CHAPTER 14. UTILITIESCHAPTER 14. UTILITIES\Article 2. Sewers

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)   Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

(b)   Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

(c)   B.O.D. (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic meter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in parts per million by weight.

(d)   Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(e)   Individual Domestic means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.

(f)    Industrial means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewater’s manufacturing or processing and said wastewater’s are discharged directly or indirectly to the wastewater facilities of the city.

(g)   Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(h)   Multi-domestic means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church, or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.

(i)    Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(j)    Operation and Maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed.

(k)   Person shall mean any individual, firm, company, association, society, corporation, or group.

(l)    pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(m)  Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle, greater than one-half (1/2) inch (1.27) centimeters) in any dimension.

(n)   Replacement shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

(o)   Residential Contributor shall mean any contributor to the City’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

(p)   Sewage shall mean a combination of the water-carried wastes from residents, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

(q)   Shall is mandatory; May is permissive.

(r)    Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

(s)   Superintendent shall mean the superintendent of utilities of the city or his or her authorized deputy, agent, or representative.

(t)    Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments, and governmental agencies.

(u)   Sewer shall mean a pipe or conduit for carrying sewage.

(v)   Storm Drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

(w)  Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(x)   Combined Sewers shall mean sewers receiving both surface runoff and sewage, are not permitted.

(y)   Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwater’s are not intentionally admitted.

(z)   Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

(aa)  Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.

(bb) Suspended Solids shall mean any solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(cc)  Treatment Works shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions improvement, remodeling additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (Including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

(dd) Useful Life shall mean the estimated period during which a treatment works will be operated.

(ee)  User means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater to the wastewater facilities.

(ff)   User Charge shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

(gg) Wastewater means sewage, the combination of liquids and water carried wastes from residence, commercial, and industrial buildings, institutions, and governmental agencies.

(hh) Normal Wastewater. The strength of normal wastewater shall be considered within the following ranges:

(1)   A five day biochemical oxygen demand of 300 milligrams per liter or less;

(2)   A suspended solid concentration of 350 milligrams or less;

(3)   Hydrogen ion concentration of 5.0 to 9.0.

(ii)   Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(Code 1988; Ord. 1238; Ord. 1252; Ord. 1255; Ord. 1256; Code 2017)

The owner of all houses, buildings, or properties used for human occupancy. Employment, Recreation, or other purpose. situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 140 feet of the property line.

(Code 1988)

No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city. 

(Code 1988)

Any person desiring to make a connection to the city sewer system shall apply in writing to the City clerk who shall forward the application to the utility superintendent. The application shall contain:

(a)   The legal description of the property to be connected;

(b)   The name and address of the owner or owners of the property;

(c)   The kind of property to be connected (residential, commercial. or industrial);

(d)   The point of proposed connection to the city sewer line.

(Code 1988)

There shall be two classes of building sewer permits, for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans. specifications or other information considered pertinent in the judgment of the city. A permit and inspection fee of $700 for a residential or commercial building sewer permit and $700 for an industrial building sewer permit shall he paid to the city treasurer at the time the application is filed. Following a review of the application, the utility superintendent, if he or she finds everything in order, shall issue a sewer connection permit.

(Code 1988)

All costs and expense incident to the installation and connection of the building sewer shall be paid by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Code 1988)

(a)   The connection of the building sewer into the public sewer shall be made at the “Y” branch if such branch is available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the utility superintendent, or appointee, and at a location designated by the superintendent.

(b)   The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City before installation.

(c)   The applicant for the building sewer permit shall notify the Public Works Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Public Works Superintendent or his representative.

(Code 1988; Ord. 1238; Ord. 1252; Code 2017)

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be feasibly constructed to the real building. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Code 1988)

The building sewer shall be constructed of schedule 40 PVC or higher, or an approved plastic pipe. Any plastic pipe to be installed on any building sewer shall not be approved by the city until the owner has furnished descriptive literature and typical sample section of the plastic pipe proposed for installation, to the city for inspection and review. All joints on all pipe installed shall be tight and waterproof. No part of the building sewer shall be located within ten feet of a water service pipe or city main. No building sewer shall be installed within ten feet of existing gas lines. If installed in filled or unstable ground, the building sewer shall be constructed of schedule 40 PVC pipe, laid on a suitable concrete bed or cradle as approved by the city. If the sewer line to be constructed is to be placed under a city street, then said line will be constructed and encased in plastic. Tracer wire or tracer tape will be laid no less than one foot above the sewer line, with one end connected to the clean-out nearest the building, and with the opposite end connected to the sewer main.

(Code 1988; Ord. 1238)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In no event shall the diameter of the pipe be less than four (4) inches. The slope at which a six (6) inch pipe is to be laid shall be not less than 1/8 inch per foot and for four inch pipe, not less than 1/4 inch per foot. Any grades for the pipe, which are proposed for installation at grades less than these specified, shall be approved by the city inspector prior to placement. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. W.P.C.F. Manual of Practice No. 9 shall apply.

(Code 1988; Ord. 1252)

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible changes in direction shall be made only with approved curved pipe and fittings, including clean-out fittings. A clean-out shall be installed no less than three feet from the building and every 100 feet thereafter.

(Code 1988; Ord. 1238)

At buildings in which the building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. The use of any pumping equipment for which cross-connections with a public water supply system are needed, is prohibited. The total costs of pumping equipment and pumping equipment operational costs shall be those of the owner.

(Code 1988)

No building sewer shall be laid across a cesspool, septic tank, or vault until the cesspool, septic tank, or vault has been well cleaned and filled with an approved earth or sand fill, then thoroughly tamped and water settled. Schedule 40 PVC may be used across cesspools or septic tanks, if proper bedding and support for the sewer pipe is acquired.

