|
|
|
|
CHAPTER XIV. SEWERS AND
SEWAGE
Article 1. Sewer Regulations
Article 2. Sewer Connections
______________________
ARTICLE 1. SEWER REGULATIONS
14-101. PERMITS TO
TAP SEWER. It shall be unlawful for
any person to make or cause to be made any connections with or to the main or
lateral sewers of the city sewer system, or to build any sewer connection to or
make any alteration therein without first having secured a permit therefor from
the city granted by the authority of the governing body:
Provided, That before any such permit shall be issued, an application
therefor shall be filed with the city clerk in writing which shall contain the
legal description of the premises to be connected, the owner thereof, and the
description of the work to be done or installed.
Such permit shall be issued upon the approval of the city plumbing
inspector and the payment of an inspection fee of $7 if the main sewer is
tapped, otherwise $5 for the supervision and inspection of the connection:
Provided further, That no such connection shall be made unless the work
is done by a licensed plumber. The
connection shall be made subject to the supervision and approval of the plumbing
inspector as in other cases in accordance with the plumbing ordinance of the
city. (Code 1971, 13-101)
Ref.: Plumber's permit,
section 4-402.
14-102. SEWERS:
USE OF; PROHIBITED DISCHARGES. Except
as hereinafter provided, no person shall discharge or cause to be discharged any
of the following described waters or wastes to any public sewer:
(a) Liquid or vapor having a
temperature higher than 150 degrees Fahrenheit;
(b) Water or waste which may
contain more than 100 parts per million, by weight, of fat, oil or grease;
(c) Gasoline, benzene,
naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
(d) Garbage that has not been
properly shredded;
(e) Ashes, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, or any other solid
or viscous substance capable of causing obstruction to the flow in sewers or
other interference with the proper operation of the sewage works;
(f) Waters or wastes having a
ph lower than five and five-tenths (5.5) or higher than nine (9.0), or having
any other corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage works;
(g) Waters or wastes
containing a toxic poisonous substance in sufficient quantity to injure or
interfere with any sewage treatment process, constitute a hazard to humans or
animals, or create any hazard in the receiving waters of the sewage treatment
plant;
(h) Water or wastes
containing suspended solids of such character and quantity that unusual
attention or expense is required to handle such materials at the sewage
treatment plant;
(i) Noxious or malodorous gas
or substance capable of creating a public nuisance.
(Code 1971, 13-102)
Ref.: Plumbing regulations,
section 4-322.
14-103. CERTAIN
DRAINAGE REGULATED OR PROHIBITED. It
shall be unlawful for any person to connect downspouts from any roof area, any
drains from any building foundation, any paved areas, yards or open courts, or
any waste pipe from any air conditioning or cooling unit or device having a
capacity in excess of one ton per hour of water requirement or one horsepower to
any sanitary sewer lateral or main of the city, or to discharge any water or
liquid wastes from any such place or device into the sewers.
Water or liquid wastes from any air conditioning unit or cooling device
having a capacity in excess of one ton per hour or one horsepower may be
discharged into the public sewer upon the following:
(a) A special application to
the governing body showing the necessity therefor;
(b) A finding that such
cooling water cannot be recirculated and that such waste water does not overload
the capacity of the sewer or interfere with the effective operation of the
sewage disposal works of the city;
(c) Upon the approval of the
city superintendent;
(d) By the issuance of a
special permit specifying the conditions under which such cooling water may be
discharged into the sewer during a period of time limited thereby.
All such water or liquids may be discharged into the public gutter or
storm drains but not into any open ditch or unpaved street or alley of the city
where the same may become a nuisance. (Code
1971, 13-103)
14-104. TRAPS,
INTERCEPTORS REQUIRED; WASHRACKS; SPECIAL DRAINS.
