Ordinance #44: Municipal Sewer System (and Amendment)
ORDINANCE NO. 44
AN ORDINANCE OF THE CITY OF GEORGETOWN, IDAHO, RELATING TO THE MUNICIPAL SEWER SYSTEM; PRESCRIBING REGULATIONS FOR HOOKING UP AND OBTAINING SERVICE FROM THE MUNICIPAL SEWER SYSTEM; ESTABLISHING RULES GOVERNING THE INSTALLMENT OF FACILITIES FOR SERVICE FROM THE SYSTEM; REGULATING THE OPERATION OF THE MUNICIPAL SEWER SYSTEM; PRESCRIBING FEES, CHARGES AND ACCOUNTING PROCEDURES FOR THE MUNICIPAL SEWER SYSTEM; PROHIBITING CERTAIN CONDUCT OR DISCHARGES THAT INTERFERE WITH EFFICIENT OPERATION OF THE SEWER SYSTEM; PROVIDING FOR ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE; REPEALING FROM THE EFFECTIVE DATE OF THIS ORDINANCE ALL PRIOR CONFLICTING ORDINANCES PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, IDAHO:
Section 1. Hooking Up and Obtaining Service from the Municipal Sewer System.
A. Mandatory Hook Up. All owners of lots, properties, buildings or residences within the City of Georgetown, Idaho, shall construct or cause to be constructed adequate private service lines to connect said lots, properties, buildings or residences to the nearest accessible mainlines of the municipal sewer system within sixty (60) days after the effective date of this ordinance.
B. Application for Hook Up and Service. No connection to the municipal sewer system shall be established until the owner (or his duly authorized agent) of the lot, property, building or residence in question has submitted to the City Clerk an application for sewer hook-up and service, and until such owner (or agent) has demonstrated compliance with all applicable provisions of this ordinacne.
(1) All applicaitons for sewer hook-up and service shall be made at the office of the City Clerk located in the City Hall; and the applications shall set forth the name of the owner (or agent), building permit number if service is sought to a new or enlarged structure and such permit is required by law, size of connection requested, description of the property to be served, and signature of the owner (or agent) agreeing to conform to the ordinances, rules and regulations of the City of Georgetown. The occupant of property is presumed either to be the owner of such property or to be the owner’s duly authorized agent; and unless or until contrary information is furnished in writing to the City Counsil, the owner shall be bound by the actions and representations of such occupant.
(2) An application, containing the above information, shall be rquired for any change in a sewer hook-up, made at the request of the property owner (or agent) and the cost of such change shall be borne exclusively by said owner (or agent).
(3) If application is made for a connection that requires extension of sewer mains, either within or without the City, such application shall be referred to the City Council. The City Council shall determine whether the application shall be granted, and if granted, the terms and conditions upon which the extension shall be made. Provided, one such condition of the authorization of an extension shall be that the extended sewer main becomes and remains at all times the sole and exclusive property of the City, regardless of whether the cost of such extension was assumed and paid by the City.
C. HOOK_UP FEE. An application for sewer hook-up and service shall be accompanied by payment in cash, certified check or money order of the sum of $500.00. The hook-up fee shall be retained by the City to defray the cost of reviewing the application, conducting such inspections as this ordinance or the circumstances of the proposed connection may require, opening the service account and other administrative actions.
D. APPROVAL OF APPLICATION. If an application is approved, notation of such approval shall be made and signed by the City Clerk-Treasurer upon a copy of the application returned to the applicant.
Section 2: Installation of Sewer service facilities.
A. Cost and Standards. All installations of connections with the municipal sewer system shall be made at the owner’s (agent’s) expense and shall comply with the requirements set forth in applicable national plumbing codes and such other standard as are prescribed by Idaho Code or City Ordinance or Resolution. The size of private service lines shall be reasonably prescribed by the City.
B. Compliance with Standards. The City may, through its employees or persons or firms under contract to the City, inspect connections made to the municipal sewer system, and, if the City gives notice to an applicant that such inspection will be made, the applicant shall not cover any pipeline or connection until the inspection is made and the work approved. Notwithstanding the provision in this subsection for inspecttions, andy applicant, or his successor, who installs any pipeline or connect in a manner violative of the codes and standards specified above shall cause correction to be made at his own expense promptly following demand by the City.
C. Separate Service. Each lot, property, building or residence using or disposing of sewage in the sewer system shall be served by a separate private sewer service line.
D. Freezing, Leaks and Blockages. All private service lines shall be placed at whatever depth is necessary in order to avoid all reasonable likelihood of freezing and at the direction of the City. The City shall be responsible for all freezing,leeks and blockages in sewer main lines.
E. Responsibility of Owner (or Agent). The property owner (or agent) shall be responsible for the initial installation and maintenance of private service lines from the point of use of said private sewer lines to the property boundary line of the owner. The City shall be responsible for initial installation and maintenance of the sewer line from the owner’s property line to the City sewer main line except in case where the required maintenance or repaiar of said line is due to the act or fault of the owner (or agent), and in those cases the owner (or agent) shall be responsible for payment of said repair or maintenance.
