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HomeMy WebLinkAboutAmending Chapter 17 Sewwer and WaterORDINANCE N0.6811 -80 Passed by the Common Council of the City of South Bend, Indiana_ July 28, 19 80 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana July 29 �9 80 Clerk of Common Council /�—' City Clerk IRENE K. GAMMON Approved and signed by me al&4 &,/l t 6 ORDINANCE NO. 6811 -80 AN ORDINANCE AMENDING CHAPTER 17, SEWERS AND WATER, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE AD- DITION OF A NEW ARTICLE 7 ENTITLED 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 avail- able= 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 therefore declares that there is a need to establish a sewer service charge and fund for the improvement of repairing the sewer system within 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 the addition of a new 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) The purpose of the Sewer Service Fund is for the exclusive use of repairing a private sewer connection in order to eliminate the leakage of effluent, infiltration of ground water, and other failures of a sewer connection; and the hiring of one (1) person to inspect and oversee such repairs. (b) 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 not bulk water users. All of said sums of money so collected shall be deposited in a separate fund of the Bureau of Sewers. 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. 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. (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 -62 Bi- Annual Financial Statement and Report Required: Monthly Repair LIst Shall be Filed with Common Council. (a) The Board of Waste Water Commissioners shall submit to the Common Council of the Municipal City of South Bend a financial state - ment of the affairs of this fund on a bi- annual basis, which statement shall show the receipts for the year as well as all expenditures. (b) These bi- annual reports of the Board of Waste Water Com- missioners 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 infiltration, 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 Utility Committee detailing the following: 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. i4d 771Z iZ . Member of the C o Council Passed, as amended, July 28, 1980 TommUtu Irvart coo toe Tamuwn Mounrit of t4r Tity of oout4 jornd: 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 ADDITION OF A NEW ARTICLE 7 ENTITLED SEWER SERVICE FUND AND CHARGES. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended: In Section 17 -56: (b) change to read: "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 not bulk water users.--- - Section 17 -57 (a) remove "a private sewer connection." Section 17 -58 add sections e & f from Section 17 -60 of McMahon's bill. Section 17 -60 change "for the past two billing periods" to for a period of one hundred and twenty (120) days. Section 17 -61 add (a) from 17 -62 of McMahon's bill make paragraph in 17 -61 of WK's bill (b) ' Section 17 -62 add to title "Monthly Repair List be Filed with Common Council." Add new paragraph (c) to read: In addition to the bi- annual report, the Board of Waste Water Commissioners shall file a monthly report with the Council's Utility Committee detailing the following: 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." Walter M. Szymkowiak, Chairman FRE[ PRESS AE310 PUBLISHING CO.