Chapter 13.04
SEWER SYSTEM

Sections:

13.04.010  Definitions.

13.04.020  Connection required.

13.04.021  Side sewer connection/installation fee.

13.04.025  Storm water discharge not permitted.

13.04.026  Unpolluted discharge shall have approved outlet.

13.04.027  Storm water connection not permitted in sanitary system.

13.04.028  Violation of Sections 13.04.025 through 13.04.027.

13.04.029  Enforcement of Sections 13.04.025 through 13.04.027.

13.04.030  Sewer inspector authority.

13.04.040  Connection authority and cost assessment.

13.04.050  Opening public sewer--License and permit required.

13.04.060  Sewer construction or extension--Permit required.

13.04.070  Additional work--Permit required.

13.04.080  Permit--Duration.

13.04.090  Permit--Display.

13.04.100  Permit--Required.

13.04.110  Lateral sewers--Specifications.

13.04.120  Excavations--Safety and restoration.

13.04.130  Permit--Inspection.

13.04.140  Filling trenches--Inspection.

13.04.150  Right of entry.

13.04.160  Delay of work--Restoration authority.

13.04.170  Improper work--Completion authority.

13.04.180  Repair of obstructed or broken sewers.

13.04.190  Injury to public sewer.

13.04.200  Depositing rubbish unlawful.

13.04.210  Discharge of exhaust steam and hot water.

13.04.220  Draining inflammable substances.

13.04.230  Grease traps required.

13.04.240  Obstructions--Planting of certain trees and shrubbery prohibited.

13.04.250  Correction of noncomplying side sewer--Lien.

13.04.255  Disconnection of side (lateral) sewers authorized upon replacement of adjacent sewer mains.

13.04.260  Collection of liens.

13.04.270  Violation--Penalty.

13.04.010 Definitions.

Whenever used in this chapter:

A.  The term “lateral sewer” shall be construed to mean the sewer from the trunk in the street to the residence or industrial plant.

B.  The word “person” shall, when necessary, be held and construed to mean and include natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent, or employee; and singular number, when necessary, shall be held and construed to include the plural, and the masculine pronoun to include the feminine.

C.  The word “sewer” shall be construed to mean a sanitary sewer used to conduct domestic and industrial wastes.

D.  The “sewer inspector” shall be held and construed to mean not only such inspector, but any of his authorized assistants.  (Ord. A-217 §25, 1950)

13.04.020 Connection required.

The owner or occupant of any land or premises shall connect such premises, water closets and water pipes located thereon and used as a receptacle or conductor of filth with the nearest accessible public sewer abutting thereon, and whenever, in the case of platted land, there is a public sewer within one hundred twenty-five feet thereof, or in the case of unplatted land, within three hundred feet thereof, and in all cases where the health officer shall determine that the public health and safety shall require it, to construct, or cause to be constructed, a sufficient sewer in the manner hereinafter set forth; provided, however in the event the sewer inspector determines that there is no public health hazard, and only for so long as no public health hazard exists, the property owner may elect not to connect to the sewer system so long as all fees which otherwise would be due and payable if a sewer connection was installed shall be paid to the town clerk.  The sewer inspector, in the event of a failure or other malfunction of a septic system may require connection to the public sewer even if the failure or malfunction is temporary and notwithstanding that the property owner has brought the septic system into good operating condition.  (Ord. 320 §2, 1997:  Ord. 306 §3, 1996)

13.04.021 Side sewer connection/installation fee.

There is established a side sewer replacement connection/ installation fee (hereafter “connection fee”) as follows:

A.  Whenever a property owner privately replaces a defective side sewer, the connection fee payable shall be a fee of one hundred dollars only (i.e., inspection fee); provided, however, this connection fee shall be waived if the side sewer is constructed and successfully retested within thirty days of the date the new sewer main is installed.

B.  Whenever a property owner in need of replacement of a defective side sewer, who has qualified as a low income applicant as more fully described in subsection (B)(4) of this section, and has filed an application for a low income connection fee; a connection fee shall be assessed at the time of connection to the town's sewer system by the installation of a replacement side sewer as follows:

1.  The low income connection fee shall be computed as follows:  The total fee shall be determined by the costs incurred in replacing the side sewer (which is being paid initially by the town on behalf of low income property owners).  The fee shall be equal to the total costs of materials as well as labor provided by a licensed contractor each of which is verified in writing to the satisfaction of the town from the property owner's property line to the property owner's structure.  In addition there shall be added five percent of the above fee to cover the costs of administration of the low income connection fee program.

