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DIVISION 1. - GENERALLY#
Secs. 26-281—26-308. - Reserved.#
DIVISION 2. - ADMINISTRATION#
Sec. 26-309. - Sewer department and system.#
The sewer department is hereby created. It shall comprise all of the property, equipment and personnel necessary to the maintenance and operation of the town's sewage collection and disposal system. The department shall administer the operation and maintenance of the municipal sewer system.
(Code 1981, § 14-211)
Sec. 26-310. - Superintendent—Position created.#
There is hereby created the position of superintendent of the sewer department.
(Code 1981, § 14-212)
Sec. 26-311. - Superintendent—Duties.#
The superintendent of the sewer department shall manage and supervise the town's sewer system under the direction of the town council which from time to time shall, by resolution or otherwise, prescribe his powers and duties and direct the manner and frequency with which he shall make reports to the mayor relating to the sewer system.
(Code 1981, § 14-213)
Secs. 26-312—26-340. - Reserved.#
DIVISION 3. - USE#
Sec. 26-341. - Application for sewer service.#
Any person who desires or is required to secure sewer service when such service is available from the town sewer systems shall apply therefor to the clerk/recorder and file an agreement with the town which shall be in substantially the following form:
"APPLICATION FOR SEWER SERVICE
________
(Date) TO THE MUNICIPALITY OF ___________:
The undersigned hereby applies for sewer services from the municipality for premises located at ___________ and hereby agrees to pay charges for such sewer services as shall be fixed by the governing body of the municipality by resolution or ordinance until such time as I shall direct such service to be discontinued.
In the event of a failure to pay for this service within the due dates fixed by the governing body or of a failure of the occupant of the premises to conform to the ordinances and regulations established by the governing body relating to the use of the sewer system, the municipality shall have the right to discontinue my water service from the municipal water system until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to the sewer ordinances or regulations issued thereunder is eliminated.
Additionally, I agree that the municipality shall have the right to institute collection proceedings by all means available to it, including suit in a court of proper jurisdiction. The applicant agrees to pay all costs of collection including court costs and attorney's fees.
The undersigned agrees to be bound by the rules, regulations resolutions or ordinances enacted or adopted by the governing body of the municipality applicable to the municipality's sewer system. ___________"
(signed)
(Code 1981, § 14-214)
Sec. 26-342. - Non-owner applicants; agreement by owner.#
Application for sewer services made by the tenant or an owner must, in addition to the requirement in section 26-341, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent to the following effect: In consideration of the acceptance of the application for sewer service submitted by (any present or future tenant)___________, I, or we, will pay for all sewer services furnished to such tenant, or other occupant of ___________(premises)___________, in case such tenant or occupant shall fail to pay for the same according to the ordinances, resolutions, rules or regulations of the municipality. ___________"
(owner)
(Code 1981, § 14-215)
Sec. 26-343. - Rates and connection fees.#
The rates, penalty fee for delinquency in payment and connection fees for sewer services from the town sewer system shall be fixed from time to time by resolution or ordinance of the town council. The town council may from time to time enact rules for levying, billing, guaranteeing and collecting charges for sewer services and all other rules necessary for the management and control of the sewer system.
(Code 1981, § 14-216)
Sec. 26-344. - Special rates.#
The town council may from time to time fix by agreement or resolution special rates and conditions upon such terms as they may deem proper for users of the sewer service discharging wastes of unusual characteristics or making use thereof under exceptional circumstances.
(Code 1981, § 14-217)
Sec. 26-345. - Board of equalization.#
The town council is hereby constituted a board of equalization of sewer rates to hear complaints and make corrections of any assessments or charges deemed to be illegal, unequal, or unjust.
(Code 1981, § 14-218)
Sec. 26-346. - Delinquency; discontinuance of service.#
(a)
The sewer department, or such other person as the town council may designate, shall furnish to each user or mail or leave at his place of residence or usual place of business, a written or printed statement stating the sewer service charges assessed against him once each month or at such other regular intervals as the town council shall direct. The statement shall specify the amount of the bill, the place of payment, and the date due.
(b)
If any person fails to pay his sewer charges within 30 days of the date due, the clerk/recorder or the sewer superintendent shall give the customer notice in writing of the intent to discontinue the service of water to the premises unless the customer pays the bill in full within five days from the date of notice.
(c)
If the water service is thereafter discontinued for failure to make payment of the sewer service charges, before the water service to the premises shall again be provided, all delinquent sewer charges must have been paid to the town treasurer or arrangements made for their payment that are satisfactory to the town.
(d)
In the event water is turned off for nonpayment of sewer charges, before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent charges, such extra charge for turning the water on and off as the town council may have established by resolution or ordinance.
(e)
If any person fails to pay his sewer charges within 30 days of the due date, the clerk/recorder or the sewer superintendent is hereby authorized to take all action necessary to enforce collection, including, but not limited to, the commencement of legal proceedings in a court of proper jurisdiction seeking judgment for the amount of the delinquent fees and service charges and all costs of collection, including court costs and attorney's fees.
(Code 1981, § 14-219)
Sec. 26-347. - Use of sewer system mandatory.#
It shall be unlawful for the owner or any other person occupying or having charge of any premises within the town which is located within 300 feet of a sewer main to dispose of sewage therefrom by any means other than by use of the town sewer system. It shall be unlawful to construct or to continue the use of any other sewage disposal system such as a privy, vault, cesspool, or septic tank on the property except by written approval of the town council in cases of undue hardship.
