Code of Ordinance
› Chapter 70 — UTILITIES
Article III
SEWER SERVICE
Adopted August 30, 2015
Division 1
GENERALLY
Adopted August 30, 2015
Section 70.241
Definitions.
Adopted August 30, 2015
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: BOD (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in parts per million by weight. Building drain means that part of the lowest horizontal piping or a drainage system which 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 surface of the building wall. Building sewer means the extension from the building drain to the public sewer or other place of disposal. Combined sewer means a sewer receiving both surface runoff and sewage. Industrial wastes means the liquid wastes from industrial processes, as distinct from sanitary sewage. pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Public sewer means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted. Sewage means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. Sewer means a pipe or conduit for carrying sewage. Storm sewer and storm drain mean a sewer which carries stormwater and surface water and drainage but excludes sewage and industrial wastes. Superintendent means the department of public works superintendent. (Comp. Ords. 1987, § 25.001) Cross reference— Definitions generally, § 1-2.
Section 70.242
Management of system.
Adopted August 30, 2015
The construction, alteration, repair and management of the sewer system shall be under the supervision and control of the village council, and the village council may employ such persons in such capacities as it deems advisable to carry on the efficient management and operation of the system. The village council may make such rules, orders and regulations as it deems advisable and necessary to ensure the efficient management and operation of the system. (Comp. Ords. 1987, § 25.057)
Section 70.243
Operating year of system.
Adopted August 30, 2015
The sewer system shall be operated on the basis of an operating year commencing on April 1 and ending on March 31 next following. (Comp. Ords. 1987, § 25.061) Secs. 70-244—70-260. - Reserved.
Division 2
REVENUE BONDS
Adopted August 30, 2015
Section 70.261
Applicability of state law.
Adopted August 30, 2015
The bonds referred to in this division, which are the bonds authorized to be issued by Ordinance No. 48, shall be sold and the proceeds applied in accordance with the provisions of Public Act No. 94 of 1933 (MCL 141.101 et seq., MSA 5.2731 et seq.), as amended. (Comp. Ords. 1987, § 25.065)
Section 70.262
Disposition of proceeds.
Adopted August 30, 2015
- (a) The proceeds of the sale of the bonds authorized to be issued by Ordinance No. 48 shall be deposited in the Mayville State Bank, Mayville, Michigan, a bank insured by the Federal Deposit Insurance Corporation. From the proceeds of sale of the bonds there shall be immediately transferred to the bond and interest redemption fund the accrued interest and premium, if any, received on sale and delivery of the bonds, as well as such amount as will be necessary to pay interest for the period for which interest is capitalized, and to the operation and maintenance fund the amount of such capitalized expenses. The balance of such proceeds shall be applied solely in payment of the cost of the public improvement described in Ordinance No. 48 and any engineering, legal and other expenses incident thereto and to the financing thereof. Payments for construction, either on account or otherwise, shall not be made unless the registered engineer in charge of such work shall file with the village council a signed statement to the effect that the work has been completed in accordance with the plans and specifications therefor, that it was done pursuant to and in accordance with the contract therefor, and that such work is entirely satisfactory.
- (b) Any unexpended balance of the proceeds of sale remaining after completion of such public improvement shall be paid into the bond and interest redemption fund and shall be used for the redemption of callable bonds, or, prior to the first call date only, purchasing bonds on the open market at not more than the fair market value thereof and at a price in any event not exceeding the first call price. (Comp. Ords. 1987, § 25.066)
Section 70.263
Covenants.
Adopted August 30, 2015
The village covenants and agrees with the successive holders of the bonds and coupons that, so long as any of the bonds remain outstanding and unpaid as to either principal or interest:
- (1) Maintenance of system; rates and charges. The village will maintain the system in good repair and working order and will operate the system efficiently and will faithfully and punctually perform all duties with reference to the system required by the constitution and laws of the state, including the making and collecting of sufficient rates for services rendered by the system and the segregation and application of the revenues of the system in the manner provided in this article and Ordinance No. 48.