2.  The low income connection fee shall be payable only in those cases when the town, following a signed application from the property owner, approves the applicant as qualifying as a low income applicant and the town installs a side sewer as a result of that application.

3.  “Low income” as used in this section shall mean total gross income (including total wages, pensions, social security, public assistance, investment income etc.) of all people living in the household for the calendar year prior to the date of application which does not exceed the following amounts:

Number of People in Household

Income

 

 

1

$18,500.00

2

21,100.00

3

23,700.00

4

26,400.00

5

28,500.00

6

30,600.00

7

32,750.00

8

34,850.00

4.  Applicants for the low income connection fee must be the owner of residential property only.

5.  Rental residential property shall not be permitted to qualify for the low income connection charge.

6.  The applicant must be the owner of the subject real property at the time of the connection to the public sewer system and for as long as delayed payments of the connection fee are being made as provided in this section.  In the event the property is sold during the delayed payments period all remaining unpaid delayed payments of the connection fee shall be payable at time of sale.  A lien shall be signed by the applicant in favor of the town giving notice of this provision.

7.  The town council can approve very special situations which do not meet the above criteria on an individual basis, based upon a written application to the town council.  (For example, retirement during the prior calendar year which results in otherwise qualifying lower current income.)

8.  The payment of the total connection fee may be delayed and the fee paid in one hundred twenty equal monthly installments of ____________ percent of the total fee.  In the event the applicant fails to make a delayed payment as set out above, the applicant shall pay a penalty of ____________ percent of each payment which is made more than ten days late.  (Ord. 305 §2, 1996)

13.04.025 Storm water discharge not permitted.

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer, unless otherwise approved by the town council.  (Ord. 253 §1(part), 1992)

13.04.026 Unpolluted discharge shall have approved outlet.

A.  Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the town council.

B.  Industrial cooling water or unpolluted process waters may be discharged on approval of the town council to a storm sewer or natural outlet.  (Ord. 253 §1(part), 1992)

13.04.027 Storm water connection not permitted in sanitary system.

A.  No person shall make connection of roof downspouts, exterior foundation drains, basement or subterranean drains or other sources of storm water surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is otherwise approved by the town council.

B.  Storm drainage from hard-surfaced or graded areas, such as parking lots, service station yards and storage yards, shall enter the public storm sewer system or other outlet approved by the town council and as required by this section and Sections 13.04.025 and 13.04.026 and as such facilities are available.  Such storm drainage shall not be connected or enter a sanitary sewer, unless otherwise approved.  (Ord. 253 §1(part), 1992)

13.04.028 Violation of Sections 13.04.025 through 13.04.027.

Violation of Sections 13.04.025 through 13.04.027 of this chapter shall constitute a civil infraction punishable by a fine as set forth in Section 1.08.030 per violation per day for each day the condition of violation continues.  (Ord. 376 §22, 2001:  Ord. 367 §29, 2001:  Ord. 253 §1(part), 1992)

13.04.029 Enforcement of Sections 13.04.025 through 13.04.027.

Enforcement of Sections 13.04.025 through 13.04.027 of this chapter shall be the responsibility of the working foreman.  Applications for approval of variances must be made to the town council by written request and filed with the town clerk's office.  (Ord. 253 §1(part), 1992)

13.04.030 Sewer inspector authority.

The sewer inspector is authorized and empowered, and it shall be his duty, to prohibit the use of any privy well or vault upon any premises in the town, whenever the use and maintenance thereof is detrimental or dangerous to life and health, and to order any such privy well or vault to be disinfected and filled with fresh earth; to order a septic tank (specifications for which shall be as required by the sewer inspector and as designed by the State Department of Health) to be constructed upon any such premises and to order the plumbing installed in any building or structure located thereon to be connected with the septic tank.  (Ord. A-217 §2, 1950)

