72.1.1 REMOVING MANHOLE COVERS; DISCHARGING SURFACE, ETC. WATERS INTO SEWER.
It shall be unlawful for any person, including any public official or employee, not otherwise specifically authorized by law, to remove or cause to be removed, a manhole cover from a public sewer carrying domestic sewage or industrial waste for the purpose of entering such sewer, or to discharge, deposit or cause to be discharged or deposited surface, drainage or storm waters into a public sewer, unless specific permission is first obtained from the owners and operators of such public sewer or from the officer of the owners and operators of such public sewer authorized to grant such permission. It shall also be unlawful for any person, including any public official or employee, or any person otherwise unauthorized by law, to enter public sewers carrying sanitary sewage or industrial waste, to construct or authorize construction of, a connection to a public sewer or to remove a manhole cover, for the purpose of permitting or causing to be discharged into such public sewer flood, surface or storm waters.
72.2.1 DEFINITIONS.
For the purpose of this Article, the following terms shall have the meanings accorded to them by this Section, unless it is apparent from the context that they are used with a different meaning:
a) Alterations shall mean any change or addition.
b) Chief Engineer shall mean the Chief Engineer of the County Sanitation Districts, or his authorized deputy, agent, representative or inspector.
c) House connection sewer shall mean that part of the horizontal piping beginning twelve (12) inches from the exterior wall of the building and extending to its connection with the public sewer.
d) Lot shall mean any piece or parcel of land bounded, defined or shown upon a plat or deed recorded in the office of the County Recorder, and in accordance with the boundaries of such lot as bounded, defined or shown upon such recorded map, plat or deed; provided, however, that in the event any building or structure covers more area than a lot as herein defined, the term lot shall be deemed to be and include all such pieces or parcels of land upon which such buildings are wholly or partly located.
e) Public sewer shall mean any sewer other than a house connection sewer, which has been accepted by the street superintendent or the Chief Engineer of the County Sanitation District.
f) Repairs shall mean the reconstruction or renewal of any existing part of a structure, or of its fixtures or appurtenances.
g) Street superintendent shall mean the Street Superintendent of the City, or his authorized deputy, agent, representative or inspector.
72.2.2 CONSTRUCTION AND INTERPRETATION OF ARTICLE.
Nothing in this Article shall be deemed or construed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in any public or house connection sewer, except when it is necessary to replace any part or all of such sewer with other or different materials.
The provisions of this Article requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into under proceedings had or taken pursuant to any of the special procedure statutes of the State providing for the construction of sewers and the assessing of the expenses thereof against the lands benefited thereby.
72.2.3 PERMIT REQUIRED; EXCEPTION; APPLICATION.
It shall be unlawful for any person, other than the Chief Engineer of the County Sanitation Districts, to commence, or do, or cause to be done, or to construct, or cause to be constructed, or to use, or cause to be used, or to alter, or cause to be altered, any public or house connection sewer in the City, without first obtaining a permit from the Street Superintendent to do so; provided, however, that in the case of any sanitary sewer which is used by the County Sanitation Districts this provision shall not apply.
Any person desiring a permit, for any of the purposes enumerated in this Section, shall make application in writing to the Street Superintendent, giving such information as he may require, on blanks to be furnished for that purpose, and if it appears therefrom that the work to be performed is to be done according to the regulations contained in this Article, governing the construction of such work, a permit shall be issued upon payment of the fees as fixed by Section 72.2.4.
72.2.4 FEES.
(Amended by O-3267)
The City Engineer shall, before granting any permit upon an application filed in accordance within the provisions of the preceding Section, require payment of a fee in an amount which shall be set by resolution of the City Council from time to time.
72.2.5 PERMIT EXPIRATION.
If the work authorized by a permit is not commenced within sixty (60) days from the date of its issuance, or if the work authorized by such permit and commenced thereunder shall be suspended or abandoned for a period of sixty (60) days, then such permit shall thenceforth be null and void; and before such work can be recommenced, a new permit shall be taken out, and the same fees as fixed for the original permit shall be paid therefor.
