Chapter 14.03
SEWER CONNECTION

Sections:

Article I. Mandatory Connection

14.03.010    Policy.

14.03.020    Mandatory connections.

14.03.030    Forced sewer connections.

14.03.040    Forced sewer connection – Alternative procedure.

14.03.050    Forced cleaning or repair – Reimbursement.

14.03.060    Sanitary sewer system connection – Exceptions – Septic systems.

14.03.061    Mandated connection by grinder pump – When required.

14.03.070    Mandatory extension along public way.

14.03.080    Sewer service beyond city limits.

Article II. Permits for Connection

14.03.110    Policy.

14.03.120    Permit – Bond – Insurance.

14.03.130    Types of work for which a permit is required.

14.03.140    Application for permit.

14.03.150    Permit fees.

14.03.160    Approved plans required.

14.03.170    Work subject to inspection and approval.

14.03.180    Written notice required – Inspection prior to re-covering.

14.03.190    Engineer authorized to enter premises.

Article III. Standards for Sewer Lines
and Connections

14.03.210    Policy.

14.03.230    Standard for construction.

14.03.240    Private sewers – Special requirements.

14.03.250    Grease traps, interceptors and other pretreatment devices.

14.03.260    Prohibited connections – Septic systems, etc.

14.03.270    Prohibited connection – Water drains.

14.03.280    Additional standards.

14.03.290    Variances from standards.

Article IV. Penalties – Administration

14.03.310    Generally.

14.03.320    Administrative remedies.

14.03.330    Penalties.

14.03.340    Public nuisance.

Article I. Mandatory Connection

14.03.010 Policy.

It is found and declared to be necessary for the public welfare, health and safety of the city of Oak Harbor and its inhabitants that all owners of property situated in the city which can be served as hereafter provided by the sanitary sewage disposal system of the city are required and shall be compelled to connect their private sewers with such system unless such septic system meets the criteria and is within an exception set out in this title. (Ord. 1323 § 6, 2002; Ord. 1004, 1995).

14.03.020 Mandatory connections.

(1) The owner of any real property within the city limits upon which there is any building or structure used for or capable of being used for human habitation shall connect the same to the OHSS if it is not already connected and the owner thereof shall keep and maintain such connection in good repair and order unless the property qualifies for exception under OHMC 14.03.060.

(2) No owner of real property in the city limits of the city of Oak Harbor shall allow any person to occupy any dwelling, factory, store, hotel or other building on such property in which the toilet facilities and other plumbing fixtures are not connected by adequate and suitable drains to the OHSS or to a lawful septic system when allowed under OHMC 14.03.060.

(3) No more than one industrial, commercial, hotel, multifamily residential or school use lot or building may be connected to the OHSS by a private sewer unless authorized under subsection (5) of this section.

(4) Single-family residences shall be connected to the OHSS by a separate private sewer.

(5) Where authorized by the city engineer a lateral sewer may be used to collect sewage from one or more private sewers extending from one or more lots or buildings for connection to a public sewer main. Lateral sewers may be used where there is no foreseeable need for a public sewer main to be extended to serve future new sources. Lateral sewers shall be designed and built to public system standards. The property owners to be served by a lateral sewer shall contract to maintain the lateral to public system standards. Maintenance contracts for lateral sewers shall be approved by the city engineer prior to connection to a public sewer main. The supervisor may disconnect a system that is not constructed or maintained to public system standards.

(6) It shall be the burden of anyone charged with an offense under this section to provide evidence that the property in question is exempted from sewer system hookup under OHMC 14.03.060. (Ord. 1323 § 7, 2002; Ord. 1004, 1995).

14.03.030 Forced sewer connections.

(1) The city engineer shall have power in all cases where there is a public sewer in any public way to cause every owner of land situated within the limits intended to be drained by such public sewer, or his or her agent or tenant, to make a sufficient drain from his or her building, structure, house or lot, whichever is least restrictive, connecting with such sewer whenever, in the opinion of the city engineer, the same may be necessary either to protect the public health or safety or when the owner is required to complete a connection under this article or both. Unless an emergency condition, prior to giving orders, the city engineer shall hold a hearing giving the property owner an opportunity to give evidence, elements and argument on issues involved.