- (2) Financial records and reports; audits. The village council will cause to be maintained and kept proper books of record and account, separate from all other records and accounts of the village, in which shall be made full and correct entries of all transactions relating to the system. Not later than 60 days after the close of each operating year, the village council will cause to be prepared, on forms furnished by the municipal finance commission, if such forms are available, a statement, in reasonable detail, sworn to by its chief accounting officer, showing the cash income and disbursements of the system during each operating year, the assets and liabilities of the system at the beginning and close of the fiscal year, and such other information as is necessary to enable any taxpayer of the village, any user of the service furnished, or any holder or owner of the bonds, or anyone acting in their interest, to be fully informed as to all matters pertaining to the financial operation of the system during each year. A certified copy of such statement shall be filed within 75 days after the close of each operating year with the municipal finance commission, and a copy sent to the manager of the account purchasing the bonds. Such statement and books of record and account shall at all reasonable times be open to inspection by any taxpayer of the village, user of the service, or holder of any bonds, or anyone acting in their behalf. The village council will also cause an annual audit of such books of record and account for the preceding operating year to be made each year by a recognized independent certified public accountant, and will mail a copy of such audit to the manager of the syndicate or account purchasing the bonds. Such audit shall be completed and so made available not later than three months after the close of each operating year and may, at the option of the village, be furnished to the municipal finance commission in lieu of the report mentioned in this subsection.
- (3) Insurance. The village will maintain and carry, for the benefit of the holders of the bonds, insurance on all physical properties of the system, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of similar systems. All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed, and to the extent not so used shall be used for the purpose of calling bonds.
- (4) Operation of system; transfer of control. The village will not sell, lease or dispose of the system, or any substantial part thereof, until all of the bonds have been paid in full, both as to principal and interest. The village will cause the operation of the system to be carried on as economically as possible, will cause to be made to the system all repairs and replacements necessary to keep the system in good repair and working order, and will not do or suffer to be done any act which would affect the system in such a way as to impair or affect unfavorably the security of the bonds. The village will not grant any franchise that will result in the operation of a competing system. (Comp. Ords. 1987, § 25.067)
Section 70.264
Issuance of additional bonds.
Adopted August 30, 2015
- (a) The right is reserved, in accordance with the provisions of Public Act No. 94 of 1933 (MCL 141.101 et seq., MSA 5.2731 et seq.), as amended, to issue additional bonds payable from the revenues of the system, which shall be of equal standing with the bonds authorized in Ordinance No. 48, but only for the following purposes:
- (1) To complete the public improvement in accordance with the plans and specifications therefor, and such bonds shall not be authorized unless the consulting engineers, or the successor engineers in charge of construction, shall execute a certificate evidencing the fact that additional funds are needed to complete the public improvement in accordance with the plans and specifications therefor. If such certificate shall be so executed and filed with the village clerk, it shall be the duty of the village council to provide for and issue additional revenue bonds in the amount stated in such certificate to be necessary to complete the public improvement in accordance with the plans and specifications.
- (2) For subsequent extensions and improvements to the system; provided that no such additional bonds shall be issued unless the net revenues for the last preceding completed operating year of the system, when supplemented by the net revenues estimated to accrue from an increase in rates imposed at or prior to the time of authorization of the additional bonds and/or when supplemented by the net revenues estimated to accrue from the extensions and improvements to be paid for in whole or in part from the proceeds of sale of additional bonds, shall be equal to at least 135 percent of the largest annual principal and interest requirements thereafter maturing on the bonds authorized by Ordinance No. 48, on any then previously issued bonds of equal standing with the bonds authorized by Ordinance No. 48, and on such additional bonds then being issued. For the purpose of determining net revenues under the requirements of this subsection, if the village shall raise the rates at or prior to the time of authorizing such additional bonds, then the net revenues of the system for the last preceding operating year shall be augmented to an amount reflecting the effect of such increase had the village's sewer billings during such year been at the increased rates. In addition, the net revenues for the last preceding operating year shall be increased by an amount to reflect the increase in net revenues estimated to accrue from the extensions and improvements. Prior to the issuance of any additional bonds pursuant to this subsection, there shall be filed with the village clerk a statement showing the net revenues for the last preceding completed operating year, the net additional or augmented revenues reflecting the application of the increased rates and from the additions and extensions to be acquired and constructed, if any, and the annual principal and interest requirements on all outstanding bonds payable from revenues of the system, and the bonds proposed to be issued. The statement shall be executed by a registered engineer appointed by the village. Permission of the municipal finance commission, or such other state body having jurisdiction over the issuance of municipal bonds, to issue such additional bonds shall constitute a conclusive presumption of the existence of conditions permitting the issuance thereof.
