Chapter 13.08


13.08.010    Definitions.

13.08.020    Nonconnection when.

13.08.030    Application—Contents generally.

13.08.040    Application—Provisions.

13.08.050    Application—Investigation and report—Denial or granting.

13.08.060    Application—Consideration of—Right of entry.

13.08.080    Authority to increase or decrease charges.

13.08.090    Nonliability of city for service interruption or failure.

13.08.100    Exemption from connection charges.

13.08.110    Annual billing—Nonpayment—Action by city.

13.08.120    Application for increased use—Form.

13.08.130    Disconnection.

13.08.140    Existing users not required to pay additional sum.

13.08.150    Penalty for violations.

13.08.010 Definitions.

A.    “Outside sewer connections” when used in this chapter is defined as any connection with any sewer line of the city, whether within or without the corporate limits of the city, whereby sewage of any type is discharged into such sewer line from any residence, place of business or other location outside of the city corporate limits.

B.    “Person” as used herein includes the plural as well as the singular and also includes any firm, corporation or association. (Ord. 122 § 1, 1954).

13.08.020 Nonconnection when.

The sewer system of the city including all trunk lines, outfall sewers, treatment and disposal works, sewer farms, settling beds and all other appurtenances thereto and parts thereof as well as all new construction, replacements and other works that may hereafter be installed or constructed are and at all times shall be constructed and maintained for the use and benefit of the city and its inhabitants, and no outside connection to the sewer system shall be permitted to be made or to be continued, if in the opinion of the city council, such connection or such continuance in use is apt to overtax the capacity of such sewer system or disposal works or any part thereof. (Ord. 122 § 2, 1954).

13.08.030 Application—Contents generally.

Any person desiring to make any outside connection to the sewer system of the city shall file with the city clerk, a written application therefor on a form to be approved and provided by the city council, which form together with such other information and terms as the city council may, from time to time, provide by resolution, contain and set forth the location where such connection to the city sewer system is desired to be made, the location of the premises to be served by such connection and the purposes for which such premises are used or proposed to be used, and unless such premises consist solely of a single family dwelling, such application shall designate the number and type of fixtures or other equipment from which sewage will be discharged into the sewer system from the premises. Such application shall also contain the provisions set out in Section 13.08.040. (Ord. 122 § 3 (part), 1954).

13.08.040 Application—Provisions.

The application provisions are as follows:

A.    Applicant agrees so long as the sewer connection is maintained, to pay to the city annually, in advance, from date of granting this application, such sum as the city council may, from time to time, establish by ordinance for the privilege of maintaining such connection, provided that applicant may cause the connection to be disconnected from the city sewer line at his own expense and subject to the approval of the proper inspection officer of the city having charge of sewer inspections, within thirty days after the next day on which the annual charge would fall due after notice of such change in rate, whereupon such right to maintain such connection as well as applicant’s obligation to pay the annual charge shall be terminated. Applicant is depositing herewith the sum of one hundred dollars being the amount fixed by the city council as a charge for outside connection in addition to the annual charge, which sum shall be returned to applicant in case such application is denied, or in case applicant shall not be willing to pay the service charge set by the city council for the first year. Upon granting such application no connection shall be made with the city sewer unless applicant shall pay the first year’s charge fixed by the city council within ten days after written notice of such amount.

B.    Applicant agrees that right to maintain such connection may be terminated by the city council by resolution at any time when in the opinion of the city council the maintaining or use of such connection is apt to or will overtax the city sewer system or any part thereof, and that the connection may be discontinued for the purpose even though other outside sewer connections are permitted to be used. Applicant agrees that such action of the city council shall be final and not subject to review or appealed from by court action or otherwise.

C.    This application when granted by the city council and accepted by payment of the first year’s charge shall constitute a contract between applicant and the city and shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the applicant including all of the applicant’s successors in interest in the premises served by the connection. (Ord. 122 § 3 (part), 1954).

13.08.050 Application—Investigation and report—Denial or granting.

Upon the filing of such application the same shall be referred by the city clerk to the city engineer who shall investigate the matter and report to the city council, whether or not in his opinion, the granting and use of such connection is apt to or will overtax the sewer system of the city or any portion thereof and whether or not the application should be granted. Such application with such report shall thereupon be referred to the city council which may make or cause to be made such further investigation or report as it shall deem proper, whereupon the city council may in its absolute discretion deny the application or grant the same with or without such conditions or restrictions as it may deem advisable, and shall, if such application be granted, specify the annual charge applicable to the premises under Section 13.08.070 hereof. (Ord. 122 § 4, 1954).

