Chapter 13.04
SEWER REGULATION1

Sections:

Article I. Definitions

13.04.010    Definitions.

13.04.020    Grammatical interpretation.

Article II. General Provisions

13.04.030    Deposit of excrement, garbage, wastes.

13.04.040    Discharge of pollutants into natural outlets.

13.04.050    Privy, septic tank, cesspool.

13.04.060    Suitable toilet facilities – Connection – Repairs.

13.04.070    Connection, repairs – Authorization by city.

13.04.080    Property determined serviceable by city sewer lines.

Article III. Private Sewers

13.04.090    Private disposal – Conditions for use.

Article IV. Side Sewers and Connections

13.04.100    Permit – Requirement.

13.04.110    Permit – Classes – Application.

13.04.115    Certificate of sewer availability.

13.04.120    Permits – Acquisition procedure.

13.04.130    Side sewer contract – Conditions.

13.04.140    Wyes, tees, stubs.

13.04.150    Installation – Costs borne by property owner.

13.04.160    Single sewer for each building – Exceptions.

13.04.170    Use of old facilities.

13.04.180    Materials – Construction.

13.04.190    Size and slope.

13.04.200    Placement.

13.04.210    Grade and elevation – Sewer tee and stub.

13.04.220    Excavation – Pipe laying and backfill.

13.04.230    Joints and connections – Material, method.

13.04.240    Joints and connections – Location.

13.04.250    Inspections – Procedure.

13.04.260    Barricades, lights – Restoration.

13.04.270    Permit – Failure to secure.

13.04.280    Conveyance of private sewer to city.

13.04.290    Property outside city limits – Contract for service.

13.04.300    Connection charges, assessments.

13.04.310    Disconnection – Procedure.

Article V. Standard Participation Contract

13.04.320    Required when.

13.04.330    Terms.

13.04.340    Charges.

13.04.350    Council right to impose additional conditions.

13.04.360    Real estate owners.

Article VI. Fees and Charges

13.04.370    Side sewer permits – Fees.

13.04.380    Sewer connection charges.

13.04.382    Direct facilities charges.

13.04.384    Sewer general facilities charges.

13.04.386    Latecomer agreements.

13.04.390    Service charge – When due.

13.04.400    Delinquency – Determination,   penalty.

13.04.410    Delinquency – Notice.

Article VII. Use of Public Sewer

13.04.420    Discharge of specified unpolluted waters – Prohibited.

13.04.430    Discharge of specified pollutants – Prohibited.

13.04.440    Grease, oil, sand interceptors – Required when.

13.04.450    Grease, oil, sand interceptors – Maintenance.

13.04.460    Discharge of specified wastes – Approval required.

13.04.470    Preliminary treatment facilities.

13.04.480    Manholes.

13.04.490    Measurements, test samples.

13.04.500    Admission of wastes by special agreement.

Article VIII. Side Sewer Contractors

13.04.510    Requirement – Exemption.

13.04.520    License – Application procedure.

13.04.530    License – Bond insurance requirement.

13.04.540    Liabilities and responsibilities.

13.04.550    License – Revocation.

13.04.560    License – Renewal.

Article IX. Administration and Enforcement

13.04.570    Agent or owner of serviced premises.

13.04.580    Right of entry to inspect.

13.04.590    Sewer superintendent – Authority.

13.04.600    Vandalism.

13.04.610    Violator – Subject to expenses.

13.04.620    Violator – Notice.

13.04.630    Violator – Continued offense.

13.04.640    Violations – Abatement.

Article I. Definitions

13.04.010 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as set forth in this section:

1. “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 centigrade, expressed in parts per million by weight or expressed in milligrams per liter (mg/L).

2. “Brewery dischargers” means those discharging wastewater from businesses that are engaged in the brewing or fermenting of beer, ale, malt liquors and nonalcoholic beer.

3. “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the side sewer.

4. “Clerk” means the city clerk or his or her designee.

5. “Commercial user” means business and industrial users, and all structures other than residential.

6. “Downspout” means the leader or pipe above the ground which is installed to conduct storm water from the roof gutter of any structure.

7. “Director” means the director of parks and public works, or his or her designee.

8. “Duplex” means a residential structure containing two individual dwelling units, designed or used to house not more than two families living independently of each other.

9. “Equivalent service unit” or “ESU” means a configuration of impervious surface estimated to contribute an amount of runoff to the city’s storm water management system which is approximately equal to that created by the average single-family residential developed parcel in the city.

10. “Equivalent residential unit” or “ERU” means a unit of measure used to define the projected sewer flows generated by a single-family detached residential unit as defined in the city’s most current sewer comprehensive plan. Ratios of sewer flows generated for nonresidential development and multifamily units to the projected sewer flows of a single-family detached residence shall be used to convert these land uses to an ERU.

11. “Garbage” means solid waste from the preparation, processing, cooking and dispensing of food, and from the handling, storing and sale of produce.

12. “General facilities charge” means a one-time charge imposed on new development or expanded connection to system as a condition of service.

13. “High commercial” means a BOD and/or TSS concentration of 251 milligrams per liter (mg/L) or greater.

14. “Impervious surface” means hard surfaced area that prevents or hinders the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt, oiled or other surfaces which similarly impede the natural infiltration of storm water or runoff patterns existent prior to development.

15. “Industrial waste” means any liquid, solid or gaseous substance, or combination thereof, resulting from any process of industry, manufacturing, business, trade or research, including development, recovering or processing of natural resources.

16. “Inspector” means the utilities director or his designee.

17. “Latecomer agreement” means a contract that provides for the reimbursement of costs to developers who construct facilities that directly benefit other properties.

18. “Lateral” means a sewer which will receive the flow from one or more side sewers and discharge into a trunk or interceptor.

19. “Licensed side sewer contractor” means any contractor who is duly licensed under this chapter to construct, install, repair, reconstruct, excavate, or connect any side sewer to the public sewers of the city.

20. “Low commercial” means a BOD and/or TSS concentration of zero to 250 milligrams per liter (mg/L).

21. “Multiple dwelling” means a residential structure containing two or more dwelling units designed or used to house more than two families living independently of each other, and also includes mobile home parks, in which each space or stall shall be deemed a dwelling unit.

22. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

23. “Occupant” means any person or owner in physical possession of a structure to which sewer service is available.

24. “Person or owner” means any individual or firm, company, association, society, corporation or group, and the singular shall include the plural.

25. “Private sewer” means a sewer, exclusive of side sewers, which is neither owned nor operated by the city or other public authority.

26. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

27. “Properly shredded garbage” means garbage which has 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 in diameter.

28. “Public sewer” means a sewer which is owned or operated by the city or other public authority.

29. “Residential” means a single-family, duplex or multiple-family dwelling structure, and includes mobile homes, motels and hotels.

30. “Sanitary sewer” means a sewer which carries sewage into which storm water, surface water and groundwater are not intentionally admitted.

31. “Sewage” means water-carried wastes discharged from the sanitary facilities of structures occupied or used by human beings.

32. “Sewage treatment plant” means any arrangement of devices, lagoons, or structures used for treating sewage.

33. “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

34. “Sewer” means a pipe or conduit for sewage.

35. “Sewer superintendent” means the sewer department crew chief.

36. “Side sewer” (or building sewer) means the extension from the building drain to its connection with the public sewer, sewer main, manhole or other place of disposal, beginning two and one-half feet outside the foundation wall.

37. “Sewer standard participation contract agreement” means a form of contract required by this chapter to be entered into before properties which have not been assessed for sewers, or otherwise qualified, may use the public sewers of the city.

38. “Storm drain” means a conduit designed to or used to transport storm water.

39. “Storm water” means waters on the surface of the ground or underground resulting from rainfall or other natural precipitation.

40. “Structure” means anything constructed or erected, the use of which requires location or attachment to something having location on the ground, including mobile homes and trailers, but not including fences.

41. “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.

42. “TSS” (denoting total suspended solids) means all particles suspended in water which will not pass through a filter expressed in parts per million by weight or expressed in milligrams per liter (mg/L).

43. “Utilities director” means the director of public utilities, or his designee.

44. “Waste water” means water containing either or both of sewage or industrial wastes.

45. “Watercourse” means a channel in which a flow of water occurs, whether continuous or intermittent.

46. “Winery dischargers” means those discharging wastewater from businesses that are engaged in the manufacturing, crushing, or blending of spirits or wine or brandies from grapes or other fruits, grains or other produce whether grown on the property or elsewhere. (Ord. 1187 § 3, 2017; Ord. 627 § 1, 1989).

13.04.020 Grammatical interpretation.

“Shall” is mandatory. “May” is permissive. (Ord. 627 § 1, 1989).

Article II. General Provisions

13.04.030 Deposit of excrement, garbage, wastes.

It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city any human or animal excrement, garbage or other objectionable waste. (Ord. 627 § 1, 1989).

13.04.040 Discharge of pollutants into natural outlets.

It is unlawful to discharge into any natural outlet within the city any sewage, industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter. (Ord. 627 § 1, 1989).

13.04.050 Privy, septic tank, cesspool.

Except as provided in this chapter, it is unlawful to construct, maintain or use privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage in the city. (Ord. 627 § 1, 1989).

13.04.060 Suitable toilet facilities – Connection – Repairs.

A. The owner of each lot or parcel of real property within the city upon which there is situated any structure for human occupancy, employment, recreation or other purpose or use, which lot or parcel abuts on any street, alley, easement or right-of-way in which there is now located or may in the future be located a public sewer, and where the public sewer is within 150 feet of that lot or parcel and service by such public sewer is available, is required, at his expense, to install suitable toilet facilities therein and to connect the facilities to the public sewer, including the making of any repairs to the public sewer required by damage occurring during the making of such connection, regardless of the cause of such damage, in accordance with the provisions of this chapter. Such installation and connection must be made within 30 days after the date of mailing or personal delivery of notice by the clerk to the owner of property to be served, notifying such owner to make such connection. All connections to the public sewers of the city shall be made in a permanent and sanitary manner, and shall be sufficient to carry all the sewage and waste and waste fluids of every kind from the house, building or structure to the public sewer, and each toilet, sink, lavatory, washing machine, dishwasher and other piece of equipment of whatever type producing waste water shall be connected to the public sewer.

B. Any structure hereafter constructed or made available for human occupancy or use for any purpose shall, when required by this section, be connected to the public sewer before the completion of construction of such building or structure or before any occupancy or use thereof, or in the event that the public sewer capable of serving the structure has not been completed prior to the construction or occupancy of such structure, within 30 days after written notice from the clerk as provided in the preceding paragraph, whichever occurs first.

C. The limit of responsibility of the city shall be maintenance of the public sewer. Any needed repair to a side sewer or connection to a public sewer shall be the responsibility of the owner of the property served, and shall be made within 30 days after the date of mailing or personal delivery of a notice by the clerk or the utility director or his designee to the owner of the property served, notifying such owner to make such repair or connection. In the event of an emergency, a shorter period of time may be established for the repair to be made, or, if the owner cannot be located or does not promptly make such repair, the city may make repairs under the procedure of SMC 13.04.070. (Ord. 627 § 1, 1989).

13.04.070 Connection, repairs – Authorization by city.

A. If any connection to a public sewer or needed repair to a side sewer is not made within the time and in the manner provided in SMC 13.04.060, the utilities director may forthwith cause the same to be made.

B. In all cases in which the utilities director causes required connections or repairs to be made, he shall file a statement of the cost thereof with the clerk. The clerk shall notify the owner or reputed owner of the property of the cost of making such connection or repair, and if the same is not paid within four months, such cost, together with interest at the rate of 12 percent per year, shall be a lien against the property, and the clerk shall direct the city attorney to file a notice of claim of lien with the auditor of King County. Such lien may be foreclosed in the manner provided for mechanics liens. (Ord. 627 § 1, 1989).

13.04.080 Property determined serviceable by city sewer lines.

All property is capable of being served by a public sewer of the city, and service by such public sewer is available if the first floor plumbing of any building or structure located thereon can be served by gravity into the city sewer lines, as provided in SMC 13.04.060, even though the basement drains of such building or structure cannot be served into the city sewers.

Sanitary sewer service to such properties shall be by gravity, except for sewer service to single-family homes for which sewer service by artificial lifting means is authorized under SMC 13.04.200. (Ord. 1156 § 1, 2015; Ord. 627 § 1, 1989).

Article III. Private Sewers

13.04.090 Private disposal – Conditions for use.

Where a public sanitary sewer is not available for use as provided by SMC 13.04.060, 13.04.070 and 13.04.080, and that is so certified by the utilities director, the building drain may be connected to a private sewage disposal system or replacement thereof, any of which must comply with applicable city ordinances, and in the absence of such applicable ordinances, with King County regulations for septic systems. (Ord. 627 § 1, 1989).

