Montague Municipal Code Ch. 13.20 Sewer Lateral Extensions

Sections:

• 13.20.005 Purpose.

• 13.20.010 Authorization to lay lateral.

• 13.20.020 Filing account of costs.

• 13.20.030 Payment for connection required.

• 13.20.040 Reimbursement of layers.

• 13.20.050 Retroactive effect.

• 13.20.060 Sewer line installation fee. 13.20.070 Violation—Penalty.

• Prior history: §§ 13.20.010—13.20.050: Ords. 80; 148 § 6(A)(3)(a), (b), and (b).

This chapter is enacted for the purpose of:

A. Providing for the payment of installation costs for sewer lines by subdivision developers, commercial businesses and the owner or owners of the property. (Ord. 09-05, 2010)

On any street or alley in which no sewer main or sewer lateral has been laid or installed by the city, or in any street or alley in which such sewers or sewer laterals have been laid by the city but are inadequate to carry the flow of sewage available for disposition therethrough, the owner or owners of property or properties adjacent to such street or alley may, with the permission of the city inspector, lay therein such lateral to the nearest sewer main or lateral of capacity adequate to handle the flow of such lateral to be installed by such owner or owners. (Ord. 160 § 2, 1979)

Within ninety (90) days after the completion of a lateral as described in Section 13.20.010 by such owner or owners, such owner or owners shall file with the city clerk a certificate setting forth an itemized account of the costs and disbursements of the installation of such lateral, together with a map, drawn to a scale of not less than one inch for each twenty (20) feet of lateral, showing in detail the location and depth below the surface of such lateral or laterals. (Ord. 160 § 3, 1979)

In the event any such lateral or laterals shall be laid by any owner or owners and such certificates filed with the city clerk within the time provided in Section 13.20.020, no person or persons may connect to any such lateral or laterals without first paying to and depositing with the city clerk an amount sufficient to pay the proportion of the original costs and disbursements for the installation of such a lateral or laterals to which such person proposes to connect which such person would have paid had he joined in the original installation, or upon the basis of the pro rata cost of installation divided among any other persons who may theretofore have connected thereto and paid their pro rata proportion of the cost of such installation. (Ord. 160 § 4, 1979)

Upon the deposit of an amount provided for in Section 13.20.030 with the city clerk, the clerk shall pay to the original installer or installers of such lateral and to any person or persons who may theretofore have connected to such later, pursuant to the terms of this chapter, the proportionate amount to which each of such owner or owners and subsequent connectors is entitled. In the event that the original installer or connector is not then the owner of the property, the amount so to be paid shall be paid to the owner of such property. (Ord. 160 § 5, 1979)

Any person or persons, by filing the certificate provided for in this chapter within ninety days from the effective date of the ordinance from which this section derives, shall be entitled to the benefits of this chapter as to any sewer laterals laid or installed prior to the effective date of that ordinance as fully and completely as though the ordinance had been in effect as the time of the laying of such lateral or laterals. (Ord. 160 § 6, 1979)

A. Effective on the effective date of the ordinance from which this section derives, for all connections to the city sewer system and all sewer lines constituting it, there is established a sewer line installation fee, the rate of which the city council shall establish by resolution.

B. This sewer line installation fee is in addition to any other charges provided for sewer line installation under this chapter, the original Ordinance 80 Sections 3 and 4*, and the facilities connection charge set forth in Chapter 13.16.

C. All fees collected under this section shall be used by the city as provided for in this chapter. (Ord. 148 § 6(a)(1), (2), (3) (part), 1978)

*** Editor's Note:** The provisions of Ord. 80 are nearly duplicated in, and appear to be superseded by, the provisions of Ord. 160, codified in §§ 13.20.010 — 13.20.050 of this chapter.

It is unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punished accordingly. (Ord. 148 § 7 (part), 1978)