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HomeMy WebLinkAboutOrd 0342 - Sanitary Sewers and Removal of Obstruction (Repealed by Ord 2314) 4114 S sw 12`f C Tukwila Washin Cover page to Ordinance 342 The full text of the ordinance follows this cover page. AN ORDINANCE relating to Sanitary sewers and the removal of obstruction therefrom; regulating the planting of certain trees and Shrubs in the proximity thereto prescribing the method for lateral sanitary sewer connections, alterations, repairs and ex- tensions; and the opening andpenetration of public sanitary sewers and for collecting the cost thereof, providing penalties and re- pealing all other ordinances or parts thereof in conflict herewith. Ordinance 342 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 578, 936, 1770, 998 §14 2026, 2243 2314 TOWN OF TUKWILA ORDINANCE 342 AN ORDINANCE relating to Sanitary sewers and the removal of obstruction therefrom; regulating the planting of certain trees and shrubs in the proximity thereto prescribing the method for lateral sanitary sewer connections, alterations, repairs and ex- tensions; and the opening and penetration of public sanitary sewers and for collecting the cost thereof; providing penalties and re- pealing all other ordinances or parts thereof in conflict herewith. BE IT ORDAINED BY THE TOWN OF TUKWILA AS FOLLOWS: Section 1. That the owner of each lot or parcel of real property within the area to be served by the sanitary sewage dis- posal system, upon which such lot or parcel of property there shall be situated any building or structure for human occupancy or use for any purpose, shall within thirty (30) days after the publication in a newspaper of general circulation within the Town of a notice' signed by the Mayor and Clerk of the Town of Tukwila, Washington, for connections to be made therewith, cause a connection to be made between the said sewage system and each such build4..ng or structure; provided that where more than one such building.is located on a lot or parcel of land not larger than fifty (50) feet in width and one hundred (100) feet in depth, and all such buildings may be served by one sanitary sewer connection, only one connection for all such buildings need be made. All premises upon which any portion of any building is situated within two hundred fifty (250) feet of a sani- tary sewer line or lateral shall be deemed to be within the area served by said sanitary sewage system. All connections shall be made to said sanitary sewage system in a permanent and sanitary manner subject to the approval of the Town Engineer and shall be sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any other piece or type of equipment having waste fluids, shall be connected with said sani- tary sewage system; provided, that where such building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy thereof. Section 2. If any connection shall not be made within the time herein provided, the Town Engineer or such other employee of the Town as the Mayor or Town Council shall hereinafter designate is hereby authorized and directed to cause the same to be made, and to file a statement of the costs thereof with the Town Clerk and thereupon a warrant shall be issued under the direction of the Town Council against the Water and Sewer Fund for the payment of such cost. Such amount, together with a penalty of ten (10 %)percent -1- thereof, plus interest at the rate of eight (8/) percent per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated and shall become a lien thereon as herein- after provided as in the case of delinquent sanitary sewer service charges. Such total amount when collected shall be paid into said Water and Sewer Fund. In the alternative, if any such connection shall not be made within the time hereinabove provided, the Town Engineer or such other employee of the Town as the Mayor and Town Council may hereinafter designate, shall certify to the Town Clexk that said connection has not been made and the Town Council shall cause an action to be instituted in the Superior Court of the State of Washington for King County against the owner or owners of said property upon which said building or structure requiring said person to forthwith cause said connection to be made. Nothing in this ordinance contained shall be construed to relieve said property owner from paying monthly sanitary sewage service charges as herein established pending the making of said connection. Section 3. It shall be unlawful for any person to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain, or sanitary sewer in a public street, avenue, alley or other public place, unless such person has first obtained a permit to do so from the Town of Tukwila, Town Engineer. Section 4. Installation of sanitary side sewer, permit for, required; It shall be unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of this ordinance in relation thereto and having a permit so to do from the Town Engineer. Section 5. Permit to Install Sanitary Side Sewer, How Obtained: In order to obtain the permit provided for in the last preceding section, the owner shall file an application therefor with the Town Engineer stating the name of the owner or occupant of the premises to be connected, giving lot block and addition, or other legal description, the number of buildings on said premises, and the purposes for which they are, or are to be used, together with plans and specifications shaving the whole course of the drain from the public sanitary sewer to its connection with the building or premises and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the Town Engineer for approval, and he may change or modify the same and designate the manner in which such connecting sanitary sewers shall be connected with the building, the place where such con- nections with the public sanitary sewer shall be made, and specify -2- the material, size and grade of such connecting sanitary sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed. Upon approval of said plans and specifications, the Town Engineer shall issue a permit to the owner to construct that portion of sanitary side sewer within owners property, and shall also issue work order to Street Superintendent to install sanitary side sewer from sani- tary sewer main to property line, and it shall be unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a permit as provided in this ordinance. The Town Engineer shall prepare and keep on file in his office, all cards and records of buildings connected to sanitary sewers, showing the size of the lot, location of the building or buildings and the whole course of the side sanitary sewer from the public sanitary sewer or other outlet to its connection within the building or premises and all branches, traps and fixtures connected therewith. Section 6. Issuance of Temporary Permit: In the discretion of the Town Engineer, a temporary permit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, sanitary side sewer, which said temporary permit shall be revocable upon sixty (60) days' notice posted on the premises directed to the owner or occupant of the premises, and in the event that said private sanitary sewers are not dis- connected at the expiration of such notice, the Town Engineer may disconnect the same and collect the cost of such disconnection from the owner or occupant of the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be granted only on the conditions that such permittee will save the Town harmless from any damage by reason of the issuance or re- vocation of such temporary permit. Section 7. Permit to Owner to Construct, Extend or Repair Sanitary Sewer Inside of Property: It shall be unlawful for any person to construct, extend, relay, repair or make connections to a private or lateral sanitary sewer within the property line without obtaining a permit therefor as herein provided and filing a scale drawing showing the location thereof, as provided in Section 5 of this ordinance. The Town Engineer may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connections to a lateral or private sanitary sewer inside of property line; provided that such owner or occupant shall com- ply with the applicable provisions of this ordinance. -3- Section 8. Additional Work Permit for, Required: When a permit has been issued for a private sanitary sewer or drain, as herein provided, no additional work shall be put in without the approval of the Town Engineer, and a new permit must be taken out covering all such additional work. Section 9. Fee for New Permit: In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be taken out for which an inspection fee of Two ($2.00) Dollars shall be charged. Section 10. Time Limit: No permit issued under the provisions of this ordinance shall be valid for a longer period than that specified in such permit, but the same may be renewed or extended in the reasonable discretion of the Town Engineer upon application therefor prior to the expiration of the time originally limited in the permit. Section 11. Display of Permit: The permit from the Town Engineer required under the terms of this ordinance, must, at all times, during the performance of the work, and until the completion thereof, be posted in some con- spicuous place at or near the work. Section 12. Work without Permit to be Stopped: It shall be the duty of any police officer, in case they shall find any person engaged in the work of breaking the ground for the purpose of making connections with the public sanitary sewer, to ascertain if such person has a permit from theTown Engineer to make such sanitary sewer connections, and in the event that such person has no permit for making such connections, it shall be the duty of such officers to immediately report the fact to the Town Engineer. Section 13. Description of Sanitary Side Sewers: All sanitary side sewers shall be 1 aid on not less than two percent (2%) grade, nor more than two (2) vertical to one (1) foot horizontal; shall not be less than thirty (30) inches from any building, shall have not less than twelve (12) inches of cover inside the property line and shall be not less than six (6) inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains shall be connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer; except -4- where such connection is made inside the property line and the owner or owners of Such property shall make and file in the office of the Town Clerk an easement for such purposes; except also, where connection is to an existing sanitary side sewer within a public street and written permission from the owner or owners of the premises served by such sanitary side sewer has been filed with. the Town Engineer. In the event that physical or other conditions render the enforcement of the above pro- visions impracticable, the Town Engineer may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but suchspecial permit shall be issued only upon the condition that the permittee will save the Town harm- less from any damages by reason cf such installation. Section 14. Materials and Workmanship: New sanitary side sewers shall be constructed of asbestos cement, concrete or clay tile pipe with rubber joints applicable to the particular pipe used. In general, materials and workman- ship required shall be as required by the Town Engineer and /or as required by the standard plans and specifications as may be established, modified or changed by the Town Engineer. Section 15. Call for Inspection, Notice of Defeatt$: Any person performing work under permit pursuant to the provisions of this ordinance shall notify the Town Engineer when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of this ordinance, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defercts in the work or material found in such inspection, and a copy of such notice shall be kept on file in the office of