Loading...
HomeMy WebLinkAbout1456 AN ORDINANCE relating to sewers and the drainage of private premises and the removal of obstructions therefrom; regulating the planting of certain trees and shrubs in proximity thereto; prescribing the method for lateral sewer connections, alterations, repairs and extensions, and the opening and penetra- tion of public sewers, and for collecting the cost thereof; providing penalties; and repealing all other ordinances or parts thereof in conflict herewith. BE IT ORDAINED BY THE CITY' OF BRENERTON AS FOLLOWS: Section 1. Connection with Public Sewer required: The owner or occupant of any lands or premises, shall connect such premises and all ditches, water closets and waste pipes located thereon and used as a receptacle or conductor of filth with the nearest accessible public sewer, when- ever in the case of platted lands there is a public sewer within one block thereof, or, in the case of unplatted lands, within three hundred (300) feet thereof, and An all cases where the City Health Officer shall determine that the public health and safety shall require it, shall construct, or cause to be constructed, a sufficient Sewer of drain pipe in the manner hereinafter set forth. The City Health Officer is hereby authorized and empowered, and it shall be his duty, to prohibit the use of any privy well or vault upon any premises in the City of Bremerton, whenever the use and maintenance thereof is detri- mental or dangerous to life and health, and to order any such privy well or vault to be disinfected and filled with fresh earth; to order a septic tank to be constructed upon any such premises, and to order the plumbing installed in any building or structure located thereon to be connected with and drained into such septic tank. Section 2. City may connect and assess cost: Whenever the public health or public safety requires that any lands, build- ings or premises be connected with the public sewer or otherwise drained in the manner provided in the preceding section, the City Health Officer shall serve upon the owner, agent or occupant of said premises a notice in writing, specify- ing 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. 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 Streets and Sewers 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 attorney of the City of Bremerton is hereby authorized, empowered and directed to collect the amount of such cost, either by the fore- closure of said lien or by a suit against the owner or occupant of said pre- mises, which suit shall be maintained in the name of the City of Bremerton, as plaintiff, in any court of competent Jurisdiction. Section 3. It shall be unlawful For any person to make any opening in any public sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain or sewer in a public street, avenue, alley or other public place unless such person has first obtained a side sewer contractor's license and has filed a bond in accordance with the provisions of the License Code. '~:~i:~:~, , .~!~onin£ ~"~t:~.ic: Sewer, Permit For, Required: ~i ~d.. ,.~ unlawful for any person to make any opening in any public sewer c~~ ~:~ [~:, or connect any private sewer or ~rain therewith, without complying with all the provisions of this ordinance in relation thereto and ~ having a permit so to do from the Building Department. Section 5. Permit to Open Sewer, How Obtained: In order to obtain the permit provided for in the last preceeding section, the licensed side sewer contractor employed to do the work shall file an application therefor with the City 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 showing the whole course of the drain from the public sewer or other outlet 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 City ~iugineer for approval, and he may change or modify the same and designate the manner in which such connecting sewers shall be connected with the building, the place where such connections with the public sewer shall be made, and specify the material, size and grade of such Ordi~ 1456 (cont) connecting 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 City Engineer shall issue a sewer plat showing the size and depth of the public sewer and the nearest opening in the same, the size of the lot and the location of the building or buildings to be connected, and such other information as may be required. ~Upon approval of said plans and specifi- cations as heretofore provided, the Building Department shall issue a permit as provided, in this ordinance, 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 sewer or drain without first obtaining a permit from the Building Department, which will be granted upon receipt of a two (~2.00) dollar fee. The City Engineer shall prepare and keep on file in his office all cards and records of buildings connected to sewers, showing the size of the lot, location of the building or buildings and the whole course of the side sewer or drain from the public sewer or other o~tlet to its connection within the building or premises. Section 6. Issuance of Temporary Permit: At the discretion of the City Engineer, a temporary permit may be issued permittihg connection to a public sewer, sewer outfall, side sewer, or drain, 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 sewers or drains are not disconnected at the expiration of such notice, the Superintendent of Streets and Sewers may disconnect the same and collect the cost of such