(2) The city engineer shall thereupon give such owner, agent or tenant notice in writing sent by mail, postage prepaid to the last known address of the same, specifying the time that such drain must be completed, providing such time shall not exceed six months. Such notice, if sent to the owner, shall be sent to the address specified as of record of the Island County treasurer. In addition to any written, mailed notice, notice shall be posted on the property in a conspicuous place. Failure to obey such order shall be a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days in jail or both such fine and jail time.

(3) If such owner, agent or tenant shall fail or neglect to complete the same in the time specified, the city engineer shall cause the drain to be constructed and the amount paid for the construction of the same shall be assessed against the premises so drained. The amount thereof shall constitute a lien upon the premises so drained, and such assessment may be collected and the lien enforced by suit in the name of the city, or any officer, contractor or contractors to whom it shall have directed payment to be made by a court of competent jurisdiction. (Ord. 1323 § 8, 2002; Ord. 1004, 1995).

14.03.040 Forced sewer connection – Alternative procedure.

(1) As an alternative to any other procedures specified in this code, and whenever property is not connected to the sewer system as required by this title, the city council may, by written resolution after public meeting, order the property owner to connect the toilet facilities and other plumbing fixtures in any structure or building located within the city limits which is on a lot, tract or parcel of property any part of which is within 200 feet of a public sewer in a public way unless otherwise validly excepted under OHMC 14.03.060. Such connection shall be made within a time period specified by the city council which shall in no case be more than six months. Failure to make such connection after order by the city council shall be a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days in jail or both such fine and jail time.

(2) If such owner, agent or tenant shall fail or neglect to complete the same in the time specified, the city engineer shall cause the drain to be constructed and the amount paid for the construction of the same shall be assessed against the premises so drained. The amount thereof shall constitute a lien upon the premises so drained, and such assessment may be collected and the lien enforced by suit in the name of the city, or any officer, contractor or contractors to whom it shall have directed payment to be made by a court of competent jurisdiction. (Ord. 1323 § 9, 2002; Ord. 1004, 1995).

14.03.050 Forced cleaning or repair – Reimbursement.

When any building drain or private sewer and/or associated facilities connected with the public sewer becomes obstructed, broken or out of order, the city engineer shall, if the owner, agent or tenant of such premises fails to repair the same after two days’ notice to do so, cause such drain, sewer or facility to be removed, reconstructed, repaired, altered or cleaned as he or she may deem expedient, at the expense of the owner, agent or occupant of such premises as aforesaid, to be collected in the manner provided in this title. (Ord. 1323 § 10, 2002; Ord. 1004, 1995).

14.03.060 Sanitary sewer system connection – Exceptions – Septic systems.

(1) No property may be occupied in Oak Harbor until it is connected to the OHSS, unless it has a septic system in compliance with Island County health department standards and one of the following exceptions applies:

(a) The property is used for a single‑family residence and the boundaries of the property on which the residence is located are more than 200 feet from the nearest public sewer main;

(b) The property is used as a single‑family residence and is located in one of the following areas:

(i) The area of the city which is within city limits as of September 1, 1991, and which is zoned single‑family residential and is bounded by 80th S.W. on the east, Oak Harbor Bay on the south, SR 20 on the west and Pioneer Way on the north; provided, that this exception to sewer connection shall expire 10 years from September 1, 1992;

(ii) In areas annexed into the city after September 1, 1991, those properties which are lawfully using septic systems for single‑family residences on the date of annexation; provided, that this exception to sewer connection shall expire 10 years after annexation to the city of Oak Harbor;

(c) Those properties which are lawfully granted a septic system permit by the city prior to June 15, 1987, and then only until such time as a sewer line is brought within 200 feet of the property in question and only so long as they comply with restrictions of the permit granted and county health regulations; provided, that this exception to sewer connection shall expire 10 years from September 1, 1992;

(d) Properties with existing functioning septic systems which are annexed into the city after January 1, 2001, may continue to use such septic systems and shall not be required to hook up to the sewer system unless Island County health department has declared their system has failed and cannot be repaired or that the city council has declared the same to be a public nuisance. A “public nuisance” under this provision is a septic system which has failed or is discharging pollutants into the ground or surface waters.