Article IV. Side Sewers and Connections

13.04.100 Permit – Requirement.

No person other than representatives of the city shall uncover, make connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the clerk. (Ord. 627 § 1, 1989).

13.04.110 Permit – Classes – Application.

A. There shall be three classes of side sewer permits:

1. For residential service;

2. For commercial service; and

3. For service to any establishment producing industrial wastes.

B. In each case, the owner or his agent shall make an application on a special form furnished by the clerk. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the clerk or water and sewer superintendent, including, in case of a new building, a plan or diagram of plumbing and drainage facilities. (Ord. 627 § 1, 1989).

13.04.115 Certificate of sewer availability.

A. A “certificate of sewer availability” shall be applied for prior to issuance of a side sewer permit to determine if sewer conveyance and treatment capacity is available. The application shall specify the applicant’s name, address of the subject property, the number of anticipated ERUs, and anticipated water usage.

B. The cost for preparation of this certificate is $50.00. In addition, the applicant shall pay one-half of the amount of the sewer connection charges in effect on the date the certificate issues, for each ERU purchased. Further, the applicant shall sign an agreement committing the owner or applicant to pay any difference between the current sewer connection charges paid at the issuance of the sewer availability certificate, and the sewer connection charges in effect at the time of issuance of a building permit for the subject property.

C. If sewer service is available to the property, if the city’s sewer system is sufficiently sized, constructed and maintained so as to be capable of physically conveying sewage from the property to the city’s wastewater treatment facilities, and if there is sufficient treatment and volumetric capacity at the wastewater treatment facilities to accept, treat and discharge sewage from the subject property consistent with applicable legal requirements in the then-applicable NPDES and wastewater discharge permits, the certificate shall be issued by the city and will be valid for six months from the date of issuance, unless the applicant renews the certificate of availability prior to the expiration date. A certificate of sewer availability may be renewed only once, for an additional six-month period, unless the applicant provides written documentation to the director’s satisfaction demonstrating that the applicant has on file with the jurisdiction in which the subject property is located (King County or the city of Snoqualmie) a complete building application or complete application for a subdivision, master site plan, or other binding land use application for the underlying property, and that, through no fault of the applicant, the building permit, subdivision, master site plan or other land use application is not likely to be approved within the certificate of sewer availability’s renewal term, in which case the director may grant one or more additional renewal terms as the director determines in his/her reasonable discretion.

D. Certificates are valid only for the real property referenced on the certificate. Any transfer of assignment of property ownership requires written notification to the city.

E. If a certificate has expired, the applicant will be required to pay all fees for a new certificate of sewer availability. (Ord. 1187 § 4, 2017).

13.04.120 Permits – Acquisition procedure.

Side sewer permits shall be obtained in the following manner:

A. Side sewer permits shall be issued only upon proper application at the office of the city engineer.

B. A permit which includes side sewer work in a public area may be issued only to a licensed side sewer contractor.

C. A permit which includes side sewer work on private property only may be issued to the owner of the property or to a licensed side sewer contractor.

D. No licensed side sewer contractor shall lay any pipe pursuant to any other person’s permit, nor shall any unauthorized person lay any pipe pursuant to a licensed side sewer contractor’s permit.

E. The applicant for a side sewer permit shall supply the city engineer with the following information:

1. Owner’s name;

2. Address to be served;

3. Owner’s mailing address;

4. Name and address to which bill shall be mailed;

5. Licensed side sewer contractor’s name;

6. Legal description of property to be served;

7. All outside dimensions of building to be served;

8. Location of buildings on property to be served;

9. Purpose of building;

10. Full course of the proposed side sewer.

F. A permit shall be obtained and the fees thereafter paid before any side sewer is started.

G. No permit shall be issued for side sewer connection before the main sewer is accepted.

H. The permit must be posted on the job and must be readily accessible for inspection by the utilities director or sewer superintendent.

I. A licensed side sewer contractor shall meet with the utilities director or sewer superintendent on the job whenever so directed. (Ord. 769 § 4, 1996; Ord. 627 § 1, 1989).

13.04.130 Side sewer contract – Conditions.

A side sewer contract between owners and a licensed side sewer contractor shall be subject to the following requirements:

A. The contract between the owner and the licensed side sewer contractor shall provide that the side sewer contractor shall connect all outlets from the plumbing fixtures existing at the time the work is done unless specifically noted otherwise.

B. The contractor shall, when requested by the owner, furnish the owner with a release of lien or claims of both labor and material or with an affidavit stating the same have been paid before payment is accepted for the side sewer work. (Ord. 627 § 1, 1989).

13.04.140 Wyes, tees, stubs.

Wyes, tees and stubs shall be located in the following manner:

A. Connection will be made at the point designated by the sewer superintendent.

B. If a side sewer tee or stub is not found at the measurement given by the sewer superintendent, the contractor shall prospect two feet in all directions from the measurement given and if not found, then notify the sewer superintendent.

C. Wyes may be used only if the sewer superintendent permits and at a location provided by the sewer superintendent.

D. An inspection tee with a riser to not less than one foot from the surface of the ground shall be placed on every side sewer at or near the connection to a common sewer, the location to be approved by the water and sewer superintendent. The tee shall be capped with a cast iron cover. If the inspection tee is located on private property, the city shall have the right to enter onto that private property and excavate to the inspection tee at any time when there is a reasonable doubt on the legal use of the building sewer, but the city shall restore the surface after such excavation. (Ord. 627 § 1, 1989).

13.04.150 Installation – Costs borne by property owner.

All costs and expense incident to the installation and connection of the side 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 of the side sewer. (Ord. 627 § 1, 1989).

13.04.160 Single sewer for each building – Exceptions.

A. A single side sewer shall be provided for every building unless the connection of more than one building to a single side sewer is approved by the utilities director prior to the construction of such side sewer. Nor more than one multiple dwelling, industrial, or commercial building shall be connected to a side sewer, unless otherwise approved by the utilities director.

B. If the side sewer is to be installed across or exist upon the property of another person, approved easement documents assuring that all property involved shall have perpetual use of the side sewer, and having provisions for maintenance and access for repair purposes, shall be signed by the recorded owners. These documents shall be acknowledged and recorded with the county auditor, and a copy provided to the city. (Ord. 627 § 1, 1989).

13.04.170 Use of old facilities.

Old side sewers, including septic tank lines, may be used only when they are found on examination and test by the sewer superintendent to meet all requirements of this chapter. The owner or his agent shall demonstrate to the sewer superintendent that no connection to such side sewer or septic tank line exists which conveys any material prohibited by SMC 13.04.420 through 13.04.500. (Ord. 627 § 1, 1989).

