Chapter 15.06
SEWER UTILITY REGULATIONS

Sections:

15.06.010    Purpose.

15.06.020    Definitions.

15.06.030    Application.

15.06.040    Permits.

15.06.050    Ownership.

15.06.060    Required connections.

15.06.070    Engineering and design standards.

15.06.080    Construction requirements.

15.06.090    Inspections and tests.

15.06.100    Sewer system maintenance.

15.06.110    Rates, fees and charges.

15.06.120    Dispute resolution of fees, costs and charges.

15.06.130    Industrial waste discharge.

15.06.140    Other prohibited discharges.

15.06.150    Easements.

15.06.160    Trees and shrubs.

15.06.170    Right of entry for inspection.

15.06.180    Enforcement.

15.06.190    City liability.

15.06.200    Conflict of provisions.

15.06.210    Severability.

15.06.010 Purpose.

These provisions are set forth pursuant to the city of Mercer Island’s police power to protect, promote and preserve the public health, safety and welfare. The purpose of this code shall be liberally construed to provide for the planning, security, design, construction, use, maintenance, repair and inspection of public and private sanitary sewer systems; to establish programs and regulations to provide for the appropriate use of public and private sanitary sewer systems. (Ord. 14C-03 § 2).

15.06.020 Definitions.

For purposes of this chapter, the following terms shall have the following meanings.

A

“As-built” means a final drawing of the actual installation of the structures, materials and equipment in a form required by the city engineer.

B

“Backwater valve” means a device that is privately owned and installed on the resident’s side sewer and prevents sewage from backing up into the structure.

“Building” means a structure having a roof and entirely enclosed on all sides, but excluding trailers, mobile homes, and all other forms of vehicles even though immobilized.

C

“Capital recovery charge” means a monthly charge imposed on improvements, developments, redevelopments or existing structures that place additional demand on the sewer system. The capital recovery charge shall be based on an allocation of the utility plant in-service costs plus interest and the number of single-family equivalents served by the sewer system.

“City” means the city of Mercer Island.

“City engineer” means the city of Mercer Island’s city engineer or designee.

“Connection charges” means charges imposed as a condition of providing utility service so that each connecting property bears its equitable share of the costs of the public sewer system and the utility’s share of the cost of any regional sewer collection system and of the costs of facilities that benefit the property. Connection charges can include latecomer charges, capital recovery charges and direct facilities charges.

E

“Easement” means a grant of one or more of the property rights or privileges by the property owner to and/or for use or protection of a portion of land, by the public, a corporation or another person or entity that runs with the land.

“Engineering standards” means the city’s utility engineering standards, as established by the city code and/or the city engineer, which include minimum standards for the design and construction of water, storm and surface water drainage and sanitary sewer facilities.

F

“Finance director” means the city of Mercer Island’s director of finance or designee.

“FOG” means fats, oils and grease.

I

“Industrial waste” means any liquid, solid or gaseous substance or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, business, trade or research, including development, recovering or processing of natural resources.

L

“Licensed side sewer contractor” means any person, partnership, corporation or association duly qualified and competent to do work incident to the construction or repair of side sewers under permits issued under this code and who shall have been duly licensed.

“LID” means local improvement district, which permits the city to finance capital improvements that provide benefit to public properties within its boundaries. It is a method by which a group of property owners can share in the cost of sanitary sewer infrastructure.

P

“Pretreatment device” means any approved device, structure, system or method used and maintained for the purpose of bringing a waste stream within acceptable limits and standards of quality prior to its discharge to the public sewer system.

“Private sewer system” means any part of the sewer system that is not part of the public sewer system.

“Property owner” or “owner” means any individual, company, partnership, joint venture, corporation, association, society, group or entity that owns or has a contractual interest in the subject property or has been authorized by the owner to act on his/her behalf, including but not limited to an agent, contractor, applicant, or developer.

“Public sewer system” means the sewer system owned and operated by the city.

S

“Sewage” means waste discharged from the sanitary facilities of buildings and includes industrial wastes.