the Town Engineer. Section 16. Inspection Before Trenches are Filled: No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected, shall have been.inspected and approved by or under the directions of the Town Engineer and until the same shall have been made in all respects to conform to the provisions of this ordinance. -5- Section 17. Inspector's Right of Entry: The Town Engineer or the Building Inspector shall have free access to all buildings or premises for the purpose of exam- ining any or all private sanitary sewers or drains and ofascer- taining whether the provisions of this ordinance are being complied with, and for such purpose shall, at all reasonable times have the right to enter and inspect such buildings, and it shall be unlaw- ful for any person to prevent, or attempt to prevent, any entrance or inspection, or to obstruct with any such officer while engaged therein. Section 18. Fees for inspection: The charge for the first inspection shall be $20.00. For each inspection after the first, a charge of Two ($2.00) Dollars shall be made, which shall be paid by the person doing the work. No permit shall be issued to any person who is delinquent in the payment of any such charge. All such fees shall be paid to the Town Treasurer who shall issue receipts, therefor, and such receipt must be filed with the Town Engineer before any permits are issued to the person owing such fees. Section 19. Improper Work, Town may Complete: If any work done in pursuance of a permit granted, as herein above prescribed, is not constructed and completed in accordance with the provisions of this ordinance and the plans and specifica- tions as- approved by the Town Engineer, and if the contractor or person doing the work shall refuse to properly construct and com- plete such work, notice of such failure or refusal shall be given to the owner of the property, for whom said work is being done, as herein provided, and the Town Engineer shall cause said work to be completed and said sewer connected.in the proper manner, and the full cost of such work and any materials necessary therefore shall be charged and become a lien agabst said property, and shall be collected in the manner provided in this ordinance. Section 20. Repair of obstructed or Broken Sewers: Whenever any private sewer connected with any public sani- tary sewer becomes obstructed, broken or out of order, and if the owner, agent or occupant of such premises fails to repair the same after five (5) days, when notified to do so by the Town Engineer, the Town Engineer is hereby authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of such premises, and when two or more houses or buildings are connected with the same private sanitary sewer, tleowners, agents or occupants shall be jointly and equally liable for any work done by the Town Engineer under this section. -6- Section 21. Injury to Public Sanitary Sewer and Drains: It shall be unlawful for any person to injure, break, remove or alter any portion of any manhole, lamp -hole, flush tank, or any part of the public sanitary sewers or drains of the Town of Tukwila. Section 22. Depositing Rubbish in Public Sanitary Sewers and Drains: It shall be unlawful for any person to deposit in any manhole, lamp -hole, flush tank, sanitary sewer opening, drain, ditch or natural water course, any garbage, rubbish, dead animals or any substance which will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch or natural water course. Section 23. Exhaust Steam and Hot Water: No steam exhaust or blow -off, or any heated water shall be discharged into a sanitary sewer until the temperature thereof has been reduced to at least 100° Fahrenheit. Section 24. Preventing Discharge of any Foreign Substance in Public Sanitary Sewer: It shall be unlawful for any person to discharge into any sewer any cooling water from freeze plants, oil and grease, or any substance whatsoever that will tend to retard the flow of the sanitary sewer by adhering to or depositing on the interior sur- face thereof, or any gases or substances which are combustible; or acids or other substances in such quantities as will tend to destroy the sanitary sewers or interfere with the operation of the treatment unit; or substaces of such a noxious character as will tend to be injurious to the health. All such gases, acids and substances shall be intercepted by traps or separators which will completely separate the substances from the water or sani- tary sewage and allow their safe and convenient removal, and all such traps and separators shall be of design, construction and capacity as shall be approved by the Town Engineer. Section 25. It shall be unlawful to discharge surface or subsurface drainage into any portion of the sanitary sewer system. Section 26. Planting of Certain Trees and Shrubbery Prohibited. Removal of obstructions to Sanitary Sewers: It shall be unlawful to plant poplar, cottonwood, soft maple, or gum, or any other tree or any shrub whose roots are likely to obstruct public or private sanitary sewers, within thitty (30) feet of any public or private sewer or drainpipe. The Town Engineer is hereby authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs which extend into any public street; when said trees or -7- the roots thereof, are obstructing, or when he shall determine that they are liable to obstruct, public or private sanitary sewers or drains. Provided, however, that he shall give ten (10) days notice in writing to the owner or occupant of the abutting property to remove the same, and if such owner or occupant fails or refuses so to do, the reasonable cost of removal when done by the Town Engineer shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the Town Engineer is hereby authorized and directed to collect such charge by suit maintained in the name of the Town of Tukwila as plaintiff, against the owner, in any court of competent jurisdiction. Section 27. When any sanitary