13.04.180 Materials – Construction.

The side sewer shall be cast iron soil pipe, ASTM specification A-74, with leaded joints, vitrified clay with “Brant” or approved equal rubber joint gaskets cement-asbestos with standard couplings and fittings, or other suitable material approved by the sewer superintendent. Joints shall be tight and waterproof. Any part of the side sewer that is located within less than 10 feet of the water service pipe shall be constructed of cast iron oil pipe with leaded joints unless such part is at least three feet lower than such water pipe. If installed and filled on unstable ground, the side sewer shall be of cast iron soil pipe, except that nonmetallic materials may be accepted if laid on a suitable concrete bed or cradle as approved by the sewer superintendent. (Ord. 627 § 1, 1989).

13.04.190 Size and slope.

The size and slope of the building sewer shall be subject to the approval of the water and sewer superintendent, but in no event shall the diameter be less than four inches for single connections and six inches for multiple connections. The slope of such building sewer shall be not less than three-sixteenths inch per foot for four-inch pipe or one-eighth inch per foot for six-inch pipe unless the depth of the public sewer requires a lesser slope, and such a lesser slope is approved by the water and sewer superintendent. (Ord. 627 § 1, 1989).

13.04.200 Placement.

Whenever possible, the side sewer shall be brought to the building at an elevation below the basement floor. No side sewer shall be laid under any building or within two and one-half feet of any foundation wall unless the side sewer is constructed of cast iron pipe. The minimum depth of trench shall be two feet. The side sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe fittings, as approved by the water and sewer superintendent. Fittings shall be used at all major changes of direction and a clean-out shall be provided at such fittings.

Whenever a side sewer or drain for a single-family residence cannot be constructed low enough to permit gravity flow to the public sewer, sanitary sewer service may be authorized to allow sewage carried by such drain to be lifted by approved artificial means and discharged to the public sewer; provided, however, that the cost of installation, operation, maintenance, inspection, and repair/replacement of the approved artificial sewer lifting facilities and appurtenances shall be at the property owner’s sole expense. In addition, a city of Snoqualmie single-family resident sanitary sewer pump system agreement in a form approved by the public works director shall be executed by the property owner and recorded against the property to be served by artificial sewer lifting means, prior to installation of any artificial sewer lifting facilities or appurtenances or connection of said facilities or appurtenances to the city’s sanitary sewer system. (Ord. 1156 § 2, 2015; Ord. 627 § 1, 1989).

13.04.210 Grade and elevation – Sewer tee and stub.

The owner of any building shall be responsible for obtaining from the sewer superintendent the location and elevation of the sewer tee or sewer stub at the point of connection and, in the case of new construction, for planning the building and plumbing to provide adequate slope for the side sewer. The applicant for permit shall be responsible for determining the available grade between the building drain and the sewer tee or stub. (Ord. 627 § 1, 1989).

13.04.220 Excavation – Pipe laying and backfill.

All excavations required for the installation of the side sewers shall be open trench work unless otherwise approved by the sewer superintendent. Pipe laying and backfill shall be performed in accordance with the following specifications:

A. Pipe shall be carefully bedded, either by forming the trench bottom to support the bottom one-quarter of the pipe or by over excavating and bedding the granular material thoroughly tamped or trod under and along side of the pipe.

B. No large rocks shall be left in the trench bottom which may damage the pipe, and no large rocks shall be placed in the backfill.

C. Pipe shall be laid with spigot ends downstream and all changes of directions shall be made by suitable fittings. The trench shall be free of water during laying of pipe.

D. No backfill shall be placed over the pipe until the work has been inspected and approved.

E. Backfill shall be placed by hand and be thoroughly tamped or trod to six inches above the top of the pipe.

F. Only the owner or a licensed side sewer contractor may excavate in the vicinity of a public sewer and stubs.

G. No downspouts or outside drains shall be connected to a side sewer. (Ord. 627 § 1, 1989).

13.04.230 Joints and connections – Material, method.

All joints and connections shall be made gastight and watertight. Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, federal specifications QQ-L-156, not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coating shall be permitted on the joining material until after the joint has been tested and approved by the sewer superintendent. All joints between metallic and nonmetallic pipe, or between two pipes of nonmetallic pipe shall be made with hot poured joining material or cement mortar approved by the sewer superintendent. Material for hot poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160 degrees Fahrenheit, nor be soluble in any of the waste carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar material approved by the water and sewer superintendent. Other joining materials and methods may be used only by approval of the sewer superintendent. (Ord. 627 § 1, 1989).

13.04.240 Joints and connections – Location.

The connection of the side sewer into the public sewer shall be made at the stub, if such stub is available at the suitable location. If no properly located stub is available, a neat hole may be cut into the public sewer to receive the side sewer, with entry at right angles or in the downstream direction at an angle of about 45 degrees, which hole may be cut only by licensed side sewer contractor. A 45-degree L may be used to make such connection, with the spigot end cut so as not to extend past the interservice of the public sewer. The invert of the side sewer at the point of connection shall be at the same or a higher elevation than the invert of the public sewer. A smooth neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the sewer superintendent. (Ord. 627 § 1, 1989).

13.04.250 Inspections – Procedures.

A. The applicant for the side sewer permit shall notify the sewer superintendent when the side sewer is ready for inspection. After pipe has been inspected, the bottom of the trench shall be puddled and the line will be checked for infiltration by the sewer superintendent by observing the flow through the inspection tee. An infiltration rate of more than four gallons per hour per 100 feet of pipe shall be sufficient reason for rejection.

B. As an alternate to the infiltration as specified, the pipe may be tightly sealed above the inspection tee by a plumber’s ball or similar apparatus, the pipe filled with water to the level of the lowest fixture, and the loss through exfiltration observed. Any joints observed to leak shall be repaired, and the test repeated until exfiltration is reduced to specified amount.

C. Proof that downspouts are not connected to the side sewer may be established by watering roof gutters and again observing flow through inspection tee or by any other acceptable test. (Ord. 627 § 1, 1989).

13.04.260 Barricades, lights – Restoration.

All excavations for side sewer installations 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 utilities director, when applicable. (Ord. 627 § 1, 1989).

13.04.270 Permit – Failure to secure.

Any person who makes or causes to be made any connection to public sewers of the city without receiving a permit therefor or executing the standard participation contract, provided by the city before such connection, shall be subject to the penalties set forth in SMC 13.04.510, and $200.00 in addition to charges payable to the city. (Ord. 627 § 1, 1989).

