Code 14

 

                                         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.

 

            14-106.   CITY MAY CONNECT PROPERTY TO SEWER.  If any person shall fail, neglect or refuse to connect any dwelling or building with the sewer system of the city as hereinbefore required, for more than 10 days after being notified to do so by the city board of health, the governing body may cause such buildings to be connected with the sewer system as authorized by law.  The notice given by the board of health shall require that the connection to the public sewer shall comply with the plumbing regulations of the city for the construction of plumbing and installation of plumbing fixture within buildings and the laying of building sewer drains.  Notice may require that not less than the following plumbing fixtures be installed and connected to the building drainage system:  One kitchen sink or slop sink; one washbasin or lavatory; one bathtub or shower stall, and one water closet.  All such installations shall be made upon an application, the issuance of a plumbing permit and the payment of such inspection fees as may be required in other cases.  (K.S.A. 12-631; Code 1971, 13-106)

 

            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 Kansas to impose and collect service fees for the transportation, treatment and disposal of sewage and waste lawfully discharged into the sewage disposal system.  (K.S.A. 12-631g; Code 1971, 13-108)

 

            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 Kansas .  (K.S.A. 12-1617e; 12-1617g; Code 1971, 6-108)

 

 

                                             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:  PROPERTY INSIDE CITY NOT IN SEWER DISTRICT.  The connection fee paid by owners of property located within the corporate limits of the city but not within an established sewer district shall be $200.  The owner or his or her successor in title may claim a refund of one-half of the connection fee in the event that the property so connected shall be subsequently made a part of a sewer district of the city.  The payment of any such fee shall not relieve such property from being included within any such future district.  (Code 1971, 13-207)

 

            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)

 

 

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