All new plats created after the date of annexation shall have sewer service available to all lots.

(2)    (a) It is the duty of the owner of a piece of property to provide and pay the cost of a sanitary sewer main designed extension to the boundary of property from the nearest connection point and on those properties adjacent to public streets the owner must provide sewer service the full length of the property adjacent to the street frontage connecting from the OHSS sewer line.

(b) It is the duty of the owner of a piece of property served by a sewer lift station and force main to pay the cost of the gravity sewer fronting the property and to contribute a proportional share of the construction cost of the force main system, including lift station, pump, force main line and associate facilities.

(3) A septic system developed after March 12, 2001, may be used in lieu of sewer connection for uses authorized in subsection (1) of this section, when and only for as long as the following conditions are met:

(a) Island County health department standards for septic systems are complied with and the septic system is authorized by an Island County septic system permit;

(b) Industrial or commercial wastes are not disposed of in the septic system unless authorized by the state of Washington and Island County;

(c) Pollution of ground water has not occurred and will not occur from the septic system’s operation;

(d) For new septic systems after September 1, 1991, the proposed septic system location is more than 100 feet from any wetland, recharge area, shoreline, pond or lake. (Ord. 1347 § 1, 2003; Ord. 1323 § 11, 2002; Ord. 1255 § 1, 2001; Ord. 1096 § 1, 1997; Ord. 1004, 1995).

14.03.061 Mandated connection by grinder pump – When required.

(1) Definitions. In addition to other definitions of this title, the following definitions shall apply to this section:

(a) “Gravity side sewer” means a side sewer where flow is caused by the force of gravity as opposed to being under pressure by a pump.

(b) “Grinder pump” means a mechanical device that shreds solids and conveys sewage along a sewer line in a low pressure system or raises sewage to a higher elevation to a public sewer above the grade of a particular structure. Grinder pumps are also commonly used in conjunction with gravity systems where a particular structure is located below the invert of a gravity collection pipe or there is insufficient vertical drop between the structure and the gravity pipe.

(c) Low Pressure Sewer System. Low pressure sewer systems, often referred to as “grinder pump systems,” use a macerating type pump to convey sewage through small diameter pipelines to a centralized location.

(2) Connection by grinder pump to the city sewer system, whether to a public low pressure sewer system line or to a public gravity sewer line, shall not be mandated for an existing single-family residence until December 31, 2017; provided, that the following conditions are met:

(a) The residence is using an on-site septic system for waste disposal;

(b) The septic system was permitted for use by the Island County health department prior to December 31, 2007;

(c) The septic system is functioning, is in full compliance with Island County health department requirements, Washington state law and federal law and is not polluting adjacent properties or waters.

(3) The city engineer may allow voluntary connections to the sewer system by grinder pump systems under standards, terms and conditions determined by the city engineer. Standards shall include types and uses of grinder pumps, maintenance and repair requirements, and designation of locations and ownership requirements. If more than one connection is made by or through the same privately owned grinder pump station, a connection shall not be allowed unless there is a contract with a responsible party to maintain and operate the grinder pump station in accordance with public system standards.

(4) The exception to connection listed under this section shall not apply to gravity side sewer connections to the POTW which shall continue to be regulated under OHMC 14.03.060 as now in effect or hereafter amended. (Ord. 1623 § 1, 2012; Ord. 1521 § 1, 2007).