- (b) Except as authorized in this section, no additional bonds having equal standing with the bonds authorized by Ordinance No. 48 shall be authorized or issued. (Comp. Ords. 1987, § 25.068) Secs. 70-265—70-280. - Reserved.
Division 3
RATES AND CHARGES
Adopted August 30, 2015
Section 70.281
Establishment.
Adopted August 30, 2015
The rates and charges for service furnished by the sewer system shall be established by resolution of the village council. (Comp. Ords. 1987, § 25.058)
Section 70.282
Sufficiency of rates; review and revision of rates.
Adopted August 30, 2015
The rates fixed pursuant to this division are estimated to be sufficient to provide for the payment of the expenses of administration and operation and such expenses for maintenance of the system as are necessary to preserve the system in good repair and working order, to provide for the payment of the interest upon and the principal of all the bonds as and when the interest and principal become due and payable and the creation of the reserve therefor required by this article, and to provide for such other expenditures and funds for the system as this article may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts, and it is hereby covenanted and agreed at all times to fix and maintain such rates for services furnished by the system as shall be sufficient to provide for the expenses mentioned in this section. (Comp. Ords. 1987, § 25.060)
Section 70.283
Special rates.
Adopted August 30, 2015
For miscellaneous sewer service for which a special rate shall be established, such rates shall be fixed by the village council. (Comp. Ords. 1987, § 25.058)
Section 70.284
Billing; late charges.
Adopted August 30, 2015
All sewer service customers will be billed quarterly. All bills must be paid within 20 days from the date of the bill, and ten percent will be added to the amount of the bill if not paid within such period. (Comp. Ords. 1987, § 25.058)
Section 70.285
Lien for unpaid charges.
Adopted August 30, 2015
The charges for sewer services which are, under the provisions of Public Act No. 94 of 1933, § 21 (MCL 141.121, MSA 5.2751), made a lien on all premises served thereby, unless notice is given that a tenant is responsible, are hereby recognized to constitute such lien, and whenever any such charge against any piece of property shall be delinquent for six months, the village official in charge of the collection thereof shall certify annually, on March 1 of each year, to the tax assessing officer of the village, the fact of such delinquency. Such charge shall be by him entered upon the next tax roll as a charge against such premises, and shall be collected and the lien therefor enforced in the same manner as general village taxes against such premises are collected and the lien enforced: provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Public Act No. 94 of 1933, § 21 (MCL 141.121, MSA 5.2751), no further service shall be rendered such premises until a cash deposit equal to not less than two quarters' charges shall have been made as security for payment of such charges for service. (Comp. Ords. 1987, § 25.058)
Section 70.286
Free service prohibited.
Adopted August 30, 2015
No free service shall be furnished by the sewer system to any person, firm or corporation, public or private, or to any public agency or instrumentality. (Comp. Ords. 1987, § 25.059)
Section 70.287
Disposition of revenue.
Adopted August 30, 2015
- (a) The revenues of the sewer system shall be set aside as collected and deposited in a separate depositary account in the Mayville State Bank, Mayville, Michigan, a bank duly qualified to do business in the state, in an account to be designated "Sewage Disposal System Receiving Fund" (referred to in this section as the "receiving fund"), and such revenues so deposited are pledged for the purpose of the following funds and shall be transferred from the receiving fund periodically in the manner and at the times specified in this section:
- (1) Operation and maintenance fund. a. Out of the revenues in the receiving fund, there shall be first set aside, commencing with the first quarter of operation of the system, and quarterly thereafter, into a separate depositary account, designated "Operation and Maintenance Fund," a sum sufficient to provide for the payment of the next quarter's expenses of administration and operation of the system and such expenses for the maintenance thereof as may be necessary to preserve the system in good repair and working order, as well as any sums necessary to pay current bills. b. The village council, prior to the commencement of each operating year, shall adopt a budget covering such expenses for each year, and such total expenses shall not exceed the total amount specified in the budget, except by a vote of four-fifths of the members of the village council.