All garages, filling stations, milk plants or other commercial or
industrial plants or establishments connected to the public sewer shall
construct and maintain proper and sufficient interceptors or traps to prevent
the escape and discharge of any sand, mud, sediment, litter, or waste products
or liquids of any such place or any substance deleterious or harmful to the
effective operation and maintenance of the city sewer system or sewage disposal
works, into the building sewer drain. All
such interceptors or traps shall be constructed and maintained according to
plans and specifications designed by the city, or approved by the superintendent
of municipal utilities. The
operation of the same shall be subject to periodic inspection and approval by
the city plumbing inspector. (Code
1971, 13-104)
14-105. PROPERTY
CONNECTED TO SEWER; WHEN. All
persons owning dwelling houses or buildings located near a public sewer, or in a
block within any sewer district through which a sewer extends shall make such
connections with the sewer system of the city as may be necessary in the
judgment of the board of health for the purpose of disposing of all substances
affecting the public health which may be lawfully and properly disposed of by
means of such sewer. Such connection
shall be made within 90 days of the availability of any public sewer to any
dwelling or building in which a house plumbing system shall have been installed
prior to the construction of such available public sewer.
Connection to the public sewer shall be made by the owner of the dwelling
or building within six months from the date of the completion of the public
sewer available for the connection of any such building.
(K.S.A. 12-631; Code 1971, 13-105)
Ref.: Board of health
authority, section 6-103.
14-107. FAILURE TO
CONNECT: ACTION BY CITY.
If any person or property owner refuses or fails to comply with the
provisions of the foregoing section within ten (10) days after receiving the
notice, the governing body may advertise for bids for the construction and
installation of the necessary sewer connections and house plumbing hereinbefore
required and contract with the lowest responsible bidder or bidders for the
purpose of making such connection and installation.
The city shall assess the cost and expenses thereof, including the
inspection fees, against the property or premises so connected to the sewer as
provided by law. Until such
assessments shall have been collected and paid to the city treasurer, the cost
of making such connection by the city may be paid from the general fund of the
city. (K.S.A. 12-631; Code 1971,
13-107)
14-108. RIGHTS
RESERVED BY CITY; SERVICE CHARGES. Nothing
in this article shall be construed to deny or limit the authority of the city to
enter into special agreements with any class or category of commercial or
industrial concerns to provide for disposal of or treatment of wastes or sewage
of unusual strength or characteristics upon the basis of special charges for any
such service rendered by the city. The
city further reserves the right granted by the laws of
Ref.: Sewage service charges,
section 14-208.
14-109. CESSPOOLS
PROHIBITED. (a)
It shall be unlawful for any person to construct or maintain any cesspool
within the city, or to connect the drainage system of any building or mobile
home to any cesspool, or to discharge or cause to be discharged any sewage or
waste water from any building, trailer house or other place of human occupancy
into any cesspool, cistern, pit, sink, privy vault or other place of disposal
except at a public sewer to an approved septic tank as hereinafter authorized.
All cesspools, cisterns, sinks, pits, vaults and other places used for
the disposal of sewage or waste water may be abated as a nuisance by order of
the city board of health and filled as provided by the regulations of said
board.
(b) Provisions shall be made
for disposal of sewage and waste water from trailer coaches or mobile homes when
standing and occupied on private premises in the city as follows:
(1) The owner of the premises
(or operator of a trailer park) shall construct or make available a sewer outlet
for the connection of the plumbing system of each such trailer coach or house to
the city sewer system consisting of drain pipe terminating below grade with a P
trap connected to the sewer lateral and extending above grade not less than four
inches (4") with such terminal enclosed and protected by metal casing or
concrete mount.
(2) Each such sewer outlet
shall be provided with a flexible connector of sufficient length to attach the
trailer outlet to the sewer drain and be so arranged as to readily clamp into
the outlet of the trailer drain and so designed that in case of any emergency
the trailer unit may be moved and the connection automatically disconnected
without damage or breaking. (K.S.A.
12-1617e; 12-1617g; Code 1971, 6-105)
14-110. PRIVY VAULTS.
(a) It shall be unlawful for
any person to construct or maintain any outside toilet or privy vault in the
corporate limits of the city without a permit from the city board of health
authorizing such construction or approving such maintenance.
The board of health shall not issue any permit for the construction of
privy or approve the maintenance of any existing privy vault within 500 feet of
the wells or sources from which the city derives its water supply nor within 75
feet of any well serving as a source of private domestic water supply, or within
any area or section of the city served by an available public sewer.
(b) No such permit shall be
issued or approved for the construction or maintenance of a privy vault on any
premises when the said board shall find and determine that the soil and area of
the premises will permit the construction and maintenance of a septic tank
without causing a nuisance.
