Etna Municipal Code Art. II Mandatory Sewer Connections

Except as used in the Uniform Plumbing Code, as used and for the purpose of this article, the following words and terms shall have the meanings respectively ascribed to them by this section, unless it shall be apparent from the context that a different meaning is intended:

A.

"Building inspector"

means the building inspector of the city and shall include his authorized deputies or representatives.

B.

"Cesspool"

means an excavation in the ground which receives discharge from any sanitary plumbing facility.

C.

"Health officer"

means the health officer of the city and includes his authorized deputies or representatives.

D.

"House connection sewer"

means that portion of the horizontal sewer piping which extends from the building or structure to the property line of the public right-of-way or easement.

E.

"Public sewer"

means any main line sewer constructed in any street, highway, alley, place or right-of-way dedicated for public use. Such term shall not include sewer laterals or house connection sewers.

F.

"Septic tank"

means a watertight receptacle which receives the discharge of a drainage system, designed and constructed so as to retain solids, digest organic matter through a period of detention, and to discharge liquids into the soil outside of the tank through a system of open joint piping.

G.

"Sewer lateral"

means that portion of the horizontal sewer piping within the public right-of-way which extends from the public sewer to the street property line or limit of public right-of-way or easement.

(Ord. 68 § 210, 1970)

A. One hundred feet of sewer pipeline on city property shall be included with the hookup charge. Any excess footage required to cover the distance between the sewer main and property line shall be installed by the city personnel at a rate to be negotiated at current costs.

B. If property owners wish city department of public works to complete the installation of the sewer lines to the dwelling or structure, all costs shall be paid by the property owner and shall be negotiated at current cost rates.

(Ord. 68 § 220, 1970)

The city council is authorized to grant revocable variances from the strict application of EMC § 13.04.040 when all of the following conditions exist:

A. When, in the opinion of the health officer of the city, a private sewerage disposal system would be adequate and safe for the disposal of the waste discharge from the building or structure and would not constitute a menace to the public health; and

B. When the city council finds, that because of special circumstances applicable to the building or structure, including its size, shape, location, surroundings and topography of the property upon which it is located, the strict application of EMC § 13.04.040 would constitute an undue hardship upon the owner of the property.

(Ord. 68 § 230, 1970)

Any person denied a variance pursuant to EMC § 13.04.140 by virtue of the failure of the city to find the facts required by EMC § 13.04.140(B) may, within five days after notice of the determination of the city council, appeal the denial thereof to the council of the city by filing with the city clerk a written request for a review of the decision of the council and stating facts supporting such a request. The city clerk shall place the matter upon the council's agenda and the council shall, within 30 days after such filing, affirm, modify or reverse the decision insofar as the required finding are concerned.

(Ord. 68 § 240, 1970)

Any variance from the strict application of this article, granted pursuant to EMC § 13.04.140, shall be revoked by the city council upon receipt of notice from the health officer of the city that the private sewerage disposal system constructed in lieu of the compliance with EMC § 13.04.040 constitutes a menace to public health.

(Ord. 68 § 250, 1970)

A. Whenever any plumbing in any structure is not connected to a public sewer, and the owner of such structure does not have a valid variance from the terms of the strict application of EMC § 13.04.040, the health officer may, or if ordered by the council of the city shall, serve written notice upon the owner of such property to connect all plumbing to the public sewer. If such owner, after 30 days, has refused, neglected, or otherwise failed to connect such plumbing, together with all toilets, sinks, and the other plumbing therein, properly vented and in a sanitary manner, to the nearest available public sewer, the city may construct the same, and the person, firm or corporation doing the work at the request of the health officer shall have a lien upon the real property for his work done and materials furnished and such work done and materials furnished shall be held to have been done and furnished at the instance of such owner or reputed owner, or person claiming or having any interest therein. The city may pay all persons who furnished labor, materials, or equipment for the same, and, to the extent that the city pays the cost or price of the connection, it shall succeed to and have all the rights, including the lien provided for above, of such person or persons against the real estate and against the owner thereof.

B. As an alternative power to the enforcement of the lien provided for in this section, the city council may, by order entered upon its minutes, declare that the amount of the costs of such work and the administrative expenses incurred by the city incident to the proceedings, together with other charges uniformly applicable within the jurisdiction of the city council for the connection of the premises to the public sewer, shall be transmitted to the assessor and tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land.

(Ord. 68 § 260, 1970)