- (2) Bond and interest redemption fund. a. There shall next be established and maintained a separate depositary account, designated as the "Bond and Interest Redemption Fund," the moneys on deposit therein from time to time to be used solely for the purpose of paying the principal of and interest upon the bonds authorized by this article. The moneys in the bond and interest redemption fund (including the bond reserve account established in this subsection) shall be kept on deposit with the bank or trust company where the principal and interest on the bonds are currently payable. b. Out of the revenues remaining in the receiving fund, after provision has been made for expenses of operation and maintenance of the system, there shall next be set aside, quarterly, in the bond and interest redemption fund, a sum proportionately sufficient to provide for the payment of the principal of and interest upon all outstanding bonds payable from the revenues of the system as and when the principal and interest become due and payable. Commencing May 1, 1969, the amount so set aside for interest during each quarter of each operating year shall not be less than one-half of the total amount of interest maturing on the following interest payment date. The amount so set aside for principal during each quarter, commencing May 1, 1969, shall be not less than one-quarter of the amount of principal maturing on November 1 of the following year. If there shall be any deficiency in the amount previously required to be set aside, then the amount of such deficiency shall be added to the current requirements. c. There is hereby established in the bond and interest redemption fund a separate account, to be known as the "Bond Reserve Account," into which account there shall be set aside quarterly, after provision has been made for the operation and maintenance fund and current requirements of the bond and interest redemption fund, the sum of $2,000.00 during the fiscal year commencing April 1, 1969, until the bond reserve account shall total $10,000.00. The money in the bond reserve account shall be used solely for the payment of the principal and interest on the bonds as to which there would otherwise be default. If, at any time, it shall be necessary to use moneys in the bond reserve account for such payment, then the moneys so used shall be replaced from the net revenues first received thereafter which are not required by this section to be used for operation and maintenance or for current principal and interest requirements; provided, however, that such bond reserve account shall not be regarded as moneys otherwise appropriated or pledged for the purpose of determining the sufficiency of funds available for such redemption of callable bonds. d. No further payments need be made into the bond and interest redemption fund after enough of the bonds have been retired so that the amount then held in the fund (including the bond reserve account) is equal to the entire amount of principal and interest which will be payable at the time of maturity of all the bonds then remaining outstanding.
- (3) Replacement fund. There shall next be established and maintained a separate depositary account, designated the "Replacement Fund," which shall be used solely for the purpose of making major repairs and replacements to the system if needed. There shall be set aside into the fund quarterly, after provision has been made for the operation and maintenance fund and the bond and interest redemption fund (including the bond reserve account), the sum of $1,000.00 during each of the fiscal years commencing April 1, 1969, through April 1, 1972, inclusive, until the replacement fund shall total $4,000.00. If at any time it shall be necessary to use moneys in the fund for such purpose, the moneys so used shall be replaced from the net revenues in the receiving fund which are not required by this section to be used for the operation and maintenance fund or the bond and interest redemption fund (including the bond reserve account).
- (4) Improvement fund. There shall next be established and maintained an improvement fund for the purpose of making improvements, extensions and enlargements to the system. There shall be deposited into the fund each quarter, after providing for all of the requirements in subsections (a)(1) through (3) of this section, such sum as the village council shall determine. (5) Surplus moneys. Moneys remaining in the receiving fund at the end of any operating year, after full satisfaction of the requirements of the funds described in subsections (a)(1) through (4) of this section, may be transferred to the bond and interest redemption fund and used for the purpose of calling bonds for redemption, in the manner specified in this section, or transferred to the improvement fund at the option of the village council; provided, however, that if there shall be any deficit in the operation and maintenance fund, the bond and interest redemption fund (including the bond reserve account), or the replacement fund, on account of default in setting aside therein the amounts required by this section, then transfers shall be made from the moneys remaining in the receiving fund at the end of any operating year to such funds, in the priority and order named, to the extent of such deficits. (b) If the moneys in the receiving fund are insufficient to provide for the current requirements of the operation and maintenance fund, or the bond and interest redemption fund, any moneys and/or securities in other funds of the system shall be transferred, first, to the operation and maintenance fund, and, second, to the bond and interest redemption fund, to the extent of any deficit therein. (Comp. Ords. 1987, §§ 25.062, 25.063)
Section 70.288
Investment of funds.
