Amending Chapter 17 Sewwer and Water

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SECTION 17 -58 Responsibility of Homeowner,4Private Owners (a) All sewer lines under private property shall remain the full and sole responsibility of the private owner with regard to maintenance, reaming, cleaning, and all other related maintenance requirements for their normal operation. (b) Funds collected under this Article shall be used for the payment of all costs in excess of One Thousand ($1,000.00) Dollars which the City declares to be directly attributable to the repair of a private sewer service. Such deductible amount shall not include any costs except those exclusively determined to be .necessary for the repair of such sewer lines. (c) Upon the City determining that repair work is necessary on the priviate property, the private property owner shall be required to sign a release holding the City harmless from any liability in- curred while repairing, and holding harmless any contractor which may be authorized by the City to do such repair work. (d) The City shall not be responsible for the replacement of any trees, shrubbery, plants, lawns, or sod on private property; and shall not be responsible for any expenses incurred in tunneling under any hard surface improvements such as bituminous, concrete, or brick driveways, patios, sprinkling systems, gas grills, utility lines, cracked foundations, and any other similar improvements found on the private property. (e) The owner of the Private Sewer shall be responsible to pay the City of South Bend the first One Thousand Dollars ($1,000.00) of cost incurred for all work as allowed under Section 17 -58, Ap- plication of Funds. (f) Payment shall be due the City of South Bend within 365 days of date of invoice by the Controller of the City of South Bend. Failure to pay as required herein shall constitute a lien upon the property in favor of the City of South Bend. SECTION 17 -59 Limitation or Use of Funds. Manholes, connections, sampling equipment, etc., required to be placed at the owners expense to permit monitoring in accordance with City code, State and Federal Statutes shall not be insured under this Article. SECTION 17 -60 Use of Funds When Accounts. Delinquent Prohibited. The insurance of repair and /or replacement shall not be in force on any account if the charge for such insurance has not been paid for a period of one hundred and twenty (120) days. SECTION 17 -61 Compliance of Work with Plumbing Codes; Approval of Repair Orders. (a) Any private sewer owner who wishes to file a claim under this Article shall: 1) Notify the Bureau of Sewers, requesting an inspection of the private sewer to determine that the line is broken and requires repair and /or replacement, 2) Sign a release furnished by the Bureau of Sewers authorizing right of entry onto the affected private property for pur- poses of making said repairs, and acknowledging the respective responsibilities of the CIty and the private owner in this matter, and 3) Execute a payment agreement furnished by the Bureau of Sewers, as approved by the Board of Wastewater Commissioners.