72.2.6 RECORD OF FEES TO BE KEPT; INSPECTION; TIME OF PAYMENT INTO TREASURY.
The Street Superintendent shall keep in proper books, an accurate account of all fees received under this Article giving the names and residences of the persons upon whose accounts the same were paid, and the date and the amount thereof, which books shall be open for public inspection. The Street Superintendent shall pay all fees received by him into the City Treasury the following business day.
72.2.7 INSPECTION REQUIRED; DEFECTS TO BE CORRECTED.
All work done under the provisions of this Article shall be subject to inspection. Notice must be given in writing to the Street Superintendent by the person doing such work, or causing the same to be done, immediately after the work is ready for inspection. Up to the time of the inspection, all work must be uncovered and convenient for the inspector’s examination and every facility must be given the inspector to make a thorough examination, If any pipes are enclosed or covered in any way whatsoever, so as to tend to obstruct a thorough inspection of the drainage system, such obstruction must be removed, upon notice to do so from the Street Superintendent, before an inspector shall be required to inspect the work. When, upon examination by the inspector, it appears that any such work is defective, either in its construction or material, the same shall be removed or repaired to conform to the requirements set forth in this Article.
72.2.8 CERTIFICATE OF FINAL INSPECTION.
When it appears to the satisfaction of the Street Superintendent that any work mentioned in this Article has been constructed according to, and meets the requirements of all provisions of this Article, and that all the fees for the inspection thereof have been paid, the Street Superintendent shall cause to be issued to the person constructing such work, a certificate of final inspection, which certificate shall recite that such work as is covered by the permit has been constructed according to the provisions of this Code or any other ordinances of the City and that such work is in a sanitary condition. The Street Superintendent shall not issue such certificate of inspection unless the requirements of this Article have been adhered to.
72.2.9 MATERIAL AND CONSTRUCTION TO COMPLY WITH ALL REQUIREMENTS OF CITY.
The material used shall be equal in quality to, and the manner of construction shall meet all the requirements prescribed by the specifications for public sewers in the City, which may be adopted from time to time as standard specifications for the construction of sanitary sewers and appurtenances thereto by the City Council, and all such work must be constructed or installed in accordance therewith before a certificate of final inspection will be granted by the Street Superintendent.
72.2.10 SEWER CONNECTION REQUIREMENTS.
It shall be unlawful for any person to make or to maintain, or to cause to be made or maintained, any connection with any public sewer of the City, until a permit therefor shall have first been obtained from the Street Superintendent, or to make, or cause to be made, any such connection pursuant to any such permit at any place other than that designated therein.
Every connection made with any public sewer of the City shall be made in the following manner, and with such materials as are hereinafter set forth:
All pipe shall be first class, vitrified, salt glazed, socket pipe or standard cast-iron soil pipe, not less than six (6) inches in internal diameter for that portion extending from the street sewer to the property line, and not less than four (4) inches in internal diameter for that portion extending from the property line to the house or building for house connection sewers serving twenty (20) persons or less, and not less than six (6) inches in internal diameter for all portions of house connection sewers serving more than twenty (20) persons.
A cleanout shall be placed in every house connection sewer at the junction of the soil pipe at the building and at all changes in alignment and grade. The cleanout shall be made by inserting a Y branch in the line with a cap of the same material as the house connection sewer pipe tightly cemented in the bell end of the portion of the "Y" branch which will be used to gain access to the connection.
All vitrified clay pipe shall be laid upgrade on an unyielding foundation and with the socket ends of the pipe upgrade. A narrow gasket of oakum or hemp shall be caulked into each joint, after which the mortar shall be introduced therein. The entire annular space in all pipejoints between the exterior of the spigot and the interior of the socket shall be completely and carefully filled with cement mortar, which shall be composed of one (1) part cement and two (2) parts sand. The connection shall be watertight when completed.
When the condition of the trench is such that it is impossible to secure a watertight cement mortar joint, a sewer joint compound which shall meet the requirements of the standard specifications for public sewers referred to shall be used.
All joints of standard cast iron soil pipe shall be made with pig lead and oakum and shall be thoroughly caulked.
The grade shall be straight from the property line to the public sewer and shall have a wall of not less than one (1) foot in fifty (50) feet towards the public sewer, except where otherwise permitted by special permit in writing from the Street Superintendent.
