Chapter 13.10
SEWER CODE

Sections:

Article I. General Provisions

13.10.010    Short title.

13.10.020    Council to have charge of sewage works.

13.10.030    Council powers and authority.

13.10.040    Council to set rates and other charges.

13.10.050    Definitions.

13.10.060    Prohibited deposits.

13.10.070    Prohibited discharges.

13.10.080    Privies, cesspools, etc.

13.10.090    Connection to sewer required.

Article II. Private Disposal Systems

13.10.100    Private disposal system.

13.10.110    Permit required.

13.10.120    Abandonment.

13.10.130    Sanitation.

13.10.140    Additional requirements.

13.10.150    Connections.

Article III. Building Sewers

13.10.160    Unauthorized connections.

13.10.170    Permits.

13.10.180    Owner responsibility – Indemnification of city.

13.10.190    Separate service.

13.10.200    Old building sewers.

13.10.210    Specifications.

13.10.220    Elevation.

13.10.230    Prohibited use.

13.10.240    Connections.

13.10.250    Inspection.

13.10.260    Barricades and lights – Restoration of public ways.

Article IV. Use of Public Sewers

13.10.270    Prohibited discharge.

13.10.280    Storm water discharge – Industrial cooling water.

13.10.290    Prohibited discharge.

13.10.300    Controlled discharges.

13.10.310    Acceptance of prohibited discharges.

13.10.320    Interceptors.

13.10.330    Preliminary treatment.

13.10.340    Control manholes.

13.10.350    Tests and measurements.

13.10.360    Special arrangements.

Article V. Foliage and Trees

13.10.370    Permit to plant.

13.10.380    Foliage prohibited.

13.10.390    Interference with sewer line.

13.10.400    Noncompliance with article.

Article VI. Protection from Damage and Responsibility for Repair

13.10.410    Criminal mischief.

13.10.420    Responsibility for repair.

Article VII. Powers and Authority of Inspectors

13.10.430    Right of entry.

13.10.440    Safety – Indemnification of owner.

13.10.450    Easements.

Article VIII. Miscellaneous

13.10.460    City installation of storm sewers.

Article IX. Penalties

13.10.470    Violations.

13.10.480    Penalty.

13.10.490    Liability of violator.

13.10.500    Separate violations.

Article I. General Provisions

13.10.010 Short title.

This chapter shall be known as the sewer code, and may be so cited and pleaded. [Ord. 340 § 2, 1992].

13.10.020 Council to have charge of sewage works.

The council shall have charge of all facilities for collecting, pumping, treating and disposing of sewage. [Ord. 340 § 3, 1992].

13.10.030 Council powers and authority.

A. The council is authorized and empowered to purchase, construct, keep, conduct, extend and maintain the sewer system and all necessary plants and facilities to furnish sewer service to the city and to areas adjacent thereto, and to areas adjacent to the sewer works constructed or used for such purposes and to that end may acquire by purchase, or otherwise, and own and possess such real and personal property within and without the limits of the city as in the judgment of the council may be deemed necessary and convenient.

B. The council shall have power and authority to enter into the necessary contracts or agreements to purchase all necessary material, equipment and supplies as it may deem necessary or convenient to the conduct, extension, operation, maintenance and management of the city system, and to do any other act in the construction, operation and maintenance of the city system.

C. The council shall have power and authority to, and shall, from time to time, make such regulations as may be necessary for the installation of sewer mains, and for the apportionment of the cost thereof between property owners and the city.

D. The council shall have power and authority to do any other act or make any other regulation necessary and convenient for the conduct of its business and the due execution of the power and authority given it by Charter and not contrary to law. [Ord. 340 § 4, 1992].

13.10.040 Council to set rates and other charges.

A. The council shall have power and authority to establish all rates, deposits, fees, penalties and other charges for the use of the city sewer system; and to provide for the payment of sewer user fees, deposits, penalties and other charges; and to terminate service from any house, tenant or place where any of such charges are not duly paid within the time provided therefor, or when any of the rules and regulations of the city are disregarded or disobeyed. Said rates, deposits, fees, penalties and other charges shall be established by written resolution without the necessity of amending this chapter, and such resolution when duly passed shall provide lawful rates, deposits, fees, penalties and other charges of the city in connection with such sewer system; however, the requirements of law shall be complied with in connection therewith.

B. The council shall have power and authority to enter into special agreements for sewer usage and at special rates, either greater or less than existing rates, to sewer users within or without the boundaries of the city. [Ord. 340 § 5, 1992].

13.10.050 Definitions.

As used in this chapter, the following words or phrases shall mean:

“BOD (biochemical oxygen demand)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius in milligrams per liter.

“Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from waste and other drainage pipes within or adjoining the building or structure and conveys the same to the building sewers, which begins at a point five feet outside the established line of the building or structure including any structural projection except eaves.

“Building sewer” means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to the public sewer, private sewer, individual sewage disposal system or other point of disposal.

“City” means the city of Creswell.

“Combined sewer” means a sewer receiving both runoff and sewage.

“Garbage” means solid waste from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce.

“Industrial waste” means any and all liquid or waterborne waste from industrial or commercial processes except domestic sewage.

“May” is permissive. See also “Shall.”

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

“Person” means any individual, firm, company, association, society, corporation or group.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions concentration in moles per liter.

“Private sewer” means a building sewer which receives the discharge from more than one building drain and conveys it to a public sewer, private sewage disposal system or other point of disposal.

“Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

“Public sewer” means a common sewer which is directly controlled by the public authority.

“Public works director” means the director of the public works department of the city of Creswell or authorized deputy, agent or representative.

“Sanitary sewer” means a sewer which carries sewage and to which storm, surface and ground water are not intentionally admitted.

“Sewage” means any liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

“Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

“Sewer” means a pipe or conduit for carrying sewage.

“Shall” is mandatory. See also “May.”

“Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

“Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.

“Unsanitary” means unhealthful, of or having to do with the conditions not beneficial to health, and not preventative to diseases.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 340 § 6, 1992].

13.10.060 Prohibited deposits.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city of Creswell, or in any area under the jurisdiction of the city, any human excrement, garbage or other regulated waste. [Ord. 340 § 7, 1992].

13.10.070 Prohibited discharges.

It shall be unlawful to discharge to any natural outlet in any area under the jurisdiction of the city any sewage or other polluted waters. [Ord. 340 § 8, 1992].

13.10.080 Privies, cesspools, etc.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. [Ord. 340 § 9, 1992].

13.10.090 Connection to sewer required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at the owner’s expense to install suitable sewage facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within one year after date of official notice to do so, except and when time extensions are granted by the city council. [Ord. 340 § 10, 1992].

Article II. Private Disposal Systems

13.10.100 Private disposal system.

Where a public sewer is not available under the provisions of CMC 13.10.270, the building sewer shall be connected to a private sewage disposal system complying with the provisions of CMC 13.10.290 through 13.10.330. [Ord. 340 § 11, 1992].

13.10.110 Permit required.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the city and/or Department of Environmental Quality (DEQ) of the State of Oregon or their authorized agent. [Ord. 340 § 12, 1992].

13.10.120 Abandonment.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tank, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material in accordance with the rules of the state of Oregon (DEQ). [Ord. 340 § 13, 1992].

13.10.130 Sanitation.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city. [Ord. 340 § 14, 1992].

13.10.140 Additional requirements.

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by a health officer, the state of Oregon (DEQ) or their authorized agent. [Ord. 340 § 15, 1992].

13.10.150 Connections.

When a building drain or building sewer is located within 150 feet of a public sewer line, the building sewer shall be connected to the public sewer within one year after date of official notice to connect except where and when time extensions by the city council are granted. The private sewage disposal system shall then be abandoned in accordance with CMC 13.10.120. [Ord. 340 § 16, 1992].

Article III. Building Sewers

13.10.160 Unauthorized connections.

No person other than authorized city personnel shall uncover, make any connections with, open into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. Such connection, opening, use, or alteration shall be done in accordance with the rules of the city. It shall be unlawful and prohibited conduct for any person to make any connection with, open into, use, alter or disturb any public sewer or appurtenance except authorized city personnel or in accordance with the provisions of this section. [Ord. 340 § 17, 1992].

13.10.170 Permits.

There shall be three classes of building sewer permits:

A. For residential or multiple-family dwellings;

B. For commercial services; and

C. For service to establishments producing industrial waste.

In any case, the owner or owner’s agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city. Permit inspection fees for residential or commercial or industrial building sewer permits shall be established from time to time by resolution of the city council. [Ord. 340 § 18, 1992].

13.10.180 Owner responsibility – Indemnification of city.

All costs and expenses incident to the installation and the connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. [Ord. 340 § 19, 1992].

13.10.190 Separate service.

A separate and independent building sewer shall be provided for every building drain. [Ord. 340 § 20, 1992].

13.10.200 Old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works department, to meet all requirements of this chapter. [Ord. 340 § 21, 1992].

13.10.210 Specifications.

The size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code and other applicable rules and regulations of the city. [Ord. 340 § 22, 1992].

