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HomeMy WebLinkAbout4025 ORDINANCE NO. ~/~ AN ORDINANCE amending Ordinance No. 3908, §1, §2 and §3; and Ordinance No. 1673. THE CITY COUNCIL OF THE CITY OF BREMC..RTON DOES HEREBY ORDAIN: SECTION 1: Ordinance No. 3908, §1 is hereby amended to read as follows: SECTION 1: a. CONNECTION WITH PUBLIC SEWER REQUIRED: Any premises where sewage originates and which is within three hundred feet (300') of a public sewer system or any premises which is determined by the health officer to require connection in order to protect public health and safety shall be connected to the public sewer system, provided that: 1. The public sewer system has the capacity to handle additional sewage; 2. The public sewer lines are designed to accomodate the connection of building sewers; 3. The connection is consistent with the County and Municipal Comprehensive Sewerage Plans; and 4. Such connection is permitted by the Wastewater Facility. Such connection shall be made and use of the on-site sewage disposal system discontinued within two (2) years after public sewer service becomes available or earlier, as directed by the City Engineer, if repairs or replacement of the on-site sewage system necessitating excavation or structural renovation is required to restore its functional adequacy. The distances set forth in this Section shall be calculated along the shortest route in road rights-of-way and then current easements existing at the time connection is directed, from the existing sewer to a properly selected point of connection for the side sewer of the premises to be served. If the distance between a premise and an adequate public sewer is greater than three hundred feet (300'), but the anticipated or denominated sewage flow is greater than 1,000 1 gallons per day, connection shall be made thereto if the City Engineer determines that a connection is feasible and such connection is permitted by the Wastewater Facility. Where connection to public sewer is required, the same shall be made in accordance with rules, regulations and resolutions then in effect. Notwithstanding the requirements set forth in this Section, no person shall be required to connect to the public sewer if the City Engineer determines that such connection is not technically feasible. b. APPEAL: A citizen who wishes to contest the administrative decision of the health officer or the City Engineer, requiring that particular premises connect with the public sewer system, shall have the right to file a written appeal of the decision with the Office of the Hearing Examiner within fourteen (14) calendar days of the date the written notice of the requirement to hook up was given, provided that such written notice shall set forth the citizen's appeal rights. If a timely appeal is filed, a hearing before an examiner shall be scheduled and shall be conducted in accordance with the procedures for conducting hearings on appeals of administrative decisions in the Administrative Procedures Ordinance of the City (Ordinance No. 3961). The determination appealed from shall be regarded as prima facie correct. The examiner may affirm or reverse the decision of the health officer or the City Engineer. The decision of the examiner shall be final unless a petition for reconsideration by the examiner is accepted or appeal of the examiner's decision is taken to the City Council pursuant to the provisions of the Administrative Procedures Ordinance. SECTION 2: Ordinance No. 3908, §2 is hereby amended to read as follows: SECTION 2: CITY MAY CONNECT AND ASSESS COST: Whenever the public health or public safety requires that any lands, buildings or premises be connected with the public sewer or otherwise drained in the manner provided in Section 1, the health officer shall serve upon the owner, agent or occupant of said premises a notice in writing specifying the time within which such connection must be made, which time shall not be more than sixty (60) days from the date of service of such notice. Likewise, in those situations not involving the health officer, when the City Engineer has made the determination that a connection is required, feasible and permitted by the Wastewater Utility, he shall serve upon the owner, agent or occupant of said premises a notice in writing, specifying the time within which such connection must be made, which time shall not be more than one hundred eighty (180) days from the date of service of such notice. Said notices shall set forth the individual's right to appeal to the Hearing examiner within fourteen (14) days of receipt of the notice requiring hookup. If such owner, agent or occupant shall fail, neglect or refuse to connect said lands, buildings or premises with the public sewer within the time specified in such notice, the Superintendent of the Wastewater Facility may make such connection and the cost of the connection as made shall be assessed against the property so connected and the