Chapter 13.08
USE OF PUBLIC SEWER

Sections:

13.08.010    Unlawful deposit of waste.

13.08.020    Privies, septic tanks and cesspools prohibited.

13.08.030    Sewer connection required.

13.08.035    Plumbing system inspection authorized when.

13.08.037    Plumbing permit fee schedule.

13.08.040    Private sewage disposal—When required.

13.08.050    Connection to new public sewer required.

13.08.060    Failure to connect to public sewer.

13.08.070    Private sewer design, operation and maintenance.

13.08.080    Connection of new buildings to public sewer.

13.08.090    Service required prior to occupation.

13.08.010 Unlawful deposit of waste.

It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 699 § 2.01, 1972)

13.08.020 Privies, septic tanks and cesspools prohibited.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. (Ord. 699 § 2.02, 1972)

13.08.030 Sewer connection required.

The owner of each lot or parcel of real property within the city, upon which lot or parcel there is situated any building or structure for human occupancy or use for any other purpose, and whenever there is a public sewer line within two hundred feet of the property line of such lot or parcel and said public sewer line is capable of serving the property, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage as defined herein, with the public sewer system at his own expense within thirty days after acceptance by the city of the public sewer line capable of serving such lot or parcel. All property shall be deemed capable of being served by sewer lines of the city if the first floor plumbing of any building or structure located thereon can be served into the sewer lines by gravity flow, even though the basement drains of such building or structure cannot be served by gravity flow into the city sewer lines. (Ord. 699 § 2.03, 1972)

13.08.035 Plumbing system inspection authorized when.

Where any structure is permitted to connect to any city sanitary sewage system and/or water system, the city building administrator may make or require an inspection of the plumbing system to ensure compliance with any city requirements, prior to a final inspection by the city building inspector. (Ord. 1191 § 1 (part), 1996: Ord. 979 § 1 (part), 1988)

13.08.037 Plumbing permit fee schedule.

(a)    Permit Issuance.

(1)    For issuing each permit: twenty dollars.

(2)    For issuing each supplemental permit: ten dollars.

(b)    Unit Fee Schedule (in addition to subsections (a)(1) and (2) of this section).

(1)    For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor): seven dollars.

(2)    For each building sewer and each trailer park sewer: fifteen dollars.

(3)    Rainwater systems, per drain (inside building) : seven dollars.

(4)    For each cesspool (where permitted): twenty-five dollars.

(5)    For each private sewage disposal system: forty dollars.

(6)    For each water heater and/or vent: seven dollars.

(7)    For each gas-piping system of one to five outlets : five dollars.

(8)    For each additional gas piping system outlet, per outlet: one dollar.

(9)    For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps: seven dollars.

(10)    For each installation, alteration or repair of water piping and/or water treating equipment, each: seven dollars.

(11)    For each repair or alteration of drainage or vent piping, each fixture: seven dollars.

(12)    For each lawn sprinkler system on any one meter including backflow protection devices therefor: seven dollars.

(13)    For atmospheric-type vacuum breaker not included in subsection (b)(12):

(i)    One to five: five dollars.

(ii)    Over five, each: one dollar.

(14)    For each backflow protective device other than atmospheric type vacuum breakers:

(i)    Two-inch diameter and smaller: seven dollars.

(ii)    Over two-inch diameter: fifteen dollars.

(c)    Other Inspections and Fees.

(1)    Inspections outside of normal business hours: thirty dollars.*

(2)    Reinspection fee: thirty dollars.

(3)    Inspections for which no fee is specifically indicated: thirty dollars.*

(4)    Additional plan review required by changes, additions or revisions to approved plans (minimum charge: one-half hour): thirty dollars.*

*    Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved.

(Ord. 1191 § 1 (part), 1996: Ord. 979 § 1 (part), 1988)

13.08.040 Private sewage disposal—when required.

Where a public sewer line is not available under the provisions of Section 13.08.030, a private sewer and sewage disposal system shall be constructed in accordance with provisions herein. (Ord. 699 § 2.04, 1972)

13.08.050 Connection to new public sewer required.

Whenever a public sewer becomes available to a lot or parcel served by a private sewage disposal system as provided in the foregoing section, a direct connection shall be made to the public sewer in compliance with this ordinance and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 699 § 2.05, 1972)

13.08.060 Failure to connect to public sewer.

In the event the side sewer and connection to the public sewer are not made within the time herein provided, following notice as provided, the superintendent is authorized and directed to cause the same to be made and file a statement thereof with the city clerk, and thereupon a warrant shall be issued under the direction of the city council for the payment of such costs. Such amount, together with a penalty of ten percent thereof, plus interest at the rate of eight percent per year upon the total amount of the cost and the penalty shall be assessed against the property upon which side sewer and connection has not been placed as required and shall become a lien thereon as herein provided. (Ord. 699 § 2.06, 1972)

13.08.070 Private sewer design, operation and maintenance.

The type, capacities, location and layout of a private sewage system shall comply with all recommendations and regulations of the Department of Public Health of the state of Washington, and of the regulations of the city of Sumas. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet or to ground surface. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city. (Ord. 699 § 2.07, 1972)

13.08.080 Connection of new buildings to public sewer.

Any building hereafter constructed or made available for human occupation and use upon a lot or parcel or real estate capable of being served as defined in Section 13.08.030, shall, within ninety days after an application for a side sewer permit shall have been made, or prior to occupancy of the premises, whichever event first occurs, be connected to the sewer system of the city. (Ord. 699 § 2.08, 1972)

13.08.090 Service required prior to occupation.

Any building hereafter constructed or made available for human occupation and use shall be served by approved public or private water and septic or sewage facilities providing both adequate and sanitary water and disposal and treatment of sewage. Any building without approved private water and septic facilities and to which public water or sewer services have been disconnected, terminated, or otherwise do not exist is hereafter referred to as a “building lacking services.”

A building lacking services is uninhabitable and unfit for human occupation. No person shall inhabit, occupy, or commence occupation or habitation of any building lacking services during any period in which services are lacking. No person that has knowledge of such lack of services shall collect, receive, ask for, or demand rent or rentals for the lease or rental of a building lacking services during any period in which services are lacking. It shall be prima facie evidence that a person has knowledge of such lack of services upon notice being provided to that person by the city advising of the same.

Each day that a violation of this section continues shall constitute a separate offense and be punishable as such. Any violation of this section shall be punished as follows:

(a)    First Offense. The first offense shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than one hundred fifty dollars, which minimum amount shall not be suspended or deferred.

(b)    Second Offense. The second offense within a five-year period shall be punished by a penalty of not more than five hundred dollars, including all costs and assessments, and not less than two hundred dollars, which minimum amount shall not be suspended or deferred.

(c)    Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be two hundred fifty dollars, which amount shall not be suspended or deferred.

Law enforcement officers commissioned by the city are authorized to issue a notice of infraction upon certification that the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1390 § 1, 2004)