parcel or piece of real property not be completely annexed to the City, for any reason whatsoever, within one (1) year from the date a political subdivision ceases to own same, the City, by and through its Director of Public Service and Safety and without any further liability or expense on its part, may terminate the sewer service so extended.
(Ord. 11545/02. Passed 2-27-02.)
   (b)   Unincorporated property not adjacent to the corporate limits of the City.
   The sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property not adjacent to the corporate limits of the City and not already serviced by that system unless and until each and every fee owner of said lot, parcel or piece of property agrees, in writing with the City, that such lot, parcel or piece of real property shall be completely annexed to the City within one (1) year from the date the lot, parcel or piece of real property first becomes adjacent to the corporate limits of the City. Should said lot, parcel or piece of real property not be completely annexed to the City, for any reason whatsoever, within one (1) year from the date it first becomes adjacent to the corporate limits of the City, the City, by and through its Director of Public Service and Safety, and without any further liability or expense on its part, may terminate said agreement and any and all sewer service incidental thereto.
   In light of the foregoing, the sanitary sewerage system of the City shall not be extended to any unincorporated lot, parcel or piece of real property not adjacent to the corporate limits of the City and not already serviced by that system unless and until a complete and applicable agreement in the form provided by Ordinance 10628/94 is fully executed by each and every fee owner of the real property in question, and the appropriate officials of the City.
(Ord. 11205/98. Passed 9-9-98.)
   (c)   Before any connection permitted by subsections (a) or (b) hereof can occur, a permit therefor shall be obtained from the City’s Director of Public Service and Safety through the Director of Engineering, Planning and Building. Such permit shall only be issued to a sewer builder or plumber licensed by the City. Before a new sanitary sewer connection permit is issued, proof in the form of a deposit receipt for sanitary sewer service as issued by the Warren City Water Department must accompany the application.
(Ord. 10863/96. Passed 1-10-96.)
   Before such permit is issued for connection to a sanitary sewer main, however, the City’s Director of Engineering, Planning and Building shall determine a sanitary sewer main fee in accordance with the following:
(1)   If the property for which a sanitary connection is desired has been previously assessed for a sanitary sewer main by a political subdivision, or the sewer main has been installed by a developer at his expense, there shall be no charge for the sanitary sewer main fee. However, the service charge and inspection fee shall be in effect as described in Section 923.015 .
(2)   If the owner of property for which a sanitary sewer connection is desired has not previously contributed toward an existing sewer main, then the fee shall be thirty-six dollars ($36.00) per foot front for the sanitary sewer main fee. This fee contributes to the cost of constructing the sanitary sewer main. Also to be included are the service charge and inspection fees as described in Section 923.015 .
(3)   If a sanitary sewer main is extended by an individual at his expense under a special construction permit issued by the City’s Director of Engineering, Planning and Building, there shall be no fee for the special permit; however, the owner shall pay inspection charges for the construction of the sanitary sewer main extension and the standard service charges and inspection fees for each connection thereto as described in Section 923.015 .
(4)   All sanitary sewer main fees are collected to defray the cost of constructing such sanitary sewer main where there was no contribution by the abutting affected property at the time of construction. These main fees are to be deposited to the Sewerage Revenue Fund. All inspection fees are to be deposited to the General Fund.
   (d)   The Director of Public Service and Safety is authorized to execute, for and on behalf of the City, any agreement set forth previously in subsections (a) and (b) hereof.
   In addition to constituting contractual terms and provisions, the terms and provisions set forth in the agreements set forth previously in subsections (a) and (b) hereof constitute and reflect policy, procedure, law and ordinances of the City relative to the extension of the sanitary sewerage system of the City to unincorporated property outside the corporate limits of the City not already serviced by that system.
   (e)   Any connection or extension pursuant to this section shall also be made in accordance with applicable rules, regulations and ordinances of the City.
   (f)   Should any term(s) or provision(s) of this section be in conflict with any other term(s) or provision(s) existing elsewhere in these Codified Ordinances, such term(s) or provision(s) of this section shall, and do, prevail.
(Ord. 10628/94. Passed 1-26-94.)
   923.09 SERVICE CHARGE AND PERMIT FOR SEWER CONNECTIONS OR DEPOSITS; FEE FOR NONRESIDENT.
   Service charges and inspection fees shall be issued and collected at the City Engineering Department office and the fees for the same for nonresidents shall be established in accordance with the following:
(a)   The Ohio Environmental Protection Agency has estimated that the average amount of water used by a standard single-family residential dwelling amounts to 400 gallons per day. Therefore, service charges shall be determined by using a standard single-family residential dwelling as the basic unit. The service charge for a basic unit shall be six hundred dollars ($600.00) per each 400 gallons of water or part thereof used per day. However, regardless of water usage or type of structure, the minimum tap-in and service charge shall be in the amount of six hundred dollars ($600.00). In estimating water used by installations other than a single-family residential dwelling, the sewage flow guide located in Section 923.015 (a) shall be used along with the owner’s or applicant’s detailed specifications and projected activities for the installation.
   Calculation shall then be made on the basis of submitted data to be determined by multiplying the estimated amount of gallons of water used per day by six hundred dollars ($600.00) per 400 gallons of water, or part thereof, used per day.
(b)   In the event the installation is not covered under the sewage flow guide or is not applicable, as determined by the City Engineer, then the service charge shall be determined by multiplying the total number of square feet within the installation including basement floor areas and excluding garage floor areas, by 0.2 gallons per square foot. This product shall then be multiplied by six hundred dollars ($600.00) per 400 gallons of water, or part thereof, used per day.
(c)    In the event the installation that is proposed is to be rebuilt or built on land where an existing building has been razed or moved, there shall be no service charge as long as the installation proposed is comparable to the razed or moved building; that is single-family, commercial or industrial user. However, the permit fee shall remain in effect, in accordance with subsection (e) hereof.
(d)    In the event the installation proposed is of an industrial type (industrial type being defined as any activity where materials are received at the installation, altered by one or more internal operations and then dispatched in the altered form to the City's sanitary sewer system), no permit shall be issued until the City's pretreatment program is satisfied in accordance with Chapter 924 and written approval from the Water Pollution Control Superintendent for the same is received by the City Engineer.
(e)    In addition to the service charge fee as covered under subsections (a) to (d) hereof, there shall be three classes of inspection permits and fees, as follows:
(1)    For residential service, a fifty dollar ($50.00) fee.
(2)    For commercial service, a one hundred dollar ($100.00) fee.
(3)    For industrial service, a one hundred fifty dollar ($150.00) fee.
These permit fees shall be collected by the City Engineer to defray the cost of administration and inspection for the same, and deposited to the General Fund.
(f)    There shall be no service charge required of any applicant for a storm sewer tap-in, however, permit fees as established under subsection (e) hereof shall remain in effect.
(g)    Where a property is affected by an assessment for a proposed or existing sanitary sewer, as defined in Section 923.08 , the above service charges and permit fees shall remain in effect for the same.
(h)    Requests for sewer connections not covered by the provisions herein shall be decided by the Sewer Review Board, which is composed of the Director of Public Service and Safety, the City Engineer and the Director of the Water Pollution Control Department.
(i)    All service charges collected by the City Engineer under this section shall be deposited in the Sewerage Revenue Fund.
   If the land for which a sewer permit or permits have been obtained is annexed to the City within a year of the permit date, the owner shall receive a refund based on fees shown in Section 923.015 .
(Ord. 9865/87. Passed 12-9-87.)
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