[Ord. No. 338 § 1, 9-11-2017]
This Chapter shall be known as and may be cited as the "Lateral
Service Inspection Program."
[Ord. No. 338 § 2, 9-11-2017]
For the purposes of this Chapter, the following terms shall
have the meanings set forth as herein:
An official statement from the proper official of the City
of Hallsville stating there are no known illegal storm or surface
water connections into the lateral of the individual property and
that the lateral is not considered to be a defective lateral under
the terms of this Chapter.
City of Hallsville, Missouri.
A lateral, including its connection to the sanitary sewer,
that is in such condition that it is not water tight and could allow
ground water or surface water to enter the lateral; could allow sanitary
sewage to seep or leak from the pipe; has roots that have compromised
the integrity of the lateral; has rocks, wood or other debris within
the lateral that could impede the flow of sewage; has a p-trap or
other piping configuration that would impede smoke testing of the
lateral; and/or has been damaged in any way that would impede the
flow of sewage.
Water that is below the surface of the ground that largely
consists of surface water that has seeped into the ground through
soil, sand and fractured rock. It also includes natural springs below
the surface of the ground.
The discharge of ground water, surface water or storm water
into the sanitary sewer system from any source, including, but not
limited to, the connection of downspouts, roof drainage, driveway
drainage, surface area drainage, sump pump, or foundation drainage.
The pipe connecting a building or land use to the sanitary
sewers of the City of Hallsville.
A completed building that is ready for occupancy but has
not yet been lived in or occupied.
A written notice issued by the City of Hallsville citing
one (1) or more violations of this Chapter, identifying the owner
of the property, the address of the property, specifying the remedial
action required, and the time frame for completion of the repairs
necessary to achieve compliance with the provisions of this Chapter.
Any individual, syndicate, association, partnership, firm,
corporation, company, institution, agency, authority, property owner,
renter, lessee or other entity recognized by law as the subject of
rights and duties.
A structure and/or lot, parcel or tract upon which it is
located.
The pipes, manholes, pump stations, laterals, and all appurtenances
thereto that are used for the collection of wastewater from property
and the transportation of said wastewater under an operating permit
by the Missouri Department of Natural Resources. This definition includes
all facilities whether publicly owned and maintained or privately
owned and maintained.
Any property that is located within the boundaries of the
City of Hallsville that is connected to the sanitary sewer system
of the City and any property that is located outside the boundaries
of the City of Hallsville that is connected to the sanitary sewer
system of the City.
Water that is on top of the ground and may flow across the
surface of the ground or may seep into the ground.
A mechanical device that is designed or intended to remove
water that has accumulated in a sump basin from around the foundation
of a building.
The joint or other connection of the lateral to the sanitary
sewers of the City of Hallsville.
[Ord. No. 338 § 3, 9-11-2017]
A.
No
person shall discharge or permit the discharge of any ground water,
storm water, surface water, roof runoff, subsurface drainage, foundation
drainage, driveway drainage, cooling water, or unpolluted industrial
process water into the sanitary sewer system.
B.
All
laterals and wyes shall be maintained in such a manner as to prevent
ground water and surface water from entering the sanitary sewer system.
It shall be a violation of this Chapter to have a lateral or wye or
other sewer connection that is disjointed or that has any cracks,
holes or other imperfections that would permit ground water or surface
water to enter the sanitary sewer system.
C.
All
lateral cleanouts and cleanout caps shall be secure and maintained
in a manner as to prevent ground water and surface water from entering
the sanitary sewer system. No person shall remove a lateral cleanout
cap and no person shall modify or maintain a lateral cleanout cap
in a manner that would permit surface water or ground water to enter
into the sanitary sewer system.
D.
No
person shall connect or permit to be connected any gutter, downspout,
sump pump, foundation drain, storm drain, area drain or any other
connection that would permit ground water or surface water to enter
the sanitary sewer system.
E.
It
shall be a violation of this Chapter to have roots within a lateral,
wye, or other sewer connection.
F.
It
shall be a violation of this Chapter to have a defective lateral.
[Ord. No. 338 § 4, 9-11-2017]
In the City of Hallsville, the property owner is responsible
for the maintenance and replacement of the upper sewer lateral only.
The transition from upper to lower lateral is defined by the property
line or a cleanout near the property line.
[Ord. No. 338 § 5, 9-11-2017]
[Ord. No. 338 § 6, 9-11-2017]
A.