“Sewer facility” means any facility for the conveyance or storage of sewage, whether part of the public sewer system or a private sewer system, which is connected to or intended to be connected to the public sewer system.

“Sewer main” means any pipe designed or used to transport sewage, owned by the city, excluding side sewers.

“Sewer plan” or “general sewer plan” means the comprehensive wastewater plan for the utility, as adopted by the city.

“Sewer pretreatment” means the treatment of industrial waste before discharge to the public sewer system.

“Sewer service” means providing for the disposal of sewage from a structure into the public sewer system.

“Side sewer” means a private pipe and related appurtenances extending from the sewer main to the connection with a building.

“Side sewer stub” means that portion of the side sewer connected to the right-of-way or easement extending from the sewer main.

“Standard plans and specifications” means any rules, regulations, policies and procedures issued by the city’s engineer, including, but not limited to, water systems, sewer systems, storm drainage systems, road construction and street improvements, traffic control, and erosion control plans.

“Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

“Structure” means a combination of materials constructed and erected permanently on, in or under the ground or attached to something having permanent location on, in or under the ground.

U

“ULID” means utility local improvement district, which permits a city to finance capital improvements that provide benefit to public properties within its boundaries. It is a method by which a group of property owners can share in the cost of sewer infrastructure. (Ord. 14C-03 § 2).

15.06.030 Application.

A. Applicant. An application for a side sewer permit shall be signed and made by the owner of the property to be served or by a licensed side sewer contractor representing the owner of the property.

B. Easements. Copies of all executed easements associated with the side sewer application must accompany the application. Where a side sewer is to be installed across a separate legally established lot from which the side sewer will serve, the applicant for the side sewer permit must first show proof that a duly executed easement has been obtained from the owner of the lot and recorded with the King County recorder’s office. The property owners shall have all easement(s) recorded with King County before a permit will be issued for construction, in a format approved by the city engineer.

C. Required Information. In making application for a side sewer permit, the applicant shall furnish an approved drawing showing the size and location of structures on the property, the owner’s name, address and legal description of the property to be served, and the location of any easements. The full course of the proposed side sewer from the public sewer in the street to the structure shall be shown on the drawing. The city engineer may request other information as deemed necessary for the proper evaluation of the application.

D. Contractor Credentials. An applicant for a side sewer permit must present evidence, acceptable to the city engineer, of a valid Washington State contractor’s license and city business license for the contractor who will be performing the work, and such other credentials as required by the city engineer to establish competence to perform the work proposed. (Ord. 14C-03 § 2).

15.06.040 Permits.

A. Applicant must obtain all necessary and required permit approvals prior to commencing any construction of a side sewer or any modification of any existing side sewer.

B. No permit will be issued for side sewer construction before the public or private sewer main is accepted by the city. Prior to the issuance of a side sewer permit, the city engineer shall establish that a sewer main of sufficient size and suitable type and condition is available for the connection. A permit, which includes side sewer work in a right-of-way or public sewer easement, will only be issued to a licensed side sewer contractor. A permit that includes side sewer work only on private property may be issued to the owner or to a licensed side sewer contractor. Other than a licensed side sewer contractor, the owner is the only person authorized to install and repair side sewers on private property.

By accepting the side sewer permit, the property owner acknowledges that the inspector or authorized representatives shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measuring, sampling, testing of sewers and sewage waste, and performing all other acts or duties as they relate to the side sewer permit.

C. The contractor’s side sewer permit shall be available on the project site and must be readily accessible to the city engineer.

D. Permits expire two years from the date of issuance. The property owner may petition the city for an extension of the permit for up to one year, provided the city receives payment for any applicable fees. Open applications for permits shall be canceled by the city within one year from the date of submittal if the applicant fails to submit any requisite or additional information requested by the city.

E. If an application for a permit is denied, the property owner may appeal the city engineer’s decision by submitting a written application for appeal, together with the applicable fees, within 14 days of the date of denial. The appeal will be heard before the city’s hearing examiner. (Ord. 14C-03 § 2).

15.06.050 Ownership.

A. City Ownership of Sewer Facilities. The sewer system is owned and operated by the city, except to the extent that private ownership is otherwise indicated as a matter of record. Such public facilities typically include mains, pump stations or manholes.

