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HomeMy WebLinkAboutAmending Chapter 17 Sewers and WaterORDINANCE No. 682c)_$0 Passed by the Common Council of the City of South Bend, Indiana September 15. — 80 IRENE K. GAMMON P, Presented by me to the Mayor of the City of South Bend, Indiana -- September 16, ig 80 /c- /L-7 Approved and signed by Clerk Of Common Council IRENE K. GAMMON _ -IF 0 Clerk ORDINANCE NO.�, AN ORDINANCE AMENDING CHAPTER 17, SEWERS AND WATER, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AMENDMENT OF ARTICLE 7, SEWER SERVICE FUND AND CHARGES. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes the importance of the health and safety of its citizens resulting from an efficient and well operating sewer system. The Council further recognizes that the funds presently available for the repair of private sewer connections in order to eliminate the leakage of effluent, infiltration of ground water, and other failures of sewer connections, is insufficient to meet the needs of such needed repairs. The Council passed on July 28, 1980, an amendment to Chapter 17, Sewers and Water, of the Municipal Code of the City of South Bend, Indiana, which was the addition of a new Article 7 entitled Sewer Service Fund and Charges, and that ordinance was signed by the Mayor on August 6, 1980. The Council declares that there is a need to clarify portions of that ordinance in order better to meet the need to operate a Sewer Service Fund in the City of South Bend, while maintaining the obligations of maintenance, reaming, and cleaning of such lines with the individual property owner. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I: Chapter 17 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by additions and deletions in Article 7 entitled Sewer Service Fund and Charges, and shall read in its entirety as follows: Article 7. Sewer Service Fund and Charges. SECTION 17 -56 Purpose, Assessment of Charges; Deposit in Separate Fund. { a)-- Th. e- purpese- ef- tke- Sewe -r- Serviee- Fund- is -fer- the- exelusive use- ef- repairixg -a- private - sewer- ee- aneetiex -ia- a -Ede3F-te- eliminate -the leakage- ef- effltiext ;- ixfiltratieR- ef- g -Fetixd- water?- a- .d- etke -E- failx -res ef- a- sewer- eeR-aeetien -and- the- h. i-EiRg- ef- ene- {13- pe -rsen- te- }xspeet and- eversee -sueh- repairs . (a) The sum of Seventy -five Cents (750) per month shall be added to sewer service charges for all sewer users which are not industrial or bulk water customers. All of said sums of money so collected shall be deposited in a separate fund of the Bureau of Sewers. {b } -- The- stt�- ef- Sevexty- five- eexts- {75� }- gem- �exth- shall -be added -te- sewer- serviee- eharges -fer- all - sewer - risers- whieh- are -not }xdtist�ial- e�- xet- bttl�.- water- t�se�s - -- All -ef- said- stt�s- ef- �exey -se eelleeted- shall -be- deposited- ix- a- sega�ate- ftixd -ef- the- $ti�eati -ef Sewers. (b) All funds collected under Section 17 -60 of this Article, Charges to Private Sewer Owner, Payment, shall also be deposited in this se arate fund of the Bureau of Sewers. (c) All of said sums of money so collected shall be deposited in a separate fund of the Bureau of Sewers, and said fund shall be used solely to address the repair and /or replacement of failing pri- vate sewer connections, and to address administrative and inspection costs associated with this program. SECTION 17 -57 Definitions. (a) Public Sewer shall mean that sewer owned and maintained by the City of South Bend for the collection of sanitary sewer effluent. (b) Private sewer connection shall include all connections from the Public Sewer to the foundation wall of the structure located on private property. SECT19N- 17- 58- Resgensibility- ef- HemeewxersfPrivate- Owners SECTION 17 -58 Application of Funds. {� } -- All - sewer- fixes- tixde�- private- p�ege�ty- shall- �e�aix -the frill- axd- sele- �esgexsibility- ef- th.e- g�ivate- ewxe�- with- �ega�d -te x�ai>3texaxee; - �eaxiixg; - eleah.ixg; -axd- all - ether - related- tr�aixtexaxee �egtti�e�exts- few- their- xe��al- epe�atiex- {b }-- Ftixds- eelleeted- sxde�- this- A�tiele- shall- be -�.sed -few -the ga�ext -ef- all - Bests- ix- e�eess- ef- 9xe- Thetisa�.d- {1;999- 99 }- Bella�s whieh- the- 6it�- deela�es- te- be- di�eetly- attributable -te- the - omega }� ef- a- private- sewer- se�viee--- Stteh- dedtietible- a�ettxt- shall- xet- ixeltide