13.04.040 Connection authority and cost assessment.

Whenever the public health or public safety requires that any lands, buildings or premises be connected with the public sewer or otherwise drained in the manner provided in Section 13.04.030, the sewer inspector shall serve upon the owner, agent or occupant of such premises a notice in writing, specifying the time within which such connection must be made, which time shall not be more than sixty days from the date of service of such notice.  If such owner, agent or occupant shall fail, neglect or refuse to connect such lands, buildings or premises with the public sewer within the time specified in such notice, the sewer inspector may make such connection and the cost of the connection, as made, shall be assessed against the property so connected and the amount thereof shall become a lien upon the premises so connected.  The attorney of the town is authorized, empowered and directed to collect the amount of such cost, either by the foreclosure of such lien or by a suit against the owner or occupant of such premises, which suit shall be maintained in the name of the town, as plaintiff, in any court of competent jurisdiction.  (Ord. A-217 §3, 1950)

13.04.050 Opening public sewer--License and permit required.

It shall be unlawful for any person, other than the sewer inspector or his duly authorized assistant, to make any opening in any public sewer or to connect any private lateral or sewer therewith.  It shall be unlawful for any person to lay, repair, alter or connect any private lateral or sewer in a public street, avenue, alley or other public place unless such person has first obtained a permit so to do from the town; and such work shall be done under the supervision of the sewer inspector, by an experienced plumber licensed and bonded pursuant to the provisions of ordinances of the town relating thereto.  Any person desiring to secure such permit shall make application in writing therefor to the town clerk, which application shall be referred to the sewer inspector for approval.  Such application shall state the legal description of the premises to be served by such sewer connection and the name and address of the owner of the premises, the number of buildings on such premises, and the purpose for which they are, or are to be, used, together with plans and specifications showing the whole course of the lateral from the public sewer or other outlet to its connection within the building or premises and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the sewer inspector for approval, and he may change or modify the same and designate the manner in which such connecting sewer shall be connected with the building, the place where such connections with the public sewer shall be made, and specify the material, size and grade of such connecting sewer, and shall endorse his approval on such plans and specifications, as originally prepared or as modified and changed.  Upon approval of such plans and specifications, the town clerk shall issue a sewer permit showing the size and depth of the public sewer and the nearest opening in the same.  If there is no existing opening at the proper location, a permit will be issued to insert a “Y” branch, or if the main sewer is larger than eight inches in diameter, a permit will be issued to tap such main sewer by using the hub end of a six-inch pipe properly fitted and by building a concrete pedestal under the first joint of pipe, such pedestal to be at least twelve inches square and based on solid ground.  The permit shall show the size of the lot and the locations of the building or buildings to be connected, and such other information as may be required.  It shall be unlawful for any person to alter the plan or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sewer or lateral without first obtaining a permit as provided in this chapter.  A fee of thirty dollars will be required for a sewer permit to connect to any main sewer to cover the cost of surveys, inspection and platting.  Such fee shall be paid to the town clerk at the time such permit is issued.

The sewer inspector shall prepare and keep on file in his office all cards and records of buildings connected to sewers, showing the size of the lot, location of the building or buildings and the whole course of the side sewer or lateral from the public sewer or other outlet to its connection within the building or premises.  (Ord. A-217 §4, 1950)

13.04.060 Sewer construction or extension--Permit required.

It is unlawful for any person to construct, extend, relay, repair, or make connections to a private or lateral sewer within the property line on the property of the owner, without obtaining a permit therefor, as herein provided, and filing a scale drawing showing the location thereof, as provided in Section 13.04.040 of this chapter, and a fee of five dollars shall be paid to the town clerk therefor.  (Ord. A-217 §5, 1950)

13.04.070 Additional work--Permit required.

When a permit has been issued for a private sewer or lateral, as herein provided, no additional work shall be put in without the approval of the sewer inspector, and a new permit must be taken out covering such additional work.  (Ord. A-217 §6, 1950)

13.04.080 Permit--Duration.

No permit issued under the provisions of this chapter shall be valid for a longer period than specified in such permit, but the same may be renewed or extended in the reasonable discretion of the sewer inspector, upon application therefor prior to the expiration of the time originally limited in the permit.  (Ord. A-217 §7, 1950)

13.04.090 Permit--Display.

The permit from the town clerk, required under the terms of this chapter, must be at all times, during the performance of the work, and until the completion thereof, be posted in some conspicuous place at or near the work.  (Ord. A-217 §8, 1950)

13.04.100 Permit--Required.

It shall be the duty of any police officer and of the sewer inspector, in case they shall find any person engaged in the work of breaking ground for the purpose of making connections with a public or private sewer or lateral, to ascertain if such person has a permit from the town clerk's office to make such sewer connection, and in the event that such person has no permit for making such connection, it shall be the duty of such officers to immediately report the fact to the city clerk.  (Ord. A-217 §9, 1950)

13.04.110 Lateral sewers--Specifications.

A.  All lateral sewers shall be of material, design and construction, approved by the sewer inspector and nationally recognized authorities, and shall be laid on not less than a two percent grade, shall be not less than six inches in diameter, to the premises of the owner, and, on the premises of the owner, shall be not less than four inches in diameter, excepting when two or more owners are served over the same lateral sewer, in which case the diameter thereof shall be not less than six inches, and whenever possible, shall be not less than thirty inches from any building.