disconnection from the owner or occupan~ of the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be granted only on the conditions that such permitee will save the City harmless from any damage by reason of the issuance or revocation of such temporary permit. Section 7. Permit to Owner to Construct, Extend or Repair Sewer Inside of Property: It shall be unlawful for any person to construct, extend, relay, repair or make connections to a private or lateral sewer within the property line without obtaining a permit therefore as herein provided and filing a scale drawing show- ing the location thereof, as provided in Section 5 of this ordinance. The fee for such permit shall be as stated in Section 5. The Building Department may issue such permit to the owner of any property to construct, extend, relay, repair or make connections to a lateral or private sewer inside of property line; provided that such owner shall comply with the applicable provisions of this ordinance, except that he need not employ a licensed side sewer contractor to do the work. Section 8. Additional Work, Permit For, Required: When a permit has been issued for a private sewer or drain, as herein pro- vided, no additional work shall be put in without the approval of the Building Inspector, 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 perio~ than that specified in such permit, hut the same may be renewed or extended in the reasonable discretion of the Building Inspector upon applica- tion therefore prior.to the expiration of the time originally limited in the permit. Section ll. Display of Permit: The permit from the Building Department 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 conspicuous place at or near the work. Section 12. Work Without Permit to be Stopped: It shall be the duty of any police officer and of the City Health Officer or Plumbing Inspector, in case they shall find any person engaged in the work of breaking ground for the prupose of making connections with a public or private sewer or drain to ascertain if such person has s permit from the Building Depart- ment to make such sewer connections, and in the event that such person has no permit for making such connection, it shall be the duty of such officers to ordinance No. 1456 (cont) immediately report the fact to the Building Department. Section 1Z. DeScription of Lateral Sewers: All lateral sewers shall be laid on not less than two (2%) per cent grade, shall not be less than thirty ($0) inches from any building, shall have not less than four feet six inches (4' 6") of cover at the curb line, eighteen (18) inches at the property line, and twelve (12) inches inside the property line and shall be not less than six (8) inches in diameter from the main sewer to the property line. Not more than one house shall be connected with a lateral sewer; except 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 county auditor an easement for such purpose; except also, where connection is to an existing side sewer within a public street and written permission from the owner or owners of the premises served by such side sewer has been filed with the City Engineer. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the City Engineer may issue a special permit for the installation of a lateral or private sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damages by reason of such installation. Section 14. Materials and Workmanship: Materials and workmanship required shall be the same as required by the standard plans and specifications of the City of Bremerton unless modified or changed by the Building Department. When necessary to disturb permanent pave- ment the opening shall be not less than two feet by six feet (2' x 6') and the City Engineer may require an increase in the size of said opening or new cuts to be made when the same is necessary to insure proper backfill or repair of pavement. Section 15. Excavations in Streets to be Guarded: All excavations made by any licensed sewer contractor within the limits of any street, alley, avenue or other public place shall be protected and guarded by fencing or covering by said contractor, both by night and by day, by the display of proper signals and lights, and the contractor shall be liable upon his bond for all accidents caused by negligence in this respect. Section 16. Call for Inspection, Notice of Defects: Any person performing work under permit pursuant to the provisions of this ordinance shall notify the Building Department when the work will be ready for inspections, 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 defects in the work or material found in such inspections, and a copy of such notice shall be kept on file in the office of the Building Inspector. Section 17. Inspection Before Trenches are Filled: No trench shall be filled or any connecting sewer covered, until the work from the point where the same connects with the public 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 direction of the Plumbing Inspector, and until the same shall have been made in all respects to conform to the provisions of this ordinance. Section 18. Inspectors' Right of Entry: The Plumbing Inspector or City Health Officer shall have free access to all buildings or premises for the purpose of examining any or all private sewers or drains and of ascertaining whether the provisions of this ordinance are b~tng complied with, and for such purpose shall, at all reasonable times, have the right to