amount thereof shall become a lien upon the premises so connected. The City Attorney is hereby authorized, empowered and directed to collect the amount of such cost, either by the foreclosure of the lien or by a suit against the owner or occupant of said premises, which suit shall be maintained in the name of the City, as plaintiff, in any court of competent jurisdiction. The City Treasurer is hereby authoried and directed to begin billing and collecting for all sewer service charges beginning sixty-one (61) days after written notice is served by the health officer, or one hundred eighty-one (180) days when served by the City Engineer, whether or not the owner, agent or occupant has completed connection to the public sewer. SECTION 3: Ordinance No. 3908, §3 is hereby amended to read as follows: SECTION 3: ABANDONMENT OF ON-SITE SEWAGE SYSTEM: Every cesspool, septic tank, seepage pit or other receptacle for sewage which has been abandoned or has been discontinued otherwise from further use or to which no waste or soil pipe from a plumbing fixture is connected shall have the sewage removed therefrom and be completely filled with earth, sand, gravel, concrete, or other approval material. 1. The top cover or arch over the cesspool, septic tank, seepage pit, or other receptacle for sewage shall be removed before filling and the filling shall not extend above the top of the vertical portions nor the sidewalls or above the level of any outlet pipe until inspection has been called for. After inspection and approval by the health officer, the cesspool, septic tank, seepage pit or other receptacle for sewage shall be filled to the level of the top of the ground. 2. Where disposal facilities are abandoned consequent to connecting any premises with the public sewer, the permittee making the connection shall fill all abandoned facilities as required by the health officer within thirty (30) days from the time of connecting to the public sewer or sooner if such facility constitutes a public nuisance as defined in Section 4. SECTION 4: Ordinance No. 3908 is amended to add the following section: SECTION 4: ABATEMENT OF PUBLIC NUISANCE - Notwithstanding any other provision of this Chapter, and in addition thereto, the maintenance of any condition inimical to the public health and safety or creating or tending to create a risk to the public health and safety, specifically including broken, obstructed, out-of-order or otherwise inoperative sewers, pipes, drains or on-site sewage disposal systems, or accumulations of raw or treated sewage or sludge of any nature or danger or possibility thereof, or contamination of any public or domestic water supply system or well or a danger or possibility thereof, shall constitute a public nuisance and, in the discretion of the Wastewater Superintendent, City Health Officer, City Engineer, Building Inspector, or Director of Public Works shall be subject to immediate abatement by means of removal, reconstruction, repair, pumping, cleaning or alteration as may be deemed expedient by the City at the premises owner's and/or other responsible person's sole expense and liability. No notice is necessary in cases of imminent danger to the public health and safety. Abatement of any nuisance as above defined may be billable as a utility service furnished to the premises wherein the condition arose and exists, and the amount may be charged as a lien upon the particular property upon which the nuisance was abated in accordance with the applicable provisions of this Chapter. This Section shall not limited the premises owner's or other party's rights to seek recover against other responsible persons. SECTION 5: Ordinance No. 1673 is amended to add the following section: SECTION : APPEAL RIGHTS FROM DENIAL OF A PEP~IT OR A SEWER CONTRACTOR'S LICENSE - Any person who has been denied a permit or license required by this ordinance may appeal such decision to the office of the Hearing Examiner within fourteen (14) days of receiving written notice of such denial. The written notice denying the permit or license shall set forth the individual's appeal rights. If a timely appeal is filed, a hearing before an examiner shall be scheduled and conducted in accordance with the procedures for conducting hearings on appeals of administrative decisions in the Administrative Procedures Ordinance of the City (Ordinance No. 3961). The determination appealed from shall be regarded as prima facie correct. The examiner must affirm or reverse the decision of the City. The decision of the examiner shall be final unless a petition for reconsideration by the examiner is accepted or appeal of the examiner's decision is taken to the City Council pursuant to the provisions of the Administrative Procedures Ordinance. APPROVED by the City Council on the first reading this ~ day of ~~-~ , 1986. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this ~-~ day of V~-~ , 1986. ATTEST: ~ May6r KATHLEEN L. McCLUSKEY, Clerk 6