(A) Purpose. The Council finds that the discharge of water from roofs, down spouts, eave troughs, rain spouts, yard drains, surfaces, groundwater, sump pumps, footing tiles or swimming pools, foundation drains, yard fountains, ponds, cistern overflow, areaway drains, and other means of transmitting natural precipitation and surface waters, collectively referred to as excess infiltration and inflow (I & I), into the sanitary sewer system will and has in the past overloaded the sanitary sewer system. The Council, therefore, finds it essential for orderly growth in the community, fiscal responsibility, and compliance with city code requirements that the provisions of this section be strictly enforced.
(B) Prohibition against discharges into sewer system. No water from any roof, down spout, eave trough, rain spout, yard drain, surface, groundwater, sump pump, footing tile or swimming pool, foundation drain, yard fountain, pond, cistern overflow, areaway drain, or other natural precipitation shall be discharged into the sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge into the sewer system, except as provided herein. A PERMANENTLY INSTALLED DISCHARGE LINE must be connected to the city's storm sewer drainage system if connection is available at the property line. If connection to the city's storm sewer drainage system is not available at the property line, a permanently installed discharge line must provide for year-round discharge capacity to an appropriate drainage area on the outside of the dwelling, building or structure (in no event shall such a drainage area include property owned by others). If connection to the city's storm sewer drainage system later becomes available, the line must be connected within months of notice by the city. The permanently installed discharge line shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge. It shall not be capable of connection or reconnection to the sewer system.
(C) Disconnection. Within 90 days of notice from the city, any person having a roof surface down spout, cave trough, rain spout, yard drain, surface, groundwater, sump pump, footing tile or swimming pool, foundation drain, yard fountain, pond, cistern overflow, areaway drain now connected and/or discharging into the sewer system shall immediately disconnect and/or remove same. Any disconnects or openings in the sewer system shall be closed in an effective, workmanlike manner, as approved by the Director of Public Works. If a city drain tile or storm sewer system is available to the property, connection of said discharges to these systems shall be mandatory.
(D) Compliance and inspection. Every person owning improved real estate that discharges into the city's sewer system shall comply with the requirements of this section within 90 days of notice from the city. Within 30 days after notice from the city, the property owner shall contact the City Maintenance Department to schedule an inspection, at no cost to the property owner, of each building and the utility service lines located on such property by an inspector designated by the city. The purpose of this inspection shall be to confirm that there is no sump pump or other prohibited discharge into the sewer system. In lieu of having the city inspect such property, the property owner may, at the property owner's expense, furnish a certificate from a licensed plumber, in a form acceptable to the city, certifying that the property is in compliance with this section.
(E) Additional inspections. The city may require any building be re-inspected if a violation is suspected or the building is listed for sale. Additionally, the city may perform random inspections in an amount and frequency determined by the city to be appropriate. Any property found not to be in compliance upon re-inspection, or any person refusing to allow their property to be re-inspected within 30 days after receipt of written notice from the city requiring re-inspection shall be subject to the nonrefundable charge set forth in division (H).
(F) New building inspections. All new buildings will be required to have their sump pump system inspected and be in compliance with this section and be connected to the city storm sewer through the drain tile connection stub provided prior to issuance of a certificate of occupancy. Refer to the Subdivision Ordinance for the requirement of connecting sump pump systems to the city storm sewer during construction.
(G) Waivers. The city shall have the power and duty of hearing and deciding request for waivers from the applicability of the provisions of this section where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem. This may also include cases where it would not be practical or feasible to correct an otherwise prohibited discharge in the city's sewer system.
(1) Application for waivers pursuant to this section shall be addressed in writing to the Planning Commission. The applications shall at a minimum identify the subject property, the name of the property owner/applicant, and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time the Planning Commission shall make a recommendation on the matter and refer the application to the Council for determination.
(2) Upon approval of an application for a waiver, a property owner shall be allowed to discharge directly into sewer system for a limited time specified in the written decision and in accordance with other terms and conditions specified. The applicant will be required to pay an additional fee for the additional sewer service, along with the regular monthly charge. Fees for this service will be based on estimated yearly average amounts discharged into the sewer system. Other non-compliance waivers granted will be in effect until the property is sold and the title is transferred. The written decision will be recorded at the county and become part of the property title. The approval will automatically expire upon sale or transfer of the property title. The application fee will include recording fees that will be incurred as a part of this process.
(H) Surcharge. A surcharge in the amount set forth in the city's fee schedule shall be added to every sewer bill mailed to property owners who have not demonstrated compliance with this section or have not obtained an inspection required by this section within 90 days after notice by the city. The surcharge shall be added every month thereafter for properties not complying with this section until the property owner submits proof to the Maintenance Supervisor that the property is brought into full compliance. The full amount of the surcharge shall apply regardless of whether the non-compliance has been for the entire month or a portion of it. If the surcharge is not paid, the city may certify delinquent bills to the county pursuant to the procedures set forth in the city code.
(Ord. 11-03, passed 10-11-11; Am. Ord. 17-01, passed 4-11-17)