Chapter 4.05
SEWER REPAIRS

Sections:

4.05.010    Definitions.

4.05.015    Liability of Owner.

4.05.020    Liability of City.

4.05.025    Repair of Sewer Laterals.

4.05.030    Repair of Sewer Mains.

4.05.035    Liens.

4.05.040    Interest.

4.05.045    Notices.

4.05.010 Definitions.

For the purposes of BC 4.05.010 through 4.05.045 the following mean:

Repair – Repair, restoration or maintenance.

Sewage – The water-carried waste from residences, businesses, buildings, institutions, industrial establishments or other establishments, together with such ground or surface water as may be present.

Sewer – A pipe or conduit for carrying sewage.

Sewer lateral – A sewer that connects to a sewer main and terminates on abutting or other real property and that is constructed, used or maintained for the purpose of carrying sewage from the real property to a sewer main.

Sewer main – A sewer in which all owners of abutting or other real property have rights to its use and benefit and that is controlled by the City.

4.05.015 Liability of Owner.

Except as provided in BC 4.05.020, the owner of real property on which a sewer lateral terminates shall be liable for the costs, expenses, and charges incurred in the repair of the sewer lateral.

4.05.020 Liability of City.

The City shall be liable for the costs, expenses and charges for the repair of a sewer lateral that has been constructed by or on behalf of the City, if the repair is made necessary because of faulty materials, improper construction or because of work done by or on behalf of the City in the repair, alteration or improvement of the street, alley or right-of-way in which the sewer lateral is located.

4.05.025 Repair of Sewer Laterals.

A. If repair of a sewer lateral becomes necessary and requires work in a street, alley or public right-of-way, the repair may be made by the owner of the real property or the owner’s agent where the sewer lateral terminates. However, the owner or the owner’s agent shall first:

1. give written notice to the director of the operations department (hereafter operations director) of the necessity of the repair and of the owner’s intention to make the repair;

2. execute a bond in favor of the City in an amount to be determined by the City engineer, with a surety licensed to do business in the State, to guarantee the completion of the work contemplated and the repair of any streets, curbs, sidewalks or sewer mains that may be damaged during the repair of the sewer lateral; and

3. obtain a permit to repair the sewer lateral from the City engineer.

B. If the operations director determines that the repair of a sewer lateral is necessary for the proper functioning of the sewer lateral, the City may repair it or employ a private contractor after first giving notice of its intention to do so to the owner of the real property where the sewer lateral terminates, unless the owner, within 30 days after receiving the City’s notice, gives written notice to the operations director of the owner’s intention to have the repair made and thereafter diligently performs the work after complying with the provisions of subsection A.

C. If the operations director or other official of the City, the County health department or State Board of Health determines that a sewer lateral constitutes a health hazard or creates a danger to persons or property, the City, may immediately perform or employ a private contractor to immediately perform the required work without giving notice.

4.05.030 Repair of Sewer Mains.

If a sewer main requires repair because of the roots of trees, shrubs or other plants that are growing into or near the sewer main, the owner of the real property on which the trees, shrubs or other plants are located, or if the trees, shrubs or other plants are located on a street, the owner of the abutting real property, shall be liable for the costs, expenses and charges incurred by the City in the repair of the sewer main.

4.05.035 Liens.

Within 30 days after the City completes the repair of a sewer lateral or sewer main for which the property owner is liable, the operations director shall certify the costs, expenses and charges to the finance director. The finance director shall notify the owner of the costs, expenses and charges and that unless the costs, expenses and charges are paid within 30 days, they shall become a lien on the owner’s property. Unless the owner files written objection within 30 days of receiving notice, the finance director shall enter the costs, expenses and charges in the City lien docket and they shall become a lien on the property involved and conclusive to all parties. If the owner files written objection within 30 days of notice, the Council shall set a date for a hearing on the objections and give notice of the hearing to the objector at least ten days before the date of the hearing. The Council shall at the time specified hear the matter and make a determination which shall be conclusive unless an appeal is taken to the circuit court for Washington County within 30 days after the determination is made. If the time in which an appeal can be taken has expired and no appeal is pending, the finance director shall enter the lien in the City lien docket.

4.05.040 Interest.

The cost, expenses and charges incurred by the City in the repair of a sewer lateral or sewer main for which the owner of the property involved is liable shall accrue interest beginning 30 days after the notice of costs, expenses and charges is given to the owner.

4.05.045 Notices.

Notices required of the City under BC 4.05.010 through 4.05.045 shall be given by mailing the notice to the last known address of the person to be notified as shown on City records or the last available complete assessment roll in the office of the county assessor. The time when the notice is deposited in the mail in Beaverton, Oregon, shall be considered the time when the notice is given. Proof of giving notice may be made by the certificate of the person mailing the notice.