(c) This section shall not be
construed to prohibit the construction and maintenance of a temporary privy
vault for use of workmen during the construction of any building or improvement
on any premises in the city under the authority of a building permit, but which
shall be removed immediately upon completion of the work.
All authorized toilets and privy vaults shall be constructed and
maintained in accordance with the standard specifications and sanitation
requirements recommended by the Kansas State Board of Health and approved by the
city board of health. (Code 1971,
6-106)
14-111. SEPTIC TANKS.
It shall be unlawful for any person to construct or maintain a septic
tank for the disposal of sewage and waste water on any premises within the
corporate limits without a permit from the city board of health to be issued
upon the approval and recommendation of the city plumbing inspector.
No permit for any such purpose shall be issued for the construction or
maintenance of a septic tank in any area or section of the city served by an
available public sewer. All septic
tanks shall be constructed and maintained in accordance with standard plumbing
regulations recommended for the purpose by the plumbing inspector and approved
by the board of health of the city. (Code
1971, 6-107)
14-112. DISPOSAL OF
SEWAGE. It shall be unlawful for any
person to deposit or discharge any sewage or human excrement upon any public or
private grounds within the city, or to cause or permit the contents of any privy
vault, septic tank or cesspool to be deposited or discharged upon the surface of
any grounds, or to flow except into a building sewer drain, sewer, or an
approved septic tank. Any
unauthorized or unapproved privy vault, septic tank, or means or places for the
disposal of sewage, excrement and polluted water may be abated as a public
nuisance upon the order of the city board of health as provided by ordinances of
the city and the laws of
ARTICLE 2. SEWER CONNECTIONS
14-201. SPECIAL SEWER
CONNECTIONS AUTHORIZED; PERMITS. The
owner or owners of any premises situated outside but adjacent to the city or the
owner or owners of any premises situated within the corporate limits but not
within a sewer district of the city established by ordinance may, as a
concession and not as a right, be permitted to connect their premises to the
sewage system of the city and to discharge the usual and ordinary sewage from
their premises into the system upon making an application to the city governing
body. The governing body may
authorize the issuance of a permit for such purposes conditioned as hereinafter
provided upon the terms of an agreement stated in the permit.
The permit shall stipulate that the owner or owners applying for such
special connection privilege will comply with the provisions, restrictions and
limitations of this and other ordinances of the city relating to the
installation of sanitary plumbing in such buildings and to the ordinances of the
city relating to public health, safety and sanitation.
Such permits shall be issued upon the payment of the connection fees and
annual or monthly service charges for the use of the sewage system as may be
provided. (Code 1971, 13-201)
Ref.: Permits to tap sewer,
section 14-101.
14-202. APPLICATION
FOR CONNECTION PERMIT. Any owner or
owners desiring to make a connection to the city sewage system shall apply in
writing to the city clerk. The
application shall contain the following information and statements:
(a) Legal description of the
property to be connected;
(b) The name and address of
the owner or owners of the property;
(c) The kind of property to
be connected (whether residential, commercial or industrial);
(d) The number and kind of
sewer intake openings to be connected;
(e) The exact point of
proposed connection to the city sewer main or lateral;
(f) A stipulation that the
applicant, his heirs, devisees, assigns or successors in title will comply with
this and other ordinances of the city as aforesaid as a condition for the
granting of the desired permit by the city.
The application shall be signed and acknowledged by all the owners of the
premises described in the application. (Code
1971, 13-202)
14-203. ACTION ON
APPLICATION. The city clerk shall
upon receiving any application, present the same to the governing body at its
next regular meeting. If the
governing body shall find that all requirements made herein have been satisfied
by the applicant, that the sewer to which the desired connection will be made or
the sewage treatment plant of the city will not become overloaded, and that the
sewage from such premises proposed to be discharged into the sewage system can
be transported and disposed of without expense to the city in excess of the
uniform special connection fees herein established and the annual sewage service
use fees, the governing body may direct the city clerk to issue a permit to
applicant conditioned as provided hereinafter upon payment of the required
connection fees and service charges. (Code
1971, 13-203)
14-204. FORM OF
PERMIT; CONDITIONS STIPULATED. The
permit issued as hereinbefore provided shall be in substantially the following
form:
"Upon the application of (reciting name or names of applicant
owners), the City of Hugoton permits, as a concession, the applicant to connect
the following described premises (legal description), the same being situated
(outside but adjacent to the corporate limits) (within the corporate limits but
not within an established sewer district) to the sewage system of the city and
to discharge usual and ordinary sewage into the system, under the provisions of
section 14-201 of the Code of the City of Hugoton and subject to satisfactory
compliance with the conditions of the aforesaid section.