13.04.280 Conveyance of private sewer to city.

A private sewer constructed in a public right-of-way or in an easement conveyed to the city may be conveyed to the city subject to acceptance by the city. If the city accepts that conveyance, the sewer thereafter shall be a public sewer under the jurisdiction of the city. Prior to acceptance of the conveyance, the city may require that the grantor of the private sewer satisfy certain construction and other reasonable standards, including, but not limited to, the payment of a connection charge and an inspection fee and the execution of a standard participation contract. (Ord. 627 § 1, 1989).

13.04.290 Property outside city limits – Contract for service.

The owners of property outside the boundaries of the city or of property within the city which has not been assessed for sewers by the district may, if the city council consents, connect to the public sewer of the city and obtain sewage disposal service by entering into a standard participation contract, provided for by SMC 13.04.320 through 13.04.360. (Ord. 627 § 1, 1989).

13.04.300 Connection charges, assessments.

If the property to be connected has been assessed for sewers, the cost of constructing that portion of the side sewer between the main sewer and the property line of the public right-of-way or easement shall be borne by the owner as identified in the side sewer permit. (Ord. 1187 § 5, 2017; Ord. 627 § 1, 1989).

13.04.310 Disconnection – Procedure.

No structure may be disconnected from a side sewer and no side sewer may be disconnected from the public sewer for any reason without prior notification to and approval of the city (acting through its sewer superintendent). No approval shall be given unless the disconnection is lawful under this chapter and other applicable ordinances of the city, and satisfactory protection is given by the owner or his contractor to the city, including, but not limited to, the satisfactory capping of the side sewer or public sewer. Sewer service charge for any structure disconnected or to be disconnected shall continue until such disconnection is approved by the city council and the building and public sewer capped and otherwise protected to the satisfaction of the sewer superintendent. (Ord. 627 § 1, 1989).

Article V. Standard Participation Contract

13.04.320 Required when.

Properties, either inside or outside of the city, which are not entitled to sewer service by reason of not having been subject to a sewer assessment of the city or otherwise qualifying for sewer service, may be connected to the public sewers of the city and served thereby when the owner thereof executes a standards participation contract and the city council concurs therewith. (Ord. 627 § 1, 1989).

13.04.330 Terms.

The standard participation contract shall provide the following:

A. That the property owner warrants that he is the owner of that property with full authority to bind the property with the covenants and conditions contained in the contract;

B. The property owner shall subject his property to the terms of the contract and shall use the public sewer of the city in accordance with the rules and regulations of the city as they may be amended from time to time, and that the property shall be subject to the regular schedule of sewer service charges of the city as may be from time to time fixed by the city for its use classification, including, if the city so provides, a reasonable split rate for property served in particular areas;

C. That the property described in the contract shall be the only property served with sewer service pursuant to that contract;

D. That the property subject to the contract shall be subject to liens, penalties and interest for nonpayment of sewer service charges to the same extent as any other property served by the city;

E. That the property owner and his successors in interest shall not object to any annexation to the city or the formation of any utility local improvement district, the area of which may include the property subject to the contract. Credit shall be given on assessment for any reasonable cost incurred by the property owner in installing his own sewer lines which have been deeded to the city.

F. The contract shall be filed for record at the office of the King County auditor and shall constitute a charge against the property and a covenant running with the land and shall bind the property and all of the future owners thereof. (Ord. 627 § 1, 1989).

13.04.340 Charges.

A standard participation contract shall provide that before the property shall receive sewer service, the property owner must pay to the city, in addition to any trunkage, connection and permit fee or charge which may be due, an amount of money which shall constitute a charge in lieu of assessment and which may be determined as near as may be by the use of the assessment formula used in the city whose sewer lines will be tapped to serve the property subject to the contract, or by any fair means at the discretion of the city council. The charge in lieu of assessment must be paid in full before connection to the public sewers of the city as permitted, but if the city council approves, and if the property owner prepays at least 10 percent thereof, the balance of the charge in lieu of assessment may be paid in equal annual installments, plus interest at six percent annually on the unpaid balance, payable in not more than five years, or sooner. Unpaid balance plus interest shall become and remain a lien against the property prior to any other charges whatsoever, except taxes. (Ord. 627 § 1, 1989).

13.04.350 Council right to impose additional conditions.

To protect the interest of the city, the city council may require other conditions and provisions to be inserted in the standard participation contract as the individual case may warrant. (Ord. 627 § 1, 1989).

13.04.360 Real estate owners.

The city may also enter into contracts with owners of real estate as provided in the Municipal Water and Sewer Facilities Act. (Ord. 627 § 1, 1989).

Article VI. Fees and Charges

13.04.370 Side sewer permits – Fees.

A. At the time when an applicant applies for a side sewer permit to the building department or the county, the applicant shall pay to the city the sewer connection charges as set forth in SMC 13.04.380.

B. There shall be a $150.00 fee for the application and issuance of the permit by the city; however, if the city does not issue a permit, the sewer connection charges, or any part thereof which has been paid, shall be refunded. (Ord. 1187 § 6, 2017; Ord. 627 § 1, 1989).

13.04.380 Sewer connection charges.

A. General.

1. There shall be a charge for each side sewer connection in such amount as city council shall from time to time establish by ordinance.

2. The city shall collect connection charges in order that each connecting property shall bear its equitable share of the cost of the public sewer system.

3. The connection charges collectible pursuant to this section shall be waived for any side sewer connection within the Snoqualmie Ridge 1 and 2 Planning Areas as shown on Figure 7.2 of the city’s comprehensive plan, Snoqualmie 2032, unless the side sewer connection is requested for any of the purposes set forth in subsections (B)(2) through (4) of this section, in which case the applicable connection charges shall not be waived.

B. A new customer is:

1. Any customer requesting a new sewer service; and/or

2. Any customer adding to the number of units or fixtures served by an existing sewer service in the city’s service area; and/or

3. Any customer seeking to change customer classification; and/or

4. Any customer seeking a change in the size or number of water meters providing service to the customer’s property.

C. Customer Class. Customer classes shall be:

1. Single-family residential, a unit served by a single water meter including manufactured (mobile) homes;

2. Duplex family residential equals one unit each side;

3. Multifamily residential, more than two units served by one water meter, including apartments, trailer parks and RV parks; and

4. Commercial, including transient residential (e.g., motels and hotels) and schools.

D. Connection charges shall be paid:

1. Before the city issues a side sewer permit and a property is allowed to connect to the public sewer system; and/or

2. At the time of development/redevelopment of the property, if connection charges apply that have not yet been paid, such as charges for new facilities that directly benefit the property.