enter and inspect such buildings, and it shall be unlawful for any person to prevent, or attempt to prevent, any entrance or inspection, or to obstruct or interfere with any such officer while engaged therein. Section 19. Fees for Inspection: There shall be no charge for the first inspection, but if by reason of non-compliance with the prOvisions of this ordinance, it is necessary for the Building Department to cause a second or subsequent inspection to be made, the person doing the work shall notify the Building Department in writing when the Ordinance No. 1456 (cont) work is ready for such second or subsequent inspection. For each inspection after the first, a charge of One ($1.00) Dollar 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 City Treasurer who shall issue receipts therefor, and such receipt must be filed with the Building Department before any new permits are issued to the person owing such fees. Section 20. Delayed Work: City may Restore Streets: All work within the limits of any street or public place must be prosecuted to completion with due diligence, and if any excavation is left open beyond a reasonable time, the Superintendent of Streets shall cause the same to be refilled and the street restored forthwith, and any cost incurred in such work shall be charged to the sewer contractor in charge of such work, and must be paid before he shall receive any future permit from the Building Department and he shall be liable on his bond for any such s~nns expended. Section 21. Improper Work: City may Complete: If any work done in pursuance of a permit granted, as hereinabove prescribed, is not constructed and completed in accordance with the provisions of this ord- inance and the plans and specifications as approved by the Building Inspector, and if the contractor or person doing the work shall refuse to properly construct and complete 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 Plumbing Inspector 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 therefor shall be charged and become a lien against said property, and shall be collected in the manner provided in this ordinance. Section 22. Repair of Obstructed or Broken Sewers: Whenever any private sewer or drain pipe connected with any public sewer or drain becomes obstructed, broken or out of order, and if the owner or agent of such premises fails to repair the same after five (5) days, when notified to do so by the City Health Officer or by the Superintendent of Streets, the Superintend- ent of Streets 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 sewer, the owner or agent shall be jointly ann equally liable for any work done by the Superintendent of Streets under this section. Section 23. Injury to Public Sewer: 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 sewers or drains of the City of Bremerton. Section 24. Depositing Rubbish in Public Sewers and Drains: It shall be unlawful for any person to deposit in any manhole, lamphole, flush tank, 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 sewer, drain, ditch, or natural water course. Section 25. Exhaust Steam and Hot Water: No steam exhaust or blow-off, or any heated water shall be discharged into a sewer until the temperature thereof has been reduced to at least one hundred (100) degrees Fahrenheit.. Section 26. Preventing Discharge of any Foreign Substance in Sewers: It shall be unlawful for any person to discharge into any sewer any substance whatsoever that will tend to retard the flow of the sewer by adhering to or depositing on the interior surfaces thereof, or any gases or substances which are combustible; or acids or other substances of such a noxious character as will be injurious to the health. All such gases, acids and substances shall be inter- cepted by traps or separators which will completely separate the substances from the water or sewage and allow their safe and convenient removal, and all such traps or separators shall be of design, construction and capacity as shall be approved by the Superintendent of Streets and Sewers. Section 27. Planting of Certain Trees and Shrubbery Prohibited, Removal of ~bstructions to Sewers.~ It shall be unlawful to plant poplar, cottonwood, soft maples, or gum, or any other tree or any shrub whose roots are likely to obstruct public or private sewers, within thirty (30) feet of any public or private sewer or drain pipe. The Superintendent of Streets and Sewers i~ hereby authorized to remove any trees or shrubs from any p~blic street, or the roots of any trees or shrubs which extend into any public street, when said trees or roots thereof, are obstructing, or when he shall determine that they are liable to obstruct, public or private sewers or drains. Provided, however, that he shall give ten (10) days' notice in writing to the owner of the abutting property to remove the same, and if such owner fails or refuses so to do, the reasonable cost of such removal when done by the Superintendent of Streets and Sewers shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the City Attorney is hereby authorized and directed to collect such charge by suit maintained in the name of the City of Bremerton as plaintiff, against the owner, i~ any court of competent Jurisdiction. Section 28. When any side sewer is constructed, laid, connected, or repaired, and does not comply with the provisions of this ordinance, or where it is determined by the City Health Officer or the Superintendmnt of