§ 42-63. Maintenance of private sewer lines.

(a)

Responsibility . Each property owner shall be responsible for maintenance and repair of his private sewer line. Such maintenance includes, but is not limited to, the following:

(1)

Clearing obstructions from the private sewer line;

(2)

Repairing a defect in the private sewer line that allows the introduction of extraneous flows or debris into the sanitary sewer system;

(3)

Repairing a defect in the private sewer line that allows the discharge of sewage on the property; and

(4)

Keeping a manhole cover in place or a clean out cap tight and in place.

(b)

Prohibited materials . From and after February 18, 2007, no concrete, clay, cast iron, asbestos cement, or orangeburge pipe may be used for private sewer lines within the incorporated limits of the city, as such limits may be hereinafter extended. However, concrete, clay, cast iron, asbestos cement, or orangeburge pipes meeting all of the applicable requirements of this Code on February 18, 2007, may continue to be used until such pipe becomes damaged, defective or deteriorated to the extent that it admits earth or surface or subsurface water or permits the escape of effluents. At such time, a private sewer line of such materials may not be repaired but must be entirely replaced with pipes made of PVC (poly-vinyl-chloride) or equivalent material as approved by the chief building official. This subsection supercedes and controls over any contrary provision contained in the plumbing code adopted in section 18-461 and as thereafter amended in section 18-462.

(c)

Notice to repair . If a private sewer line becomes damaged, defective or deteriorated to the extent that it admits earth or surface or subsurface water or permits the escape of effluents, the city, when it becomes aware of such condition, shall send notice by certified mail to the last known address of the owner of the property as recorded in the appraisal records of the appraisal district in which the property is located and, if known based upon a search of the city's utility records, to the tenant at the address listed on the city's utility records. A notice which the United States Postal Service returns as "refused" or "unclaimed" shall not affect the validity of the notice; and the notice shall be considered delivered seven days after mailing the same. Such notice shall be sufficient if it generally describes the private sewer line's condition, gives notice that the condition is in violation of this section, and advises that repairs must be made within 365 days after receipt of such notice. Notwithstanding the above, if a private sewer line becomes damaged, defective or deteriorated to the extent that it constitutes a public nuisance, as defined in section 42-61 and prompt abatement is a public necessity, this subsection and the notice procedures contained in this division shall not apply.

(d)

Manner of repairs or replacements. Private sewer line maintenance, repairs, and replacement must be made in compliance with all city codes, including but not limited to the city's plumbing code, adopted in section 18-461; and are subject to approval by the chief building official. Permits shall be required for the necessary work; however, permit fees for the plumbing work on the private sewer line shall be waived. Permit fees will be assessed for any work performed on a plumbing system inside a structure.

(e)

Surcharge. If repairs to the private sewer line are not completed and approved by the chief building official within the time period specified in subsection (c) of this section:

(1)

The city shall assess a monthly surcharge against the property, which charge shall appear on the utility bill for the address where such private sewer line is located. Such surcharge shall be $25.00 per month; and

(2)

A person may not establish utility services after the expiration of the 365-day period specified in subsection (c) of this section for property on which a surcharge is being assessed until the repairs to or replacement of the private sewer line required by this section has been made and approved by the chief building official.

(f)

Priority of payment. Any utility payment received after the surcharge has been assessed shall first be applied to the surcharge and then in the priority established in section 98-1 of this Code.

(g)

Remedies. For nonpayment of utility charges, the city may:

(1)

Terminate utility services in accordance with sections 98-62 and 98-93 of this Code; and/or

(2)

File a lien against the property in accordance with section 98-65 of this Code.

(h)

Reconnection. If utility service for property on which a surcharge is being assessed has been terminated and thereafter the city determines that:

(1)

The private sewer line has been repaired satisfactorily; and

(2)

Either:

a.

All outstanding utility charges have been paid in full; or

b.

The customer has agreed in writing to pay.

1.

The accrued utility charges, including all surcharges, in accordance with a payment schedule acceptable to the supervisor of the utility billing division; and

2.

All current and future utility charges as they become due;

Utility services may be established, subject to sections 98-56, 98-62(j) and 98-94 pertaining to deposits and cutoff and sewer tapping fees, respectively, and the city shall release any associated lien in accordance with subsection 98-65(h).

(i)

Offense.

(1)

A person commits an offense if he intentionally or knowingly:

a.

Fails or refuses to repair his private sewer line within the period of time prescribed herein; or

b.

Rents, leases or otherwise allows a person, other than the tenant residing on the property at the expiration of the 365-day period specified in subsection (c) of this section to occupy the property on which a surcharge has been assessed.

(2)

It shall be an exception to subsection (1)b. above if:

a.

The required private sewer line repairs or replacement has been completed and approved by the chief building official; or

b.

No new utility service is established after the expiration of the 365-day period specified in subsection (c) of this section.

(Code 1967, § 15-25; Ord. No. 4912, § 1, 1-28-88; Ord. No. 6948, § 1, 3-10-94; Ord. No. 9546, § 1, 4-10-03; Ord. No. 10,542, § 3, 2-8-07)

Cross reference

Sewer service, § 98-91 et seq.