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HomeMy WebLinkAbout2157 Permitting Shorter Extensions to Water and Sewer SystemsORDINANCE NO. ~/~ AN ORDINANCE PE~4ITTING IN CERTAIN CASES SHORTER EXTENSIONS TO THE CITY OF PORT TOWNSEND'S SEWER SYSTEM AND WATER SYSTEM; ESTABLISHING A PROCESS FOR PERMITTING THE SAME BY THE PUBLIC WORKS DIRECTOR WITH A RIGHT OF APPEAL TO THE CITY COUN- CIL; AMENDING SECTION 1 OF ORDINANCE 1508, AS AMENDED BY SECTION 1 OF ORDINANCE 1980; AMENDING SECTION 6 OF ORDINANCE 1110, AS AMENDED BY SEC- TION 1 OF ORDINANCE 1601 AND SECTION 2 OF ORDIN- ANCE 2062; AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 1508, as amended by Section 1 of Ordinance No. 1980, together with Section 13.04.010 of the Port Townsend Municipal Code, are each here and hereby amended to read as follows: "13.03.010 Connection to city sewage system required. ".(1) It is hereby found and declared to be necessary for the public welfare, health and safety of the city and its inhabitants 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 one hundred sixty feet or less from a public sewer, and upon which lot or parcel or parcel of property 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 expense within ninety days after the adoption of a resolution of the city council signifying that the sewage system is ready to receive sewage. Where such building or structure has not been completed within ninety days after the adoption of such resolution, such connection shall be made on or before the completion 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 herein provided, 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, 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 - i - penalties shall be assessed against the property upon which said (b~R~) buildinq 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 one hundred sixty feet from the property line of any lot or parcel of real property within the corporate limits of the city, the owner thereof, upon ap- proval of the public works department, may contract with a licensed contractor to extend the sewer system to the street intersection be- yond his property, and to construct a side sewer to such sewer exten- sion, all at his own expense, and in the 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 termin- ate with a manhole. "(4/ In addition to the above, the city shall charge a penalty against all properties failing to connect to the sewage system as above provided in the amount of the sewage charge that would be ap- plicable 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 peculiar 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 determines that it is necessary for future development, and the owner will execute a restrictive covenant in a form and substance a.~C~.~able to the city to carry out such an agreement and to bind the owner, its heirs, suc- cessors and assigns, and to run with the land. "Any request by an owner for a shorter extension shall be in - 2 - writing, setting forth the reasons therefor. The director shall make his findings and decisions in writing within twenty days. Any decision by the director may be appealed by an owner to the city council within twenty days of the director's decision" Section 2. Section 6 of Ordinance No. 1110, as amended by Sec- tion 1 of Ordinance No. 1601 and as further amended by Section 2 of Ordinance No. 2062, to§ether with Section 13.12.060 of the Port Townsend Municipal Code, are each here and hereby amended to read as follows: "13.12.060 Service connections--Installation "Il/ upon the presentation at the office of the superintendent, of the treasurer's receipt for the installation fee(s) and the exe- cution of the contract provided for in this chapter, the superinten- dent shall cause the premises described in the application, if the same abut upon a street in which there is a city water main, to be connected with the city water main by a service pipe extending at right angles from the main to the property line and including a stop cock placed approximately one foot outside the sidewalk area~ which connection shall thereafter be maintained by and kept within the ex- clusive control of the city. In case of application for water serv- ice on premises not abutting upon a street in which there is a city water main, the owner thereof, upon approval of the public works de- partment, may contract with a licensed contractor to extend the water system to the street intersection beyond his property, all at his own expense, and in the manner provided by ordinance. Minimum diameter of the water main shall be six inches, except that if the comprehen- sive water plan indicates a size larger or smaller, that size shall be installed. Valves shall be placed where directed by the public works department. Upon the discretion of the public works depart- ment, the city may, upon payment of all costs by the owner, extend any water main or water line along or through any street, alley or road in the city. Nothing in this chapter shall be deemed in con- flict with the provisions for extension and construction of water mains and lines under Section 13.12.080, the option for such mode and means of construction and payment being retained in the public works department, nor shall such options be deemed to have priority over any local improvement district, general project, or special assess- ment program which may apply to property affected by the terms hereof. Where there is a water main in front of any premises, every house supplied by said main or extension thereof must install its own separate service connection with the city water system, and the premises so supplied shall not be permitted to supply water to any other premises, except upon the express approval of the public works department for temporary service only, or where no service can otherwise be supplied in a practical manner; provided, that existing agreements as to such service shall not be rescinded hereby; pro- vided, further, that where two or more buildings are supplied by one service through a meter, not less than the minimum rate for premises - 3 - supplied by meter provided for in this chapter shall be assessed for each separate bul±dlng or Dremlses so su~p±ied. "(2) Notwithstanding subsection t of this section, the public works director may permit an owner to extend the water 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 water 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 peculiar to the area that justify a shorter extension, and which do not result from actions of the o~.~ner; "d. That allowing a shorter extension will not ~rant a special privilege to the o~¢ner for property that is denied to others; and "e. That the owner agrees to pay the cost of the full ex- tension to the street intersection beyond the owner's property at any time within fifteen years, if the director later determines that it is necessary for future development, and the owner will execute a restriu- tive covenant in a form and substance acceptable to the city to carry out such an a~reement and to bind the owner, its heirs, successors and assigns, and to run with the land. "Any request by an o~ner for a shorter extension shall be in writing, setting forth the reasons therefor. The director shall make his findings and decisions in writing within twenty days. Any decision by the director may be appealed by an owner to the city council within twenty days of the director's decision." Section 3. This ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend, and approved and signed by the Mayor of the City of Port Townsend this ~d ~ day of Q73~3~ 1989. Mayor Brent Shirley Attest: David Grove, City Clerk Appro~ed as to form: ~el~n u. Harper, City Attorney