B.  They shall, whenever possible, have not less than three feet of cover at the curbline, eighteen inches at the property line, and twelve inches inside the property line.

C. 1Not more than one house shall be connected with a lateral sewer, except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the county auditor an easement for such purpose, except also, where connection is to an existing side sewer within a public street, and written permission from the owner or owners of the premises served by such side sewer has been filed with the sewer inspector.  In the event that physical or other conditions render the enforcement of the above provisions impracticable, the sewer inspector may issue a special permit for the installation of a lateral or private sewer requiring compliance only with the above conditions, as far as practicable, but such permit shall be issued only upon the condition that there shall be not to exceed three property owners on any private line, and that the permittees will save the town harmless from any damages by reason of such installation.

D.  Demolished or Removed Buildings.  The property owner or his contractor engaged in demolishing or removing any structure connected to the public sewer system shall obtain a permit and notify the town of such work and shall expose and plug the side sewer connection of each structure in accordance with the requirements of the town.  A town inspector must observe such plugging.

E.  Side Sewer Elevation.  The side sewer shall be brought to the building at an elevation below the lowest drain.  In buildings in which any building drain is too low to permit gravity flow to the town's wastewater sewer, wastewater carried by such building drain shall be lifted by an approved means and discharged to a side sewer draining by gravity to the town sewer.

F.  Inspections.

1.  Two working days' notice is required for scheduling inspections of side sewer installations, extension, repairs, main line taps or capping pipes of demolished or removed buildings.  At the scheduled time for side sewer inspection, the contractor or homeowner performing the work will be expected to have the work complete and ready for inspection.  If after scheduling an inspection, the contractor or homeowner performing the work discovers that the job will not be complete and ready for inspection at the scheduled time, he shall call the town a minimum of one hour prior to the scheduled inspection time to reschedule.  Failure to do so will result in an automatic call-back fee, as specified in the town's wastewater service rates and charges ordinance.  If a contractor or homeowner performing the work needs a partial inspection, he must inform the town of such when he or she calls to schedule.  All reinspections and/or call-back inspections to complete partial inspections will be charged a call-back fee and must be scheduled.  If for any reason the job is not complete and ready or cannot be complete and ready for inspection during the scheduled allotted time for that inspection, and if the inspector cannot remain at the job site longer than the allotted time, a call-back fee will be charged.  The town reserves the right to set the time for inspections when conflicts arise.  The contractor or his representative or the homeowner performing the work must be on the job site at the time of inspection.

2.  Gravity side sewers shall be tested for visible leakage before backfilling inserting a removal test plug at the lower end of the line and filling the line with water to its highest point (usually the cleanout closest to the building).  The contractor shall make this test before calling for inspection so that the inspector can observe and approve the installation on one visit.  A tee or wye shall be installed in the sewer for insertion of the plug and shall be capped tightly and securely against back pressure upon completion of the test.  The tee or wye shall be installed at the connection point closest to the public sewer.  The inspector shall observe the water level in the cleanout for a maximum of fifteen minutes.  The side sewer shall be considered to have passed the test only if there is no visible drop in the water level in fifteen minutes.  The sewer inspector may require air testing under certain circumstances.

G.  Side Sewer and Connection Specifications.

1.  Minimum Pipe Size.  All gravity side sewers serving a single residential or duplex structure shall be a minimum of four inches in diameter.  All other gravity side sewers shall be a minimum of six inches in diameter or as required by the sewer inspector.  Pressure side sewers shall be a minimum two-inch diameter for injector or effluent pumps, or one and one-quarter inch diameter for grinder pumps.  “Diameter” means “inside diameter.”