(Code 1981, § 14-220)
Sec. 26-348. - Qualified plumbing necessary.#
It shall be unlawful for any person to connect any drain or sewer pipe with the town sewer system unless the person is a duly licensed plumber or unless, in the absence of a duly licensed plumber, any proposed connection to, alteration of, or change of connection to the sewer system shall be first submitted to the sewer superintendent for review and approval. After such approval, the installation or work done shall be subject to inspection by the superintendent or his agent.
(Code 1981, § 14-221)
Sec. 26-349. - Permits for installations.#
It shall be unlawful for any person to directly or indirectly engage in the laying, repairing, altering or connecting of any drain or sewer pipe connected with or part of the town sewer system without first having received a permit from the office of the clerk/recorder or the sewer superintendent.
(Code 1981, § 14-222)
Sec. 26-350. - When permits shall not be issued.#
Permits to connect to the town sewer system shall not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of the building and plumbing codes of the town.
(Code 1981, § 14-223)
Sec. 26-351. - Revocation of permits.#
All construction permits for sewer connections or installations shall be issued to the plumber who is to do the work or to the owner of the property, subject to the supervision and inspection by the superintendent or his agents. The clerk/recorder or superintendent may at any time revoke a permit because of defective work or because of undue delay in completing the permitted work.
(Code 1981, § 14-224)
Sec. 26-352. - Pipes to be kept in good repair.#
All users of the sewer services shall keep their service pipes, connections, and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the sewer superintendent, shall be allowed to dig into the street for the purpose of removing or repairing any sewer service pipe or main.
(Code 1981, § 14-225)
Sec. 26-353. - Quality of service pipe.#
All service and other pipes used in conjunction with the sewer services of the town shall be of such material, quality and specifications as the town council may from time to time by resolution provide and shall be installed at such distances below ground as may be specified by regulations relating to the sewer department. All work, alterations or extensions affecting sewer pipes shall be subject to the acceptance of the sewer superintendent, and no connections with sewer mains shall be made without first obtaining a permit therefor from the clerk/recorder.
(Code 1981, § 14-226)
Sec. 26-354. - Department to have free access.#
The sewer superintendent and his agents shall at all ordinary hours have free access to places supplied with sewer services from the town system for the purpose of examining the apparatus, ascertaining the sewer service being used and the manner of its use.
(Code 1981, § 14-227)
Sec. 26-355. - Trial sewer survey.#
In order to determine the feasibility of connecting a basement or proposed basement to the sanitary sewer, the owner or plumber may make application for a trial sewer survey, the cost of which shall be as established from time to time by resolution of the town council. The result of a trial sewer survey shall not constitute a permit to connect to the sewer and is merely for information purposes.
(Code 1981, § 14-228)
Secs. 26-356—26-383. - Reserved.#
DIVISION 4. - REGULATIONS#
Sec. 26-384. - Prohibited uses.#
(a)
It shall be unlawful for any person to injure, break or remove any part or portion of any sewer appliance or appurtenance, or to discharge into a sewer any inflammable gas, gasoline or oil, any calcium carbide or residue therefrom, or any liquid or other materials or substances which will emit an inflammable gas when in contact with water, sewage or fire. Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with a sewer.
(b)
The contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses containing inflammable substances, car barns, buildings for the stabling or keeping of horses, cows and other animals, or plants using milk or processing milk products, and all similar establishments shall not be disposed of through connection with a sanitary sewer unless such contents are discharged into settling tanks properly trapped and vented. The construction of such tanks must be approved by the town engineer, and must be subject to his inspection, approval, or condemnation before cement is poured and at all times thereafter until completion of such construction. Upon condemnation by the town engineer, the sewage from the tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the town engineer.
(c)
It shall be unlawful for any person to empty or discharge into the public sanitary sewer any garbage, refuse or other similar matter or substance likely to obstruct the sewer, or any substance, solid or liquid, other than the waste products for which the sewer is provided.
(d)
It shall be unlawful for any person to connect with a public sanitary sewer any drain or pipe which discharges rainwater, cellar or surface water, acids, alkalis, lye or other injurious liquids, or the contents of any spring, flowing well, creek, ditch, or other watercourses. No boiler or heating plant shall be directly connected to the sanitary sewer. The overflow from boilers or heating plants, when cooled to a temperature not to exceed 120 degrees Fahrenheit, will be allowed to run to a sump, which sump shall be connected to the sewer. The discharge of the contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses which contain inflammable substances, buildings for the stabling or keeping of horses, cows and other animals, and all similar establishments shall not be made into or connected with a sanitary sewer, unless such contents are discharged into settling tanks properly trapped and vented. Settling tanks shall be constructed of a material approved by the superintendent and shall be at all times subject to his inspection and approval or condemnation. Upon condemnation by the superintendent, the sewage from said tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the superintendent.
(Code 1981, § 14-231)
Sec. 26-385. - Regulations.#
The town council shall have power to and retains the right to adopt regulations controlling the manner and circumstances under which the sewer system may be used in addition to the regulatory provisions set forth expressly in this article.
(Code 1981, § 14-232)
Sec. 26-386. - Ownership of connecting lines.#
Unless provision is expressly made for ownership of mains or lines by the owner of the adjacent property by means of written agreement, all lines and mains connecting the sewer system to a landowner or resident's premises which are situated on the public way between the main and the property line shall be deemed to be the property of the town and subject to its absolute control and supervision even though actual installation may have been performed by the owner or resident of the premises.
(Code 1981, § 14-233)
Sec. 26-387. - Sewer manholes.#
It shall be unlawful for any person to open any sewer manhole without permission from the superintendent.
(Code 1981, § 14-234)
Sec. 26-388. - Destruction.#
It shall be unlawful for any person to destroy, deface, injure or interfere with the operation of any part or appurtenance of the sewer system.
(Code 1981, § 14-235)