13.10.220 Elevation.

The building sewer shall be brought to the building at an elevation below the building drain. No privately owned, operated and maintained pumps or sewage lift stations shall be connected to the building drain or building sewer except when a variance is granted by the public works director. The public works director may authorize a variance if they find that the condition in subsection (A) of this section and either condition in subsection (B) or (C) of this section exist:

A. The building drain cannot be connected to the public sewer without the aid of a pump or sewage lift station; and either

B. The Lane County department of environmental health or any other authorized health official certifies that a public health hazard exists; or

C. Special or unusual circumstances apply to the property or building that do not apply generally to other properties. [Ord. 533, 2019; Ord. 340 § 23, 1992].

13.10.230 Prohibited use.

No person shall make connection of roof downspouts, exterior foundation drains, area drains or other sources of surface runoff or ground water to a building sewer or building drain which is in turn connected directly or indirectly to a sanitary sewer. No person shall allow any surface runoff or ground water to enter a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer. [Ord. 340 § 24, 1992].

13.10.240 Connections.

The connection of the building sewer into the public sewer shall conform to the requirements and regulations of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the public works department before installation. [Ord. 340 § 25, 1992].

13.10.250 Inspection.

The applicant for the building sewer permit shall notify the public works department at least 24 hours prior to the time when the building sewer is ready for inspection or connection to the public sewer. The connection shall be made only under the supervision of the public works director or his representative. [Ord. 340 § 26, 1992].

13.10.260 Barricades and lights – Restoration of public ways.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. [Ord. 340 § 27, 1992].

Article IV. Use of Public Sewers

13.10.270 Prohibited discharge.

No person shall discharge, cause to be discharged, or allow to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters or hazardous waste to any sanitary sewer. [Ord. 340 § 28, 1992].

13.10.280 Storm water discharge – Industrial cooling water.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or to a natural outlet approved by the public works director. Unpolluted process waters may be discharged, on approval of the public works director, to a storm sewer or natural outlet. Combination sewers are prohibited. All approvals shall be in accordance with local, state and federal regulations. [Ord. 340 § 29, 1992].

13.10.290 Prohibited discharge.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid or petroleum product, solid or gas.

B. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/L or CN in the wastes as discharged to the public sewer.

C. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. [Ord. 340 § 30, 1992].

13.10.300 Controlled discharges.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the public works director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming the public works director’s opinion as to the acceptability of these wastes, the public works director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent factors. The substances prohibited shall be specified by the DEQ and include but are not limited to:

A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).

B. Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of 100 mg/L or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (zero degrees and 65 degrees Celsius).

C. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-quarters horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the public works director.

D. Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solution, whether neutralized or not.

E. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the public works director for such materials.

F. Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the public works director as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction of such discharge to the receiving waters.

G. Any radioactive wastes or isotopes of such half-life or concentrations may exceed limits established by the public works director in compliance with applicable state or federal regulations.

H. Any waters or wastes having a pH in excess of 9.5.

I. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids (such as slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

3. Pretreatment or a surcharge will be required for BODs greater than 300 mg/L.

4. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

J. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. [Ord. 340 § 31, 1992].

13.10.310 Acceptance of prohibited discharges.

If any water or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in CMC 13.10.290 and 13.10.300, and which in the judgment of the public works director may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the public works director may:

A. Reject the waste;

B. Require pretreatment to an acceptable condition for discharging to the public sewers at no cost to the city;

C. Require control over the quantities and rates of discharge; and/or

D. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of CMC 13.10.040.

If the public works director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the public works director and subject to the requirements of all applicable codes, ordinances and laws. [Ord. 340 § 32, 1992].

13.10.320 Interceptors.

Including grease, oil, and sand interceptors, etc., shall be provided when they are necessary for the proper handling of liquid wastes containing grease, flammable wastes, sand, solids, acid or alkaline substances or other ingredients harmful to the building drainage system, the public or private sewer, building sewer or to the public or private sewage disposal. Such interceptors may be required by the public works director, in the building permit, or at such time as there is evidence of improper material in the sewage system. All interceptors shall be of the type and capacity approved by the city and shall be located as to be readily and easily accessible for cleaning and inspection. [Ord. 340 § 33, 1992].

13.10.330 Preliminary treatment.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense. [Ord. 340 § 34, 1992].

13.10.340 Control manholes.

When required by the public works director, the owner of any property serviced by a building sewer carrying industrial or commercial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the public works director. The manhole shall be installed by the owner at the owner’s expense and shall be maintained by the owner so as to be safe and accessible at all times. [Ord. 340 § 35, 1992].

13.10.350 Tests and measurements.

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the most recent edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and may be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no control manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the sanitary sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.) [Ord. 340 § 36, 1992].

13.10.360 Special arrangements.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern or other user whereby industrial or other waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the affected concern. [Ord. 340 § 37, 1992].

