Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:
(a) Building Drain shall mean that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
(b) Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.
(c) B.O.D. (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.
(d) ill! shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(e) Individual Domestic means any single-family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.
(f) Industrial means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.
(g) Multi-domestic means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.
(h) Superintendent shall mean the superintendent of the city or his or her authorized deputy, agent or representative.
(i) Sewage shall mean a combination of the water-carried wastes from residences, business buildings; institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.
(j) Sewer shall mean a pipe or conduit for carrying sewage.
(k) Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
(l) Combined Sewer shall mean a sewer receiving both surface runoff and sewage.
(m) Sanitary Sewer shall mean a sewer that carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
(n) Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
(o) Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.
(p) Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
(q) User means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.
(r) Wastewater means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.
(s) Normal wastewater. The strength of normal wastewater shall be considered within the following ranges:
(1) A five day biochemical oxygen demand of 300 milligrams per liter or less;
(2) A suspended solid concentration of 350 milligrams or less;
(3) pH of 6.0 to 9.0.
(Ord. 1094-2020; Code 2021)
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which a public sanitary sewer of the city is located is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 140 feet of the property line. Such obligation to connect to the public sanitary sewer shall also arise when a new public sanitary sewer of the city is constructed in any street, alley, or right-of-way within the city abutting any such house, building or property.
(a) No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.
(b) There shall be charged a fee of $30.00 payable at the time of making application for the permit.
Any person desiring to make a connection to the city sewer system shall apply in writing to the city clerk who shall forward the application to the utility superintendent. The application shall contain:
(a) The 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 (residential, commercial or industrial);
(d) The point of proposed connection to the city sewer line.
All costs and expense incident to the installation and connection of the building sewer shall be paid by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City any human or animal excrement, Garbage or other objectionable waste.
(b) It shall be unlawful to discharge to any Natural Outlet within the City any Sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
(c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, vault, septic tank, cesspool or other facility intended or used for the disposal of Sewage.
(d) The owner of all houses, buildings or property used for human occupancy, employment, recreational or other purposes, situated within the City on any street, alley or right-of-way in which areas are now located or may in the future be located a public Sanitary Sewer of the City is hereby required at his expense to install a suitable toilet facility therein, and to connect such facility directly within ninety (90) days after date of official notice to do so, provided such Public Sewer is within one hundred (100) fee of the property line.
(a) Where a public sanitary or Combined Sewer is not available under the provisions of Section 2(d), the Building Sewer shall be connected to a private Sewage disposal system complying with the provisions of this Section.
(b) Before commencement of construction of a private Sewage disposal system, the owner shall first obtain a written permission signed by the Utility Supervisor. The application for such permit shall be made on a form furnished by the City and which the applicant shall supplement by any plans, specifications and other information as deemed necessary by the Utility Supervisor. A permit and inspection fee of Twenty-five Dollars ($25.00) shall be paid to the City Treasurer at the time the application is filed.
(c) A permit for a private Sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Utility Supervisor. He shall be allowed to inspect the work in any state of construction. In any event, the applicant for the permit shall notify the Utility Supervisor when the work is ready for final inspection, and before any underground portions are covered. Inspection shall be made within forty-eight (48) hours of the receipt of notice by the Utility Supervisor.
(d) The type, capacities, location and layout of a private Sewage disposal system shall comply with all recommendations of the local and/or county Health Department. No septic tank or cesspool shall be permitted to discharge to any Natural Outlet.
(e) The owner shall operate and maintain the private Sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
(f) No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(g) At such time as a Public Sewer becomes available to a property served by a private Sewage disposal system, as provided in Section 3(d), a direct connection shall be made within sixty (60) days to the Public Sewer in compliance with this article, and any septic tanks, cesspools and similar private Sewage disposal facilities shall be abandoned and filled with gravel or dirt.
(a) No unauthorized Person shall uncover, make any connections with or opening into, use, alter or disturb any Public Sewer or appurtenance thereof without first obtaining a written permit from the Utility Supervisor.
