Chapter 13.10


I. Definitions

13.10.010    BOD (denoting biochemical oxygen demand).

13.10.020    Building drain.

13.10.030    Building sewer.

13.10.040    City.

13.10.050    Combined sewer.

13.10.060    Garbage.

13.10.070    Industrial waste.

13.10.080    Natural outlet.

13.10.090    Person.

13.10.100    pH.

13.10.110    Private sewer.

13.10.120    Properly shredded garbage.

13.10.130    Public sewer.

13.10.140    Sanitary sewer.

13.10.150    Sewage.

13.10.160    Sewage treatment plant.

13.10.170    Sewage works.

13.10.180    Sewer.

13.10.190    Shall and may.

13.10.200    Slug.

13.10.210    Storm drain.

13.10.220    Superintendent.

13.10.230    Suspended solids.

13.10.240    Unsanitary.

13.10.250    Watercourse.

II. Privies, Cesspools, Etc.

13.10.260    Prohibited deposits.

13.10.270    Prohibited discharges.

13.10.280    Privies, cesspools, etc.

13.10.290    Connection to sewer required.

III. Private Disposal Systems

13.10.300    Private disposal system.

13.10.310    Permit required.

13.10.320    Abandonment.

13.10.330    Sanitation.

13.10.340    Additional requirements.

13.10.350    Connections.

IV. Building Sewers

13.10.360    Unauthorized connections.

13.10.370    Permits.

13.10.380    Owner responsibility – Indemnification of city.

13.10.390    Separate service.

13.10.400    Old building sewers.

13.10.410    Specifications.

13.10.420    Elevation.

13.10.430    Prohibited use.

13.10.440    Connections.

13.10.450    Inspection.

13.10.460    Barricades and lights – Restoration of public ways.

V. Use of Public Sewers

13.10.470    Discharge of stormwater and other specific unpolluted waters prohibited.

13.10.480    Stormwater discharge – Industrial cooling water.

13.10.490    Discharge of dangerous, toxic and poisonous waters and viscous substances prohibited.

13.10.500    Controlled discharges.

13.10.510    Acceptance of prohibited discharges.

13.10.520    Interceptors.

13.10.530    Preliminary treatment.

13.10.540    Control manholes.

13.10.550    Tests and measurements.

13.10.560    Special arrangements.

VI. Foliage and Trees

13.10.570    Permit to plant.

13.10.580    Foliage prohibited.

13.10.590    Interference with sewer line.

13.10.600    Noncompliance with code.

VII. Protection from Damage and
Responsibility for Repair

13.10.610    Criminal mischief.

13.10.620    Responsibility for repair.

VIII. Powers and Authority of Inspectors

13.10.630    Right of entry.

13.10.640    Safety – Indemnification of owner.

13.10.650    Easements.

IX. Penalties

13.10.660    Violations.

13.10.670    Penalty.

13.10.680    Liability of violator.

13.10.690    Separate violations.

I. Definitions

13.10.010 BOD (denoting biochemical oxygen demand).

“BOD” (denoting “biochemical oxygen demand”) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius in milligrams per liter. (Ord. 258 § 1, 1983)

13.10.020 Building drain.

“Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes within or adjoining the building or structure and conveys the same to the building sewers which begins at a point five feet (1.5 meters) outside the established line of the building or structure including any structural projection except eaves. (Ord. 258 § 2, 1983)

13.10.030 Building sewer.

“Building sewer” means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to the public sewer, private sewer, individual sewage disposal system or other point of disposal. (Ord. 258 § 3, 1983)

13.10.040 City.

“City” means the city of Veneta, Oregon. (Ord. 529 § 1, 2016; Ord. 258 § 4, 1983)

13.10.050 Combined sewer.

“Combined sewer” means a sewer receiving both runoff and sewage. (Ord. 258 § 5, 1983)

13.10.060 Garbage.

“Garbage” means solid waste from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce. (Ord. 258 § 6, 1983)

13.10.070 Industrial waste.

“Industrial waste” means any and all liquid or water-borne waste from industrial or commercial processes except domestic sewage. (Ord. 258 § 7, 1983)

13.10.080 Natural outlet.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. (Ord. 258 § 8, 1983)

13.10.090 Person.

“Person” means any individual, firm, co-partnership, association, corporation or other legally recognized organization. (Ord. 529 § 2, 2016; Ord. 258 § 9, 1983)

13.10.100 pH.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions concentration in moles per liter. (Ord. 258 § 10, 1983)

13.10.110 Private sewer.

“Private sewer” means a building sewer which receives the discharge from more than one building drain and conveys it to a public sewer, private sewage disposal system or other point of disposal. (Ord. 258 § 11, 1983)