The city shall have the right to increase the service charges and to
cancel this permit for failure to comply with the conditions upon not less than
six (6) months' notice in writing."
The permit shall be dated as of the date of issuance and signed by the
mayor and attested by the city clerk under the seal of the city.
(Code 1971, 13-204)
14-205. OUTSIDE SEWER
CONNECTIONS; CONDITIONS. The owner
or owners having a permit to connect their premises to the city sewage system as
hereinbefore provided shall make such connection at a point in the public sewer
to be designated by the superintendent of municipal utilities.
The connection shall be made under the supervision of the city plumbing
inspector upon the payment of such other permit and inspection fees as may be
required by the city plumbing ordinance in the case of installing sanitary
plumbing or connecting building sewer drains to the public sewer.
The owner shall pay all the cost of the sewer lines, pipes, connections
and fixtures as may be required to connect his premises to the public sewer main
or lateral and all other expenses incurred in the making of the connection.
The owners of premises located outside but adjacent to the city shall
maintain all such sewer mains, laterals, pipes and connections at their own
expense. In the event such premises
shall be subsequently added to the city, all sewer mains and laterals located
within the streets or public ways of the city shall become a part of the public
sewer system and shall be maintained and serviced by the city as in cases of
like property within the city. Sewer
mains or laterals located within streets and public ways of the city and which
are constructed at the expenses of owners of property within the corporate
limits but not within an established sewer district shall become a part of the
public sewage system and shall be maintained and serviced by the city as in
other cases. All sewer mains and
laterals constructed within the streets or public ways of the city for the
purpose of connecting premises to the existing public sewers shall be
constructed in accordance with the specifications of the city for the extension
of sewer mains or laterals. (Code
1971, 13-205)
14-206. OUTSIDE
CONNECTION FEES. A connection fee of
$200 shall be paid by the owners of property located outside but adjacent to the
corporate limits of the city at the time a permit shall be issued by the city
clerk for any such connection. The
permit shall be subject to the express condition that any such property so
connected and subsequently added to the corporate limits shall not, by reason of
such connection and payment of such fee by the owner, be relieved from being
included within a sewer district thereafter established by the city, or from any
assessments for the construction of sewer mains or laterals therein, except that
such owner or his successor in title may be refunded a sum equivalent to 50% of
the connection fee if he applies for such refund within six months from the date
of creation of the district. Any
owner or owners of land situated outside the city and adjacent to any premises
outside the city who may hereafter desire to receive sewage disposal service
from the city may obtain a permit for such purpose upon an application made as
provided by this article and may connect his or her premises to an existing
sewer main or lateral located within a street or public way of the city which
shall have been previously constructed to connect any premises located outside
but adjacent to the city and constructed at the expense of such owner, upon
payment to the city of a connection fee determined as provided by this section.
No permit shall be issued for any such additional connection without the
consent in writing of the owners of the premises constructing the existing sewer
who then shall be entitled to a refund of 50% of the connection fee upon
application to the city, but such owner or his or her successor shall not be
further entitled to an additional refund in the event his or her premises are
added to the corporate limits of the city. (Code
1971, 13-206)
14-207. CONNECTION
FEES:
14-208. SEWER SERVICE
CHARGES. A monthly service charge
for the use of services rendered by the sewage disposal system shall be paid to
the city by all persons, firms, corporations and organizations within or without
the city having a sewer connection directly or indirectly with the sewage
disposal system of the city shall be as follows:
(a) Residential: (1)
Each family user within the city, per month $11.50. (2)
Each family user without the city, per month $23.00.
(b) Commercial: (1)
Class A.
All persons, firms, corporations, and organizations engaged in commercial
business operations within the city and not specified as a Class B or Class C
Commercial, per month $11.50. (2)
Class B.
