Chapter 13.04
SEWER CONNECTIONS
Sections:
Article I. Sewer Connections Generally
13.04.010 Interfering with sewer – Supervision required.
13.04.020 Penalty for violation of EMC 13.04.010.
13.04.030 Connecting branch sewer to public sewer – Permission required.
13.04.040 Sewer connection required.
13.04.050 Permit required – Application – Sewer line responsibility.
13.04.060 Discharges prohibited on city or private property.
13.04.070 Cesspools, drains or conduits containing offensive substances – Cover required.
13.04.080 Nauseous or offensive premises, cesspool, privy or vault prohibited.
13.04.100 Enforcement of article – Noncompliance – Board action.
13.04.110 Penalty for violation of EMC 13.04.040 through 13.04.100.
Article II. Mandatory Sewer Connections
13.04.130 Sewer pipe installation and footage allowed.
13.04.140 Variance granting – Conditions.
13.04.150 Appeal when variance denied.
13.04.160 Revocation of variance.
13.04.170 Failure to connect plumbing to sewer – Notice to owner – Lien – Collection of assessment.
Article I. Sewer Connections Generally
13.04.010 Interfering with sewer – Supervision required.
It is unlawful for any person to interfere or connect with or in any way or manner disturb any of the sewers belonging to the city, except under the direct supervision of the superintendent of public works or his deputy or those employed under him, who are excepted from the provisions of this chapter. (Ord. 68 § 010, 1970)
13.04.020 Penalty for violation of EMC 13.04.010.
Any person convicted of the violation of any of the provisions of EMC 13.04.010 shall be punished by a fine of not less than $10.00 nor more than $200.00 or by imprisonment in the city/county jail for not less than 10 days nor more than 100 days, or by both such fine and imprisonment. (Ord. 68 § 020, 1970)
13.04.030 Connecting branch sewer to public sewer – Permission required.
Any person, firm or corporation who may desire to connect a branch sewer to any of the public sewers belonging to the city must obtain the permission of the superintendent of public works, who must either have one of his employees to do the work, or actually superintend the same himself or by deputy. (Ord. 68 § 030, 1970)
13.04.040 Sewer connection required.
A. No person, firm or corporation shall construct, maintain or suffer to be or remain on his or its premises, or under his or its control, any privy, privy vault, cesspool, urinal, sink, drain, or bathtub, unless the same is connected, in case there is a sewer in the street on which the premises are situated, with such sewer. And every and all such connection with such sewer shall communicate with a dwelling house and shall be constructed with a trap or other apparatus which will effectually prevent the escape of all gases therefrom.
B. Existing septic tanks serving houses that are unable to connect to sewer mains shall be governed by the following:
1. The city will purchase new septic tanks when needed and will maintain said tanks within existing city boundaries if persons are unable to connect with sewer mains.
2. Replacement installations of said tanks will be done by and at the expense of property owners.
3. The city shall assume no responsibility for the installation or maintenance of leach lines of the sewer lines leading from a house to a septic tank.
4. All tanks and tank installations shall meet with Siskiyou County health and building department standards.
5. If it shall become feasible due to changes in mains, etc., any person currently utilizing septic tanks shall, as soon as possible, connect to the city sewer mains under regulations currently in effect. (Ord. 68 § 040, 1970)
13.04.050 Permit required – Application – Sewer line responsibility.
A. No connection shall be made with or to any sewer under any public street or alley in the city except pursuant to written permit issued by the city clerk.
B. Any person, firm or corporation desiring to make a connection to or with any such sewer pursuant to EMC 13.04.040 must make a written application therefor to the city clerk, at the City Hall, setting forth the name of the applicant, the description of the premises for which sewer connection is desired, the date on which connection will be made and the place at which connection will be made. Such application must be signed by the applicant, or in the case of a firm or corporation by its duly authorized member or agent.
C. At the time of presentation of such application, the applicant shall pay to the city clerk the sewer connection charge, hereinafter provided for. No application shall be accepted, nor any permit issued by the city clerk until such payment is made.
D. The city clerk, upon presentation of such application in proper form, and payment of the sewer connection charge, shall issue to the applicant a permit authorizing the desired connection upon the terms and conditions following:
1. No connection to or with any such sewer shall be made except under the direct supervision of the superintendent of public works, or his duly authorized representative.
