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Home My WebLink About2254 Required Distance for Sewer Connection - Increasing Distance from 160 Feet to 200 FeetORDINANCE NO. 2254 AN ORDINANCE REQUIRING THAT PROPERTY WITHIN 200 FEET OF A PUBLIC SEWER, RATHER THAN 160 FEET, BE REQUIRED TO CONNECT TO THE PUBLIC SEI~R; PROVIDING FOR NEW TIME PERIODS WITHIN WHICH CERTAIN CONNECTIONS SHALL BE MADE; AMENDING SECTIONS 13.04.010, 13.08.025, 13.08.035, 13.08.040 AND 13.08.045 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHINGiAN EFFECTIVE DATE i THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES OPDAIN AS FOLLOWS: Section 1. Section 13.04.010 of the Port Townsend Municipal Code is amended to read as folloWs: "13.04.010 Connection to city sewage ~system re- quired. (1) It is hereby found and declared to be necessary for the public welfare, health and safety of the city and its inhabi- tants that the owner of each lot or parcel of real property within the corporate limits of the city not already connected to the city's sanitary sewage system, the property line of which lot or parcel of real property is (eme-~m~e~-si~y) two hundred feet or less from a public sewer, and upon which lot or parcel'of prop- erty there is now situated any building or structure for human occupation or use, shall install suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which results in the existence of sewage, with the city's sanitary sewage system at his own ex- pense within (mime~y) one hundred eighty days after the adoption of a resolution of the city council signifying that the sewage system is ready to receive sewage unless the sewer superintendent of the city determines there is an unreasonable health or public ~afety hazard, in which case the applicable time"'p'eriod shall be ninety days. Where such bUi%'ding or structure has not been com- pleted within (mime~y-~ays-af~e~-~e-a~ep~i~m-~f-s~e~-~es~t~i~m) such time, such connection shall be made on or before the comple- tion of the construction of such building or structure and before any use or occupation thereof. "(2) If any such connection shall not be made within the time here±nprovided, the water and sewer superintendents or such other employee of the city as the council may hereafter designate is hereby authorized and directed to cause such connection to be made and to file a statement of the cost thereof with the city clerk, ORDINANCE ~ - 1 - and thereupon a warrant shall be issued under the direction of the city council by the city treasurer and drawn on the Olympic gravity water fund of the city. Such amount, together with the penalty of ten percent of such cost plus interest at the rate of eight percent per year upon the total amount of such costs and penalties shall be assessed against the property upon which said building or structure is located and shall become a lien thereon as herein provided. Such total amount, when collected, shall be paid into the Olympic gravity water fund. "(3) Where a public sewer line is more than (eme-~m~e~- s~y) two hundred feet from the property line of any lot or par- cel of real property within the corporate limits of the city, the owner thereof, upon approval of the public works department, may contract with a licensed contractor to extend the sewer system to the street intersection beyond his property, and to construct a side sewer to such sewer extension, all at his own expense, and in the same manner provided by ordinance. The owner shall pay the rate hereinafter provided. Minimum diameter of the sewer system extension shall be eight inches, and shall terminate with a manhole. "(4) In addition to the above, the city shall charge a pen- alty against all properties failing to connect to the sewer sys- tem as above provided in the amount of the sewage charge that would be applicable to such property if connected to the system. "(5) Notwithstanding subsection (3) of this section, the public works director may permit an owner to extend the sewer system to a point short of the street intersection beyond the owner's property where, after inspection of the area and review of the city's present and anticipated sewer system, the director finds that: "a. Any longer extension is not reasonably expected to be necessary to the system within the next fifteen years, and is not necessary for the public health, safety or welfare within such period; "b. Any longer extension would impose an unnecessary financial burden on the owner; "c. That special conditions and circumstances exist pe- culiar to the area that justify a shorter extension, and which do not result from actions of the owner; "d. That allowing a shorter extension will not grant a special privilege to the owner for property that is denied to others; and "e. That the owner agrees to pay the cost of the full extension to the street intersection beyond the owner's property at any time within