Adopted August 30, 2015
Moneys in any fund or account established by the provisions of this article, including moneys derived from the proceeds of sale of bonds, may be invested in obligations of the United States of America, in the manner and subject to the limitations provided in Public Act No. 94 of 1933 (MCL 141.101 et seq., MSA 5.2731 et seq.), as amended. If such investments are made, the securities representing the investments shall be kept on deposit with the bank or trust company having on deposit the fund from which such purchase was made. Income received from such investments shall be credited to the fund from which such investments were made. (Comp. Ords. 1987, § 25.064) Secs. 70-289—70-310. - Reserved.
Division 4
SEWER USE
Adopted August 30, 2015
Section 70.311
Unlawful deposit of waste; discharge of waste to natural outlet.
Adopted August 30, 2015
No persons shall place or deposit in an unsanitary manner upon public or private property within the village any human or animal excrement, garbage or other objectionable waste. No person shall discharge to any natural outlet within the village any unsanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article. (Comp. Ords. 1987, § 25.002)
Section 70.312
Privies and septic tanks.
Adopted August 30, 2015
Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (Comp. Ords. 1987, § 25.003)
Section 70.313
Connection to public sewer required.
Adopted August 30, 2015
The owner of each house, building and property used for human occupancy, employment, recreation or other purpose, situated within the village and abutting on any street, alley or right-of-way in which there is located a public sanitary or combined sewer, is hereby required at his 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 the date of official notice to do so, provided that the public sewer is within 200 feet of the property line. (Comp. Ords. 1987, § 25.004)
Section 70.314
Building sewers.
Adopted August 30, 2015
- (a) Permit for installation. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the department of public works superintendent. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the department of public works superintendent. A permit and inspection fee for a building sewer permit as set from time to time shall be paid at the time the application is filed.
- (b) Separate building sewer required for each building. A separate and independent building sewer shall be provided for every building; except that, 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, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
- (c) Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the department of public works superintendent, to meet all requirements of this article.
- (d) Installation standards. All building sewer construction and the installation of pipes, fittings and appurtenances shall be done in accordance with village building regulations and such supplementary rules and regulations as the department of public works superintendent may prescribe, which shall be effective upon approval by the council.
- (e) Supervision of connection. The applicant for the building sewer permit shall notify the department of public works superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made by the department of public works or under its immediate supervision. (Comp. Ords. 1987, §§ 25.012—25.016)
Section 70.315
Prohibited discharges.
Adopted August 30, 2015
Except as provided in this article, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
- (1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
- (2) Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
- (3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
- (4) Any garbage that has not been properly shredded.
- (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works.
- (6) Any waters or wastes having a Ph lower than 6.6 or higher than 10.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works.
- (7) Any waters or wastes containing a toxic or 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.
- (8) Any waters 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.
- (9) Any noxious or malodorous gas or substance capable of creating a public nuisance. (Comp. Ords. 1987, § 25.017)
Section 70.316
Grease, oil and sand interceptors.
Adopted August 30, 2015
Grease, oil and sand interceptors shall be provided when, in the opinion of the department of public works superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and 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 department of public works superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. (Comp. Ords. 1987, § 25.018)
Section 70.317
Restricted discharges; preliminary treatment facilities.
Adopted August 30, 2015
- (a) The admission into the public sewers of any waters or wastes having any of the following characteristics shall be subject to the review and approval of the department of public works superintendent:
- (1) Having a five-day biochemical oxygen demand greater than 300 parts per million by weight;
- (2) Containing more than 350 parts per million by weight of suspended solids;
- (3) Containing any quantity of substances having the characteristics described in section 70-315: or
- (4) Having an average daily flow greater than two percent of the average daily sewage flow of the village.