(b) There shall be two (2) classes of Building Sewer permits: (a) for the residential and commercial services and (b) for the service to establish and produce an industrial waste. In either case, the owner or his agent shall make application on a special form furnished by the City. Permit application shall be supplemented by any plans, specifications or other Utility Supervisor. The permit inspection fee and Building Sewer permit fee shall be Twenty-five Dollars ($25.00) and the Industrial Building Sewer permit fee shall be Fifty Dollars ($50.00). Fees shall be paid to the City Treasurer at the time application is filed.
(c) All costs and expenses incident to the installation and connection of the Building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the Building Sewer.
(d) A separate and independent Building Sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private Sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the Building Sewer from the front building may be extended to the rear building and the whole considered as one Building Sewer.
(e) Old Building Sewers may be used in connection with new buildings only when they are found, on examination and test by the Utility Supervisor, to meet all requirements of this article.
(f) The Building Sewer shall be cast iron soil pipe, ASTM specification (A74-42) or equal: vitrified clay pipe, ASTM specification (Cl 3-44T) or plastic pipe PVC 1120 SDR 33.5 of ASTM designation D-1784 or ABS ofASTMD-2l22. Joints for PVC pipe shall be either 0-ring rubber gasket joints or solvent-cemented joints, or equal. All joints shall be tight and waterproof Any part of the Building Sewer that is located within ten (10) feet of a water service pipe shall be constructed of case iron Sewer pipe.
(g) The size and slope of the Building Sewer shall be subject to approval of the Utility Supervisor, but in no event shall the diameter be less than four (4) inches. The slope of six (6) inch pipe shall not be less than one-eighth (1/8) inch per foot. If four (4) inch pipe is allowed, one-fourth (1/4) inch per foot slope shall be minimum for that size connection.
(h) Whenever possible the Building Sewer shall be brought to the building at an elevation below the basement floor. No Building Sewer shall be laid parallel to or within three (3) feet of any bearing wall, which might therefore be weakened. The depth shall be sufficient to afford protection from frost. The Building Sewer shall be laid on uniform grade and in straight alignment insofar as possible. Changes in direction shall be made with properly curved pipe and fittings.
(i) In all buildings in which any Building Drain is too low to permit gravity flow to Public Sewer, sanitary Sewage carried by such drain shall be lifted by approved artificial means and discharged into the Building Sewer. The use of any pumping equipment, for which cross-connections of a public water supply system are needed, is prohibited.
(j) All excavation required for the installation of a Building Sewer shall be open trench work unless otherwise approved by the Utility Supervisor. Pipe laying and backfill shall be performed in accordance with ASTM specifications (C12-19) except that no backfill shall be placed until the work has been inspected.
(k) The connection of a Building Sewer into the Public Sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the Public Sewer is twelve (12) inches in diameter or less, and no properly located “Y” branch is available, the owner shall at his expense install a “Y” branch in the Public Sewer location specified by the Utility Supervisor. When the Public Sewer is greater than twelve (12) inches in diameter and no properly located “Y” branch is available, a neat hole may be cut in the Public Sewer to receive the Building Sewer with entry in the downstream direction at an angle of about forty-five (45) degrees. A forty-five (45) degree elbow may be used to make such connections with the spigot end cut so as not to extend past the inner surface of the Public Sewer. The invert of the Building Sewer at the point of the connection shall be at the same or higher elevation as the invert of the Public Sewer. The smooth, neat joints shall be made, and the connection be made secure and water tight by encasement in concrete. Special fittings may be used for the connection only when approved by the Utility Supervisor.
(l) The applicant for the Building Sewer permit shall notify the Utility Supervisor when the Building Sewer is ready for inspection and connection to the Public Sewer. The connection shall be made under the supervision of the Utility Supervisor or his representative.
(m) All excavations for Public Sewer installation shall be adequately guarded with barricades and lights as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the City.
(n) No Person shall make connections of roof downspouts, exterior and interior foundation drains, areaway drains or other sources of surface runoff or groundwater to a Building Sewer or Building Drain which in turn is connected directly or indirectly to public Sanitary Sewer.
(o) A Building Sewer, once installed, shall be maintained in a manner that allows it to operate properly so that Sewage flows freely from the Building Drain to the Public Sewer. The Person who owns property shall be responsible for and repair a Building Sewer that does not allow Sewage to flow freely from the Building Drain to the Public Sewer. Examples, without limitation, of conditions that prevent the free flow of Sewage are as follows: broken pipes, improper taps to Public Sewer, failure to properly clean out a Building Sewer, etc. A Building Sewer that is maintained in a manner that does not allow the free flow of Sewage from the Building Drain to the Public Sewer constitutes a public nuisance.