B. Private Ownership of Area Sewers. Side sewers are owned by the property owner. Property owners shall be responsible for the development, maintenance, and repairs of side sewers and their appurtenances. Side sewers, whether located in a public or private place, shall be owned, installed, operated, and maintained by the owner or occupant of the property or premises served unless otherwise described in an easement, maintenance agreement or other legal document. This includes the pipe system up to, but not including, manufactured tees/wyes, or mechanical connections to the public main. (Ord. 14C-03 § 2).

15.06.060 Required connections.

All structures which contain facilities for the disposal of sewage shall be connected to the public sewer system. (Ord. 14C-03 § 2).

15.06.070 Engineering and design standards.

A. General. The property owner is responsible for providing an adequate and qualified design for the installation of all sewer facilities required by this code.

B. Sewer Facility Requirements. Whenever property is developed or redeveloped, sewer mains shall be extended through and to the extremes of the property being developed, as required by the city, when needed for the orderly extension of the public sewer system. Whenever property is developed or redeveloped in any way such that sewage discharge is changed in content or volume, new sewer facilities shall be required whenever necessary to:

1. Meet hydraulic capacity requirements; or

2. Replace or relocate existing facilities as required or authorized by the city; or

3. Meet industrial waste pretreatment requirements.

C. Side Sewer Design.

1. A maximum of six residential properties may be connected to a single side sewer. When a side sewer serves more than one property, all of the following shall be required:

a. A cleanout immediately upstream of the connection between the shared side sewer and individual side sewer;

b. Installation of a backwater valve on each side sewer;

c. Connection to the public sewer system shall be made with manhole with minimum inside diameter of 48 inches.

2. Where physical conditions render compliance with city side sewer requirements impracticable, the city may require compliance insofar as is reasonably possible; provided, that the property owner(s) execute and deliver to the city an instrument, in a form furnished by the city, agreeing to hold harmless and indemnify the city for any damage or injury resulting from such installation. The city may require that such instrument be recorded against the property with the King County recorder’s office. (Ord. 14C-03 § 2).

15.06.080 Construction requirements.

A. Standards. Construction standards shall be as described in this chapter and the city’s standard drawings. The city engineer may designate the manner and place where the side sewer shall connect to the public sewer system, specify the material, size and grade of the side sewer, and determine whether or not a permit is needed.

B. Side Sewer Construction.

1. Side sewers shall be constructed as described in this chapter and the city’s standard drawings. All side sewers shall be laid on a minimum slope of one-quarter-inch of fall per linear foot for four-inch diameter pipe and a minimum of one-eighth-inch of fall per linear foot for six- inch diameter pipe or greater. The city engineer may waive this requirement only if the following circumstances have been met:

a. A backwater valve is installed on all side sewers; and

b. The property owner of the side sewer shall assume all responsibility for the effective operation of any backwater valve; and

c. The property owner submits a release in a form approved by the city engineer in which the property owner agrees to hold the city harmless from any and all damage resulting therefrom.

2. The property owner shall be responsible for determining the available grade between building drain and sewer tee or stub.

3. In any case where the building is too low to permit gravity flow to the public sewer, the same shall be lifted by artificial means and discharged into the public sewer.

4. All connections shall be made to the wye or stub out assigned at the time the permit is issued, and no side sewer belonging to another owner shall be used unless written permission for such use is obtained and presented with the side sewer application.

5. If a building sewer is to serve more than one property, all property owners shall execute and record a valid easement and maintenance agreement which include assurances that all the properties involved have perpetual use of the side sewer, and provisions for maintenance and access for repair purposes.

6. If a side sewer is to serve two or more residential units, the use of a six-inch diameter pipe shall be specified. A six-inch cleanout extending to within 12 inches of the ground surface will be required at the wye where the upper-grade connections are made.

7. All side sewers servicing a single residential unit shall be of a four-inch diameter pipe or larger. All side sewers servicing multiple dwellings, commercial establishments, schools, or any building other than single-family residences shall be of a six-inch diameter pipe or larger and the city engineer may require a manhole connection at the sewer main.