14.03.070 Mandatory extension along public way.

Before any connection can be made to the OHSS, the public sewer in the street fronting the lot must extend the full width of the tract, parcel or lot to be served. Such extension must directly connect to the OHSS and shall be constructed to allow for future extension. (Ord. 1323 § 12, 2002; Ord. 1004, 1995).

14.03.080 Sewer service beyond city limits.

State law generally precludes extension of sewer outside of the urban growth area. It is the policy of the city that sewer service will be provided only to properties located within the city limits. The city acknowledges that in certain emergency situations properties located within the urban growth area may need to be connected to the sanitary sewer in advance of annexation. In the event of such an emergency, the following rules will be followed in allowing service connections to the city sewer system:

(1) Emergency sanitary sewer service to pre-existing habitable residential uses within the UGA may be provided, but shall only be for the same density, intensity, number of units, or land use legally permitted and present at the time of septic, district or other system failure. No emergency wastewater sewer service may be provided to pre-existing habitable residential uses in noise zones which are impacted by noise at or above 75 decibels (db) average annual day-night weighted sound level (Ldn or DNL) (within Noise Subdistrict C).

(2) Emergency sanitary sewer service to pre-existing commercial and industrial uses within the UGA may be provided, but shall only be for the same building coverage, or land use legally permitted and present at the time of septic, district or other system failure.

(3) Requirement for Annexation. Prior to a sewer service connection being authorized by the city outside of city limits, the owners of the property to be served shall sign a waiver of protest agreement waiving all rights to protest against future annexation efforts and authorizing the city to have power of attorney to sign a petition for annexation and to carry out such other additional steps as are necessary to complete annexation.

(4) Rates. Rates for sewer service outside of the city shall be 150 percent of the rates for sewer services within the city. (Ord. 1577 § 4, 2010).

Article II. Permits for Connection

14.03.110 Policy.

It is the policy of the city of Oak Harbor that no connection or installation to the OHSS will be made without a permit. Any person making any such connection or installation or causing the same to be made without having first obtained a proper permit, as provided in this chapter, shall be a gross misdemeanor punishable by a fine of up to $5,000 and a jail sentence of up to 365 days in jail or both such fine and jail time. (Ord. 1323 § 13, 2002; Ord. 1004, 1995).

14.03.120 Permit – Bond – Insurance.

No person shall connect with or open or penetrate a public sewer without first obtaining a permit in writing. Permits given during construction work on the street or public easement shall only be granted to licensed and bonded contractors. No person shall be granted a permit for sewer work in the public roads and right‑of‑way if she or he had been previously convicted of a violation of this chapter, and unless and until that person has filed in the office of the city clerk a bond in the sum of $10,000 with one or more responsible sureties (to be approved by the mayor) conditioned that he or she will indemnify and save harmless the city of Oak Harbor from all suits, accidents, and damages for or by reason of any opening in the street or public way and that she or he will pay to the city any and all damages to such sewers as shall result from carelessness or want of skill in the person doing the work or those in his or her employ, in making any connection with any public sewer which he or she at any time makes or attempts to make for any person or persons whomsoever, and that he or she will also replace and restore the street or public way to as good a state and condition as at the time of the commencement of the work to the satisfaction of the city engineer, and shall conform in all respects to the rules and regulations of the city; and further, that the person file with the city evidence that he or she carries public liability insurance in the amount of $100,000 for bodily injury and $300,000 for any one accident and $50,000 property damage insurance covering him or her in this type of work. (Ord. 1323 § 14, 2002; Ord. 1004, 1995).

14.03.130 Types of work for which a permit is required.

No person shall do the following unless a valid permit for the specific work involved has been issued as herein provided:

(1) Install a sewer line on either public or private property if the line is intended to be connected to the public sewer;

(2) Make or cause to be made a connection between a private sewer and a public sewer;

(3) Make any opening in a public sewer;

(4) Make any change in an existing private or public sewer;

(5) Install associated facilities in a private sewer or sewer main or install a grease trap in a building or structure. (Ord. 1323 § 15, 2002; Ord. 1004, 1995).