2.  Pipe Material.  All new gravity side sewers shall be polyvinyl chloride (PVC) pipe ASTM D-3034 SDR 35 or ASTM F-789, with factory-made flexible gaskets designed specifically for the pipe used.  Gaskets shall conform to ASTM D-3212.  Pipe joint lubricant shall be used at all joints.  Solvent weld joints shall be allowed only as specified in subdivision (3) of this subsection.  Pressure side sewer shall be PVC ASTM D-1785, Schedule 40 minimum.

3.  Solvent weld pipe joints shall only be allowed on pressure side sewers, on the vertical portions of gravity side sewer cleanouts, on gravity side sewers bored without a casing pipe, at building connections when connecting to ABS or PVC pipe where in the judgment of the sewer inspector the use of gasketed fittings is impractical or impossible, and at complicated fittings where in the judgment of the sewer inspector the use of gasketed fittings is impractical or impossible.  When allowed, PVC solvent weld joints shall be installed only with a glue and primer approved by the town, as specified in subdivision (4) of this subsection.

4.  Solvent Weld Primer and Cement.  PVC solvent weld primer shall be ASTM F-656, purple color, by Oatey or Weld-on.  PVC solvent cement shall be ASTM D-2564, N.S.F. and U.P.C. approved, minimum viscosity 500 CPS, by Oatey or Weld-on.  ABS cement shall be ASTM D-2235, N.S.F. and U.P.C. approved, minimum viscosity 700 CPS, installed by Oatey or Weld-on.  Cement for ABS-PVC transition and couplings shall be ASTM D-3138, N.S.F. and U.P.C. approved, minimum viscosity 700 CPS, by Oatey or Weld-on.  All cements shall be used per manufacturer's instructions and the proper ASTM standard.

5.  PVC tap saddle tees and wyes shall be factory-molded saddles with gasketed skirt and gasketed branch (Bell end) and two series 300 stainless steel straps for securing molded saddle to PVC pipe being tapped, as manufactured by G.P.K. Products Inc., MultiFittings Inc., J-M Manufacturing, Western Pipe Prod., or Romac Style “CB” Sewer Saddle.

6.  Minimum Pipe Grade.  All four-inch and six-inch gravity side sewers shall be laid at a minimum grade of one-fourth-inch per foot (two percent), except that a minimum one-eighth-inch per foot (one percent) grade may be used only if necessary to provide gravity service, and only if the grade is determined at each pipe with a surveyor's level or transit.  Eight-inch and larger diameter side sewers shall be installed at the grade(s) shown on the plans and specifications approved by the sewer inspector.

7.  Pipe Location and Cover.  Side sewers shall not be less than thirty inches from any building.  Gravity side sewer pipe shall not be less than six feet below road grade at the curb or edge or pavement, thirty-six inches at the property line, and have at least twenty-four inches cover inside the property line.  Pressure side sewer pipe shall have at least fifty-four inches cover throughout its length.

8.  Pipe Bedding and Backfilling.

a.  All side sewer pipe shall be installed with imported sand, pea gravel or imported three-fourths an inch minus material compacted under, around and above the pipe.  Minimum compacted depth of bedding material under the pipe shall be two inches or four inches for larger pipe.

b.  With bedding layer to grade and compacted, the pipe is placed and joined.  Blocking shall not be used to obtain slope.  The bedding layer may be excavated in the vicinity of the joint.  The pipe is then placed and the material replaced and recompacted to support the joint.  The haunching layers of bedding material shall be added carefully to the spring-line of the pipe and compacted.  A “T” bar shall be used to compact the material next to and under the sides of the pipe.

c.  Perform initial backfilling in two stages:  one to the top of the pipe and one to about six inches over the top of the pipe.  Bedding material shall be used to six inches over the pipe.  The ditch may then be filled with any available backfill provided that large particles are not in direct contact with the pipe.

9.  Cleanouts.  A cleanout is required within thirty-six inches of the building or at the point of connecting of the side sewer of the building drain.  Cleanouts shall be installed at each total change of ninety degrees in horizontal direction.  Ninety-degree bends shall be made with a combination of forty-five-degree or less degree elbows.  In no case shall the spacing of cleanouts exceed one hundred feet.  Where cleanouts are installed in asphalt or concrete-paved areas, they shall be installed with a cast iron ring and cover.  Cleanouts shall be as shown on Exhibit 1, attached to the ordinance codified in this section.