8. Any existing connections to a septic tank, cesspool or privy vault will be removed and direct connection made to the building. In all cases, such cesspool or septic tank shall be properly disinfected and filled with suitable material or removed.

9. The city engineer may allow the use of any existing side sewer, if it conforms to all existing codes and standard drawings in cases where a new or converted building replaces an existing building.

10. All water front side sewers, or any other side sewers within the hydraulic gradient area shall include a cleanout at a point two feet above the lake front sewer maximum hydraulic gradient. The cleanout shall consist of a wye and a riser, both of the same size as the side sewer located in the hydraulic gradient area. The riser shall be extended to within 12 inches of finished grade and capped with an approved mechanical plug.

11. Whenever a side sewer is to be abandoned, said sewer shall be capped at the connection to the public sewer system with a mechanical plug or other means acceptable to the city engineer.

C. Pipe Materials.

1. The following types are acceptable for standard side sewer installations:

a. Plain concrete.

b. Reinforced concrete.

c. Solid wall polyvinyl chloride (PVC).

d. Ductile iron, cement mortar lined, push-on joint, or mechanical joint, class 50 (minimum).

e. Solid wall high density polyethylene (HDPE).

2. Side sewers on lake front lines, or areas within the hydraulic gradient area, shall be six-inch ductile iron pipe for that area located between the lake front connection and a point two feet above the maximum hydraulic gradient as determined under emergency overflow conditions. Joints shall be rubber gasket, either mechanical or restrained. Between the point two feet above the hydraulic gradient and house connection, the installation will be standard. (Ord. 14C-03 § 2).

15.06.090 Inspections and tests.

A. Service Sewer Test. Side sewers shall be tested for leakage in the presence of the city engineer in accordance with the standard drawings and current version of the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction.

B. Tentative Test. The property owner may conduct a tentative test prior to backfilling the trench at the time of inspection of the pipe-laying. However, the final acceptance test for leakage shall be made following backfill of all but the inspection tee, so that the complete backfill load will be on the pipe. (Ord. 14C-03 § 2).

15.06.100 Sewer system maintenance.

The city is responsible for the maintenance of the public sewer system. Owners of private sewer systems, side sewers, and backwater valves are solely responsible for maintenance and operation of such. (Ord. 14C-03 § 2).

15.06.110 Rates, fees and charges.

A. Establishment. The city shall establish rates, charges and fees for sewer use and related services; such rates are in addition to connection charges and fees for specific services. The city may establish classifications of customers or service, using any method or methods authorized by law.

B. Adjustments. The rates, fees and charges shall be evaluated periodically as part of the review and adoption of the biennial budget. The finance director may recommend adjustments as necessary and justified to meet revenue requirements, and the city shall adjust the schedule for said rates, fees and charges accordingly.

C. Computation, Meters Required. Rates and charges for all property owners shall be measured by water consumed on the premises, whatever the source of such water, and the same shall be metered by a public utility meter.

Charges against all property to which service is available shall begin upon connection or occupancy. Charges against property having new construction shall begin 90 days after connection, occupancy following the valid issuance of a occupancy permit, or measured water consumption, whichever occurs earliest. Sewage disposal service charges shall be computed and billed separately and shall become due and payable by the due date. The director of finance may suspend sewer charges after commencement of construction or extensive reconstruction where water service has previously been installed, when the premises are incapable of being occupied due to such construction or reconstruction.

D. Water Leakage. Upon receipt of satisfactory evidence of hidden or underground water leakage, the director of finance may adjust the sewage charge to the premises for water so lost; provided, that no such adjustment shall be made for leakage occurring more than four months prior to the date of application.

E. Delinquency. All charges unpaid before the first day of the next succeeding bimonthly billing charge shall be deemed delinquent. Delinquent charges may accrue interest and penalties. Delinquent charges, penalties and interest thereon so certified shall be a lien against the property to which such sewage disposal service charges are applicable. As an additional and concurrent method of the collection of any such sewerage rate or charge, the city may cut off the water service or supply from the property to which such rate or charge for sewerage has attached until such rates and charges are paid in full.