Section 3. Operation of Municipal Sewer System.
A. Ownership of Facilities. Ownership of all sewer mains, extensions, and appurtenant equipment maintained by the City shall be vested in the City of Georgetown and in no case shall the owner (or agent) of any property or premises have the right to claim or reclaim, remove or damage any part thereof.
B. Interruption of Service. The City reserves the right at any time, upon reasonable notice when circumstances permit, or without notice when notice cannot feasibly be given, to interrupt or terminate the water supply when necessary for repairs, extensions, other work on the sewer system, or non-payment of fees or charges and the City shall not be responsible for any damages resulting from such interruption or termination.
C. Acess to Premises. Employees of the City and persons under contract with the City, properly identified, shall have free access at reasonable hours to all property or premises receiving services from the sewer system of the City for the purpose of inspecting the connections of the mainlines, service lines, fixtures or other system facilities.
Section 4. Sewer Service Charges and Accounting Procedures.
A. Sewer Service Charges. The following charges shall be imposed for use of the municipal sewer system, from and after December 1, 1979:
1. Single family residential home: $9.50
2. Duplex residential home: 19.50
3. Tri-plex home: 28.50
4. Apartment houses: 9.50 per unit
5. Mobile homes: 9.50 per mobile home unit
6. Business Establishments: 9.50
7. Church: 19.00
8. School: 19.00
B. General Duties of the City Clerk-Treasurer. The City Clerk-Treasurer shall collect and receive all connection fees, sewer service charges and other funds payable by law to the City with respect to the municipal sewer system. The
City Clerk-Treasurer shall collect and receive all connection fees, sewer service charges and other funds payable by law to the City with respect to the municipal sewer system. The City Clerk-Treasurer shall keep accurate and complete records of all funds received, dates and amounts received, names of payors and accounts credited, together with accurate and a complete accounts of all disbursements, showing the dates and amounts thereof, payees, and accounts debited. All funds received or held shall be deposited by the City Clerk-Treasurer in a bank duly authorized to accept such deposits, pursuant to the Idaho Code.
C. Billings. With the approval of the City Council, the City Clerk-Treasurer shall establish a date or series of dates on which sewer service charge bills are sent to owners (or agents) of property or premises using the municipal sewer system. Billings shall be rendered according to this schedule, and shall be paid within twenty (20) days from date of billing. If the owner (or agent) does not pay the amount owed within twenty (20) days after the billing is rendered, the City Clerk-Treasurer shall cause a notice to be issued to such owner (or agent), stating that the account is delinquent, and that if the amount of the delinquency is not paid within twenty (20) further days, water service will be discontinued and water service will not be re-instated except upon payment of a $20.00 resumption of service fee.
The notice shall also advise the owner (or agent) that if he contests the amount of the delinquency, or seeks relief from shutting off water service, he must apply in writing at City Hall for a hearing before the City Council, prior to expiration of the 20 day period. If such written application is received, water service will not be shut off until the City Council has conducted a hearing and has made its determination of the case.
D. Lien and Collection of Delinquencies. Any delinquency in payment of sewer fees shall become a lien against the real property to which sewer services were furnished, upon recording, at the office of the Bear Lake County Recorder, the City Clerk-Treasurer’s sworn certification of the delinquency. The City may collect such delinquency by commencment of a civil action, and, if such action prevails, the City shall be entitled to award of its costs and reasonable attorney fees. When a delinquency has been recovered following recording of a lien, satisfaction of the lien shall be recorded. In the alternative to collecting by commencement of a civil action, the City may certify under oath the amount of the delinquency to the Treasurer of Bear Lake County who shall, wupon receiving such certification, include the amount of the delinquency in the next assessment of real property taxes against the premises in question, to the extent that such action is authorized by applicable provisions of the Idaho Code.
Section 5. Prohibited Conduct.
A. Wastes to be Discharged into Sewer System.
All sanitary sewage, industrial waste or other polluted waters shall be discharged into the sewer system. It shall be unlawful for any person to dispose otherwise of sewage, waste and polluted waters. Where a public sewer is available, every person owning any land or premises shall install suitable sanitary facilities connecting the public sewer to any house, lot or premises requiring sewage disposal facilities. The owners or occupants or lots, properties, buildings or residences which are withing 200 feet of a public sewer and whcih are disposing of sewage wastes on the effective date of this ordinance shall construct or cause to be constructed a sufficient private sewer line which shall connect said lots, properties, buildings or residences to the nearest accessible public sewer. Every owner, occupant or developer of any lots, properties, buildings or residences located within the City of Georgetown which begin to dispose of sewage wastes subsequent to the effective date of this ordinance shall construct or cause to be constructed immediately a sufficient private sewer line which shall connect said lots, properties, buildings or residences to the nearest accessible public sewer.