Vitrified clay piping shall not be placed closer than twelve (12) inches to the exterior wall of any building or closer than twelve (12) inches to the surface of the ground at any point of its course.
Where laid within the limits of a public street, no connection shall be laid less than three (3) feet below the established grade of the same or below the surface, where no grade is established, except by a special permit in writing from the Street Superintendent.
No sewer connection shall be covered or concealed in any way until it has been inspected and approved by the Street Superintendent.
All house connection sewers outside of any buildings shall be tested for leaks or defects in that portion extending from the property line to the upper terminus by a standing test, which shall consist of filling the line with water, the level of which shall be at least four (4) inches above the top of the upper terminal end of such house connection sewer. No test shall be made until at least twenty-four (24) hours after the joints in such pipe have been made, where such joints are cemented joints. Where by reason of excessive fall in such house connection sewers, the static pressure will exceed four (4) pounds per square inch, the line may be tested in sections, such that no section will be subjected to a greater pressure than four (4) pounds.
No house connection sewer shall be approved if any portion thereof, including any fitting, material, work or construction fails to withstand such test without leaking at any point.
It shall be unlawful for any person to connect or cause to be connected, any sewer which has been, or may hereafter be constructed in any street, alley, right-of-way or other public place prior to the dedication and acceptance of such street, alley, right-of-way or other public place by the City Council on behalf of the public, with any public sewer of the City, unless such sewer first mentioned shall have been laid under the supervision and to the satisfaction of the Street Superintendent, or of the Chief Engineer of the County Sanitation Districts and in accordance with the standard specifications above mentioned, and in accordance with plans and profiles approved by the City Engineer or the Chief Engineer.
72.2.11 PUBLIC SEWERS TO BE TAPPED IN PRESENCE OF INSPECTOR; REQUIREMENTS GENERALLY.
Whenever it becomes necessary to connect a house connection sewer to a public sewer at a point where no special Y or T branch has been installed in the public sewer, the connection must be made in the presence of an inspector and in the following manner.
In all public sewers of twelve (12) inches or less in internal diameter, and of ten (10) feet or less in depth, the connection must be made by removing a section of the existing sanitary sewer and inserting a "Y" branch.
In public sewers of from eight (8) inches to twelve (12) inches inclusive, in internal diameter, and more than ten (10) feet in depth, or of fourteen (14) inches or more in internal diameter at any depth, it will be permissible to cut the existing pipe and insert a standard saddle.
The saddle must be fitted snugly against the exterior wall of the public sewer pipe and fastened in place by heavy galvanized asphalt paint coated wire which shall be bound around the main line pipe.
A foundation of cement concrete shall then be placed under and around the saddle, as may be directed by the inspector.
72.2.12 DEPOSITING INDUSTRIAL WASTES, SOLIDS, ETC. IN SEWERS PROHIBITED.
It shall be unlawful for any person to place, throw or deposit, or cause or permit to be placed, thrown or deposited in any public or house connection sewer, any dead animal, offal or garbage, or to place, throw or deposit or discharge, or cause or permit to be placed, thrown, deposited or discharged in any such sewer, any fish, fruit or vegetable waste, or other solid matters, or materials or obstructions of any kind whatsoever of such nature as shall clog, obstruct or fill such sewer, or which shall interfere with or prevent the effective use or operation thereof. It shall likewise be unlawful for any person to cause or permit to be deposited or discharged into any such sewer, any water or sewage, or liquid waste of any kind containing chemicals, greases, oil, tar or other matters in solution, which may, by reason of precipitation, clog, obstruct or fill the same, or which may in any way interfere with or prevent the effective use thereof, or which may necessitate or require frequent repair, cleaning out or flushing such sewer to render the same operative.
72.2.13 DILUTION AND NEUTRALIZATION OF ACIDS AND CORROSIVE LIQUIDS REQUIRED BEFORE DEPOSIT IN SEWERS.
In no case shall acids or corrosive liquids liable to destroy or injure a public or house connection sewer be discharged into such sewer without being fully diluted and neutralized by passing through a properly constructed dilution and neutralizing sink or tank. Such sink or tank shall be automatically provided with a sufficient intake of water or neutralizing medium or substance so as to make its contents noninjurious before being discharged.