F. Sprinkling or Irrigation. Water metered exclusively for irrigation sprinkling or fire service by premises will not be charged correspondingly for sewer. If a property owner can provide proof which shows that a portion of all water used is lost by evaporation, irrigation, sprinkling or other cause, and has a “deduct” meter or comparable measuring device to enable measurement of the amount of water so used or lost, no charge shall be made for sewerage because of water so used or lost, except that in no case will the minimum charge be adjusted or reduced. The proof provided and the deduct meter or comparable measuring device must be approved by the finance director.

G. Liability for Sewage Disposal Charges. The city’s sanitary sewer collection system operates on a ready-to-serve or availability-to-serve basis and, therefore, all structures are subject to sewage disposal service charges whether or not occupied or connected. Liability for sewage disposal charges shall only be terminated when structures are condemned or razed and the water meter has been certified by the city as being removed. If a property owner wishes to terminate service and relieve his property from liability for future sewage disposal charges, the property owner shall notify the city not less than 30 days prior to the proposed termination date.

H. Installation and Permit Costs. The property owner shall be responsible for all installation costs and fees and charges for all requisite permits as set by the city, regardless of whether the work is done by the city or by the owner.

I. Connection Charges.

1. The city shall collect connection charges, in order that each connecting property shall bear its equitable share of the cost of the public sewer system. The connection charge is the property owner’s equitable share of the established costs of the facilities that the owner benefits from.

2. Connection charges shall be paid before a property is allowed to connect to the public sewer system. Connection charges not previously paid, such as charges for new facilities that directly benefit the property, shall be paid when the property undergoes, either at one time or cumulatively through more than one project, a substantial remodeling or more substantial improvement or if an improvement or cumulative improvements significantly impact downstream system capacity.

3. Facilities costs that may be covered in a connection charge include, but are not limited to, stubs built from the sewer main to the property line, pump stations and mains.

4. Connection charges that have been paid as a result of development activities on the property or through participation in an LID or ULID shall not be reassessed.

5. The finance director is authorized to adjust the connection charges as needed. (Ord. 14C-03 § 2).

15.06.120 Dispute resolution of fees, costs and charges.

If a property owner or customer wishes to dispute any rate, fees or charges assessed under this section, the property owner shall file a written request within 14 days of the date of the bill to the finance director, together with any proof in support thereof. The finance director shall review the request submitted and respond via a written decision within 30 days. (Ord. 14C-03 § 2).

15.06.130 Industrial waste discharge.

A. General. The city has established a program intended to prevent, control and correct the discharge of fats, oils and greases, and industrial waste within the public sewer system which could cause blockages, operational failures or premature degradation of the public sewer system.

B. Pretreatment of Discharges. The city shall require the pretreatment of discharges to the public sewer system, except single-family residences, if necessary to prevent and/or correct hazardous, dangerous, or explosive conditions or blockage, operational failure or premature degradation of the public sewer system. Notwithstanding the above, all restaurants and food-processing businesses shall install pretreatment methods, such as grease interceptors, oil-water separators, and other best available technology, to reduce or eliminate FOG discharges.

C. Sampling and Inspection Tees and Manholes. Sampling and/or inspection tees or manholes in the side sewer connection(s) to the public sewer system may be required in all connections except single-family residential connections. Inspection tees and manholes enable the city to monitor and test the discharge for compliance with city requirements or to allow monitoring and testing in accordance with the rules and regulations of other federal, state or local agency having governmental or contractual jurisdiction within the city service area.

D. Authority. The city engineer is authorized to:

1. Determine when waste pretreatment is required and establish standards regarding prohibited discharge of fat, oil or grease (FOG) in amounts that may inhibit or interfere with the performance of the city sewer system;

2. Establish criteria for acceptable interceptors or other pretreatment devices.

E. Discharge Prohibited.

1. General Prohibition. No FOG in amounts that may inhibit or interfere with the performance of the city sewer system shall be discharged into the city sewer system without the installation of a pretreatment device of a type and capacity to be approved by the city engineer, and located as to be readily accessible for cleaning and inspection.