13.10.120 Properly shredded garbage.

“Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension. (Ord. 258 § 12, 1983)

13.10.130 Public sewer.

“Public sewer” means a common sewer which is directly controlled by the public authority. (Ord. 258 § 13, 1983)

13.10.140 Sanitary sewer.

“Sanitary sewer” means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. (Ord. 258 § 14, 1983)

13.10.150 Sewage.

“Sewage” means any liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. (Ord. 258 § 15, 1983)

13.10.160 Sewage treatment plant.

“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage. (Ord. 258 § 16, 1983)

13.10.170 Sewage works.

“Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage. (Ord. 258 § 17, 1983)

13.10.180 Sewer.

“Sewer” means a pipe or conduit for carrying sewage. (Ord. 258 § 18, 1983)

13.10.190 Shall and may.

“Shall” is mandatory; “may” is permissive. (Ord. 258 § 19, 1983)

13.10.200 Slug.

“Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flaw exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation. (Ord. 258 § 20, 1983)

13.10.210 Storm drain.

“Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. (Ord. 258 § 21, 1983)

13.10.220 Superintendent.

“Superintendent” means the superintendent of the public works department of the city of Veneta or the superintendent’s designee. (Ord. 529 § 3, 2016; Ord. 258 § 22, 1983)

13.10.230 Suspended solids.

“Suspended solids” means solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. (Ord. 258 § 23, 1983)

13.10.240 Unsanitary.

“Unsanitary” means unhealthful; of or having to do with the conditions not beneficial to health; not preventative to diseases. (Ord. 258 § 24, 1983)

13.10.250 Watercourse.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 258 § 25, 1983)

II. Privies, Cesspools, Etc.

13.10.260 Prohibited deposits.

It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city of Veneta, or in any area under the jurisdiction of city, any human excrement, garbage or other objectionable waste. (Ord. 258 § 26(a), 1983)

13.10.270 Prohibited discharges.

It shall be unlawful to discharge to any natural outlet in any area under the jurisdiction of the city any sewage or other polluted waters. (Ord. 258 § 26(b), 1983)

13.10.280 Privies, cesspools, etc.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Ord. 258 § 27, 1983)

13.10.290 Connection to sewer required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at owner’s expense to install suitable sewage facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter. (Ord. 409 § 1, 1999; Ord. 258 § 28, 1983)

III. Private Disposal Systems

13.10.300 Private disposal system.

Where a public sewer is not available under the provisions of VMC 13.10.290, the building sewer shall be connected to a private sewage disposal system complying with the provisions of VMC 13.10.310 through 13.10.350, and the Veneta land development ordinance. (Ord. 409 § 2, 1999; Ord. 258 § 29, 1983)

13.10.310 Permit required.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the city and/or Department of Environmental Quality of the state of Oregon or their authorized agent. (Ord. 258 § 30, 1983)

13.10.320 Abandonment.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tank, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material in accordance with the rules of the city and/or the state of Oregon. (Ord. 258 § 31, 1983)

13.10.330 Sanitation.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city. (Ord. 258 § 32, 1983)

13.10.340 Additional requirements.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by a health officer, the State of Oregon Department of Environmental Quality or their authorized agent. (Ord. 258 § 33, 1983)

13.10.350 Connections.

When public sewers become available for connection to properties utilizing a private sewage disposal system, the building drain or building sewer of such properties shall be connected to the public sewer within one year after the date of official notice from the city to connect, except where and when time extensions are granted by the city council. The private sewage disposal system shall then be abandoned in accordance with VMC 13.10.320. Time extensions may be granted on a case-by-case basis, in the council’s discretion, after consideration of the following criteria:

(1) The size, location, and elevation of the property;

(2) The condition of the private disposal system;

(3) The length of the extension under consideration; and

(4) Such other criteria as the city council may deem appropriate, upon consultation with the city engineer or public works director. (Ord. 415 § 1, 2000; Ord. 409 § 3, 1999; Ord. 258 § 34, 1983)

IV. Building Sewers

13.10.360 Unauthorized connections.

No person other than authorized city personnel shall uncover, make any connections with, or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. Such connection, opening, use, or alteration shall be done in accordance with the rules of the city. It shall be unlawful and prohibited conduct for any person to make any connection with, or opening into, use, alter or disturb any public sewer or appurtenance except authorized city personnel or in accordance with the provisions of this section. (Ord. 258 § 35, 1983)

13.10.370 Permits.

(1) There shall be three classes of building sewer permits:

(a) For residential or multiple family dwellings;

(b) For commercial services; and

(c) For service to establishments producing industrial wastes.