72.2.14 RAIN OR SURFACE WATER CONNECTIONS NOT TO BE MADE TO SANITARY SEWER.
It shall be unlawful for any person to connect any roof conductor, yard drain or other conduit used for carrying off rain or surface water with any sanitary sewer of the City or house connection sewer leading thereto.
72.2.15 CONNECTION OF SWIMMING POOL OR TANK TO PUBLIC SEWER PROHIBITED: EXCEPTION.
It shall be unlawful for any person to connect any swimming pool or tank to any public sewer of the City or house connection sewer leading thereto, except by special permit from the Street Superintendent.
72.2.16 SAND TRAP CONSTRUCTION REQUIREMENTS.
It shall be unlawful for any person owning or operating a private or public automobile or carriage wash rack to permit any water or effluent therefrom to flow into any public or house connection sewer, unless such structure shall be trapped by a sand trap constructed of concrete.
The walls and bottom of the trap shall be not less than four (4) inches thick. The inside dimension of the trap shall be not less than five (5) feet long, three (3) feet wide and three (3) feet deep below the bottom of the outlet pipe. The inlet pipe shall be at one end and the outlet pipe at the opposite end of the trap. The pipes shall be not less than four (4) inches in diameter and their tops shall be not less than six (6) inches below the top of the trap.
The outlet pipe shall extend into the outlet compartment of the sand trap as described below and shall be equipped with a four (4) inch T branch set vertically downward. A section of four (1) inch pipe shall extend downward from the T branch to a point not less than twelve (12) inches below the bottom of the outlet pipe. The straight end of the outlet pipe in the sand trap shall be fitted with a stopper or plug.
A baffle wall of concrete or wood, extending entirely across such trap shall be constructed parallel to and twelve (12) inches from the inside of the end wall at the inlet end. The bottom of this baffle wall shall be parallel to and six (6) inches above the bottom of the trap, the top being flush with the top of the trap.
Another baffle wall of concrete or wood extending entirely across the trap shall be constructed parallel to and twelve (12) inches from the inside of the wall at the outlet end of the trap. The top of this baffle wall shall be parallel to and twelve (12) inches below the top of the trap and the wall shall extend down to the bottom of the trap.
The compartment formed by the outlet wall and the baffle wall twelve (12) inches therefrom shall be covered with a solid removable cover.
The remainder of the sand trap shall be covered with a removable grating which may be in sections of any convenient size to facilitate removal for inspection and cleaning of the sand trap.
Such sand traps shall be inspected daily when in use and cleaned as often as necessary for their efficient operation.
It shall be unlawful for any person to connect any cellar drain and shower in basements or in yards, directly with the soil or waste pipe, but such cellar drain or shower shall be trapped by a sand trap of not less than twelve by twelve inches (12" x 12") and constructed of concrete. The walls and floor of every such trap shall be not less than three (3) inches thick, and each trap shall have a cast iron frame and grate cover. The water seal of such trap shall be constructed by inverting its waste pipe. A water seal of less than four (4) inches is prohibited and the minimum size of the waste pipe shall be four (4) inches where trap is not vented Such sand traps shall be cleaned as often as necessary for their efficient operation.
72.2.17 GREASE TRAPS.
It shall be unlawful for any person operating an establishment serving one hundred (100) or more meals per day, or any person owning or operating a private or public automobile or carriage wash rack to permit the wastes from the kitchen sinks or wash racks to flow directly into any public sewer of the City or house connection sewer leading thereto, without first passing the same through grease traps approved by the Street Superintendent.
Grease traps with a guaranteed capacity of twenty (20) pounds of pure grease shall be installed with each kitchen sink or outlet wasting into any public sewer of the City for establishments serving from one hundred (100) to three hundred (300) meals per day. Grease traps with a guaranteed capacity of sixty (60) pounds of pure grease shall be installed for any establishment where more than three hundred (300) meals are served per day, and for the operation of any private or public wash rack as above mentioned.
72.2.18 SAFE WASTE PIPING.
It shall he unlawful for any person to connect any safe waste pipe from any establishment directly to any public sewer of the City or house connection sewer leading thereto, but such safe waste pipe shall discharge into a water supplied sink or discharge outside of the building.