2. No actual physical connection to existing sewer mains, lines or pipes shall be made by the applicant or his agent, but that in all such cases, the city, by its authorized employee, shall make the tap and connect thereto the first joint of sewer pipe, at which joint the applicant shall make his connection. The applicant shall furnish all necessary materials for such connection. Such pipe and material as used shall be specified by the superintendent of public works.
3. In no event shall any such sewer connection be made or laid from the connecting joint to the house or other structure which is to be served at any grade other than that which shall be specified by the director of public works, in person or by his duly authorized representative, is directed upon the presentation to him of any such application, to furnish the applicant the necessary data establishing the grade at which the connecting line shall be laid.
4. No such connecting line shall be laid or constructed otherwise than in conformity with specifications of the city plumbing code.
5. No such connecting line so laid and made shall be covered or backfilled until the same shall have been inspected by the superintendent of public works, or his duly authorized representative, and covering or backfilling by him authorized, which authority shall in no event be by him given until such connection and connecting line shall conform to the requirements hereof.
6. The applicant shall, promptly upon the approval of the connection and connecting line, proceed to cover the same and backfill the trench wherein the same shall be laid.
E. All persons, firms, or corporations taking or receiving sewer service from the city sewer system shall pay a monthly service fee as designated by resolution of the council.
F. All connections to sewer, pursuant to permit, shall be made in a good and workmanlike manner and any connection not so made shall be broken by the superintendent of public works unless promptly modified upon his direction to do so.
G. All sewer line shall be the responsibility of the property owner until said line dumps into the city sewer main. (Amendment dated 7/17/78; Ord. 68 § 050, 1970)
13.04.060 Discharges prohibited on city or private property.
No person, firm or corporation shall permit the discharge from any privy, privy vault, cesspool, urinal, sink, drain, bathtub, or private drain or sewer to connect with or run into or upon any street, lane or alley of the city, or upon the surface of the ground or upon the property or premises of another. (Ord. 68 § 060, 1970)
13.04.070 Cesspools, drains or conduits containing offensive substances – Cover required.
Every person, firm or corporation who shall keep or maintain any cesspool, drain or conduit within the city (providing connections cannot be made, as provided in EMC 13.04.040, with a sewer) in or through which any fetid or offensive substance, whether liquid or solid, is allowed to run, accumulate or remain, and which in its nature is liable from exposure to become offensive to the senses or to health, shall keep the same covered to the depth of not less than two feet in thickness of solid earth. (Ord. 68 § 070, 1970)
13.04.080 Nauseous or offensive premises, cesspool, privy or vault prohibited.
No person, firm or corporation shall suffer or permit any premises belonging to or occupied by him or it, or any cellar, vault, privy, urinal, pool, sewer or private drain thereon or therein, to become nauseous, foul, offensive or prejudicial to public health or comfort. (Ord. 68 § 080, 1970)
13.04.090 Nuisance declared.
Any privy, privy vault, cesspool, urinal, sink, drain, bathtub, sewer, conduit or place which does not conform to the conditions and requirements as set forth in this chapter and any privy, privy vault, cesspool, urinal, sink, drain or bathtub which shall remain unconnected with the sewer as provided in EMC 13.04.040 for the space of two weeks after notice from the board of health is a public nuisance. (Ord. 68 § 090, 1970)
13.04.100 Enforcement of article – Noncompliance – Board action.
The board of health is authorized and empowered to see that the provisions of this chapter are carried out and complied with, and if after two weeks’ notice to the party owning or having the same in control such person, firm or corporation shall fail or neglect to make the changes ordered by the board of health in order to conform to the requirements of this article, then the board may make such changes and the expense shall be at the cost of the party to whom such notice and order shall be given. (Ord. 68 § 100, 1970)
13.04.110 Penalty for violation of EMC 13.04.040 through 13.04.100.
Every person violating any of the provisions of EMC 13.04.040 through 13.04.100 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $5.00 and not to exceed $50.00, or be imprisoned in the city/county jail not less than five days and not to exceed 50 days or by both such fine and imprisonment. (Ord. 68 § 110, 1970)
Article II. Mandatory Sewer Connections
13.04.120 Definitions.
Except as used in the Uniform Plumbing Code, as used and for the purpose of this article, the following words and terms shall have the meanings respectively ascribed to them by this section, unless it shall be apparent from the context that a different meaning is intended:
A. “Building inspector” means the building inspector of the city and shall include his authorized deputies or representatives.