3. Connection charges that have been paid as a result of prior development activities or through participation in a LID or ULID shall not be reassessed.

4. The city may enter into contracts with property owners of single-family homes and with the owners of development projects that meet criteria specified by the utility for payment of connection charges over time instead of as a lump sum. Such connection may be paid immediately or shall be paid as follows:

a. One-fourth at the issuance of the permit;

b. The balance in three equal annual installments on the anniversary date of the issuance of the permit;

c. The balance of the connection charge shall bear interest at 12 percent per year, and shall be a lien against the property;

d. In the event the owners fail to pay any installment when due, the entire balance shall become immediately due and payable. A penalty of 10 percent of the remaining balance shall be imposed as an administrative fee and the balance and penalty shall thereafter bear interest at 12 percent per year, and the city attorney may immediately file a lien with the King County auditor and shall, after the lien has been delinquent for four months, file a lien with the King County auditor.

E. Connection charges shall include:

1. Direct facilities charges, if applicable as defined in SMC 13.04.382.

2. Sewer general facilities charges as defined in SMC 13.04.384.

3. Latecomer’s agreements, if applicable as defined in SMC 13.04.386. (Ord. 1187 § 7, 2017).

13.04.382 Direct facilities charges.

A. The utility shall collect direct facilities charges from property owners that directly benefit from the city sewer system utility built or privately built sewer facilities, except property owners who previously paid their fair share through an LID or ULID.

B. The direct facilities charge is the property owner’s equitable share of the established costs of the sewer facilities he/she benefits from, regardless of whether those sewer facilities were constructed by the city or a private party. The equitable share shall include interest charges applied from the date of construction acceptance of the facility until the property connects, or for a period not to exceed 10 years, whichever is less, at a rate commensurate with the rate of interest applicable at the time of construction of the facility to which the property owner is seeking to connect but not to exceed 10 percent per year; provided, that the aggregate amount of interest shall not exceed the equitable share of the cost of the facility allocated to such property owner.

C. The facilities’ costs shall be allocated to benefitting property owners based on the number of equivalent residential units (“ERUs”) single-family equivalents. The director may, however, make such allocation based on front footage or other reasonably based methodology if the director determines that such alternate basis or methodology better assures equitable sharing of cost by all properties benefitting from the facilities.

D. Administrative Procedures – Adjustment of Charges. The director is authorized to adopt administrative procedures for the purpose of administering the provisions of this section, and to adjust the charges established by subsections A and B of this section from time to time to reflect the actual cost of the facilities for which the charges are made. (Ord. 1187 § 8, 2017).

13.04.384 Sewer general facilities charges.

A. The general facilities charge (“GFC”) is a charge imposed upon a new customer to recover the customer’s equitable share of the cost of the system and is used for funding construction of future general facilities.

B. Each new customer shall pay the general facilities charge for the customer class in effect on the date of application for service or change of service as provided herein.

C. A potential customer who holds a certificate of sewer availability, but who has not yet connected the development for which the certificate was issued to the sewer system, shall pay the general facilities charge prior to connecting the development to the city sewer system.

D. The 2021 GFC shall be imposed upon all new customers, regardless of customer class, on a per-equivalent residential unit “ERU” basis, as follows:

Customer Class

ERU Factor

General Facilities Charge

1 SF residential unit

1.00

$8,354

10-unit MF building

10.00

$83,540

E. Beginning on January 1, 2022, and on January 1st of each year thereafter, the 2021 sewer GFC shall be increased based on the changes in the Engineering News-Record construction cost index for the Seattle area as determined the prior December.

F. For purposes of calculating a sewer general facilities charge only, an ERU is equal to 138 gallons per day of water use during non-peak season.

G. Changes to Service.

1. Any customers seeking to increase the size of the water meter serving the customer’s property shall pay, at the time of submittal of the application for the new, increased meter, an additional general facility charge in an amount equal to the difference between the general facility charge credit for its currently sized meter and the ERU basis previously paid to the city, plus the applicable general facility charge amount due for the proposed new, increased meter size.

2. Any customer seeking to or who does change his/her customer classification shall pay the general facility charge for the new customer classification in effect on the date the application for change is made; provided, that the customer will receive a credit up to the amount of general facility charge previously paid.

H. The general facilities charge is a charge in addition to the charge for new service connections. The general facilities charge is not a charge or payment in lieu of any utility local improvement district assessment, latecomer fee, main extension cost, or direct facilities charge. This charge is imposed in addition to any charge for cost of connection.

I. Funds received pursuant to the general facilities charge shall be used for capital improvement projects undertaken to construct general facilities and payment of debt service on capital improvement projects. Funds received from the general facilities charge shall be accounted for in the utilities capital improvement fund and/or in the utilities debt service redemption funds of the city. Interest earned from the investment of such funds shall be used for capital improvements. (Ord. 1248 § 1, 2021; Ord. 1187 § 9, 2017).

13.04.386 Latecomer agreements.

A. General. The utility may enter into any contracts authorized by Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of property owners constructing public facilities, commonly known as latecomer agreements.

B. Requesting a Latecomer Agreement. A property owner may request a latecomer agreement if the owner constructs a public sewer facility that benefits property in addition to the owner’s property and it is not feasible for the owner to include such other property owner in the utility developer extension agreement. The request must be made in writing and unit costs must be provided before the utility accepts the public sewer facility.

C. Benefitting Properties. The utility shall determine what properties benefit from the public sewer facility that shall be subject to the latecomer agreement.

D. Method of Cost Allocation. The utility shall determine the method of cost allocation used.

E. Recording. The utility shall record the latecomer agreement with King County against the benefitting properties, at the expense of the property owner requesting the agreement.

F. Cost to Latecomer. As a condition of connection to the public sewer facility, each latecomer shall pay, at the time of connection, his/her pro rata share of the design and construction costs of the sewer facility, which are determined by the utility and specified in the latecomer agreement. Design and construction costs shall include but are not limited to design, installation, inspection, construction management, interest and the utility’s project management costs.

G. Agreement Duration. Duration of latecomer agreements is defined in the agreement, as limited by applicable law.

H. Forwarding Latecomer Payment. While the latecomer agreement is in effect, the utility will collect the latecomer payments and forward them to the property owner who paid for the facility, as specified in the agreement. (Ord. 1187 § 10, 2017).