14.03.140 Application for permit.

Application for a permit must be made by the party employed to do the work and must state the location of the sewer, name of the owner, or occupant of the premises, the number of the buildings to be connected, and use of property and descriptions of needed pretreatment required under Chapters 14.07 and 14.09 OHMC or the current plumbing code. No person shall extend any private sewer beyond the limits for which the permit has been given. The city engineer shall provide appropriate application forms, and she or he shall have the power to prescribe the conditions of the application and make reasonable rules and regulations with respect thereof. (Ord. 1323 § 16, 2002; Ord. 1004, 1995).

14.03.150 Permit fees.

Permit fees shall be as set forth in the fee ordinance of the city. No permit shall be processed until all fees are paid. No permit application shall be deemed complete until all fees are paid. Resubmittal of amended plans after the first resubmittal may be charged an additional fee. (Ord. 1323 § 17, 2002; Ord. 1004, 1995).

14.03.160 Approved plans required.

(1) All connections to the OHSS must be approved by the city engineer. Sewer plan approval is a Type I permit process as identified in OHMC Title 18.

(2) For connections requiring extension of a public main or construction of a lateral sewer, plans submitted for approval shall be drafted and stamped by an engineer licensed in the state of Washington.

(3) Four copies of a plan of the proposed connection, pretreatment device, sewer line, or change in an existing sewer or associated facilities presented to the office of the city engineer on such forms as he or she provides.

(4) Such plans shall show the proposed line, public and private sewer locations along with locations of associated facilities such as cleanouts, traps, interceptors, sampling facilities and fixtures to be connected therewith.

(5) Where the sewer is to be installed on a street or public way, the time of beginning work and the time of completion of the work shall be stated.

(6) If the plan is approved by the city engineer, he or she shall issue a permit for the work.

(7) If the plan does not meet the requirements of this chapter, she or he shall withhold approval and it shall be unlawful to proceed with the work until a permit has been issued.

(8) Sewer plan approval may be withheld if there is a binding site plan application for the property and the binding site plan has not been approved.

(9) Building permits may be withheld if there are no approved sewer plans for the lot or building. (Ord. 1323 § 18, 2002; Ord. 1004, 1995).

14.03.170 Work subject to inspection and approval.

All work done in pursuance of any permit granted as prescribed in this chapter shall be under the inspection and subject to the approval and acceptance of the city engineer. The grade, materials, size of pipe, and manner of construction of any sewer or drain built under permit shall be subject to the approval or rejection of the city engineer, and any person who refuses to modify, remove, replace, or complete any portion of the work when so instructed by the city engineer, shall by such refusal be in violation of this chapter. (Ord. 1323 § 19, 2002; Ord. 1004, 1995).

14.03.180 Written notice required – Inspection prior to re-covering.

Reasonable notice in writing must be given to the city engineer and his office by any person desiring to make connection with the public sewer, previous to the time of making such connection, as to when such work will be ready for inspection, and the city engineer shall inspect the same, and the connection must be made in the manner prescribed in this chapter and to the satisfaction of the city engineer before the trench is filled. No part of the sewer line is to be covered or backfilled until the sewer has been so inspected and approved. Requests for inspection are to be made at the office of the city engineer. (Ord. 1323 § 20, 2002; Ord. 1004, 1995).

14.03.190 Engineer authorized to enter premises.

Subject to requirements for obtaining a warrant on reasonable grounds, the city engineer, or his or her designee, shall have the right to enter upon the premises drained by any private sewer or other connection with any public sewer at all reasonable hours to ascertain whether the provisions of this chapter or any other ordinance in regard to side sewer or other connection have been complied with, and if he shall find that the drain or its attachments do not conform to the provisions of this chapter or any other ordinance, she or he shall notify the owner of the premises, or his agent, of the fact. It shall thereupon be the duty of the owner or his agent to cause the drain or its attachments to be so altered, repaired or reconstructed as to make them conform to the requirements of law in regard thereto within 15 days from the time of receiving such notice. (Ord. 1323 § 21, 2002; Ord. 1004, 1995).