Streets and Sewers that a side sewer, drain, ditch or natural water course is obstructed, broken or inadequate and is a manace to health, or is liable to cause damage to public or private property, the City Health Officer or ~the Superintendent of Streets and Sewers shall give notice to the owner or agent 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 side sewer, drain, ditch, or natural water course within the time specified in such notice, the Superintendent of Streets and Sewers may perform such work as may be necessary to comply with this ordinance, and the cost of such work as done by the Superintendent of Streets and Sewers shall be assessed against such property, or collected from the person responsible for such condition, and the amount thereof shall become a lien upon the said property, and the City Attorney is hereby authorized, 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 City of Bremerton, as plaintiff, in any court of competent Jurisdiction. Section ~9. The Superintendent of Streets and Sewers may make and issue such rules and regulations as may be expedient and necessary to carry out the provisions of this ordinance. Section 30. 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 City 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 Superintendent of Streets and Sewers, or by the City Health Officer of the City of Bremerton, 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: To Owner, and Agent, of that certain property described as Lot , in Block Addition to the City of Bremerton, Kitsap 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 City of Bremerton 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 CITY OF BRE~ERTON By. Superintendent of Streets A copy of this notice shall be posted upon the property affected and a further copy shall be mailed to the agent orowner at his last known address. In case the agent or owner fails to perform said work within ten (10) days after said notice shall have been mailed and posted, then the work shall be done by the proper department of the City of Bremerton, and as soon as practi- cable after said work is performed, the owner or agent shall be notified in the same manner as hereinbefore provided, that the work has been done by the City of Bremerton and of the amount of the charge for doing said work and shall be required either to pay to the City Treasurer of the City of Bremerton said amount, within thirty (30) days after the date of the posting and mailing of said notice to him, or to file with the City commisSion of the City of Bremerton objections in writing against said charge. The form of notice just provided for shall be substantially as follows: Ordinance No. 1456 (cont) To Owner, and Agent, of Lot , in Block . , Addition to the City of Bremerton, Kitsap County, Washington: You are hereby notified that pursuant to a former notice given you upon the day of , 19__, that the City of Bremerton 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 City Treasurer, or file objections against said amount within thirty (30) days of the date of service of this notice upon you, that the same shall be a llen against the above described real property and will be collected by the City of Bremerton according to law. THE CITY OF BRE~RTON By. Superintendent of Streets The City Commissioners shall at their next regular meeting after the filing of any objections, or as soon thereafter as may be convenient, hear the same. At such hearing, the Commission may take any action in the matter as may seem just. After said hearihg, or after the expiration 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, and the City Attorney is hereby authorized to proceed to collect said amount in any law- ful manner. Section 31. Definitions: The Superintendent of Streets and Sewers or the City Health Officer, whenever used in this ordinance, shall be held and construed to mean not only such Superintendent and Commissioner but any of their 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, copartnerships, and corporations, 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 include the feminine. Section 32. Constitutionality: If any provisions of this ordinance shall be construed by any court to be unconstitutional, such invalidity shall not affect the other provisions of this ordinance. Section 33. This ordinance, and the provisions thereof, shall be deemed an exercise of the police power of the State of Washington and of the City of Bremerton, for the public health and safety and the protection of the public from fraud, and it shall be liberally construed to accomplish such purpose. Section 34. Penalty: Any person who shall violate or fall 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 fine in any sum not exceeding One Hundred Dollars, or by imprisonment in the city jail for a term not exceeding thirty days, or by both such fine and imprisonment. Section 35. Repeal of conflicting ordinances: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 36. Effective date. This ordinance shall be in full force and effect thirty (30) days from and after passage and publication. PASSED by the City Commission of the City of Bremerton, signed by the Nayor, and attested by the City Clerk in authentication of such passage, this 18th day of Narch, 1942. Attest ~-~~ '"~~ : ' ~ayo r  undersigned do certify that flte Ib~lt I and lere~oil~ is I hue and ~rr~ ~p~ M M ordiRance passed b~ t~ city ~ml~efl c; IRe clt~ ~ ~oe, Wi~ing~n ~