B. “Cesspool” means an excavation in the ground which receives discharge from any sanitary plumbing facility.
C. “Health officer” means the health officer of the city and includes his authorized deputies or representatives.
D. “House connection sewer” means that portion of the horizontal sewer piping which extends from the building or structure to the property line of the public right-of-way or easement.
E. “Public sewer” means any main line sewer constructed in any street, highway, alley, place or right-of-way dedicated for public use. Such term shall not include sewer laterals or house connection sewers.
F. “Septic tank” means a watertight receptacle which receives the discharge of a drainage system, designed and constructed so as to retain solids, digest organic matter through a period of detention, and to discharge liquids into the soil outside of the tank through a system of open joint piping.
G. “Sewer lateral” means that portion of the horizontal sewer piping within the public right-of-way which extends from the public sewer to the street property line or limit of public right-of-way or easement. (Ord. 68 § 210, 1970)
13.04.130 Sewer pipe installation and footage allowed.
A. One hundred feet of sewer pipeline on city property shall be included with the hookup charge. Any excess footage required to cover the distance between the sewer main and property line shall be installed by the city personnel at a rate to be negotiated at current costs.
B. If property owners wish city department of public works to complete the installation of the sewer lines to the dwelling or structure, all costs shall be paid by the property owner and shall be negotiated at current cost rates. (Ord. 68 § 220, 1970)
13.04.140 Variance granting – Conditions.
The city council is authorized to grant revocable variances from the strict application of EMC 13.04.040 when all of the following conditions exist:
A. When, in the opinion of the health officer of the city, a private sewerage disposal system would be adequate and safe for the disposal of the waste discharge from the building or structure and would not constitute a menace to the public health; and
B. When the city council finds, that because of special circumstances applicable to the building or structure, including its size, shape, location, surroundings and topography of the property upon which it is located, the strict application of EMC 13.04.040 would constitute an undue hardship upon the owner of the property. (Ord. 68 § 230, 1970)
13.04.150 Appeal when variance denied.
Any person denied a variance pursuant to EMC 13.04.140 by virtue of the failure of the city to find the facts required by EMC 13.04.140(B) may, within five days after notice of the determination of the city council, appeal the denial thereof to the council of the city by filing with the city clerk a written request for a review of the decision of the council and stating facts supporting such a request. The city clerk shall place the matter upon the council’s agenda and the council shall, within 30 days after such filing, affirm, modify or reverse the decision insofar as the required finding are concerned. (Ord. 68 § 240, 1970)
13.04.160 Revocation of variance.
Any variance from the strict application of this article, granted pursuant to EMC 13.04.140, shall be revoked by the city council upon receipt of notice from the health officer of the city that the private sewerage disposal system constructed in lieu of the compliance with EMC 13.04.040 constitutes a menace to public health. (Ord. 68 § 250, 1970)
13.04.170 Failure to connect plumbing to sewer – Notice to owner – Lien – Collection of assessment.
A. Whenever any plumbing in any structure is not connected to a public sewer, and the owner of such structure does not have a valid variance from the terms of the strict application of EMC 13.04.040, the health officer may, or if ordered by the council of the city shall, serve written notice upon the owner of such property to connect all plumbing to the public sewer. If such owner, after 30 days, has refused, neglected, or otherwise failed to connect such plumbing, together with all toilets, sinks, and the other plumbing therein, properly vented and in a sanitary manner, to the nearest available public sewer, the city may construct the same, and the person, firm or corporation doing the work at the request of the health officer shall have a lien upon the real property for his work done and materials furnished and such work done and materials furnished shall be held to have been done and furnished at the instance of such owner or reputed owner, or person claiming or having any interest therein. The city may pay all persons who furnished labor, materials, or equipment for the same, and, to the extent that the city pays the cost or price of the connection, it shall succeed to and have all the rights, including the lien provided for above, of such person or persons against the real estate and against the owner thereof.
B. As an alternative power to the enforcement of the lien provided for in this section, the city council may, by order entered upon its minutes, declare that the amount of the costs of such work and the administrative expenses incurred by the city incident to the proceedings, together with other charges uniformly applicable within the jurisdiction of the city council for the connection of the premises to the public sewer, shall be transmitted to the assessor and tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. (Ord. 68 § 260, 1970)