Article III. Standards for Sewer Lines
and Connections

14.03.210 Policy.

It is necessary for public health and safety that sewer lines and connections conform to standards and be of uniform high quality and that each person owning or using property in the city of Oak Harbor which is connected to the sewer system provide adequate sewerage facilities for the connections made. (Ord. 1323 § 22, 2002; Ord. 1004, 1995).

14.03.230 Standard for construction.

(1) All connections with public sewers shall be made in a workmanlike manner.

(2) Where a “Y” has been left, the connection shall be made without damaging or breaking the same.

(3) Where a connection “Y” has not been left, or in case the city engineer may deem best, the person making such connection shall install a full saddle‑type “Y” connector with a fully rubberized gasket at the point of connection to the public sewer. Such connection shall be inspected and approved by the city engineer or his or her designee before the connection to the premises is made.

(4) All excavations made in any street or alley shall be protected and guarded by the person making the connection, both by day and night, and the proper display of signals and lights, and the person shall be responsible upon his bond for all accidents caused by negligence in this respect.

(5) The street must be opened and the paving and backfill deposited in a manner that will cause the least inconvenience to the public and free passage along the gutter must be provided.

(6) One‑half of the street must be kept free for the passage of vehicles, and bridgeways must be provided on sidewalks for pedestrians.

(7) In refilling the trench, the backfill must be deposited in layers of not more than 12 inches in depth and must be well‑compacted.

(8) As soon as any such sewer is completed, the paving and sidewalk must be restored to as good a condition as existed previous to the excavation, and all rubbish and surplus materials immediately removed.

(9) All work within the limits of any street or alley must be prosecuted to completion with due diligence, and if, in the judgment of the city engineer, any excavation is left open beyond a reasonable time, he or she shall cause the same to be filled and the street or alley restored forthwith, and any cost incurred in such work shall be charged to the person in charge of such work and must be paid before he or she shall receive any further permit.

(10) If any work done in pursuance of permit granted as heretofore prescribed is not constructed and completed in accordance with the plan filed, and to the acceptance of the city engineer, and the contractor or person refuses to properly construct and complete the work, notice thereof shall be given to the owner of the property for whom the work is being done, and the city engineer shall proceed to complete and connect the sewer in a proper manner, and the full cost of such work and any materials necessary therefor shall be charged and become a lien against the property and shall be collected in the manner provided in OHMC 14.03.030 and Chapter 14.05 OHMC.

(11) Wherever the sewer shall make a change of direction of more than 90 degrees, a clean‑out will be required. A clean‑out will also be required wherever, in the opinion of the city engineer, the clean‑out is necessary to facilitate rodding of the sewer. A clean‑out will also be required in any sewer exceeding 90 feet in length. Said clean‑out is to be installed in a 45‑degree wye to be brought to within one foot of the surface of the ground.

(12) Sewer at street property line shall have a minimum depth of four feet, and at the premises shall have a minimum depth of 30 inches.

(13) Sewer shall connect to public sewer at an angle of not more than 60 degrees.

(14) A reducer will be required at any point where a change in size of pipe is made.

(15) The arrangement of soil and waste pipes must be as direct as possible and have a fall of not less than one‑quarter of an inch per foot toward the sewer.

(16) Pressure line and associated facilities shall be designed and built to meet then current state standards adopted by the city engineer pursuant to this title. (Ord. 1323 § 24, 2002; Ord. 1004, 1995).

14.03.240 Private sewers – Special requirements.

(1) The material used in the construction of a private sewer shall be substantially like that used in the public sewers with which connection is made.

(2) The following types of sewer pipe are permitted to be used: concrete, cast iron or polyvinyl chloride (PVC).

(3) All public sewer gravity mains are to have a minimum diameter of eight inches. Pressure lines and associated facilities shall be designed and constructed to meet then current state standards and standards adopted by the city engineer pursuant to this title. (Ord. 1323 § 25, 2002; Ord. 1004, 1995).

