Chapter 12.04


12.04.010    Duty of owner.

12.04.020    Notification by city – Penalty for violation.

12.04.030    Failure to connect.

12.04.040    Waiver of provisions – Temporary installation.

12.04.050    Prohibited connections.

12.04.060    Winter water waste.

12.04.010 Duty of owner.

(a)    It shall be the duty of every owner of real property in the city to connect such property to the city’s sewer system when:

(1)    Such property is within 300 feet of a public sewer and there is located thereon a residence, building or other structure which produces, or is designed to produce, sanitary sewage or any wastewater other than exclusively those wastes listed in KMC 12.08.180 which are prohibited from being discharged into the public sewer; or

(2)    The city has determined that the public health, safety and welfare requires a connection.

(b)    If any part of any residence, building or other structure described in subsection (a)(1) of this section cannot be served by gravity into the city sewer lines the owner of such property shall be responsible for providing, installing and maintaining a sewer lift station to service the property. (Ord. 1080 § 1, 1986; Ord. 930 § 2, 1980)

12.04.020 Notification by city – Penalty for violation.

When a public sewer has been constructed, tested, and, in the opinion of the DPW, is available for side sewer connections the city shall notify all owners of real property required to connect to such public sewer under KMC 12.04.010. A property owner shall make such connections not later than 90 days after the date of such notice. Any owner who fails to connect any such property within such time period, and in the manner required in this title, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in KMC 12.10.010. Each day during which no connection is made shall be deemed to be a separate offense and is punishable accordingly as provided in KMC 12.10.010. (Ord. 1080 § 2, 1986; Ord. 930 § 2, 1980)

12.04.030 Failure to connect.

In the event the owner fails or neglects to connect their property to the public sewer as required by this title, the city, in addition to any other remedy, may make proper sewer connections from the property to the public sewer under the direction of the DPW, and the owner of said property shall be personally liable for the cost thereof, and in addition thereto the cost thereof shall be levied against the property, and such cost shall bear interest at the rate of 10.5 percent per year, and such cost and interest shall be a lien against the property, which lien shall be enforceable as provided in AS 09.45.170 through 09.45.220. Such lien shall be prior and paramount to all other liens or encumbrances against the property except those for property taxes or special assessments. Such cost and interest may be collected by a personal action brought in the name of the city or by foreclosure of the lien, or both. (Ord. 1080 § 3, 1986; Ord. 930 § 2, 1980)

12.04.040 Waiver of provisions – Temporary installation.

(a)    The city may waive the provisions of KMC 12.04.010, 12.04.020 and 12.04.030 and permit temporary installation and use of on-site treatment, provided:

(1)    The site and planned installation is approved by the Alaska Department of Environmental Conservation; and

(2)    The installation meets the standards and specifications of the Uniform Plumbing Code as adopted by the city.

(b)    A permit for use of on-site treatment shall only be valid until such time as a public sewer is installed within 300 feet of the lot, or property, and for 90 days after the date the DPW notifies the owner of the availability of such public sewer line. Upon expiration of such 90-day period, no owner, occupant or other person shall be permitted to use on-site treatment and the provisions of KMC 12.04.010, 12.04.020, and 12.04.030 shall apply. The city may grant a longer period of time within which to connect where the DPW determines that:

(1)    The costs of connecting are prohibitive due to unusual terrain or the need for an excessively long sewer line; or

(2)    The present residence, building or other structure is condemned or uninhabitable as determined by the DPW.

(c)    No building, structure or property shall be occupied unless and until properly connected to a sewer as provided in this title or is served by an approved on-site treatment facility as provided herein. (Ord. 1080 § 4, 1986; Ord. 930 § 2, 1980)

12.04.050 Prohibited connections.

The following connections to the sanitary sewer system are prohibited: gutter drains, downspouts, stormwater collection systems, cesspools, septic tanks, privy vaults, cisterns, or footing drains, or any type of connection which contributes, or could contribute, any discharge into the system of any prohibited wastes as defined in KMC 12.08.180. (Ord. 930 § 2, 1980)

12.04.060 Winter water waste.

No water which can be identified as winter water waste shall be expended or allowed into the sanitary sewer system. (Ord. 930 § 2, 1980)