13.04.390 Service charge – When due.

A. All charges for sewer service shall be due and payable on receipt of the city’s billing for the services rendered.

B. As for buildings or residences in existence at the time sewage services become available to the building or residence, the first billing shall be made during the month next following the month in which written notice was given by the city, pursuant to SMC 13.04.060.

C. As for buildings or residences constructed after the time sewage disposal facilities have been constructed capable of serving such buildings or residences, the first service charge shall be billed during the month next following connection to the sewage system of the city. (Ord. 627 § 1, 1989).

13.04.400 Delinquency – Determination,   penalty.

All connection charges against property owners receiving or capable or receiving such service are deemed charges against the property served, and if such charges as established in this title are not paid by the fifteenth day of the month, or if the fifteenth day of the month is a legal holiday, then on the next business day, such charges shall be delinquent. Upon any such sewage connection charge becoming delinquent, there shall be added a penalty of 10 percent of the amount of such charge then due, and from the date of delinquency of any connection charge or sewer service charge there shall be charged interest at 12 percent on the delinquent charges and penalty added thereto. Delinquent charges, penalties added thereto, and interest on such charges and penalties shall be a lien against the property to which service was provided or which was capable of being served, subject only to the lien for general taxes. The clerk shall direct the city attorney to prepare and file a lien with the King County auditor whenever such charges have been delinquent for a period of four months, but may be so certified whenever such charges have been delinquent for a period of three months. The city may at any time thereafter bring suit and foreclose such lien by civil action in the superior court of the state for King County, pursuant to RCW 35.67.220 et seq. (Ord. 627 § 1, 1989).

13.04.410 Delinquency – Notice.

Delinquent notices may be mailed either to the occupant or to the owner of the property on which the structure so served is located so far as the city may reasonably ascertain the same. Failure to receive such bills shall not relieve any person liable therefor from the obligation to pay the same, nor the property receiving such service, or capable of receiving such service, from such lien therefor as may thereafter attach to the property in the manner provided by law. (Ord. 627 § 1, 1989).

Article VII. Use of Public Sewer

13.04.420 Discharge of specified unpolluted waters – Prohibited.

No person shall discharge or cause to be discharged any storm waters, surface waters, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process water to any sanitary sewer. (Ord. 627 § 1, 1989).

13.04.430 Discharge of specified pollutants – Prohibited.

Except as provided in this chapter, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

A. Any liquid or vapor having temperature higher than 100 degrees Fahrenheit;

B. Any water, or wastes which may contain more than 100 parts per million, by weight, of fat, oil, or grease;

C. Any gasoline, benzene, naphtha, fuel oil, lube oil, or other flammable or explosive liquid, solid or gas;

D. Any garbage that has not been properly shredded;

E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

F. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the city;

G. Any waters or wastes containing toxins or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

H. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

I. Any noxious or malodorous gas or substance capable of creating a public nuisance. (Ord. 627 § 1, 1989).

13.04.440 Grease, oil, sand interceptors – Required when.

Grease, oil and sand interceptors shall be provided on all restaurants and such other commercial or industrial establishments when, in the opinion of the utilities director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients. Such interceptors shall be of a type and capacity approved by the utilities director and shall be so located as to be readily and easily acceptable for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removed covers, which when bolted in place shall be gastight and watertight. All costs associated with design, installation and maintenance to insure a working, reliable grease trap system shall be borne solely by the sewer customer. (Ord. 1187 § 11, 2017; Ord. 627 § 1, 1989).

13.04.450 Grease, oil, sand interceptors – Maintenance.

Where installed, all grease, oil and sand interceptors shall be maintained by the sewer customer owner, at his/her sole expense, for continuously efficient operation at all times at a minimum of once every 12 months or more often as needed to avoid visible grease buildup within the system at their site. If the grease interceptor is near overflowing, the director or his or her designee may mandate that cleaning be accomplished in a more immediate time frame and/or at more frequent intervals. If the director or his/her designee or other city personnel cannot locate the sewer customer in a timely manner, city utility personnel may take such actions as they deem reasonably necessary to prevent an overflow of grease or other solids, up to and including the removal of grease via commercial means or services, the costs of which shall be borne solely by the sewer customer. (Ord. 1187 § 12, 2017; Ord. 627 § 1, 1989).

13.04.460 Discharge of specified wastes – Approval required.

A. The admission into the public sewer of any waters or wastes having the qualities set forth in this subsection shall be subject to review and approval by utilities director:

1. A five-day BOD greater than 300 parts per million weight; or

2. Containing more than 350 parts per gallon by weight of suspended solids; or

3. Containing any quantity of substances having the characteristics described in SMC 13.04.430; or

4. Having an average daily flow greater than two percent of the average daily sewage flow of the district.

B. Where necessary, in the opinion of the utilities director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

1. Reduce BOD to 300 parts per million by weight, and the suspended solids to 350 parts per million by weight; or

2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in SMC 13.04.430; or

3. Control the quantities and rates of discharge of such waters or wastes.

C. Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the approval of the utilities director and of the Pollution Control Commission of the state when required by law, and no construction of such facilities shall be commenced until such approvals are obtained in writing. Any expenses incurred by the city in reviewing such plans, specifications and information shall be paid by the property owner or his representative before the utilities director’s approval shall be issued. (Ord. 627 § 1, 1989).

13.04.470 Preliminary treatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation and by the owner at his expense. (Ord. 627 § 1, 1989).

13.04.480 Manholes.

When required by the utilities director, the owner of any property served by a side sewer carrying industrial wastes shall install a suitable control manhole in the side sewer to facilitate observation, sampling and measurement for the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the utilities director. The manhole shall be installed by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 627 § 1, 1989).

13.04.490 Measurements, test samples.

All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in SMC 13.04.430 and 13.04.460 shall be determined in accordance with standard methods for the examination of water sewage, and shall be determined at the control manhole provided for in SMC 13.04.480, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream in the public sewer to the point at which the side sewer is connected. (Ord. 627 § 1, 1989).

13.04.500 Admission of wastes by special agreement.

Nothing in this chapter shall be construed as preventing any special agreement or arrangement between the city and the manufacturing of any industrial wastes whereby industrial wastes of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by that manufacturer. (Ord. 627 § 1, 1989).