14.03.250 Grease traps, interceptors and other pretreatment devices.

(1) The city engineer shall not allow connection of any commercial or industrial uses unless it has the appropriate pretreatment devices as determined by the supervisor. The city engineer shall terminate connections of a commercial or industrial use which do not have required pretreatment devices.

(2) Where it appears to the city engineer or the supervisor that a new user will be required to have a discharge permit under federal or state law, notice will be made to the Department of Ecology concerning the matter.

(3) The city building official shall advise the supervisor of application for plumbing permits to install pretreatment devices and for building or occupancy permits for businesses identified in OHMC 14.09.010. (Ord. 1323 § 26, 2002; Ord. 1004, 1995).

14.03.260 Prohibited connections – Septic systems, etc.

No person shall connect any open gutter, cesspool, septic tank, privy vault or cistern with any public sewer or with any private sewer or drain connecting with the public sewer. (Ord. 1323 § 27, 2002; Ord. 1004, 1995).

14.03.270 Prohibited connection – Water drains.

No foundation drain, yard drain, storm water collection system, roof leader drain, sump pump discharge or any other inflow source shall be connected with any public or private sanitary sewer. (Ord. 1323 § 28, 2002; Ord. 1004, 1995).

14.03.280 Additional standards.

From time to time the city engineer may set standards for construction of private and public sewer lines and connections. Such standards may include the types of approved materials to be used, the sizes of lines to be used for various types of occupancies, location and depth of lines, and the quality and nature of public easement acceptable for use for locating sewer lines. Such standards may be in excess of those specified in this and other chapters of the Oak Harbor Municipal Code so long as these standards are consistent with good engineering practice and are needed to protect the public health, safety and welfare. Standards issued under this section shall be filed with the city clerk and copies given to the mayor and city council and shall be effective five days after the next council meeting unless abrogated by the city council at open public meeting. (Ord. 1323 § 29, 2002; Ord. 1004, 1995).

14.03.290 Variances from standards.

(1) Variance from standards may be allowed by the city engineer when:

(a) Location and topography of the property to be serviced makes it impossible or extraordinarily costly to meet city standards; or

(b) Temporarily it makes economic sense to delay hook-up to the sewer system by a standard means when at a later time to be specified a larger and more economically viable system may be built.

(2) Nonstandard systems shall be allowed only when:

(a) The public health, welfare and safety are protected;

(b) An agreement as approved by the city engineer is signed by the property owner agreeing to maintain such system to public system standards as is required by state law and meet other requirements of this section and applicable sections of this code;

(c) The property owner shall terminate the nonstandard system when the time for temporary system permit is expired or when the system is no longer being maintained properly;

(d) The property owner at his/her own expense will make the standard connection as required by the city engineer; and

(e) The property owner shall agree to pay his/her proportionate share of a public system to serve the area designated under standards for such system.

(3) Appeal of a variance is a Type I review process.

(4) No variance shall be granted for a failed or failing septic system. (Ord. 1323 § 30, 2002).

Article IV. Penalties Administration

14.03.310 Generally.

The administration of this chapter shall be under the city engineer. (Ord. 1323 § 31, 2002; Ord. 1004, 1995).

14.03.320 Administrative remedies.

The city engineer shall have authority to exercise powers and to use remedies and procedures under Chapter 14.11 OHMC in enforcing provisions of this chapter. (Ord. 1323 § 32, 2002; Ord. 1004, 1995).

14.03.330 Penalties.

Except as herein specified, civil and criminal penalties for violation of these provisions shall be as set out in Chapter 14.13 OHMC. (Ord. 1323 § 33, 2002; Ord. 1004, 1995).

14.03.340 Public nuisance.

Sewer connections made contrary to this chapter and the failure to make required connections under this chapter are declared to be public nuisances and may be abated pursuant to general law or by the procedures set out in Chapter 14.11 OHMC. (Ord. 1323 § 34, 2002; Ord. 1004, 1995).