72.2.19 BLOWOFF AND EXHAUST STEAM CONNECTIONS.
It shall be unlawful for any person to cause, suffer, allow or permit the exhaust from any engine, or the blowoff from any boiler to be connected directly to any public sewer of the City or house connection sewer leading thereto, but such exhaust or blowoff shall first connect with a watertight sump which may in turn be connected to the public sewer.
72.2.20 RENEWALS AND ALTERATIONS TO CONFORM WITH ARTICLE.
Upon the renewal or alteration of any public or house connection sewer, or upon the making of any repairs or additions thereto, if any new material is placed in such sewer, either in the original or in the altered repaired or added part thereof, every such new part must be properly connected with and attached to the original part of such sewer, and if any materials are to be reset either in the old or new part of such public or house connection sewer, then both such original and such new additional parts, and any altered part whatsoever, must be made to conform in all respects to the rules and regulations prescribed in this Article.
72.2.21 REMOVING, INJURING, ETC. MANHOLES, FLUSH TANKS, ETC. PROHIBITED.
It shall be unlawful for any person to remove or cause to be removed, or to injure or cause to be injured, any portion of any public sewer, flush tank, flushing manhole or manhole, or to open or enter, or cause to be opened or entered, any public sewer, flush tanks, flushing manhole or manhole, or to use or cause to be used, or to take or cause to be taken, any water from any flushing apparatus for any use whatsoever, without first obtaining a permit from the Street Superintendent to do so.
72.2.22 RIGHT-OF-WAY PREREQUISITE TO CONNECTION TO PUBLIC SEWER WHERE CONNECTION CROSSES LOT OTHER THAN LOT ON WHICH BUILDING OR STRUCTURE IS LOCATED.
No connection from any building or structure shall be made to any public sewer, which connection, or any portion thereof, shall be in under or upon any lot, other than the lot on which such building or structure is located, unless a public right-of-way for such sewer line is granted across such lot or parcel of land not actually occupied by the building in question.
For the purpose of this Section, the term "structure" shall include the group of buildings of a "house court," which is hereby defined to be a parcel or area of land upon which are grouped three (3) or more habitations used, or designed to be used, for occupancy by families, and upon which parcel or area the vacant or unoccupied portion thereof surrounding or abutting upon such habitations is used, or intended to be used, in common by the inhabitants thereof. A habitation is defined to be a room or combination of rooms used, or designed to be used for the occupancy of human beings.
All buildings constituting a house court, as above defined, may be connected to the public sewer by means of one (1) private sewer located upon the lot or parcel of land upon which such house court is situated.
72.3.1 DEPOSITS WITH CITY TREASURER; AMOUNT TO BE ESTIMATED BY CITY ENGINEER.
One or more property owners desiring to have public sewer facilities constructed to serve their property and not wishing to have such sewer facilities constructed under an assessment district and bond issue, may deposit with the City Treasurer an amount which in the estimation of the City Engineer will be sufficient to cover the entire cost of such construction, including preparation of plans and specifications. Such moneys so deposited shall not draw interest.
72.3.2 PREPARATION OF PLANS AND SPECIFICATIONS.
If, in the opinion of the City Engineer, sewer facilities are necessary and the construction thereof feasible, under the provisions of the preceding section, he shall prepare plans and specifications for the construction thereof.
72.3.3 CALLING FOR BIDS; ACCEPTANCE OR REJECTION BY CITY COUNCIL.
Immediately after plans and specifications are prepared, under the preceding section, the City Engineer shall call for bids and submit the same to the City Council for acceptance or rejection.
72.3.4 PROCEDURE WHERE AMOUNT DEPOSITED IS INSUFFICIENT TO COVER COST OF WORK.
If the amount estimated by the City Engineer, as set forth in Section 72.3.1. is not sufficient to cover the entire cost of sewer construction, including the preparations of plans and specifications, either at a bid price or by force account, the City Engineer shall notify the property owners involved of the additional amount necessary to do such work. Within ten (10) days thereafter, such property owners shall deposit such additional amount with the City Treasurer. Should the property owners fail to deposit such additional amount, the City Engineer shall present a statement to the City Treasurer showing all expenditures on behalf of the proposed sewer construction. The City Treasurer shall thereafter refund to the property owners all the money deposited by them, except that amount shown by the City Engineer’s statement to have been expended on behalf of the proposed construction.