B. Work on City Streets, Property or Rights-of-Way. No owner, agent, or other person shall perform any work in relation to the municipal sewer system in or upon any City Street, property or right-of-way, without furnishing the City a plan of work contemplated and securing from the City approval for the work contemplated and securing from the City approval for the work to be performed. The City may prescribe such terms and conditions, including the provision of an appropriate bond or other reasonable security as the circumstances may warrant and may require repair or reimbursement for damage to any city street, curb, gutter, or sidewalk or other city property.
C. Tampering with System. No person, unless duly authorized by the City shall disturb, interfere with, or damage any sewer main, sewer pipe, machinery, appurtenance, appliance, building, improvement or other facility belonging to or connected with said sewer system of the City of Georgetown.
D. Probibited Discharges and Special Agreements. Except as provided below, no person shall discharge or cause to be discharged into the sewer system any of the following described waste substances:
1. Any solids, liquids or gases which may, by themselves or by interaction with other substances, cause fire or explosive hazards, or in any other way be injurious to persons, property, the operation of the sewer system, or to any of the heavy metal or other materials which may be components of the system.
2. Any noxious or malodorous solids, liquids or gases which singly, or by interaction of other substances, are capable of creating a public nuisance or hazard to life, or of preventing entry into sewers for their maintenance or repair.
3. Any solids, greases, waxes, slurries or viscous materials of such character or in such quantity that the City reasonably determines may cause an obstsruction to the flow of the sewer, or otherwise interfere with the proper functioning of the sewer system.
4. Any toxic substance, chemical element, or compound in quantity sufficient to impair the operation or efficiency of the sewer system or which might constitute an unlawful discharge under Idaho or federal law.
E. Unpolluted Waters. It shall be unlawful for any person to discharge or cause to be discahrged any storm water, ground water, roof runoff, subsurface drainage, colling water or unpolluted water into any sanitary sewer. Storm water shall be discharged to such sewers as are specifically designated as storm drains, or to natural outlets designated by the City. Industrial cooling water or unpolluted process water may be discharged, upon approval by the City, into a storm drain or natural outlet.
F. Connections or Resumptions. No owner or agent, contractor or other person shall cause any property or premises to be connected to the municipal sewer system except in compliance with this ordinance, nor turn on or resume without permission of the City any water service that has been interrupted or terminated for any reason.
G. Obstruction of Access. No person shall obstruct, or cause or allow any obstruction to, the access to any sewer main, sewer pipe, machinery,tool, appliance, building improvement or other facility of the municipal sewer system.
Section 6. Enforcement.
A. Deprivation of Water Services. If the City determines that any owner (or agent) of property or premises that are or could be served by the municipal sewer system or any contractor or other person acting at the direction of the owner (or agent) has engaged in any of the prohibited conduct enumerated in the preceding section, or has otherwise violated the provisions of this Ordinance, the City may give notice in writing to such owner (or agent) that water services will be withheld or terminated, unless the owner (or agent) applies in writing within twenty (20) days for a hearing before the City Council and during that hearing shows cause way he should not be deprived of water services. In taking its determination, following such a hearing, the City Council may direct that water services be withheld or terminated, that water services be furnished, or that water services be furnished upon such terms and ocnditions as the Council finds reasonably necessary to protect the municipal sewer system.
B. Criminal Penalties. It shall be unlawful and punishable as a misdemeanor for any person knowingly to engage in any prohibited conduct enumerated in the foregoing section, or otherwise knowingly to violate any of the provisions of this ordinance. Each day that such prohibited conduct or violation occurs or continues shall be deemed a separate offense. In the event of such prohibited conduct or violation, the City, in addition to or in lieu of such criminal prosecution, may bring an action for damages and/or injunctive relief; and, if the City prevails in such action, it shall be entitled to an award of its costs and a reasonable attorney fee.
Section 7. Ratification. All sewer services furnished, fees, revenues collected, and all other action taken with respect to the City’s municipal sewer system prior to the effective dat of this ordinance, is hereby ratified.
Section 8. Repeal of Conflicting Ordinances. From and after the effective date of this ordinance, all prior ordinances which conflict with the provisions of this ordinance are repealed to the extent of such conflict.
Section 9. Severability. If any provision contained within this ordiance should be held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of any of the remaining provisions of this ordinance.
Section 10. Effective Date. The requirement that ordinances be read on three separate occasions is hereby dispensed with, and this ordiance shall become effective upon its passage, approval and publicaiton as provided by law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Georgetown, Idaho,this 27th day of Novenber, 1979.
CITY OF GEORGETOWN, IDAHO
AMENDMENT TO ORDINANCE #44
SECTION 1; SUBPARAGRAPH “C”
C. HOOK-UP FEE: An application for sewer hook-up and service shall be accompanied by payment in cash, certified check or money order of the sum of $1,500.00. The hook-up fee shall be retained by the City to defray the cost of reviewing the application, conducting such inspections as this ordinance or the circumstances of the proposed connection may require, opening the service account and other administrative action.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Georgetown, Idaho this 2nd day of January 2007.
CITY OF GEORGETOWN, IDAHO
Albert K. Johnson, Mayor
Marty Nate, City Clerk