fifteen years, if the director later deter- mines that it is necessary for future development, and the owner will execute a restrictive covenant in a form and substance ac- ceptable to the city to carry out such an agreement and to bind the owner, its heirs, successors and assigns, and to run with the land. "Any request by an owner for a shorter extension shall be in writing, setting forth the reasons therefor. The director shall ORDINANCE - 2 - make his findings and decisions in writing with twenty days. Any decisions by the director may be appealed by an owner to the city council within twenty days of the director's decision." Section 2. Section 13.08.025 of the Port Townsend Municipal Code is amended to read as follows: "13.08.025 Connections required when. The owner of each lot or parcel of real property within the City of Port Townsend, upon which lot or parcel there is situated any building or struc- ture for human occupancy or use for any other purpose, and when- ever there is a public sewer line within (~me-h~nd~ed-sfx~y) two hundred feet of the property line of such lot or parcelt and ~ public' sewer line is capable of serving the property, shall in- stall suitable toilet facilities therein and shall connect such facilities, together with all other facilities therein the use of which which results in the existence of sewage as defined herein, with the public sewer system at his own expense within (ehi~y) one hundred eighty days after acceptance by the city of the pub- lic sewer line capable of serving such lot or parcel unless the superintendent determines there is an unreasonable health or pub- lic safety hazard, in which case the applicable time period shall be ninety-days. Ail property shall be ~eemed capable"of being served by sewer lines of the city if the first floor plumbing of any building or structure located thereon can be served into the city sewer lines by gravity flow, even though the basement drains of such building or structure cannot be served by gravity flow into the city sewer lines." Section 3. Section 13.08.035 of the Port Townsend Municipal Code is amended to read as follows: "13.08.035 %~en public sewer becomes available. Whenever a public sewer becomes available to a lot or parcel served by a private sewage disposal system as provided in Section 13.08.030, a direct connection shall be made to the public sewer in compli- ance with Chapter 13.04 and with this chapter, and any septic tanks, cesspools and similar private sewage dispOsal facilities shall be abandoned and filled with suitable material, provided, however, if a private s~stem has been installed within five years of a public sewer becomzng available and the private system is fully operational, continues to be in compliance wi~h all applica- ble state and local regulations, and does not pose an unreasonable health or public safety hazard,'~hen in such event the connection shall be made within five years of the installation of the private system." Section 4. Section 13.08.040 of the Port To%msend Municipal Code is amended to read as follows: "13.08.040 Failure to connect--connection assessment. In the event the side sewer and connection to the public sewer are ORDINANCE not made within the time herein provided, (fettew~mg-me~lee-as- p~e¥~e~) the superintendent is hereby authorized and directed to cause the same to be made (am~-f~te-a-s~a~emem~-~Re~eef-wi~h-~he- e~y-ete~k-am~-~he~e~pem-wa~am~-s~att-~ss~e-~m~e~-~he-~ee~em- e~-e~e-e~y-eeame~t-~e~-paymem~-e~-s~eR-ees~) pursuant to section 13.04.010 of the Port Townsend Municipal Code. ($~e~-ame~m~v-ee- ge~Re~-wl~h-~e-pemat~yv-sRatt-~e-'assesse~-aga~msa-~Re-p~epe~y- wR~eR-~Re-s~e-sewe~-am~-eemmee~lem-has-me~-~eem-ptaee~-as-~e- q~e~-am~-s~att-~eeeme-a-t~em-~e~eem-as-~e~efm,p~v~e~v)" Section 5. Section 13.08.045 of the Port Townsend Municipal Code is amended to read as follows: "13.08.045 Private system to comply with city and state regulations. The type, capacities, location and layout of a pri- vate sewage system shall comply with all recommendations an reg- ulations of the Department of Public Health of the State of Wash- ington, or other state regulatory agency, and to the regulations of the city. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet' or to ground sur- face. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no ex- pense to the city. Ail private septic tanks shall be thoroughly pumped a minimum of one time durin~ any three-year period." Section 6. This Ordinance shall become effective upon its passage, approval and publication in the form and manner pro- vided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend and signed by the Mayor of the City 0~7~ ~J, 1991. Mayor Brent Shirley ~-~ Attest: App~ved as ~o ~orm: ~ Kei~h rY. Harper, Oity Attorney Passed by the City Council: Signed by the Mayor: Published: Effective date: 1991 , 1991 , 1991 , 1991 ORDINANCE ~2.~ - 4-