72.3.5 DEPOSITS NECESSARY TO COVER COSTS TO BE PLACED IN GUARANTEED DEPOSIT ACCOUNT.
When the full amount necessary to cover the entire cost of construction, under this Article, has been deposited with the City Treasurer, it shall be placed in a guaranteed deposit account against which only charges for the sewer construction shall be drawn.
72.3.6 COST TO BE PRORATED UPON COMPLETION OF WORK.
Immediately after the completion of sewer construction, under this Article, the City Engineer shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to the sewer in proportion to the frontage thereof, or if the lots be irregular in shape, then in such manner as may, in the opinion of the City Engineer, provide an equitable distribution of costs.
72.3.7 EXCESS MONEYS TO BE REFUNDED TO PROPERTY OWNERS.
After all proper charges for the entire cost of sewer construction has been paid, under this Article, the excess, if any, remaining on deposit with the City Treasurer shall be refunded to the property owners in proportion to the amount contributed by them.
72.3.8 PAYMENT OF PRORATED CHARGE PREREQUISITE TO CONNECTION.
In no event shall any owner of property benefited by the construction of a sewer, under this Article, be permitted to connect thereto without first paying the prorated charge placed against such property by the City Engineer.
72.3.9 OWNERS TO ENTER INTO CONTRACT UPON COMPLETION OF WORK.
Immediately upon the completion of the sewer construction, under this Article, the property owners who have contributed thereto shall enter into a contract with the City as provided in the following Section.
72.3.10 AUTHORITY OF CITY ENGINEER TO ENTER INTO CONTRACT; CONDITIONS.
The City Engineer is hereby authorized, on behalf of the City, to enter into a written contract with the property owners, depositing funds, under the provisions of this Article, which contract shall contain, among other things, the following conditions:
a) No property owner shall be permitted to connect to the sewer unless he has first paid the charge placed against the property as provided for in Section 72.3.8
b) The City shall endeavor to collect the charges and cause the sum so collected to be refunded as provided in subsection c) of this Section, but shall not be liable for any failure to make such collection or refund.
c) All sums so paid by any property owner shall be refunded to the property owner who deposited the amount necessary to complete the sewer in the proportion that the amount contributed bears to the entire cost, until the property owner has received the entire amount deposited by him less that portion prorated against his own property.
d) If the entire amount has not been refunded as provided in subsection c) of this Section within a period of fifteen (15) years from the date of the contract, the same shall terminate and be of no further force or effect.
e) No charge made or payment collected shall bear interest.
72.3.11 PERSONS ENTITLED TO REFUND TO KEEP ADDRESS ON FILE WITH TREASURER; NOTICE WHERE ADDRESS UNKNOWN; LIMITATION UPON TIME AS TO COLLECTION.
Any person entitled to any refund under the provisions of this Article shall keep on file with the City Treasurer his correct mailing address. In the event the City Treasurer is unable to locate any person entitled to receive a refund, he shall send a written notice to such person by registered mail, to the last address filed by such person with him. Such written notice shall contain a statement of the amount of such refund and shall also advise such person that if the refund is not called for within one (1) year from the date of such notice, all rights of such person to that particular refund will be forfeited. After the period of one (1) year, the City Treasurer shall pay the amount total to all other persons entitled to refunds in their proper proportion as provided for in this Article. If there be no other persons entitled to refunds, the same shall be paid into the general fund of the City.
72.3.12 PAYMENT OF CONNECTION CHARGE REQUIRED PRIOR TO CONNECTION WITH SEWER.
No person shall connect any property with the public sewer without first paying the connection charge provided for in Section 72.3.8.
72.3.13 RIGHT OF PROPERTY OWNERS TO HAVE SEWER FACILITIES CONSTRUCTED IN LIEU OF DEPOSITING FUNDS.
In lieu of depositing the funds called for in Section 72.3.1. the City Engineer shall be authorized to allow any property owners referred to in such Section to have constructed such sewer facilities by themselves, or through their own contractual arrangements; provided, however, that whenever such sewers are constructed by any property owners privately, then, and in such an event, such property owners shall file with the City Engineer a verified statement of the cost expended therefor, which costs shall be used by the City Engineer in his proration of the entire costs thereof as set forth in Section 72.3.6. This shall constitute an alternative means of constructing sewer facilities and providing for a partial refund of costs.