(p) The Utility Supervisor may provide, by certified mail, written notice to the owners of property where Sewage does not flow freely through the Building Sewer.
(q) The Utility Supervisor shall, in such written notice, inform the Person receiving the notice that he/she has ten (10) days from the date of receipt of the notice to abate the condition that is preventing the free flow of Sewage through the Building Sewer or to request a hearing before the Governing Body. The Utility Supervisor may cause the Building Sewer to be repaired if the owner of the property does not repair the line or request a hearing within ten (10) days of being served the notice from the Utility Supervisor. Failure on the part of the owner to make a timely request for a hearing shall constitute a waiver of the owner’s right to contest the findings of the Utility Supervisor before the Governing Body. If a hearing is held, it shall be held by the Governing Body as soon as possible after the filing of a request for hearing. At any such hearing, the owner may be represented by counsel, and the owner and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the Governing Body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the owner by certified mail. If the Governing Body finds that a public nuisance exists, then the property owner shall cause the Building Sewer to be repaired within ten (10) days of receipt of the resolution. If the Building Sewer is not repaired within ten (10) days, then the Utility Supervisor may cause the Building Sewer to be repaired.
(r) If the Utility Supervisor causes the Building Sewer to be repaired, the City shall give notice to the owner of the property by certified mail of the total cost of the repairs incurred by the City. The notice shall state that the payment is due within thirty (30) days following receipt of the notice. If the cost of the repairs is not paid within the thirty (30) day period, the cost shall thereafter be collected in the manner provided by K.S.A. 12-1,115 and amendments thereto, or shall be assessed as a special assessment against the lot or parcel of land on which the Building Sewer repaired is located. The City Clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the cost of abatement and the County Clerk shall extend the same on the tax rolls of the County against such lot or parcel of land and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. The City may pursue collection both by levy of special assessment and in the manner provided by K.S.A. 12-1,115 and amendments thereto, but only until the full cost and applicable interest is paid in full.
(a) No Person shall discharge or cause to be discharged any storm water, surface water, water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any Sanitary Sewer.
(b) Storm water and all other unpolluted drainage shall be discharged to Storm Sewers, or to a Natural Outlet approved by the Utility Supervisor. Industrial cooling water or unpolluted process water may be discharged by approval of the Utility Supervisor to a Storm Sewer or Natural Outlet.
(c) No Person shall discharge or cause to be discharged any of the following described waters or wastes to any Public Sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any Sewage treatment process, constitute a hazard in the receiving waters of the Sewage Treatment Plant, including but not limited to cyanides in excess of two milligrams per liter (2 mg/l) as CN in the wastes as discharged to the Public Sewer.
(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the Sewage Works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in Sewers, or other interference with the proper operation of the Sewage Works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground Garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by Garbage grinders.
(d) No Person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Utility Supervisor that such wastes can harm either the sewers, Sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Utility Supervisor will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the Sewers, materials of construction of the Sewers, nature of the Sewage treatment process, capacity of the Sewage Treatment Plant, degree of treat ability of wastes in the Sewage Treatment Plant, and other pertinent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit/sixty-five degrees Celsius (150°F./65°C.).
(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit/zero degrees Celsius (32°F./0°C.) and one hundred fifty degrees Fahrenheit/sixty-five degrees Celsius (150°F./65°C.).
(3) Any Garbage that has not been properly shredded. The installation and operation of any Garbage grinder equipped with a motor of three-fourths horsepower (3/4 hp)(0.76 hp metric) or greater shall be subject to the review and approval of the Utility Supervisor.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite Sewage at the Sewage treatment works exceeds the limits established by the Utility Supervisor for such materials.
(6) Any waters or wastes containing phenols or other taste-or odor-producing substances, in such concentrations exceeding limits which may be established by the Utility Supervisor as necessary, after treatment of the composite Sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Utility Supervisor in compliance with applicable state or federal regulations.
(8) Any waters or wastes having a pH in excess of 9.5.