- (b) Where necessary in the opinion of the department of public works superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
- (1) Reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight;
- (2) Reduce objectionable characteristics or constituents to within the maximum limits provided for in
Section 70.318
Measurements, tests and analyses.
Adopted August 30, 2015
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in sections 70-315 and 70-317 shall be determined in accordance with Standard Methods for the Examination of Water and Wastewater, as published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation. (Comp. Ords. 1987, § 25.020)
Section 70.319
Special agreements for acceptance of industrial waste.
Adopted August 30, 2015
Nothing contained in this article shall be construed as preventing any special agreement or arrangement between the village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the village for treatment, subject to payment therefor by the industrial concern. (Comp. Ords. 1987, § 25.021) Secs. 70-320—70-340. - Reserved.
Division 5
PRIVATE SEWAGE DISPOSAL SYSTEMS
Adopted August 30, 2015
Section 70.341
Use required when public sewer is not available.
Adopted August 30, 2015
Where a public sanitary or combined sewer is not available under the provisions of section 70-313, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Comp. Ords. 1987, § 25.005)
Section 70.342
Permit.
Adopted August 30, 2015
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the department of public works superintendent. The application for such permit shall be made on a form furnished by the village, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the department of public works superintendent. A permit and inspection fee as set from time to time shall be paid at the time the application is filed. (Comp. Ords. 1987, § 25.006)
Section 70.343
Inspection.
Adopted August 30, 2015
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the department of public works superintendent. (Comp. Ords. 1987, § 25.007)
Section 70.344
Installation standards.
Adopted August 30, 2015
The type, capacity, location and layout of a private sewage disposal system shall comply with the recommendations of the department of public health of the state, and the system shall be constructed and connected in accordance with the plumbing regulations of the village. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. (Comp. Ords. 1987, § 25.008)
Section 70.345
Discontinuance of use and connection to public sewer.
Adopted August 30, 2015
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 70-313, a direct connection shall be made 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 suitable material. (Comp. Ords. 1987, § 25.009)
Section 70.346
Operation and maintenance.
Adopted August 30, 2015
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the village. (Comp. Ords. 1987, § 25.010)
Section 70.347
Authority to impose additional requirements.
Adopted August 30, 2015
Nothing contained in this division shall be construed to interfere with any additional requirements that may be imposed by the village, or otherwise limit its powers. (Comp. Ords. 1987, § 25.011) Secs. 70-348—70-370. - Reserved.
Division 6
SEWER INSTALLATION
Adopted August 30, 2015
Section 70.371
Fees.
Adopted August 30, 2015
The following fees and charges shall be set from time to time: wastewater disposal system connection charge, construction inspection charge and plan review charge. (Comp. Ords. 1987, § 25.080)
Section 70.372
Liability insurance or cash deposit.
Adopted August 30, 2015
- (a) Proof of liability insurance in a minimum amount as set from time to time shall be posted with the village clerk by the sewer installation contractor or such person applying for a new sanitary sewer installation permit prior to the issuance of the new sanitary sewer installation permit.
- (b) Should cash be posted instead of liability insurance, such amount shall be redeemed within 30 days after final inspection and approval of the sewer hook-up, which will be made by the department of public works superintendent or his designated representative. The amount returned shall be less the verified amount of damage committed to the existing sewer line of the village. Such verification shall be made by the department of public works superintendent. Should damage be committed to any village utility as the result of installation of a new sanitary sewer, the amount of damage committed upon such utility shall also be deducted from such amount and any remaining sum of money shall be returned as specified in this section. (Comp. Ords. 1987, §§ 25.303, 25.304)
Section 70.373
Liability for damage to existing facilities.
Adopted August 30, 2015
If damage over and above the amount of the liability insurance required by section 70-372 is committed upon the village utilities, including but not limited to the existing sewer line, then in that event the contractor and the person whose name appears on the installation permit shall be jointly and severally liable for such damage. (Comp. Ords. 1987, § 25.305)
Section 70.374
Specifications for pipes and joints.
Adopted August 30, 2015
The minimum specifications for pipes and joints which shall be acceptable for new sanitary sewer installation shall be as established by the village. (Comp. Ords. 1987, § 25.306)
Section 70.375
Connection to existing plumbing.