10.  Connection to Side Sewer Stub.  The connection at the side sewer shall be with a hub x hub sanitary tee or wye (for insertion of the test plug) if the existing stub is plain-end or spigot-end pipe.  Bevel the plain end prior to installing the tee to wye.  If the existing stub end is hub (bell) end, an eighteen-inch maximum length plain-end pipe spool shall be installed, bevel both ends, followed by the test tee or wye.  The installer shall make sure the stub is free and clear of any obstruction or debris and has adequate grade prior to making the connection.

11.  Connection to Existing Building Sewer.  This connection may be made with a U.P.C.-approved ASTM C-564 flexible coupling (rubber or EPDM) with stainless steel bands (Fernco Coupling, Calder Coupling by Joints, Inc. Pipeconx Coupling by Uniseal, or approved equal).  This connection may also be made with the proper ABS to PVC adapter fitting.  The installer shall make sure the existing building sewer is free and clear prior connection.

12.  All drywells, septic tanks and cesspools shall be pumped dry and backfilled with dry coarse sand or pea gravel, or pumped, brushed and backfilled with native material or pumped and removed.  Contact town sewer inspector for inspection prior to covering.

13.  Additional Specifications and Details.  All side sewers and connections shall be installed in conformance with additional and/or more detailed specifications, requirements and regulations adopted by the town.  See also the exhibits attached to the ordinance codified in this section.  (Ord. 306 §4, 1996;  Ord. A-217 §10, 1950)

13.04.120 Excavations--Safety and restoration.

All excavations made by any person within the limits of any street, alley, avenue or other public place, shall be protected and guarded by fencing or covering by such person, both by day and by night, by the display of proper signals and lights, and such person shall be liable upon his bond for all accidents caused by negligence in this respect, and such person shall restore that portion of the street or alley which has been dug up or otherwise disturbed to its original condition as to backfill, subgrade and surface, to the satisfaction of the sewer inspector.  (Ord. A-217 §11, 1950)

13.04.130 Permit--Inspection.

Any person performing work under permit pursuant to the provisions of this chapter shall notify the sewer inspector when the work will be ready for inspection, and shall specify in such notice the location of the premises.  If upon such inspection it is ascertained the work or material used is not in accordance with the provisions of this chapter, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given.  A copy of such notice shall be kept on file in the office of the sewer inspector.  (Ord. A-217 §12, 1950)

13.04.140 Filling trenches--Inspection.

No trench shall be filled or any connecting lateral sewer covered, until the work from the point where the same connects with the public sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected, shall have been inspected and approved by or under the direction of the sewer inspector, and until the same shall have been made in all respects to conform to the provisions of this chapter.  (Ord. A-217 §13, 1950)

13.04.150 Right of entry.

The sewer inspector, or one of his deputies, shall have free access to all buildings or premises for the purpose of examining any or all private sewers or laterals and of ascertaining whether the provisions of this chapter are being complied with, and for such purpose shall, at all reasonable times, have the right to enter and inspect such buildings, and it is unlawful for any person to prevent, or attempt to prevent, any entrance or inspection, or to obstruct or interfere with any such officer while engaged therein.  (Ord. A-217 §14, 1950)

13.04.160 Delay of work--Restoration authority.

All work within the limits of any street or public place must be prosecuted to completion with due diligence, and if any excavation is left open beyond a reasonable time, the sewer inspector shall cause the same to be refilled and the street restored forthwith, and any cost incurred in such work shall be charged to the person in charge of the work, and/or person who directed the work to be done or to whom permit to do such work was issued, and must be paid before he shall receive any future permit and the same, if not so paid, shall become a lien upon such person's property.  (Ord. A-217 §15, 1950)

13.04.170 Improper work--Completion authority.

If any work done in pursuance of a permit granted, as prescribed in this chapter, is not constructed and completed in accordance with the provisions of this chapter and the plans and specifications, as approved by the sewer inspector, and if the person doing the work shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the owner of the property, for whom such work is being done, as herein provided, and the sewer inspector shall cause such work to be completed and such sewer connected in the proper manner, and the full cost of such work and any materials necessary therefor shall be collected in the manner provided in this chapter.  (Ord. A-217 §16, 1950)