2. Specific Prohibition. It is unlawful to discharge or cause to be discharged into the city sewer system any unacceptable levels of water or waste as determined by the city engineer.

3. Pretreatment devices, such as grease interceptors or other devices approved by the city engineer, shall be installed in commercial kitchens where FOG in amounts that may inhibit or interfere with the performance of the city sewer system may be discharged into the city sewer system.

4. Interceptors or other pretreatment devices must comply at a minimum with the Uniform Plumbing Code, as now existing or hereafter amended.

F. New Construction of Commercial Kitchens. New construction for commercial kitchens that may discharge FOG in amounts that may inhibit or interfere with the performance of the city sewer system, and particularly any commercial kitchen that will be required to install a Type I hood pursuant to the International Mechanical Code, Section 507, requires installation of a pretreatment device approved by the city engineer.

G. Retrofit in Existing Buildings.

1. Ongoing Businesses.

a. Compliance with Discharge Prohibitions Required. Any commercial kitchen that may discharge FOG in amounts that may inhibit or interfere with the performance of the city sewer system, and particularly any commercial kitchen required to install a Type I hood pursuant to the International Mechanical Code, Section 507, that is conducting an ongoing business in an existing building or facility that does not have an effective pretreatment device as of the date of passage of the ordinance codified in this section shall take measures to ensure that it is not in violation of the discharge prohibitions of this section by no later than 12 months from such date.

b. Methods. An ongoing business may comply with the requirement of subsection (G)(1)(a) of this section by either installing a pretreatment device approved by the city engineer, or developing and implementing a discharge management plan acceptable to the city engineer which shall specify effective disposal practices and require proof of adherence to those practices that shall be made readily available to the city engineer for inspection.

2. Change of Owner or Operator of Ongoing Business or Commencement of New Business in Existing, Renovated or Remodeled Facility. Any change of owner or operator of an ongoing business or any new business using a commercial kitchen that may discharge FOG in amounts that may inhibit or interfere with the performance of the city sewer system, and particularly any commercial kitchen required to install a Type I hood pursuant to the International Mechanical Code, Section 507, commencing business in an existing, renovated or remodeled building or facility shall install a pretreatment device approved by the city engineer prior to commencement of business.

3. Cost. All costs incurred in retrofitting an ongoing or new business in an existing, renovated or remodeled facility shall be the sole responsibility of the owner or operator, unless otherwise determined by the city engineer.

H. Responsibility for Installation, Operation and Maintenance.

1. Responsibility for Expense. All pretreatment devices shall be installed, operated, and maintained at the owner’s expense.

2. Maintenance Required. Pretreatment devices shall be kept in continuous, efficient and effective operation. Regular maintenance shall include periodic removal of the accumulated waste material in accordance with best management practices (BMPs) developed by the city engineer. No such collected discharge shall be introduced into the public sewer system and shall be disposed of in accordance with all local, state and federal regulations.

3. Records Required. Records of disposal and proper maintenance shall be kept by the owner or operator in accordance with best management practices (BMPs) and submitted to the city engineer annually on or before December 31. (Ord. 14C-03 § 2).

15.06.140 Other prohibited discharges.

No person shall discharge or cause the discharge of any of the following wastes into the public sewer system, by direct or indirect means:

A. Flammable liquids, solids or gases capable of causing or contributing to an explosion or supporting combustion in any public sewer facility or side sewer connection to the public sewer system, such as, but not limited to, gasoline, kerosene, paint, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, or any other substances that the city, King County, any state agency or the Environmental Protection Agency have identified as a fire hazard or a hazard to the system;

B. Any solid or viscous substance or particles in a quantity, either by itself or in combination with other wastes, that is capable of obstructing flow or interfering with the operation or performance of the public sewer system;

C. Any gas or substance that, either by itself or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry by authorized personnel to pump stations and other sewer facilities;

D. Any gas or substance that, either by itself or by interaction with other wastes, may cause corrosive structural damage to the public sewer system;

E. Heated substances in amounts that prevent entry into public sewer facilities by authorized personnel or that adversely impact facilities;

