(a) Commencing January 1, 2009 and every ten years thereafter, the Building Inspector, by regular U.S. mail, shall notify the commercial property owners of their obligations under the provisions of this section. Within ten calendar days from the date of said notice, the property owner shall notify the Building Inspector so that the Building Inspector may schedule a site visit and prepare a site plan which details the location of the sewer laterals, manholes, inlets, cleanouts, test tees, interior fixtures and a signed right-of-entry form. If the owner fails to respond within that ten day period, the Building Inspector shall be authorized to enter onto the property to prepare the site plan.
(b) Upon the review of the information provided pursuant to subsection (a), the City shall provide to the owner the scheduled cost to test the specific test site designated by the City. The property owner shall be notified by regular U.S. mail, of the mandatory testing, the cost, and their responsibility to locate and make accessible the test tees and cleanouts. Within thirty calendar days from the date of said notice, the owner shall deposit the cost for the City, or the City's duly authorized agent, to perform the test. The owner shall have the right to hire a contractor licensed to work in the City to perform the dye test so long as that contractor is approved by the City Engineer. If the owner hires a licensed contractor approved by the City Engineer, the owner shall provide an executed contract between the owner and the approved contractor within thirty calendar days from the date of the notice required in this subsection. The testing shall be completed within sixty days of the deposit of the funds, or the date of the executed contract between the owner and the contractor, if applicable.
(c) The test tees shall be straightened and brought up to grade. The test tee risers shall be capped with an appropriate cast iron riser cap having a six-inch diameter. Said risers shall be set to the elevation of ground level. The Building Inspector shall be notified to check the test tees to ensure compliance before the dye test is performed. Backfill of the test tees must be sand up to four inches, followed by topsoil to grade, and seeded, if said risers are located in the area of a lawn.
(d) Upon determining that a lateral sanitary and/or storm sewer is in need of maintenance, cleaning and/or repair, the Building Inspector shall notify the owner, by regular U.S. mail, of the necessity for maintenance, cleaning and/or repair. The owner shall comply with the requirements set forth by the Building Inspector within sixty days of the date contained on the said notice. All work shall be performed by a contractor licensed to work in the City and shall be inspected by the Building Inspector. The Building Inspector shall be notified not less than forty-eight hours prior to the commencement of work. If the owner fails to respond to the Building Inspector within the sixty day time frame set forth above, the Building Inspector shall cause the necessary maintenance, cleaning and/or repair on any lateral sanitary or storm sewer in the City by soliciting three quotes from qualified contractors, and authorizing the work to be performed by the contractor who presents the lowest and best quote. Upon completion of testing, maintenance, cleaning and/or repair, the Building Inspector shall certify the cost of such testing, maintenance, cleaning and/or repair to the Director of Finance, who shall, upon receipt of such certificate, take all necessary steps to collect such charge. Such collection shall be made from the owner of the property for whose benefit the necessary repairs were made. The charges for maintenance, cleaning and/or repair provided for in this section together with charges for interest, shall constitute a lien upon the property so served, as shown by the records of the Director of Finance. If not paid when due, such charges and interest shall be certified to the County Auditor and collected in the same manner as other taxes on real estate. In addition to such collection procedure, any such unpaid amount may be collected through a civil action brought in the name of the City in any court of competent jurisdiction pursuant to Section 921.11(b) and bear interest as provided for in Section 921.11(c).
(e) If the dye test is unsatisfactory and repairs must be made, the owner shall choose any contractor licensed to work in the City to perform the work. After the repairs have been made to all affected areas, backfilled and retested, the Building Inspector shall certify the repairs. In lieu of repair to storm sewer laterals, the Building Inspector is granted the authority to approve a plan submitted by the property owner to place storm water downspouts on splash blocks.
(f) If the lateral testing is due to the sale of the property, the sale may proceed if the owner and buyer deposit an amount to be held in escrow to the benefit of the City if repairs are not completed within sixty days of transfer. The amount to be held in escrow shall be 150 percent of the City Engineer's estimate of the maximum cost repair to the system. In the event that the property transfers within two years of the prior commercial dye test and subsequent certification by the Building Inspector, the property shall be exempt from undergoing a dye test at the time of sale. The subject property, however, shall be subject to the next scheduled commercial dye test as outlined in subsection (a) hereof.
(Ord. 98-37. Passed 6-23-98; Ord. 2009-1. Passed 1-6-09; Ord. 2009-3. Passed 2-17-09; Ord. 2009-52. Passed 7-30-09.)