13.04.180 Repair of obstructed or broken sewers.

Whenever any private sewer or drainpipe connected with any public sewer or drain becomes obstructed, broken or out of order, and if the owner, agent or occupant of such premises fails to repair the same after five days, when notified to do so by the sewer inspector, the sewer inspector is authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of such premises, and when two or more houses or buildings are connected with the same private sewer, the owners, agents or occupants shall be jointly and severally liable for any work done by the sewer inspector under this section.  (Ord. A-217 §17, 1950)

13.04.190 Injury to public sewer.

It is unlawful for any person to injure, break, remove or alter any portion of any manhole, lamphole, flush tank, or any part of public sewers or drains of the town.  (Ord. A-217 §18, 1950)

13.04.200 Depositing rubbish unlawful.

It is unlawful for any person to deposit in any manhole, lamphole, flush tank, sewer opening, drain, ditch, or natural watercourse, any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer, drain, ditch, or natural watercourse.  (Ord. A-217 §19, 1950)

13.04.210 Discharge of exhaust steam and hot water.

No steam exhaust or blowoff, or any heated water shall be discharged into a sewer until the temperature thereof has been reduced to at least one hundred sixty degrees Fahrenheit.  (Ord. A-217 §20, 1950)

13.04.220 Draining inflammable substances.

In public garages, dry cleaning establishments, machine shops, or other buildings where kerosene, gasoline, benzene, naphtha, or other inflammable oils or compounds are used, also in any existing building where such business is carried on, all drains coming in contact with the same, including floor drains, sinks, and lavatory wastes, or paved area adjoining, must pass through a sump so trapped that inflammable liquids or sediment will not pass into the building drain or sewer.  The diameter of the sump shall not be less than fourteen inches and shall be vented with a vent pipe at least three inches in diameter extending to outside of building.  If terminal of vent is within twelve feet of any door, window, or airshaft, it shall extend at least three feet above same.  A fixture other than water closet or urinal, may discharge into the vent.  The inlet to sump shall be water-sealed.  (Ord. A-217 §21(part), 1950)

13.04.230 Grease traps required.

Every dishwashing sink, dishwashing machine, and every fixed receptacle or plumbing fixture, designed, intended or used for the purpose of washing dishes or cooking utensils in a restaurant, cafe, cafeteria, lunchroom, hotel establishment that serves, or has capacity to serve one hundred or more meals per day, shall be connected to, and shall drain or discharge into, an approved grease trap or interceptor, complying with the provision of this section; provided, however, that this section shall not apply to any such equipment which will not be used to dispose of appreciable amounts of grease or grease-containing liquids, when and as satisfactory to the plumbing inspector.  (Ord. A-217 §21(part), 1950)

13.04.240 Obstructions--Planting of certain trees and shrubbery prohibited.

It is unlawful to plant poplar, cottonwood, soft maples, or gum, or any other tree or any shrub whose roots are likely to obstruct public or private sewers, within thirty feet of any public sewer or drainpipe.  The sewer inspector is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs which extend into any public street, when such trees or roots thereof, are obstructing, or when he shall determine that they are liable to obstruct public or private sewers or drains; provided, however, that he shall give ten days' notice in writing to the owner or occupant of the abutting property to remove the same, and if such owner or occupant fails or refuses so to do, the reasonable cost of such removal, when done by the sewer inspector, shall be charged against and shall become a lien upon the abutting property from which such trees or shrubs are removed, and the city attorney is authorized and directed to collect such charge by suit maintained in the name of the town, as plaintiffs, against the owner, in any court of competent jurisdiction.  (Ord. A-217 §22, 1950)

13.04.250 Correction of noncomplying side sewer--Lien.

When any side sewer is constructed, laid, connected or repaired, and does not comply with the provisions of this chapter, or where it is determined by the sewer inspector that a side sewer, drain, ditch or natural watercourse is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, or is in a condition which permits the infiltration of groundwater into the sewer system, the sewer inspector shall give notice to the owner, agent or occupant of the property in which such conditions exist, of such condition, and if he shall refuse to construct, relay, reconstruct or remove the construction of such side sewer, drain, ditch, or natural watercourse within the time specified in such notice, the water inspector may perform such work as may be necessary to comply with this chapter, and the cost of such work, as done by the town, shall be assessed against such property, or collected from the person responsible for such conditions, and the amount thereof shall become a lien upon the property, and the town attorney is authorized, empowered and directed to collect such cost, either by the foreclosure of such lien or by a suit against the owner or occupant of such property, or other person responsible for such conditions, which suit shall be maintained in the name of the town, as plaintiff, in any court of competent jurisdiction.  (Ord. 304 §2, 1996:  Ord. A-217 §23, 1950)