sewer is constructed, laid, connected, or repaired, and does not comply with the provisions of this ordinance, or where it is determined by the Town Engineer that a sanitary side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Town Engineer shall give notice to the owner, agent or occupant of the property in which such condition exists, of such condition, and if he shall refuse to construct, relay, reconstruct or remove the obstruction of said sanitary side sewer, within the time specified in such notice, the Town Engineer may perform such work as may be necessary to comply with this ordinance, and the cost of such work as done by the Town Engineer shall be assessed against such property or collected from the person res- ponsible for such condition, and the amount thereof shall become a lien upon the said property, and the Town Attorney is hereby auth- orized, empowered and directed to collect such cost, either by the foreclosure of said lien or by a suit against the owner or occupant of such property, or other person responsible for such condition, which suit shall be maintained in the name of the Town of Tukwila as plaintiff, in any court of competent jurisdiction. Section 28. The Town Engineer may make and issue such rules and regulations as may be expedient and necessary to carry out the provision of this ordinance. Section 29. Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the Town under the terms and provisions of this ordinance, the manner and method of collecting said amounts shall be substantially, as follows: The owner or agent of the property shall be given a notice in writing by the Town Engineer of the Town of Tukwila that said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form: -8- TO Owner, and Agent, of that certain property described as Lot in Block Addition to the Town of Tukwila, King County, Washington: You are hereby notified to perform the following work upon the above described property within ten (10) days of the date of the service of this notice upon you, viz. And you are further notified that if you do not perform said work within said period of ten (10) days, then the Town of Tukwila will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law. THE TOWN OF TUKWILA By: Town Engineer A copy of this notice shall be posted upon the property affected and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform said work within the (10) days, after said notice shall have been mailed and posted, then the work shall be done by the proper department of the Town of Tukwila, and as soon as practic- able after said work is performed, the owner or agent shall be notified in the same manner asbereinabove provided, that the work has been done by the Town of Tukwila, and of the amount of the charge for doing said work and shall require either to pay to the Town Treasurer of the Town of Tukwila said amount, within thirty (30) days after the date of the posting -and mailing of said notice to him or to file with the Town Council of the Town of Tukwila objections in writing against said charge. The form of notice just provided for shall be substantially as follows: TO owner, and Agent,of Lot Block Addition to the Town of Tukwila, King County, Washington: You are hereby notified that pursuant to a former notice given you upon the day of 196 that the Town of Tukwila has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said work is the sum of dollars. You are further notified that unless you pay said amount to the Town Treasurer, or file objections against said amount within thirty (30) days of the date of service of this notice upon you, the same shall be a lien against the above described real property and will -9- be collected by the Town of Tukwila according to law. THE TOWN OF TUKWILA By: Town Engineer The Town Council shall at its next regular meeting after the filing of any objections, or as soon thereafter as may be convenient, hear the same. At such hearing, the Council may take any action in the matter as may seem just. After said hearing, or after the expir- ation of the thirty (30) day period hereinbefore provided for when no objection is filed, the amount thereof shall become a lien against the property upon which said work was performed, axxl the Town Attorney is hereby authorized to proceed to collect said amount in any lawful manner. Section 30: Definitions: The Town Engineer, whenever used in this ordinance, shall be held and construed to mean not only such engineer but any of his authorized assistants or inspectors. The word "person" wherever used in this ordinance shall, when necessary be held and construed to mean and include natural persons of either sex, associations, co- partnerships, and corpor- ations, whether acting by themselves or by a servant, agent or employee; the singular number when necessary shall be held and construed to include the plural and the masculine pronoun to in- clude the feminine. Section 31. Constitutionality If any provisions of this ordinance shall be construed by any court to be unconstitutional, such invalidity shall not affect theother provisions of this ordinance. Section 32. This ordinance, and the provisions thereof, shall be deemed an exercise of the police power of the State of Washington and of the Town of Tukwila, for the Public Health and Safety and the protection of the public from fraud, and it s]all be liberally construed to accomplish such purpose. Section 33. Penalty: Any person who shall violate or fail to comply with any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a -10- fine in any sum not exceeding One Hundred (100.00) Dollars, or by imprisonment in the town jail for a term not exceeding thiry (30) days, or by both such fine and imprisonment. Section 34. Repeals: All other ordinances, or parts thereof, in conflict, herewith, are hereby repealed. ATIA SED BY THE COUNCIL ANDAPPROMBY THE MAYOR, this 30 day of November, 1961. MAYOR ATTEST: CLERK -11-