Every
owner, lessee, renter, or occupier of any property that is located
within the service area of the City of Hallsville and is connected
to the public sewer system of the City of Hallsville shall submit
to smoke and/or dye testing or other appropriate test or inspection
by the City of Hallsville, its employees, agents, and/or designees.
The owner, lessee or occupier of the land shall permit said testing
upon request. The testing may occur inside and/or outside the structure.
B.
The
City of Hallsville, its employees, agents, and/or designees, in performing
the duties and undertaking the programs identified in this Chapter,
shall be empowered to enter upon any private property at all reasonable
times, with proper notice to the owner, and in accordance with prevailing
law, for the purpose of obtaining information, conducting inspections
and/or enforcing this Chapter and shall have only those powers expressly
set forth in this Chapter and in other ordinances of the City or provided
by law to perform its functions consistent with such ordinances.
[Ord. No. 338 § 7, 9-11-2017]
A.
The
duly appointed Public Works Superintendent of the City of Hallsville
and his/her designees or assigns are hereby authorized to inspect
and test existing laterals, wyes, sump pumps, cleanouts and other
connections to the system to determine and assure compliance with
this Chapter.
B.
Inspections
and testing shall include the sanitary sewer system inside and outside
of the structure to determine and assure compliance with this Chapter.
C.
Approved
methods of inspection and testing shall include but not be limited
to dye testing, smoke testing, inspection by camera, or any other
appropriate test and inspection methods of a lateral, wye and other
connections to the sewer system to determine and assure compliance
with this Chapter.
[Ord. No. 338 § 8, 9-11-2017]
A.
Random
Inspections. Inspection and testing of laterals, wyes, and/or premises
may be conducted by the District on a random basis to assure compliance
with the provisions of this Chapter.
B.
Area
Wide Inspections. Inspection and testing of laterals, wyes and/or
premises may be conducted by the City on an area wide basis to assure
compliance with the provisions of this Chapter. Generally, such inspection
and testing would be conducted in conjunction with the repair or replacement
of sanitary sewers and/or manholes within a subdivision or drainage
area. Area wide inspection may also be done in a coordinated effort
to reduce inflow and infiltration within the sewer to prevent a sanitary
sewer overflow within a targeted area.
C.
Change Of Ownership. Inspection and testing of laterals, wyes, and premises shall be conducted by the homeowner prior to the change of ownership of any property through sale, transfer of title, or foreclosure of the property within the City in accordance with the provisions of Section 715.080 of this Chapter.
D.
Probable
Cause. Inspection and testing of laterals, wyes, and premises may
be conducted by the City in any instance where the City has reason
to believe from testimony and/or observation that a structure or premise
is in violation of the provisions of this Chapter.
E.
Testing
Exemption. Inspection and testing of laterals, wyes, and premises
will not be required when the owner, lessee, or occupant produces
a valid Certification of Sewer Lateral issued by the City of Hallsville
within ten (10) years from the date of its issuance. This exemption
shall not apply in any instance where the City has probable cause
to believe that a structure and/or premise is in violation of the
provisions of this Chapter.
[Ord. No. 338 § 9, 9-11-2017]
A.
Notification
Of Findings. The City of Hallsville shall promptly notify the property
owner(s) and occupant(s) in writing of the results of any inspection
and testing in the form of a Certification of Sewer Lateral or a Notice
of Violation.
B.
Issuance
Of Certification Of Sewer Lateral. Upon satisfactory completion of
testing and inspection of any property by the City of Hallsville or
upon the completion of required remedial action to maintain any property
in compliance with the terms hereof, the property owner(s) shall be
issued a Certification of Sewer Lateral setting forth the identification
of the property owner(s), identification of the property by street
address, the date, nature and results of the testing, and the completion
of any required remedial action.
C.
Issuance Of Notice Of Violation. In the event that a structure or property is found to not be in compliance with the provisions of this Chapter then a written notice of violation shall be sent to the owner(s) and occupant(s) of such structure or property. The notice of violation shall specify the nature of the violation(s) that were found and shall inform the property owner(s) that said violation or violations must be promptly remedied in accordance with the provisions of Section 715.090 of this Chapter.
[Ord. No. 338 § 10, 9-11-2017]
A.
At
the expense of said person, any person who is selling or transferring
ownership of their real estate and any person who has their real estate
going through foreclosure that is located within the service area
of the City of Hallsville and is connected to the sanitary sewer must
subject such real estate property to inspection, including inspection
of interior premises of any building or residence, by an authorized
sewer contractor that is listed with the City of Hallsville at reasonable
hours and upon written notice, to determine compliance with the rules
and regulation of the City of Hallsville.