Article V. Foliage and Trees

13.10.370 Permit to plant.

No person shall plant or allow to be planted in a public sewer right-of-way or easement a tree, shrub or plant without first obtaining a permit at least 10 days prior to planting. The type, location and spacing of trees, shrubs or plants shall be approved by the public works director prior to issuance of a permit. [Ord. 340 § 38, 1992].

13.10.380 Foliage prohibited.

No person shall plant or cause to be planted a balm, poplar, locust, cottonwood or willow in the public right-of-way or easement. [Ord. 340 § 39, 1992].

13.10.390 Interference with sewer line.

Whenever, in the opinion of the public works director, the roots of any tree or shrub have entered a public sewer or building sewer, and are stopping, restricting or retarding the flow of sewage therein, or allowing ground water or other material to enter the system, the public works director shall notify the owner to remove the tree within 30 days. The public works director may remove the tree and assess the costs against the owner of the property if action is not promptly taken. [Ord. 340 § 40, 1992].

13.10.400 Noncompliance with article.

If an owner, agent of the sewer owner or occupant of any premises adjoining and abutting a public right-of-way fails or neglects to comply with the requirements of this article, the city shall cause the work to be done and shall make a verified account and statement of the costs of the work and make a return and file a report with the finance officer, together with a legal description of the lot, part of lot, or acreage of the property liable for the charge, and the name of the owner or reputed owner thereof, or the name of the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor. Thereupon the amount of the costs and expense, the legal description of the property and the name of the owner, reputed owner or the contract purchaser of said real property of record as shown on the last available complete assessment roll in the office of the county assessor shall be entered in the docket of the city liens and the charges shall be a lien upon the property and shall be foreclosed in the same manner as are other liens of the city. [Ord. 340 § 41, 1992].

Article VI. Protection from Damage and Responsibility for Repair

13.10.410 Criminal mischief.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief. [Ord. 340 § 42, 1992].

13.10.420 Responsibility for repair.

A. All building drains and building sewers up to and including the connection point of the building sewer to the public sewer shall be maintained and repaired by the private property owner. The owner shall not permit any rain, surface water, subsurface water or prohibited discharge to enter the building drain or building sewer unless previously approved in writing by the public works director. The owner shall bear all costs and expenses incidental to the maintenance, upkeep and repair of the building drain or building sewer, up to and including the connection point of the building sewer to the public sewer.

B. When two or more building sewers are connected to a private sewer line that is not a public sewer, all persons connected to the private sewer shall be mutually responsible for the upkeep, maintenance and repair of the private sewer, up to and including the connection to the public sewer. A private sewer may become a public sewer only if the public accepts title to the sewer and an easement for entry and repair has been granted to and accepted by the city. [Ord. 340 § 43, 1992].

Article VII. Powers and Authority of Inspectors

13.10.430 Right of entry.

The public works director and other duly authorized employees of the city shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. [Ord. 340 § 44, 1992].

13.10.440 Safety – Indemnification of owner.

While performing the necessary work on private properties referred to in CMC 13.10.430, the public works director or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the owner and the owner shall be held harmless for injury or death to the city employees and the city shall indemnify the owner against loss or damage to its property by city employees and against liability claims and demand for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions, as required in CMC 13.10.420. [Ord. 340 § 45, 1992].

13.10.450 Easements.

The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within that easement. All entry and subsequent work, if any, on the easement shall be done in full compliance with the terms of the duly negotiated easement pertaining to the private property involved. [Ord. 340 § 46, 1992].

Article VIII. Miscellaneous

13.10.460 City installation of storm sewers.

A. Where storm sewers are installed in areas fronting existing platted tax lots within the city, the city shall install catch basins and manholes and shall pay for the excess cost of storm sewer pipe over the cost of 18-inch-diameter pipe, with the property owner paying for 18-inch-diameter pipe or smaller. The city will install all such pipe as furnished by the property owners at their expense.

B. Application. This section shall apply only to existing lots in the city. [Ord. 250 §§ 1, 2, 1981; Ord. 192, 1974].

Article IX. Penalties

13.10.470 Violations.

Any person found to be violating any provision of this chapter except CMC 13.10.410 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. [Ord. 340 § 47, 1992].

13.10.480 Penalty.

Any person who shall continue any violation beyond the time limit provided for in CMC 13.10.470 shall be guilty of an infraction and, on conviction thereof, shall be fined in an amount not to exceed $400.00 for each violation. [Ord. 340 § 48, 1992].

13.10.490 Liability of violator.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, damage or costs of repair or replacement occasioned by the city by reason of such violation. [Ord. 340 § 49, 1992].

13.10.500 Separate violations.

Each day any provision is violated or continues to be a violation after notice is given is a separate violation. Successive notices are not required for successive violations. [Ord. 340 § 50, 1992].