13.08.060 Application—Consideration of—Right of entry.

Each application for an outside connection shall be considered independently of all others and may be granted or denied irrespective of the action taken by the city council on other similar applications. The city council may consider, among other factors, the question as to whether the premises desired to be connected are so located that it would be more to the interest of the city to have same brought into the city by annexation rather than to permit outside connections, or whether future construction within the city would be apt to overtax or completely utilize the portion of the sewer line to which it is desired to make such connection. The enumeration of such factors herein shall not be construed as prohibiting the city council or the city engineer from considering and acting upon any other factors which in its discretion, it may deem pertinent. All outside connections shall be made at the expense of the applicant and such connections together with all portions of the private sewer so connected shall be subject to inspection by the proper city inspectors, and shall be constructed under the specifications of all city ordinances applicable to construction of sewers and all fixtures discharging into the same, in like manner, as if those premises were located within the city limits, and applicant shall pay for inspection thereof as provided by the ordinances of the city, and the officers of the city may enter the premises at all reasonable times to inspect the same, in like manner, as if the premises were within the corporate limits of the city. (Ord. 122 § 5, 1954).

13.08.080 Authority to increase or decrease charges.

All outside sewer connections with the sewer system of the city, whether made before or after February 9, 1954, are revocable by resolution by the city council in its absolute discretion, and the annual charge therefor may be increased or decreased by ordinance by the city council in its absolute discretion. So long as the person using such outside connection shall not be in default in the payment of annual charges or otherwise, no revocation or change of rate shall take effect during the portion of the year for which such charge has been paid in advance. (Ord. 122 § 7, 1954).

13.08.090 Nonliability of city for service interruption or failure.

The city shall not be liable for any interruption in service or failure thereof resulting from sewer repairs, reconstruction or other interruption or discontinuance of service. (Ord. 122 § 8, 1954).

13.08.100 Exemption from connection charges.

The city council recognizes that at the time of constructing the original outfall domestic sewer on Walnut Avenue, the city council promised owners of parcels of land fronting on the north side of Walnut Avenue along said sewer line free connection with the sewer line for one single-family dwelling for each parcel of land under any one ownership so long as the original sewer line was in use and did not require replacement. That the promise was made in consideration of the waiver of the landowners of any right they might have to object to the construction of the sewer at any time, and the city council is directed to take the situation with respect to the parcels into consideration so long as the original sewer line remains in operation and does not require replacement and may in its discretion continue to waive payment of any annual charges for connections from such parcels during such continuance in use of the original sewer line. (Ord. 122 § 9, 1954).

13.08.110 Annual billing—Nonpayment—Action by city.

The city clerk shall bill the occupants of all premises having outside connections with the sewer system of the city annually for the amount then chargeable against the premises for the ensuing year, together with all accrued charges, if any there be, and if any such sums remain unpaid for thirty days after the date when same became due and payable from the respective parcels, the city council may cause same to be collected by suit or may declare the right to continue such connection forfeited or may have such other right or remedy as to it shall seem proper. (Ord. 122 § 10, 1954).

13.08.120 Application for increased use—Form.

Any increase in use of such outside connection over and above that specified in the application therefor shall be made with the city council by a new or supplemental application which shall be of the same form and subject to the same procedure as the original application, except that no new deposit need be made on filing the same. (Ord. 122 § 11, 1954).

13.08.130 Disconnection.

In case of a forfeiture of the right to continue the use of an outside connection for failure to pay charges or other breach of the terms of this chapter or other fault on the part of the user, the user thereof shall disconnect his sewer from the city sewer at his own cost and expense and in a manner acceptable to the city sewer inspector within thirty days after notice of such forfeiture and in default of such disconnection being made by the user, the city may cause same to be made and collect the cost thereof from the user by suit.

In case where a disconnection is ordered by the city council where the user is not in default, the city shall cause such outside connection to be disconnected without cost to the user. (Ord. 122 § 12, 1954).

13.08.140 Existing users not required to pay additional sum.

This chapter shall not be construed as requiring an additional payment of one hundred dollars for connection charge by persons who have already paid the sum for existing connection with the city sewer outside the city. Persons having existing outside sewer connections who have paid in advance the annual charge for maintaining such connections heretofore fixed by resolution of the city council shall not be required to pay any additional sum for the portion of the year remaining after March 8, 1954 for which the charge has so been paid in advance. (Ord. 122 § 15, 1954).

13.08.150 Penalty for violations.

Any person violating any provision of this chapter including the maintenance of any connection or discharge of sewage into such sewer line from the outside premises after such use has been forfeited or right to maintain such connection has been discontinued by resolution of the city council, is guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding five hundred dollars, or imprisonment in the city jail or the county jail for not exceeding thirty days or by both such fine and imprisonment. Each day during which connection is being maintained or used in violation of this chapter shall constitute a separate cause. (Ord. 122 § 13, 1954).