(2) In any case, the owner or owner’s agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city. Permit inspection fees for residential or commercial or industrial building sewer permits shall be established from time to time by resolution of the city council. (Ord. 258 § 36, 1983)

13.10.380 Owner responsibility – Indemnification of city.

All costs and expenses incident to the installation, connection, operation and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation, operation and maintenance of the building sewer. (Ord. 409 § 4, 1999; Ord. 258 § 37, 1983)

13.10.390 Separate service.

A separate and independent building sewer shall be provided for every building drain. (Ord. 258 § 38, 1983)

13.10.400 Old building sewers.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. (Ord. 258 § 39, 1983)

13.10.410 Specifications.

The size, slope, alignment, materials or construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code and other applicable rules and regulations of the city. (Ord. 258 § 40, 1983)

13.10.420 Elevation.

The building sewer shall be brought to the building at an elevation below the building drain, except for authorized private sewer pressure systems. No privately owned, operated and maintained pumps or sewage lift stations shall be connected to the building drain or building sewer except as authorized by resolution of the city council. (Ord. 409 § 5, 1999; Ord. 258 § 41, 1983)

13.10.430 Prohibited use.

No person shall make connection of roof downspouts, exterior foundation drains, area drains or other sources of surface runoff or ground water to a building sewer or building drain which is in turn connected directly or indirectly to a sanitary sewer. No person shall allow any surface runoff or ground water to enter a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer. (Ord. 258 § 42, 1983)

13.10.440 Connections.

The connection of the building sewer into the public sewer shall conform to the requirements and regulations of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Ord. 258 § 43, 1983)

13.10.450 Inspection.

The applicant for the building sewer permit shall notify the superintendent at least 24 hours prior to the time when the building sewer is ready for inspection or connection to the public sewer. The connection shall be made only under the supervision of the superintendent or his representative. (Ord. 258 § 44, 1983)

13.10.460 Barricades and lights – Restoration of public ways.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 258 § 45, 1983)

V. Use of Public Sewers

13.10.470 Discharge of stormwater and other specific unpolluted waters prohibited.

No person shall discharge, cause to be discharged, or allow to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 258 § 46, 1983)

13.10.480 Stormwater discharge – Industrial cooling water.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent, to a storm sewer or natural outlet. Combination sewers are prohibited. All approvals shall be in accordance with local, state and federal regulations. (Ord. 258 § 47, 1983)

13.10.490 Discharge of dangerous, toxic and poisonous waters and viscous substances prohibited.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/1 or CN in the wastes as discharged to the public sewer;

(3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 258 § 48, 1983)

13.10.500 Controlled discharges.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming the superintendent’s opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);

(2) Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (0 degrees and 65 degrees Celsius);

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-quarter horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent;

(4) Any waters or wastes containing strong acid, iron, pickling wastes, or concentrated plating solutions, whether neutralized or not;

(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials;

(6) Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction of such discharge to the receiving waters;

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;

(8) Any waters or wastes having a pH in excess of 9.5;

(9) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or if dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);

(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(c) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on sewage treatment works;

(d) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein;

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 258 § 49, 1983)

13.10.510 Acceptance of prohibited discharges.

(1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers which waters contain the substances or possess the characteristics enumerated in VMC 13.10.490 and 13.10.500, and which in the judgment of the superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

(a) Reject the waste;

(b) Require pretreatment to an acceptable condition for discharging to the public sewers at no cost to the city;

(c) Require control over the quantities and rates of discharge; and/or

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewers charges under the provisions of VMC 13.10.560.

(2) If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 258 § 50, 1983)

13.10.520 Interceptors.

Interceptors, including grease, oil, and sand interceptors, etc., shall be provided when they are necessary for the proper handling of liquid wastes containing grease, flammable wastes, sand, solids, acid or alkaline substances or other ingredients harmful to the building drainage system, the public or private sewer, building sewer or to the public or private sewage disposal. Such interceptors may be required by the superintendent, in the building permit, or at such time as there is evidence of improper material in the sewage system. All interceptors shall be of the type and capacity approved by the city and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 258 § 51, 1983)

13.10.530 Preliminary treatment.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at owner’s expense. (Ord. 258 § 52, 1983)

13.10.540 Control manholes.

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial or commercial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at owner’s expense and shall be maintained by owner so as to be safe and accessible at all times. (Ord. 258 § 53, 1983)

13.10.550 Tests and measurements.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the most recent edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and may be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no control manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the sanitary sewer to the point at which the building sewer is connected. Sampling shall, be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs are determined from periodic grab samples). (Ord. 258 § 54, 1983)