Cafes, Grocery Stores, Convenience Shops, Service Stations, Car Washes,
Drive-Ins, Restaurants, Beauty Parlors, Garages, Hotels and Motels, Machine and
Repair Shops with wash pits, per month $25.50. (3)
Class C.
Laundromats, Hospitals and Nursing Homes, per month $47.00. (4)
Each Commercial user without the city, shall be assessed a
monthly service charge of exactly twice the amount levied a commercial user
within the city according to the Class A, B, and C Schedule specified above.
(c) Institutional:
Grade School, Middle School and
High School facilities, per month when school is in session $79.00.
(d) Multi-Unit Use: Where any building houses more
than one family or business unit or any other combination thereof, each unit,
per month $11.50. (Ord. 707, Sec. 1)
14-209. BILLING
DATES. The sewer charge provided for
in section 14-208 of this article shall be charged from the fifteenth of the
month to the fifteenth of the following month and shall be due and payable on or
before the fifteenth day of each following month, payable at the office of the
city clerk. The city clerk shall
notify each recipient of sewer service of the amount due on his or her service
as the service charge becomes payable. If
the recipient of sewer service also receives water service, the sewer service
charge provided for herein shall be shown on the recipient's water bill.
(Code 1971, 13-209)
14-210. VACANCY OR
DISCONTINUANCE OF SERVICE. When
property served by sewer service shall be temporarily or permanently vacant or
sewer service is to be discontinued the recipient of the sewer service shall
notify the city clerk of the vacancy or discontinuance of service.
The sewer service charge provided for herein shall not be charged during
such vacancy or discontinuance of service. (Code
1971, 13-210)
14-211. REVENUE.
The revenue derived from the charges for the use of the city sewer
disposal system as provided for herein shall be placed in the city treasury and
kept in a separate fund and shall be paid out and distributed as follows:
(a) To pay for the operation,
maintenance and renewal of the sewage disposal system of the city and the
payment of salaries of employees engaged in operating the sewage disposal
system;
(b) Any sums not expended for
the purposes provided for in the preceding subsection shall be semi-annually
placed in a sinking fund. Such fund
shall be used for the purpose of paying the interest upon and retiring any
bonded indebtedness upon the sewage disposal system not primarily liable by
special assessments against the property in a sewer district or districts;
(c) When any sums collected
by the city for sewer service charges are not needed for the purposes designated
in the two preceding subsections the surplus may be annually, at the close of
the fiscal year, transferred to and merged into the city general operating fund.
No transfer to the general operating fund shall be made unless there is a
balance, to be set by the governing body, remaining in the sewage disposal
system fund. (Code 1971, 13-212)
14-212. DELINQUENT
MONTHLY SERVICE CHARGE. If the
monthly service charge required to be paid by Section 14-208 remains unpaid on
the last day of the month in which such bill has been rendered, water service
may be discontinued subject to the notice and hearing requirements provided in
sections 17-110:111 of this code. (Code
1983)
14-213. CHARGE FOR
RESTORING SERVICE. In the event
water service shall be discontinued said water service shall not be restored
until all bills have been paid and a service charge of $5 for restoring said
service has been paid. Said $5 fee
shall be retained in the sewage disposal system fund.
(Code 1983)
14-214. LIEN UPON
PROPERTY. In the event a person
living or operating on premises connected to the sanitary sewer system of the
city shall neglect, fail or refuse to pay the monthly sewer service charge, in
lieu of discontinuing water service, such charge shall constitute a lien upon
the real estate served by the connection to the sewer and shall be certified by
the city clerk to the county clerk to be placed upon the tax roll for
collection, subject to the same penalties and collected in like manner as other
taxes are collected. (Code 1971,
13-211)
14-215. SAME;
LANDLORD LIABILITY. Owners of leased
premises provided sewer service by the city are ultimately liable for payment of
the cost of the monthly sewer service charge, whether such service is furnished
upon the application and request of the owner or the lessee of the premises.
The owner of any leased premises, or the owner's agent if leasing is
through an agent, shall be notified of the delinquency of the occupant of the
leased premises in the same manner as notice is provided to customers pursuant
to section 17-110 of this code. (Code
1983) |
|
Send mail to admoore@pld.com with
questions or comments about this web site.
|