(Code 1988; Ord. 1238)

All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C12-19, except that no backfill shall be placed until the work has been inspected and approved.

(Code 1988)

All joints in the building sewers shall be made watertight. If recommended by the city inspector, a water pressure test shall be made on the completed sewer to insure a compliance with the requirement, requiring that the building sewer withstand an internal water pressure of 5 psi., without leakage.

Joints for all plastic pipe used in building sewers shall be the slip type joints or solvent weld type, approved by the city. All joints shall he watertight and constructed to insure minimum root penetration and to the satisfaction of the city.

(Code 1988; Ord. 1238)

All excavations for building sewer’s shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, curb and gutters, sidewalks, parkways and other public property removed or damaged during the installation of the building sewer, shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner. It is further agreed that any parties involved in any excavating or installation work for sewer installations as above set out, will hold the City of La Cygne harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation or any negligent act or from any operation made within the city of La Cygne, Kansas.

(Code 1988)

(a)   If any person as defined in section 14-202 shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b)   The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants.

(Code 1988)

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in this article.

(Code 1988)

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the city or county health officer.

(Code 1988)

(a)   It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of La Cygne, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

(b)   It shall be unlawful to permit the contents of any privy vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unproved privy vault, septic tank, or other means or places for the disposal of sewage, excrement, and polluted water may be abated as a public nuisance upon the order of the city or county board of health in accordance with laws of Kansas.

(K.S.A. 12-1617e and K.S.A. 12-1617g; Code 1988; Ord. 1252)

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal damage.

(Code 1988; Ord. 1252)

It shall be unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any sanitary sewage, industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this article.

(Code 1988)

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing, and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city.

(Code 1988)

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the designated city employee or agent, to meet all requirements of this article.

(Code 1988)

All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building sewer.

(Code 1988)

It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge liquid wastes from any air conditioning unit or cooling device having a capacity in excess of one ton per hour or one horsepower into any city sanitary sewer.

(Code 1988)

(a)   No person shall discharge any of the following waters or wastes to any public sewer:

(l)    Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;

(2)   Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(3)   Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;

(4)   Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;

(5)   Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(6)   Noxious or malodorous gas or substance capable of creating a public nuisance.

(b)   No person shall discharge or cause to be discharged storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

(1)   Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged on approval of the City, to a storm sewer, combined sewer, or natural outlet

(c)   No person shall discharge or caused to be discharged any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

(d)   No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Public Works Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as the acceptability of these wastes, the Public Works Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treat-ability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(l)    Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F (65) c.

(2)   Any water or wastes containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F and 65 C. 

(3)   Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Superintendent.

(4)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(5)   Any waters or wastes containing heavy metals, such as, iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city for such materials.

(Code 1988; Ord. 1252)

The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement which the city may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this section.

(Ord. 1180; Code 2017)

Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance, and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance, and replacement. The user charge rate(s) shall be adjusted such that the transferred money will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

(Code 1988)

(a)   Each user shall pay for the services provided by the City based upon the use of the treatment works as determined by water meters acceptable to the City.

(b)   As of August 1, 2020 monthly sewer rates of the City of LaCygne shall be as follows:

(1)   $15.00 base rate

(2)   $20.00 debt service fee

(3)   $3.50 per 1,000 gallons for all use through the meter

(c)   Said monthly base rate per thousand gallons of water shall automatically increase by 2.5% effective January 1 of each year beginning as of January 1, 2021.

(d)   The user charge rates established in this article apply to all users, regardless their location, of the city’s treatment works.

(e)   The city will review the user charge system at least every two years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for proportional distribution of operation and maintenance, including replacement costs among users and user classes.

(f)    The city will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.

(Code 1988; Ord. 1169; Ord. 1174; Ord. 1256; Ord. 1362; Ord. 1437; Ord. 1447; Code 2017; Ord. 1473)

Bills shall be rendered monthly as provided in section 14-118 and shall be collected as a combined utility bill.

(Code 1988)

(a)   In the event any person, except the United States and the State of Kansas, or any political subdivision thereof, shall fail to pay the user charges when due, water service shall be terminated as provided in section 14-120 and 14-121.

(b)   In lieu of terminating water service, the governing body may elect to assess such delinquent charges as a lien upon the real estate serviced and the city clerk shall certify such delinquent charges to the county clerk to be placed on the tax roll and collected in like manner as other taxes are collected.

(Code 1988)

(a)   Where a public sanitary or combined sewer is not available under the provisions of Section 14-202, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(b)   Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the City Clerk. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the enforcing Codes Officer. A permit and inspection fee of one hundred dollars ($100.00) shall be paid to the City at the time the application is filed.

(c)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the enforcing Codes Officer. He shall he allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the enforcing Codes Officer when the work is ready for final inspection. and before any underground portions are covered. The inspection shall be made within three (3) working days of the receipt of notice by the enforcing Codes Officer.

(d)   The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than three (3) acres, unless on-site testing is provided to show that percolation systems will perform adequately on sites of less than three (3) acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(e)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article 2, Section 14-202, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

(f)    The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

(g)   No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

(h)   When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

(Code 1988; Ord. 1252)

(a)   The Public Works Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The Public Works Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b)   While performing the necessary work on private properties referred to in subsection (a) above, the Public Works Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required.

(c)   The Public Works Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall he done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Code 1988; Ord. 1252)

(a)   Any person found to be violating any provision of the article, except Section 14-221, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b)   Any person who shall continue any violation beyond the time limit provided for in subsection (a) above shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding $499 for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.

(c)   Any person violating any of the provisions of this section shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

(Code 1988; Ord. 1252)