§ 106-81. Building sewer responsibilities and liabilities.

(a)

All costs and expenses incident to the installation, connection, and maintenance of the building sewer shall be borne by the property owner.

(b)

The city or a contractor hired or approved by the city shall construct any needed lateral or stub from the sanitary sewer system main to the property line. The property owner shall pay all costs of such construction.

(c)

The owner or applicant shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(d)

Each property owner shall maintain, clean and repair the private sewer lines on his property at the property owner's expense as necessary to keep the private lines free and clear of obstructions and in good working order, and maintain and keep clear of obstructions the lateral lines servicing the property.

(e)

The city shall maintain, clean, and repair as necessary and at the city's expense the sewer trunk lines. The city shall not be responsible for cleaning or maintenance of lateral lines.

(f)

In the case of a bona fide dispute as to whether needed maintenance, cleaning, or repair of a portion of sewer line is the responsibility of the property owner or the city under the provisions of this article, it shall be the duty of the property owner to establish that the obstruction, disrepair, or defect has occurred in that portion of the line for which the city is responsible. If the property owner fails to establish the city's responsibility, it shall be the property owner's responsibility to perform the necessary maintenance as provided in this article. If the city's responsibility is established, the city shall perform the necessary maintenance and shall reimburse the property owner for reasonable expenses incurred in locating the defect in the line or in otherwise establishing the city's responsibility.

(g)

The property owner shall be responsible under this article for all maintenance and repair of the private sewer lines and for the maintenance and cleaning, although not including major repair, of the entire sewer line out to the trunk line. The city, on the other hand, is responsible for major repair of the trunk line only and has no responsibility of any sort for the private lines. The city also has no responsibility to clean the lateral lines.

(h)

Any property owner who violates the provisions of this article shall be liable to the city for all costs, expenses, and damages incurred by the city in correcting the defect. Further, if any property owner fails to maintain a private sewer line as required by this article, in addition to the other penalties prescribed, the sewer may be declared a public nuisance by the county health department and/or the city and the defect may be corrected by the city. Any costs so incurred by the city shall be assessed against the property and become a lien on the property if not timely paid.

(Ord. No. 2017-5 , § 2, 5-15-17)