13.04.255 Disconnection of side (lateral) sewers authorized upon replacement of adjacent sewer mains.

In the event the town replaces an existing sewer main with a new sewer main, the town will request that adjoining and/or previously served property owners who were served by the replaced sewer main, permit the town personnel, or its agents or contractees, to enter upon their property for purposes of testing the existing side (lateral) sewer to determine whether the side sewer meets the performance requirements of side sewers under this chapter.  Entering upon the real property shall include permission to uncover the side sewer as necessary in order to successfully test the side sewer.  In the event the property owner fails to permit such entry and/or testing, the sewer inspector shall discontinue all sewer service to the property owner until such time as the property owner permits the sewer inspector, or his or her agents, to go upon the property and test the previously used side sewer and until the sewer inspector determines through testing that the side sewer meets the performance standards of this chapter.  The discontinuance of sewer service under this section shall not affect any other requirements of this chapter including the duty of the property owners to pay sewer charges or connect to the sewer system under Section 13.04.020.  A fourteen-day written notice of discontinuance of service will be posted upon the property and mailed by regular mail by the town prior to the discontinuance of sewer service as provided under this section.  (Ord. 306 §2, 1996)

13.04.260 Collection of liens.

Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the town, under the terms and provisions of this chapter, the manner and method of collecting such amounts shall be, substantially, as follows:

A.  The owner or agent of the property shall be given a notice in writing, by the sewer inspector of the town, that such owner or agent is required to do the particular work at the expense of the property owner.  The notice shall be in substantially the following form:

To ____________,Owner, and _____________, Agent of that certain property described as Lot _________, in Block __________, of _______________ Addition to the Town of Wilbur, Lincoln County, Washington:

You are hereby notified to perform the following work upon the above-described property within ten (10) days of the date of the service of this notice upon you, viz:  _______________________.

And you are further notified that if you do not perform said work within said period of ten (10) days, then the Town of Wilbur will perform the same and charge the amount of said work against said property, and will proceed to collect the same, according to law.

THE TOWN OF WILBUR

By _________________

(Title of Officer)

B.  A copy of this notice shall be posted upon the property affected and a further copy shall be mailed to the agent or owner at his last known address.  In case the agent or owner fails to perform such work within ten days after such notice shall have been mailed and posted, then the work shall be done by the proper department of the town, and as soon as practicable after such work is performed, the owner or agent shall be notified in the same manner, as hereinbefore provided, that the work has been done by the town and of the amount of the charge for doing such work and shall be required either to pay to the clerk of the town, said amount, within thirty days after the date of the posting and mailing of such notice to him, or to file with the town council of the town, objections in writing against said charge.  The form of notice just provided for shall be substantially as follows:

To _______ Owner, and ___________, Agent, of Lot ______, in Block ___________, of __________ Addition to the Town of Wilbur, Lincoln County, Washington:

You are hereby notified that pursuant to a former notice given you upon the _____ day of _____, 19__, that the Town of Wilbur has performed the work required to be done, pursuant to the said former Notice, and that the cost and expense of doing said work is the sum of _________ Dollars.  You are further notified that unless you pay said amount to the City Clerk, or file objections against said amount within thirty (30) days of the date of service of this notice upon you, that the same shall be a lien against the property upon which said work was performed, and the City Attorney is hereby authorized to proceed to collect such amount in any lawful manner.

(Ord. A-217 §24, 1950)

13.04.270 Violation--Penalty.

Any person who shall violate or fail to comply with any of the provisions of this chapter, except Sections 13.04.025 through 13.04.027, shall be deemed to have committed a civil infraction punishable by a fine as set forth in Section 1.08.030.  (Ord. 376 §23, 2001:  Ord. 367 §30, 2001:  Ord. A-217 §27, 1950)


1  Editor's Note:  Section 3 of Ordinance 306 provided as follows:Section 13.04.110(C) which permitted more than one house to be connected to one side sewer is hereby repealed with regard to any newly installed side sewers, provided however, said provision shall remain in full force and effect with regard to any multiple use side sewers which were constructed prior to the date of this act and which are not being replaced.  Provided further that in the event a multiple use side sewer is replaced for any reason, the property owners shall, at the time of replacement, be required to build a separate side sewer to each residence or structure.