B.
Such
person shall not be issued a Certification of Sewer Lateral until
such inspection has been performed and has revealed that there are
no illegal ground water or surface water connection or sump pump that
may discharge water into the sewer system, that there are no other
violation of the rules and regulations of the City of Hallsville,
or a follow up inspection that verifies all violations identified
in the initial inspection have been corrected.
C.
An
inspection certificate shall not be required on the sale of a newly
constructed structure to its initial occupant, provided, however,
that it was inspected by the City in the due course of construction
within sixty (60) months prior to the proposed sale.
D.
An
inspection certificate shall not be required on a sale or transfer
of ownership of a structure for which a certificate was previously
issued within the preceding ten (10) years, conditioned upon the submission
of a written representation of the property owner, under oath, that
there has been no alterations(s) giving rise to an unlawful discharge
into the public sanitary sewer system.
E.
The
City shall, from time-to-time, adopt standard forms or applications
as may be necessary and appropriate for the facilitation of the inspections
and certifications required herein.
[Ord. No. 338 § 11, 9-11-2017]
A.
When
any defective lateral, defective wye, illegal ground water connection,
illegal surface water connection or any other violation of this Chapter
has been identified, then written notice of said violation shall be
provided to the owners and occupants of said property.
B.
The
notice of violation shall identify all repairs that must be made to
bring the property into compliance with the provisions of this Chapter.
It shall also stipulate that all the repairs must be completed within
the amount of time specified in said notice. In no instance shall
the amount of time allowed to complete said repairs exceed ninety
(90) days of the date of the written notification. All repairs shall
be subject to inspection and approval by the City.
C.
The
written notice of violation shall be sent to the owners and occupants
of said property by First Class Mail and certified mail. A copy of
all reports, correspondence and findings shall be maintained as part
of the official records of the City.
D.
The
City Administrator may grant an additional period of time, not to
exceed an additional ninety (90) days, to complete the repairs required
to bring the property into compliance with the provisions of this
Chapter.
E.
Any
additional time beyond the time authorized to be granted by the City
Administrator may only be granted by the Board of Aldermen of the
City of Hallsville.
[Ord. No. 338 § 12, 9-11-2017]
The powers conferred by the this Chapter to the City of Hallsville
shall be in addition to and not in substitution for any other powers
conferred to enforce and require the elimination of illegal storm
water and surface water connections to the public sewer systems maintained
by the City of Hallsville.
[Ord. No. 338 § 13, 9-11-2017]
A.
Any
person, firm or corporation who is found to have violated any order
of the City of Hallsville, or who willfully violated or failed to
comply with any hereunder shall pay a civil administrative fine of
up to five hundred dollars ($500.00) following conviction therefor
by a court of competent jurisdiction. In addition, the City of Hallsville
may recover damages, costs, reasonable attorney fees, court costs,
and such other fees and expenses of litigation incurred by the City
in the prosecution of this claim. Each day a violation continues shall
be deemed an additional offense.
B.
Upon
ruling by a Judge of the Associate or Circuit Court of Boone County,
Missouri, that a violation of this Chapter exists and the failure
by the property owner to act to undertake the repairs or replacement
identified in the written notice of violation issued pursuant the
provisions of this Chapter, then the City, its contractors, and subcontractors
shall have the right to disconnect the structure from the water system
until such time that all repairs or replacement identified in the
aforesaid written notice of violation have been completed.
C.
All
costs and expenses associated with the work to disconnect/reconnect
the property from the water system shall be at the sole expense of
the property owner. The property owner shall be billed all said costs
and expenses and shall have sixty (60) days from the date of issuance
of the bill to reimburse the City in full, after which the bill shall
be deemed delinquent and shall be subject thereafter to a late fee
of one percent (1%) per month on the unpaid balance until such time
that the bill is paid in full. The City of Hallsville shall have the
right to file a lien against subject property for the amount of said
expenses, together with costs of filing and perfecting such lien.
D.
All
costs and expenses related to the repairs or replacement identified
in the written notice of violation shall be the sole responsibility
of the property owner. All repairs or replacement undertaken to bring
the property into compliance with the provisions of this Chapter shall
be subject to approval by the City. Any repair or replacement that
fails to be approved by the City shall be considered as a continuation
of the violation of the requirements of this Chapter.