F. Food waste that cannot pass through a one-fourth-inch sieve;

G. Any radioactive wastes or isotopes that exceed such concentration limitations as established by applicable Washington State Department of Health regulations;

H. Trucked and hauled wastes, except as approved by the city, and discharged at designated locations;

I. Storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted waste water and/or any water or wastes generated during construction activities, unless specifically authorized by the city;

J. Substances that may cause excessive foaming in the public sewer system;

K. Any wastes or substances which exceed local discharge limits of, or are prohibited by, any other federal, state or local agency having governmental or contractual jurisdiction within the sewer service area;

L. Any other products which may cause a backup in the city’s sewer system, such as cleaning cloths, heavy paper products, mop heads, pet pads, personal care and hygiene products. (Ord. 14C-03 § 2).

15.06.150 Easements.

An easement, in a form approved by the city engineer, is required whenever:

A. A public sewer facility will be built on private property; or

B. A private sewer facility will be built over two or more legally established lots; or

C. A side sewer will serve two or more properties. (Ord. 14C-03 § 2).

15.06.160 Trees and shrubs.

A. No person shall plant within 35 feet of any public sewer any willow, poplar, cottonwood, soft maple, gum tree, or any other tree or shrub whose roots are likely to enter and obstruct the flow of sewers.

B. The property owner is responsible for preventing any vegetation, including trees and shrubs, from extending from within the owner’s property into any right-of-way or public sewer easement where the trees, shrubs or roots thereof obstruct or have the potential to obstruct a public sewer.

C. Notwithstanding Chapter 19.10 MICC, the city engineer may require, at the owner’s expense, the removal of any trees and shrubs from such area or public easement, or the roots of any trees and shrubs which extend into any such area or public easement when such trees and shrubs or the roots thereof are obstructing or have the potential to obstruct any public sewer. (Ord. 14C-03 § 2).

15.06.170 Right of entry for inspection.

Any designated city official may enter the private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by this code. If entry is refused, the city official shall have recourse to every remedy provided by law to secure entry. (Ord. 14C-03 § 2).

15.06.180 Enforcement.

Failure to comply with any applicable provisions under this chapter shall be deemed a violation. Each day that any violation or failure to comply exists may be construed as a separate offense. Enforcement proceeds under this chapter shall follow the processes and procedures set forth in MICC 19.15.030(C), (D), (E), (F), (G) and (H). (Ord. 14C-03 § 2).

15.06.190 City liability.

A. Nothing contained in this chapter is intended to or shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of property owners or responsible parties to comply with the provisions of this chapter, engineering standards, or related manuals, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued in connection with the application or enforcement of this chapter, engineering standards, or related manuals, or by reason of any action or inaction on the part of the city related in any manner to the application or enforcement of this chapter, engineering standards, or related manuals by the city, its officers, employees, or agents.

B. Nothing in this chapter, engineering standards, or related manuals shall impose any liability on the city or any of its officers, employees, or agents for cleanup or any harm relating to sites containing hazardous materials, wastes or contaminated soil.

C. Nothing contained in this chapter, engineering standards, or related manuals shall require city involvement or enforcement of this chapter for private disputes occurring between property owners.

D. If sewer service becomes temporarily unavailable due to a system failure, emergency, construction or maintenance or other unforeseen circumstance, the city is not responsible for costs or damages incurred by property owner, tenant or customer due to an interruption in service, whether planned or unplanned. (Ord. 14C-03 § 2).

15.06.200 Conflict of provisions.

Should a conflict occur between the provisions of this chapter, the engineering standards or manuals adopted by the city, or between this chapter, the engineering standards and related manuals with laws, regulations, codes or rules promulgated by other authority having jurisdiction within the city, the most restrictive requirements shall be applied, except when constrained by federal or state law, or where specifically provided otherwise in this chapter. (Ord. 14C-03 § 2).

15.06.210 Severability.

If any provision of this chapter, engineering standards, or related manuals, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this chapter, engineering standards, or related manuals, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this chapter are declared to be severable. (Ord. 14C-03 § 2).