Adopted August 30, 2015
- (a) All new sanitary sewer systems shall be connected to existing septic systems and basement drains.
- (b) All new sanitary sewer systems shall be connected to existing septic systems and all household water. (Comp. Ords. 1987, § 25.307)
Section 70.376
Time limit for completion of installation.
Adopted August 30, 2015
Installation of a new sanitary sewer system shall be completed within 30 days from the date of the issuance of the installation permit. (Comp. Ords. 1987, § 25.308)
Section 70.377
Inspection and approval.
Adopted August 30, 2015
Final inspection and approval of the sewer hook-up shall be made by the department of public works superintendent or his designated representative prior to the covering up of the newly installed sewer pipe. Inspections shall be made on weekdays, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. (Comp. Ords. 1987, § 25.309) Secs. 70-378—70-400. - Reserved.
Division 7
SEWER EXTENSIONS
Adopted August 30, 2015
Section 70.401
Purpose and intent of division.
Adopted August 30, 2015
The purpose of this division is to treat all property owners as fairly and equally as possible with respect to the cost of extension of the village sewer facilities. (Comp. Ords. 1987, § 25.102)
Section 70.402
Responsibility for payment of costs.
Adopted August 30, 2015
- (a) Portion of costs to be paid by village. The village shall assume all costs of any sewer extension within the village limits from the nearest available point of an existing sewer line to the nearest property line.
- (b) Portion of costs to be paid by property owner. All costs involved in extension of a sewer on the owner's property, from property line to property line, the course of such line being at the absolute discretion of the department of public works superintendent, and to the owner's building, shall be that of property owner.
- (c) Items included as costs. The term "cost," as used in this section, includes all expenses that may occur in the project of extending the sewer lines, including survey work, engineering, material, digging, and all labor, whether performed by village personnel or as contracted labor.
- (d) Charge for labor and materials supplied by village. All labor and materials supplied by the village for sewer extension projects shall be charged for at the then-current costs of such labor and materials. (Comp. Ords. 1987, § 25.103)
Section 70.403
Reimbursement of property owner for village's share of costs.
Adopted August 30, 2015
- (a) Initial payment of costs. The entire cost of any sewer extension, including the share payable by the village, must in the first instance be paid by the property owner. The share payable by the village as outlined in this division may be paid by the village at the completion of the project or as outlined in this section, at the option of the village.
- (b) Time limit. The time limit for the village to so reimburse the property owner for the village share of the cost as defined in this division is ten years after the completion of the project, such village share to be paid annually in equal installments. It is understood that the village shall make every effort to pay at or before completion of the project when financially able to do so.
- (c) Effect of transfer of ownership of property. In the event of a transfer of property to a new owner, the village is under no obligation to make such reimbursement to the new owner, but shall continue to make the reimbursements, if any are due, to the original owner. (Comp. Ords. 1987, § 25.104)
Section 70.404
Reimbursement of property owner upon development of property bypassed by original
Adopted August 30, 2015
extension. If any extension of sewer shall require such extension to bypass undeveloped property, the owner of such property, upon development of it, shall be required to pay for his share of the original extension based on a per-foot price from the original point of extension, the amount to be payable to the owner of the property requiring the original extension, plus seven percent per year from the time of the completion of the original extension; provided, however, that no new property owner shall be required to pay anything after ten years from the completion of the original extension, and provided further that no new property owner under this section shall be required to make any reimbursements for the original extension if he purchased his property from the owner of the property which required the original extension. (Comp. Ords. 1987, § 25.105)
Section 70.405
Exceptions.
Adopted August 30, 2015
- (a) Street extensions. This division does not obligate the village to any payments which arise by reason of street extensions.
- (b) New subdivisions. This division is not applicable to new subdivisions, such subdivisions being subject to the Subdivision Ordinance, Ordinance No. 52. (Comp. Ords. 1987, § 25.106)
Section 70.406
Hook-up charges.
Adopted August 30, 2015
There shall be a hook-up charge payable by the property owner in an amount as set from time to time. (Comp. Ords. 1987, § 25.107)