axy- eests- emeept- these -ex elusively- determixed- te- be- xeeessai:y -fei: -the repair - of -sueh- sewer- fixes. { e }-- Hpex- rhe- Eity- dete�aiixixg- that- �epai�- we�R- is- xeeessa�y ex- the- g�i�ate- g�ege�ty;- the - private- g�ege�ty- ewxe�- shall- be- �egtii�ed te-sigx-a- release- heldixg- the -Eity- harmless- f�e� -axy- liability -ix- eti��ed- while- �egai�ixg;- axd- heldixg- ha��less- axy- eext�aete�- whieh- �ay- be- a�.the�ised -by- the- 6ity- te- de- stieh- �epai� -we�R. {d }-- The -Eity- shall- xet- he- �esgexsible -fei:- the- �eplaee�ent -ef axy- tees;- sh�xbbe�y ;- glaxts;- lawxs;- e�- sed -en- private- g�epe�ty; axd- shall- xet- be- �espexsible- few- axy- e�gexses- iz3etii<�ed- ix- tttxxelixg �.�. dew -axy- hated- sti�faee- iaig�eveaiexts- 9tieh- as- bittiffiinetis ; - eexe�ete ; e�- b�ie�- driveways;- gaties;- sg�ixRlixg- systems;- gas - gills; - utility fixes;- e�ae�ed- fetixdatiexs;axd -axy- ether- si�ila�- iglg�eve�ei�.ts -fe�xd ex- the -private - gregerty- {e } -- The- ewxer -ef- the - Private - Sewer- shall- be- respexsible -te -gay the- 6ity- ef- Setith- Bead - the - fist- 9xe- Thetisaxd- Bella�s- {1;999 -99} ef- east- ixeti��ed -few- all- we�R- as- allewed- tixde�- Seetiex- l7- 58; -Ag- plieatiex- ef- Ftimds . {f }-- Fa�ext- shall- be -dtte- the- Eity- ef- Setith- $exd- withix -365 days -ef- date- ef- ixveiee -by- the- 6ext�elle� -ef- the- Eity- ef- Setith -$exd. Failtire -te- gay -as- required- hereix- shall- eexstitute- a- liex -tipex -the g�ege�ty- ix- fave� -ef- the- 6ity- ef- Sett�h -$exd- -2- ds collected under this Article streets, curbs and walks. SECTION 17 -59 Limitation of Funds. be used for the `.1 ) eatures on (a) All costs associated with those items excluded in Section 17 -58, Application of Funds, shall not be insured under cle. (b) Manholes, connections, sampling equipment, meter pits and clean -outs, etc., required to be placed at the owners expense to permit monitoring in accordance with City eed.e Code, State and Federal Statutes shall not be insured under this Article. (c) The provisions of this Article shall be restricted in application to the public right-of-way and to that portion private property which lies within thirty 0 feet of the propert line in the case of commercially used property. SEGTIeN- }7 -6A- Use- ef- Rinds- Wier- Aeeeti Rts- Be }iRquent- Frehibited. The - instil' anee- ef- regai3F- and�e3F- 3Feplaeement- shal }- xet- be- ix -feree en- any- aeeetint -if- the- eharge- f e3F- stieh- instiranee- has - net -beep. -paid. far- a- peried.- ef- ene- htiRdred -axd -t ae -.ty- {120) -days- SECTION 17 -60 Charges to Private Sewer Owner, Payment. (a) The owner of the Private Sewer shall be responsible to to the City of South Bend the first One Thousand Dollars ectinn (b) Payment shall be due the City of South Bend within 365 days of date of invoice by the Controller of the City of South Failure to pay as required herein shall constitute a lien upon the property in favor of the City of South Bend. SB6TI9Pd-} 7- 6}- 6eaip} ianee- ef- ide�b.- 6aith- Plti�bing -Fades ; - Agg�eva} ef- Rega }�- A�de�s- {a3 -- Any - private - sewer- ewmer -whe- wishes -te- file- a- elaim- 7dnder this- Artiele- sh.allt }3-- Natify- the - Btireati- ef- Sewe -rs ; - -regtiesting- an- inspeetien -ef the - private - sewer -te- determine- that - the - lime- is- b -reken -and require s- repair- and4er- -rep laeement; 3 �3-- 6ign -a -tee }ease- fti�nished. -by- the-$ t3 .�eati- ef- Se6ae�s- atithe�ising might- ef- ent�'y -ante- the- affeeted- g�i�aate- p�ege�ty- few -gti�- geses -ef- making- said.- �egai�s;- and- aebne�a }edging - the- �esgeeti�re �esgensibi }ides -ef- the -Eity- and - the- g�iTaate- ewne� -in -this �atte�; -and -3- 3)-- Exeetite- a- payment- agreement - furnished -by- the- Bureati -of- Sewers ; as- app�e� red.- by -��e- Beamed .- ef- T�das�ewa�e�- Ce�misslene�s . {b) -- All- vae�b- pe�fo�med- ea- sald .- �epai�- aadfe�- �eplaeemea� -ef a- p�iva�e- sebae�- eennee�ien -sb. all- be- ix- aeee�danee- vai�b.- eke -p�s- visiens- ef- eke- Pltixabing- 6ede- ef- �b.e- 6i�y- ef- Set��b.- Bead.; - and -eke P4iseellar�. eet�s- S�anda�ds- as- app�e�aed -by -eke- Beamed.- ef- Ptiblie- We�l�s . Pde- elai�- fey- tke- �epai�- ef- a- p�i�aa�e- se�ae�- ee�.nee�ien- 6aill -be b.eae�ed. -t3.n less - said.- �epa }�- e�de� -kas- been- ati.�b.e�lsed. -by- eke -Ei�y and.