72.4.1 DEFINITIONS.
(Amended by 3368)
The following words and phrases shall for the purposes of this Article have the meanings respectively ascribed to them in this Section:
a) Occupant shall include and mean every owner, tenant, occupant or person who is in possession of, or who is the inhabitant of, or who has the care and control of any real property.
b) Real Property shall include any lot or parcel of land, whether used for residential, commercial, industrial or any other use from which lot or parcel sewage is discharged into the Torrance sanitary sewer system, whether such real property is located inside or outside the City of Torrance.
c) Sewer Discharge Fee shall mean a fee based upon the amount of domestic water used upon the real property.
d) Sewer Baseline Fee shall mean the portion of the sewer discharge fee used for, but not limited to, the ongoing maintenance of the Torrance sanitary sewer system and as may be set periodically by resolution.
e) Sewer Supplemental Fee shall mean the remaining portion of the sewer discharge fee after the sewer baseline fee is apportioned thereof and as may be set periodically by resolution.
72.4.2 LIABILITY FOR COLLECTION OF SEWER FEE.
This City Council finds and determines that the operation, maintenance, repair, upkeep and periodic reconstruction of the Torrance sanitary sewer system benefits all occupants or real property who discharge sewage into the Torrance sanitary sewer system, and therefore, all such occupants are made liable for the payment of such sewer discharge fees as may from time to time be set by resolution of the City Council.
72.4.3 COLLECTION OF FEES.
a) All fees established by the provisions of this Article for the discharge of sewage shall be collected by adding the same to the water bills rendered to customers of the Torrance Municipal Water Department whenever it is possible to do so.
b) All monies paid pursuant to the provisions of subsection (a) of this Section, shall be applied first to satisfy sewer discharge, and any remaining balance of such payments shall be applied to charges for water service.
c) The fees for sewer discharge added to said water bills shall be for the period covered by such bills, and shall be payable at the same time and in the same manner as such bills.
d) For the purpose of subsections (a) and (c), the occupant shall be the person to whom the water bill is addressed.
e) Whenever it is not practicable to add said sewer discharge fees to said water bills, the Director of Finance shall cause bills to be rendered for such fees in advance, which bills shall be payable in the same manner as prescribed for water bills in Chapter 6 of Division 7 of this Code.
f) Any fee imposed pursuant to this Article shall be a civil debt owing the City from the occupant of the real property where the sewer discharge originates.
72.4.4 DEPOSITS AND REFUNDS.
A deposit may be required of any occupant whenever, in the opinion of the Director of Finance, such deposit is necessary to insure prompt and satisfactory payment of sewer discharge fees. In the event that any occupant having to his credit a deposit of sewer discharge fees shall, for any reason, discontinue such service, the deposit shall first be applied to any sewer discharge fees remaining unpaid and any remaining balance of the deposit shall be refunded.
72.4.5 DISCHARGE FEE SEPARATION.
(Added by O-3368)
The sewer discharge fee is separated into two fees, the baseline fee and the supplemental fee.
72.4.6 RECOVERY OF DELINQUENT SEWER DISCHARGE FEES.
(Added by O-3764)
a) Sewer discharge fees that are not paid within 15 days of the billing date shall be subject to a basic penalty not to exceed 10 percent for the nonpayment of sewer discharge fees, in accordance with California Health and Safety Code Section 5473.10, or any successor provision. An additional penalty not to exceed one and one-half percent per month for the unpaid sewer discharge fees and the basic penalty may also be imposed.
b) Sewer discharge fees that remain delinquent for a period of 60 days shall constitute a lien against the property for which the sewer service was provided in accordance with the procedures stated in California Health and Safety Code Section 5473.11, or any successor provision.
c) Delinquent sewer discharge fees may be collected on the tax roll in the same manner and at the same time as general taxes, pursuant to California Health and Safety Code Section 5473a, or any successor provision. The City of Torrance may also seek other collection methods as provided by law.