13.10.560 Special arrangements.

No statement contained in VMC 13.10.470 through 13.10.550 shall be construed as preventing any special agreement or arrangement between the city and any industrial concern or other user whereby industrial or other waste of unusual strength to character may be accepted by the city for treatment, subject to payment therefor, by the affected concern. (Ord. 258 § 55, 1983)

VI. Foliage and Trees

13.10.570 Permit to plant.

No person shall plant or allow to be planted in a public sewer right-of-way or easement a tree, shrub or plant without first obtaining a permit at least 10 days prior to planting. The type, location and spacing of trees, shrubs or plants shall be approved by the superintendent prior to issuance of a permit. (Ord. 258 § 56, 1983)

13.10.580 Foliage prohibited.

No person shall plant or cause to be planted a balm, poplar, locust, cottonwood or willow in the public right-of-way or easement. (Ord. 258 § 57, 1983)

13.10.590 Interference with sewer line.

Whenever, in the opinion of the superintendent, the roots of any tree or shrub have entered a public sewer or building sewer, and are stopping, restricting or retarding the flow of sewage therein, or allowing ground water or other material to enter the system, the superintendent shall notify the owner to remove the tree within 30 days. The superintendent may remove the tree and assess the costs against the owner of the property if action is not promptly taken. (Ord. 258 § 58, 1983)

13.10.600 Noncompliance with code.

If an owner, agent of the sewer owner or occupant of any premises adjoining and abutting a public right-of-way fails or neglects to comply with the requirements of this chapter, the city shall cause the work to be done and shall make a verified account and statement of the costs of the work and make a return and file a report with the finance officer, together with a legal description of the lot, part of lot, or acreage of the property liable for the charge, and the name of the owner or reputed owner thereof, or the name of the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor. Thereupon the amount of the costs and expense, the legal description of the property and the name of the owner, reputed owner or the contract purchaser of said real property of record as shown on the last available complete assessment roll in the office of the county assessor shall be entered in the docket of the city liens and the charges shall be a lien upon the property and shall be foreclosed in the same manner as are other liens of the city. (Ord. 258 § 59, 1983)

VII. Protection from Damage and Responsibility for Repair

13.10.610 Criminal mischief.

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief. (Ord. 258 § 60, 1983)

13.10.620 Responsibility for repair.

(1) All building drains and building sewers up to and including the connection point of the building sewer to the public sewer shall be maintained and repaired by the private property owner. The owner shall not permit any rain, surface water, subsurface water or prohibited discharge to enter the building drain or building sewer unless previously approved in writing by the superintendent. The owner shall bear all costs and expenses incidental to the maintenance, upkeep and repair of the building drain or building sewer, up to and including the connection point of the building sewer to the public sewer.

(2) When two or more building sewers are connected to a private sewer line that is not a public sewer, all persons connected to the private sewer shall be mutually responsible for the upkeep, maintenance and repairs of the private sewer up to and including the connection to the public sewer. A private sewer may become a public sewer only if the public accepts title to the sewer and an easement for entry and repair has been granted to and accepted by the city. (Ord. 258 § 61, 1983)

VIII. Powers and Authority of Inspectors

13.10.630 Right of entry.

The superintendent and other duly authorized employees of the city shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The superintendent or the superintendent’s representatives shall have no authority to inquire into any process, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the public sewers, waterways or facilities for waste treatment. (Ord. 258 § 62, 1983)

13.10.640 Safety – Indemnification of owner.

While performing the necessary work on private properties referred to in VMC 13.10.630, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the owner and the owner shall be held harmless for injury or death to the city employees and the city shall indemnify the owner against loss or damage to its property by city employees and against liability claims and demand for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions, as required in VMC 13.10.540. (Ord. 258 § 63, 1983)

13.10.650 Easements.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within that easement. All entry and subsequent work, if any, on the easement shall be done in full compliance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 258 § 64, 1983)

IX. Penalties

13.10.660 Violations.

Any person found to be violating any provision of this chapter except VMC 13.10.610 shall be served by the city with written notice stating the nature of the violation and providing reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 258 § 65, 1983)

13.10.670 Penalty.

Any person who shall continue any violation beyond the time limit provided for in VMC 13.10.660 shall, upon conviction thereof, be deemed guilty of a violation and fined in an amount not to exceed $400.00 for each violation. (Ord. 486 § 4, 2009; Ord. 258 § 66, 1983)

13.10.680 Liability of violator.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, damage or costs of repair or replacement occasioned by the city by reason of such violation. (Ord. 258 § 67, 1983)

13.10.690 Separate violations.

Each day any provision is violated or continues to be a violation after notice is given is a separate violation. Successive notices are not required for successive violations. (Ord. 258 § 68, 1983)