921.12 REPAIR OF LATERAL SEWERS OR CONNECTIONS WITHIN THE MUNICIPAL RIGHT OF WAY.
   The policy statement regarding the maintenance of house service connections and lateral sewers within the City right of way as contained in Section 921.06(a), is hereby modified, subject to the following rules:
   (a)   The cost of lawful work done to repair lateral sewers and/or connections, within the Municipal right of way, pursuant to permit, where such repairs are made on or after November 6, 1985, may be reimbursed by the City to the property owner who has paid for such repairs.
   (b)   For repairs contracted for by property owners between November 6, 1985 and December 31,1985, pursuant to permit and properly completed, property owners may be reimbursed by the City for repairs of lateral sewers or connections within the Municipal right of way; provided however, that no reimbursement shall be authorized under favor of this section unless such contract, prior to the commencement of work on such repairs, has been submitted to the Finance Director and approved by him in writing as to form and substance.
   (c)   No reimbursements shall be made by the City, under favor of subsections (a) or (b) hereof before March 31, 1986.
   (d)   Subject to the terms and provisions of subsection (e) hereof, all repairs of lateral sewers and/or connections, within the Municipal right of way made on or after January 1, 1986, shall be made by the City, its contractors, agents or employees.
   (e)   The responsibility of the City for reimbursements authorized by subsection (a) or (b) hereof and/or repairs authorized by subsection (d) hereof is hereby made expressly contingent upon the availability of funds, and the proper appropriation thereof, which are the proceeds of a one mill real estate tax levy (ad valorem tax) approved by the voters of the City of Willowick on November 5, 1985. Nothing contained in this section shall be construed as authorizing the expenditure of City revenues from any other source to pay the expenses or costs of carrying out the program and/or policies expressed in this section.
   (f)   Where repair of a lateral sewer or connection within the Municipal right of way is mandated by subsection (d) hereof, the property owner shall, if such lateral sewer beyond the Municipal right of way is determined by the City to be defective, cause the repair of such defective sewer beyond the Municipal right of way.
   (g)   No property owner shall be entitled to reimbursement under this section unless such person has complied with all applicable provisions of this section and/or all other applicable City ordinances and State laws.
(Ord. 85-94. Passed 12-17-85.)