(9) Materials which exert or cause:
(A) Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).
(B) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(C) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the Sewage treatment works.
(D) Unusual volume of flow or concentration of wastes constituting “Slugs” as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the Sewage treatment or reduction by the Sewage treatment processes employed, or are amenable to treatment only to such degree that the Sewage Treatment Plant effluent cannot effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes having
(A) a five (5) day BOD greater than three hundred parts per million (300 ppm) by weight, or
(B) containing more than three hundred fifty parts per million (350 ppm) by weight of Suspended Solids, or
(C) having an average daily flow greater than two percent (2%) of the average Sewage flow of the City.
(12) shall be subject to the review of the Utility Supervisor, the owner shall provide, at his expense, such preliminary treatment as may be necessary to
(A) reduce the biochemical oxygen demand to three hundred parts per million (300 ppm) by weight, or
(B) reduce the Suspended Solids to three hundred fifty parts per million (350 ppm) by weight, or
(C) control the quantities and rates of discharge of such waters or wastes.
Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Utility Supervisor and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(e) If any waters or wastes are discharged, or are proposed to be discharged to the Public Sewers, which waters contain the substances or possess the characteristics enumerated in paragraph (d) of this Section, and which in the judgment of the Utility Supervisor may have a deleterious effect upon the Sewage Works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Utility Supervisor may:
(1) reject the wastes;
(2) require pretreatment to an acceptable condition for discharge to the Public Sewers;
(3) require control over the quantities and rates of discharge, and/or
(4) require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or Sewer charges under the provisions of paragraph (d)(10) of this Section. Plans, specifications and any other pertinent information related to the proposed preliminary treatment facility shall be submitted for approval of the Utility Supervisor and Kansas State Department of Health and Environment. No construction of such facilities shall be commenced until such set of approvals are obtained in writing.
(f) Grease, oil and sand interceptors shall be provided when, in the opinion of the Utility Supervisor, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or Dwelling Units. All interceptors shall be of a type and capacity approved by the Utility Supervisor and shall be located as to be readily and easily accessible for cleaning and inspection.
(g) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(h) When required by the Utility Supervisor, the owner of any property serviced by a Building Sewer carrying Industrial Wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the Building Sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Utility Supervisor. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(i) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the Public Sewer to the point at which the Building Sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the Sewage Works and to determine the existence of hazards to life, limb and property.
(The particular analyses involved will determine whether a twenty-four (24) hour composite of all out falls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and Suspended Solids analyses are obtained from twenty¬ four (24) hour composites of all out falls whereas pH is determined from periodic grab samples.)
(j) No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor, by the industrial concern.
It shall be unlawful for any unauthorized Person to maliciously or willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Sewage Works. Any Person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(a) The Utility Supervisor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Utility Supervisor or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the Sewers or waterways or facilities for waste treatment.
(b) While performing the necessary work on private properties referred to hereinabove, the Utility Supervisor or duly authorized employee of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for Person injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions are required herein.
(c) The Utility Supervisor and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duty negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the Sewage Works lying within said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(d) Notwithstanding anything to the contrary herein, the Utility Supervisor; when entering upon private property and making inspections, observations, measurements, sampling and testing thereon, shall comply with federal and state laws, rules and regulations regarding going upon private property, and the Utility Supervisor, when required in order to comply with federal and state laws, rules and regulations, shall make application to procure the right of entry to a court of competent jurisdiction.
(a) Any Person found to be violating any provision of this article shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof The offender shall, within the period of time stated in such notice, permanently cease all violations.
(b) Any Person who shall continue any violation beyond the time limit provided herein, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding One Hundred Dollars ($100.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.
(c) Any Person violating any of the provisions of this Article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
(a) Whenever a sewer stoppage is reported to the City on building service lines connecting a building to the City main, the City sewer department shall immediately check the City main and determine if the main is open and flowing. If the sewer main is backed up and not running, then the sewer department will have the main cleared and video taped to insure all obstructions are cleared. If from inspection, it is determined that the main is running and not backed up, then the sewer department will notify the property owner that it appears that the blockage is in the service line.