- app�e� red. -by- eke -6i�y- Engineer- s� -kis- designated- �ep�esen�a�i�re. SECTION 17 -61 Responsibility of Private Sewer Owner. (a) All private sewer connections under public or private property shall remain the full and sole responsibility of the private owner with regards to maintenance, reaming, cleaning, and all other related maintenance required for their normal operation. (b) All private sewer lines which lie behind the foundation walls (and/or building line) and all ines which may run between foundations and or buildings shall remain the sole responsibility of the private sewer owner. SEETIGN- 17- 62- Bi- Anntial- Fina- aeial- Statement- and - Repent Regtiired;- Memthly- Repai -r- List - Shall -be -Filed- with- 6emmen 6eune }1- { a)-- Tb. e-$ ea�d- ef- T�das�e- 6�la�e�- Cemmissleae�s- shall- stibml�- to -the Gammon - Eettae it - of - the- Mtinie ipal- Eity- of - South.- Bead- a- f lnanelal- state- SECTION 17 -62 Application for Utilization of Funds, Compliance with Codes. (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 authorizin right of entry onto the affected private property for purposes of making said repairs, and acknowledging the respective responsibilities of the City and the private owner in this matter, and -4- 3) Execute a payment Sewers, as approve Commissioners. eement furnished b y the Board of Wastewater the Bureau of (b) All work performed on said repair and /or replacement of a private sewer connection shall be in accordance with the pro- visions of the Plumbing Code of the City of South Bend, and the Miscellaneous Standards as approved by the Board of Public Works. No claim for the repair of a private sewer connection will be honored unless said repair order has been authorized by the City and approved by the City Engineer or his designated representative. SECTION 17 -63 Use of Funds when Accounts Delinquent Prohibited. (a) The insurance of repair and /or replacement shall not be in force on any account if the charge for such insurance is delinquent Tor 170 days. SECTION 17 -64 Bi- Annual Financial Statement and Report Required; Monthlv Repair List shall be Filed with Common Council's Utility Committee (a) The Board of Wastewater Commissioners shall submit to the Common Council of the Municipal Cit of South Benda inancial statement of t e a airs of this fund on a i -annual asis, which statement shall show the receipts for the year as well as all expenditures. (b) These bi- annual reports of the Board of Wastewater Commissioners shall summarize repairs and/or replacement made from this fund including, but not limited to, the number of repairs in various categories, e.g., elimination Of in filtration, cleaning, and repair of broken lines. (c) In addition to the bi- annual report, the Board of Waste - water Commissioners shall file a monthly report with the Council's Uti ity Committee detailing t e o owing: 1) Name of property owner and location of sewer repair designated by the common address of the property). 2) Name of contractor who performed the sewer repair. 3) The amount of sewer repair with an attached detailed claim. SECTION II: This ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor, and the fulfillment of all statutory requirements. 1st READING F-11-16-4 PUBLIC HEARING '4' l –% 2nd READING q– 1 J -" NOT APPROVED REFERRED PASSEq 9- 1.5--to -5- Amber of t e C on Council FILED IN CL ZVS OFFICE f,uc % 1980 Irene Gammon CITY CLERK, SOUTH BEND, IND. Patrick M. McMahon, P.E. Director, Public Works CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 August 6, 1980 (219) 284 -9251 MEMBERS OF THE COMMON COUNCIL Council Chambers County -City Building, 4th Floor South Bend, Indiana 46601 ATTENTION: Councilman Kopczynski Dear Councilmen: Attached for your consideration is an ordinance amending Chapter 17 of the Municipal Code of the City of South Bend to clarify portions of the recently passed ordinance dealing with a Sewer Service Fund. Please let me know if I can provide you with any additional information. Sincerely, i Patrick M. McMahon, P.E. Director PMMcM /smp Attachment fg,ammttirr loort Ulu tot ltlomum Toundl of tot Titg of 001#4 Brut: Your Committee Of the Whole to whom was referred A BILL AMENDING CHAPTER 17, SEWERS AND WATER, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AMENDING OF ARTICLE 7, SEWER SERVICE FUND CHARGES. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. WALTER M SZYMKOWIAK Chairman FREE ►REHS FUBLismimG Co.