Article VIII. Side Sewer Contractors

13.04.510 Requirement – Exemption.

For the purpose of assuring safe and quality construction of side sewers, safe and quality connection of side sewers of the city, and affording satisfactory protection of the sewer users of the city, no person other than the owner of the property involved or his agent may construct, install, repair, reconstruct, excavate, or connect to the public sewers of the city any side sewer unless he is a side sewer contractor holding a valid license of the city, pursuant to this chapter, and also holding a valid Washington Contractor License. (Ord. 627 § 1, 1989).

13.04.520 License – Application procedure.

Side sewer contractor licenses shall be issued annually by the city, based upon information contained on the application and obtained from other reliable sources relating to the experience, ability to perform the necessary work, and reputation of the applicant and his satisfying the requirements of this chapter. All applicants for the license shall complete an application furnished by the clerk which shall require the applicant to furnish information relating to the experience, ability to perform side sewer work, and personal, financial, and previous work references. The application shall contain a statement that the side sewer contractor agrees to abide by the requirements of this chapter. (Ord. 627 § 1, 1989).

13.04.530 License – Bond insurance requirement.

A. Every applicant for a license must, prior to the issuance of the license to him, deposit with the clerk:

1. A surety bond in favor of the city in the amount of $50,000, with a surety or sureties thereon approved by the clerk and conditioned that he will perform the obligations imposed by this chapter and the resolutions and requirements of the city relating to side sewers and side sewer contractors; and

2. Satisfactory proof that the applicant currently carries the following insurance coverage:

a. Public liability insurance in an amount not less than $300,000 for injuries and accidental death, and

b. Property damage and fire insurance in an amount not less than $50,000.

B. As long as a side sewer contractor has a license, he shall maintain such bond and insurance, and such additional limits as may be required from time to time, and shall furnish proof thereof to the city whenever required by the utilities director or clerk. (Ord. 627 § 1, 1989).

13.04.540 Liabilities and responsibilities.

Every licensed side sewer contractor shall:

A. Post a valid side sewer permit at the site of the work prior to commencing the work relating thereto;

B. Contract for work using only a form of side sewer contract as may be provided by the clerk or utilities director, executed in triplicate, which provides:

1. A clear description, including sketch, of the work to be performed and the materials to be used, and

2. That the workmanship and materials shall be guaranteed for a period of one year after installation and acceptance thereof;

C. Adhere at all times to the then current requirements of the city for side sewers and side sewer contractors, including such reasonable requirements of the utilities director or sewer superintendent relating to construction, installation, reconstruction and repair; and

D. Be liable for and indemnify the city against all damages to the sewage system of the city occasioned by his work. (Ord. 627 § 1, 1989).

13.04.550 License – Revocation.

A. The license of a side sewer contractor may be revoked by the city council or temporarily suspended by the utilities director until the next meeting of the city council, for any of the following causes:

1. Fraud or misrepresentation in applying for a license;

2. Failure to observe the rules and regulations of the city relating to side sewers and side sewer contractors;

3. Failure to pay for labor or materials used in the construction of side sewers;

4. Fraud or misrepresentation to the owner, occupant, or agent or representative thereof for the purpose of obtaining a contract for the construction of a side sewer, or during the course of work done pursuant to such a contract, and including the failure to adhere to the standard side sewer contract;

5. Failure to correct work or pay any default covered by the guaranty in the standard side sewer contract;

6. Failure to pay for work performed by the sewer superintendent or city, or caused to be performed thereby, for which the contractor may be liable; or

7. Failure to maintain, or, when requested, prove the maintenance of, the surety bond and insurance required to be maintained by SMC 13.04.530.

B. Prior to the meeting of the city council at which action or revocation of a license will be taken, the contractor shall be notified and shall be afforded an opportunity to be heard by the city council at that meeting. If the license is revoked, or suspended, the contractor must forthwith cease any side sewer construction work being performed by him within the city. (Ord. 627 § 1, 1989).

13.04.560 License – Renewal.

The side sewer contractor’s license may be renewed annually by application as aforesaid and satisfaction of the requirements of this chapter. (Ord. 627 § 1, 1989).

Article IX. Administration and Enforcement

13.04.570 Agent or owner of serviced premises.

Any person who has the care, custody, control or management of any premises or building, or who has control of the operation thereof or the collection of rentals therefrom, shall, for the purpose of this chapter, be deemed the agent of the owner of such premises or building, and the giving of all notices provided in this chapter to that agent shall be deemed notice to the owner. The mailing or delivery of bills for sewer service charges, permit fees, connection or trunkage charges, or other charges to that agent shall be deemed mailing or delivery to the owner. (Ord. 627 § 1, 1989).

13.04.580 Right of entry to inspect.

The utilities director and other duly authorized employees or representatives of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. (Ord. 627 § 1, 1989).

13.04.590 Sewer superintendent – Authority.

The utilities director shall be the administrator of the city’s sewerage system, and all instructions and decisions made by him shall be final, but appeals from such instructions or decisions may be made to the city council in writing at any regular meeting of the council. Where this chapter requires approval by permission or decision of, or instruction from the utilities director, the utilities director shall be guided solely by generally recognized engineering standards and practices, the operational demands and requirements of the sewerage system, and the peculiarities of construction, topographies, soil condition, and other relevant special factors affecting specific decisions to be made by the utilities director. (Ord. 627 § 1, 1989).

13.04.600 Vandalism.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or piece of equipment which is a part of the city sewer works. (Ord. 627 § 1, 1989).

13.04.610 Violator – Subject to expenses.

Any person who violates any provision of this chapter, shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation, including any expenses incurred by the city in collecting from such person of such loss, damage, expense, cost of inspection or cost of correction. (Ord. 627 § 1, 1989).

13.04.620 Violator – Notice.

Any person found to be violating any provision of this chapter shall be served by the city with or mailed written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and make all necessary corrections. (Ord. 627 § 1, 1989).

13.04.630 Violator – Continued offense.

Any person who continues any violation beyond the time limit provided for in SMC 13.04.620, shall in addition to the items of expense provided in SMC 13.04.610, become liable to the city for a penalty in the amount of $500.00 for each day that the violation continues, together with interest thereon at 12 percent per year, from the expiration of the time limit provided in SMC 13.04.610. (Ord. 627 § 1, 1989).

13.04.640 Violations – Abatement.

Any violation of the provisions of this chapter which in the opinion of the utilities director constitutes a hazard to the public health, safety or welfare, is hereby declared to be a public nuisance, and may be abated by action in the superior court. (Ord. 627 § 1, 1989).


1

Prior legislation: Ords. 357, 364 and 541.