(b) Should the sewer department determine that the main is running and no obstruction exists, and the property owner is not satisfied with this determination, then the property owner may request that the line be video taped by signing Attachment “A”. If after the video taped has been made and it has been determined by the Public Works Director that the main was in fact cleared from causing the stoppage, then the property owner will be billed for all costs associated with the video taping, the removal of any obstruction caused by their service tap.
(c) If the Public Works Director determines that the fault of the stoppage was caused by a problem with the City main, the Public Works Director is hereby authorized to reimburse the property owner for costs associated with the cleaning of their service line, provided that any costs were occurred. Any determination by the Public Works Director may be appealed to the City Council.
Bills shall be rendered monthly as provided hereinabove and shall be collected as a combined utility bill.
(a) In the event any person, except the United States and the state of Kansas, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15-102 to 15-104.
(b) All other remedies regarding delinquent accounts, and exceptions thereto, contained in section 15-106 shall apply to sewer service fees, charges and services.
There are levied on all persons, firms corporations, organizations, political units and political subdivisions and all other entities with premises in and without the corporate limits of the City now or hereafter connected to the sewerage system of the City, charges for the use of such system as hereinafter provided.
All users of sewerage systems within and without the corporate limits of the City, are for the purpose of this article, classified as follows:
(a) Residential-Residential means any structure housing one or two families.
(b) Commercial and Industrial-
(1) All users other than those above classified.
(2) Commercial and Industrial users.
(a) Residential users shall be charged a set monthly rate as provided hereinafter.
(b) Commercial and Industrial users which have metered water consumption shall be charged based on the quantity of fluids used in or on the premises as the same is measured by a water and/or sewer meter or meters.
(c) Where any Residential, Commercial or Industrial premises are connected with the City’s sewerage system but are not served by the City’s water utility system, the Owner or Occupant of such premises shall, at their own expense, install and maintain on such premises a water meter or meters of a type and at a location acceptable to the Director of Public Works of the City, which meter shall measure all water received on said premises from all sources and said meter readings shall be used to calculate sewer bills as outlined below or the City may choose to apply a flat rate based on water consumption of 5,000 gallons per month.
Each user of the sewerage system within the corporate limits of the City shall pay for the use of such system the monthly charge set forth hereinafter according to the following classification and schedule:
(a) Residential. A monthly base charge as determined from time to time by the governing body for 3,000 or fewer gallons of water consumption per month and an additional monthly charge as determined from time to time by the governing body for each additional 1,000 gallons of water consumption or portion thereof over the first 3,000 gallons of consumption. Water usage shall be based on the average of the annual January, February and March water usage records for each customer. However, customers experiencing an excessive water usage during the billing periods ending in January, February or March may request the average be calculated upon an alternate three month record of usage. The written request, including leak repair documentation, should be presented to the water clerk. Approval of the alternate record of usage shall be within the sound discretion of the City Clerk. New residential customers, without an established water usage history, shall be charged the monthly base charge until a January, February and March usage record is established. The usage record for each customer shall be updated once each year and used for the next twelve (12) months.
(b) Commercial and Industrial. A monthly base charge as determined from time to time by the governing body for 3,000 or fewer gallons of water consumption per month and an additional monthly charge as determined from time to time by the governing body for each additional 1,000 gallons of water consumption or portion thereof over the first 3,000 gallons of consumption.
(c) The governing body shall conduct an annual review of the financial condition of the City’s sewer utility on or before March 31st of each year in order to evaluate the need for any adjustment to the current sewer charges. Such review shall be held during a council meeting open to the public. If, on or before March 31 of each year, the governing body takes action to adjust the current sewer charges, such adjustment shall go into effect for any charges yet to be billed to customers. If the governing body takes no action on or before March 31 of each year, the current sewer charges shall be increased by 3% effective for any charges yet to be billed to customers. After its annual review, the governing body may, by motion made and adopted at a city council meeting, announce its intention that charges shall remain the same and such a motion shall be considered action which negates the automatic percentage increase set out herein.
(Ord. 952; Ord. 1054; Ord. 1087; Code 2021)
Each user of the sewerage system of the City outside the corporate limits of the City shall pay for the use of such system monthly charge at the rate of one and one-half (1 1/2) times the rate charge for each like classification of users within the corporate limits of the City.