Chapter 12.10 SIDE SEWER MAINTENANCE

12.10.010 Definitions.

12.10.020 Prohibited uses of sanitary sewer.

12.10.030 Property owner responsible.

12.10.040 Responsibility for costs.

12.10.050 Mitigation of inflow and infiltration.

12.10.060 Loans.

12.10.070 Variance.

12.10.080 Rental property.

12.10.090 Legal action.

12.10.010 Definitions.

As used in this chapter, the following terms are defined in this section:
“Defective side sewer” means a side sewer that has stormwater and ground water inflow and/or infiltration from any source including downspouts, sump pumps or broken pipes, or groundwater.
“Property owner” means the owner or owners of the parcel of land as reflected in the Cowlitz County assessor’s office.
“Routine maintenance” means the operational maintenance of a side sewer, including, but not limited to, the cleaning or rodding to clear grease or other internal objects or substances that have been discharged or allowed to accumulate in the side sewer that may interfere with the operation of the side sewer.
“Side sewer” means the privately owned and maintained sanitary sewer line from the residence or the building to the public street, public sewer right-of-way or public sewer easement.
“View port” means a “T” pipe placed in the sanitary sewer line at the junction between the owner’s property and the public sewer right-of-way to allow observation of the inside of the sewer line from ground level or some means to inspect flow directly from the side sewer. (Ord. 1032 § 4 (part), 1999).

12.10.020 Prohibited uses of sanitary sewer.

No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, drains, catch basins, area drainage or subsurface drainage directly into the city sanitary sewer system. (Ord. 1032 § 4 (part), 1999).

12.10.030 Property owner responsible.

The routine maintenance of the side sewer from the owner’s structure to the public street, public sewer right-of-way, or public sewer easement including the connection to the public sewer, shall be the sole responsibility of the property owner. (Ord. 1032 § 4 (part), 1999).

12.10.040 Responsibility for costs.

A. All costs and expenses incident to the installation, connection, operation and routine maintenance of the entire side sewer shall be borne by the property owner. All costs and expenses incident to the repair and rehabilitative maintenance or replacement of that portion of the side sewer from the building drain to the public street, public sewer right-of-way or public sewer easement shall be borne by the owner of the premises served by the side sewer.
B. All costs and expenses incident to the construction, repair, routine maintenance and rehabilitative maintenance and replacement of the portion of the side sewer from the property line or right-of-way to the sewer main shall be borne by the city. (Ord. 1032 § 4 (part), 1999).

12.10.050 Mitigation of inflow and infiltration.

A. The city has determined that the inflow and infiltration of stormwater and ground water into the city sanitary sewer lines poses a capacity burden, and possible financial consequences to remediate the existing sewer collection and treatment systems. Unless remedial measures are systematically instituted the infiltration of stormwater may compromise the effectiveness of the city’s sanitary sewer disposal and treatment facilities.
B. In addition to all remedies available under this chapter, beginning on December 15, 1999, all owners whose property has an identified defective side sewer shall, after a sixty day notice to correct, be fined an amount of five hundred dollars, if the side sewer defect is not corrected within the sixty days. The fine shall renew every thirty days if the side sewer is not corrected thereafter. A defective side sewer shall be determined by the city by means of either smoke testing, dye testing or other inspection measures. If the owner’s property passes the smoke or dye test, the city shall bear the cost of the test. If the property fails the smoke or dye test, the property owner shall bear the cost of the test.
C. To facilitate on-going inspection of side sewers by city officials, property owners are encouraged to install a view port on the sewer line. To off-set the cost of installing view ports to allow on-going inspection of side sewers by the city, the city shall reimburse the property owner the actual cost of installing view ports by reducing the property owner’s sewer rate by twenty dollars per month for up to six months following the installation of a view port approved by the director of public works or his designee. Bills for parts and material must be provided to the city of Kalama public works department. (Ord. 1032 § 4 (part), 1999).

12.10.060 Loans.

If the property owner qualifies for public assistance or the senior citizen water and sewer discount, the city may make a zero percent loan to him or her to replace or repair the side sewer and install a view port in an amount equal to the actual costs less one hundred twenty dollars. If any loan is made pursuant to this section, the city is authorized to place a lien upon the property and to add a fee of ten dollars/month to the property owner’s sewer statement to repay the loan until the loan is repaid. The costs of the lien shall be added to the loan. (Ord. 1032 § 4 (part), 1999).

12.10.070 Variance.

A. The director of public works may grant a variance to the requirements of this chapter if the repair of a defective side sewer is unduly difficult due to terrain, existing improvements, lack of easements or other extraordinary property condition. Lack of funds shall not form the basis of a variance.
B. Any person aggrieved by the decision of the director of public works may appeal to the city council at its next regular meeting. (Ord. 1032 § 4 (part), 1999).

12.10.080 Rental property.

All fees and fines assessed by this chapter shall be paid by the property owner and shall not be assessed against a tenant of rental property. (Ord. 1032 § 4 (part), 1999).

12.10.090 Legal action.

If any person discharges stormwater, surface water, ground water, roof runoff, drains, catch basins, area drainage or subsurface drainage directly into the city sanitary sewer contrary to the provisions of this title, or any order of the city, the city attorney is authorized to commence an action for legal and/or equitable relief. In addition to any remedies provided by the court, the city may correct the discharge problem and may place a lien upon the property for the cost of repairs performed by the city. The costs of the lien shall be added to the amount owed by the property owner. (Ord. 1032 § 4 (part), 1999).