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)   Subject to the terms and provisions of subsection (b) hereof, all repairs of lateral sewers and/or connections within the municipal right-of-way discovered during a point-of-sale inspection as defined in Chapter 1355, shall be made by the City, its contractors, agents or employees.
   (b)   The responsibility of the City for repairs authorized by subsection (a) hereof is 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 or City revenues from any other source to pay the expenses or costs of carrying out the program and/or policies expressed in this section.
   (c)   Where repair of a lateral sewer or connection within the municipal right-of-way is mandated by subsection (a) 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 by a contractor approved by the City at the property owner’s own expense.
   (d)   No property owner shall be entitled to reimbursement under this section for repairs undertaken at the property owner’s expense.
   (e)   The City’s responsibility for repairs of lateral sewers and/or connections within the municipal right-of-way as provided in subsection (a) hereof is limited to one repair at the same property or combined parcel within a twenty year period as reflected in the records maintained by the Willowick Service Department.
      (Ord. 85-94. Passed 12-17-85; Ord. 2023-22. Passed 6-6-23.)