HomeMy WebLinkAbout08147ORDINANCE NO. 8147
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XVI
OF THE PUEBLO MUNICIPAL CODE RELATING TO
OWNERSHIP AND MAINTENANCE OF SANITARY
SEWER SERVICE LINES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being omitted; underscoring indicates new matter being added)
SECTION 1.
Chapter 3 of Title XVI of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
CHAPTER 3
Sewer; General Provisions
Sec. 16 -3 -1. Definitions.
As used in this Chapter, the following words and terms shall have the meaning set forth
below:
(a) Building Sewer or Service Line means that part of the horizontal piping of
a drainage system which extends from the end of the building drain and which
receives the discharge of the building drain and conveys it to a public sewer,
private sewer, individual sewage disposal system, or other point of disposal.
(b) Sanitary Sewer means a sewer that carries liquid and water - carried
wastes from residences, commercial buildings, industrial plants, and institutions,
together with minor quantities of storm, surface, and groundwaters that are not
admitted intentionally.
(c) Public Sewer means a common sewer main directly controlled by the City
of Pueblo.
(d) Tap means the physical connection point where a building sewer or
service line connects to a public sewer.
Sec. 16- 3 -[1]2. Connection with system, when required.
All vaults, water closets and privies, together with all drainage from bathtubs, sinks and
basins, situated on premises located on the line of any street, alley or avenue in the
City, through which there is a public or district sewer, shall be connected by the owner
of the property, or his or her agent, with such public or district sewer, when required so
to do by order of the Director of Public Health.
Sec. 16- 3 -[2]3. Extension of system; necessity.
Whenever in the opinion of the City Council declared by resolution an immediate
necessity exists for the preservation of public health by extension of existing sewer lines
as part of the sewerage system owned by the City, the City Council may order the
construction of such extension.
Sec. 16- 3 -[3]4. City property; assessment.
The extension provided for in the preceding Section hereof when completed shall be the
property of the City and the cost of the same when incurred pursuant to the terms of this
Chapter shall be paid by the City from the general fund; and the City shall be
reimbursed, in whole or in part, by the proceeds and returns of special assessments
upon the property, if any, especially benefited; and the returns and proceeds of such
assessments made pursuant to this Chapter shall be paid into the general fund.
Sec. 16- 3 -[4]5. Construction procedure.
When cost of such project is to be in whole or in part charged against property
benefited, the proceedings for the construction of sewer projects authorized herein shall
be in accordance with Title XI I of this Code.
Sec. 16- 3 -[5]6. Costs; apportioned; installments; waiver; cumulative provision.
(a) The cost of sanitary sewers shall be paid for by the lot or lots or owners thereof
abutting upon the alleys or streets where laid, in proportion to the benefited frontage of
such lot or lots on same. Where benefits are derived by property not abutting on the line
of such sewer, the City Council shall cause such cost to be zoned in such manner as to
include all benefited property according to the benefits derived. The cost to be charged
to the City, if any, shall be determined by the City Council according to the extent and
use of such extension as a part of the principal sewer lines of the City sewerage
system, its capacity and availability to serve such purpose and the location thereof in
the streets of the City.
(b) Installments of assessments under this Chapter shall not exceed the term of
three (3) annual installments for the whole amount assessed.
(c) Owners of property to be benefited, or any of them, may in writing waive all
proceedings preliminary to assessment and consent that such assessment be made by
resolution of the City Council.
(d) The provisions of this Chapter shall be cumulative with all other powers of the City
Council, or procedures for the exercise thereof with respect to sewers.
Sec. 16- 3 -[6]7. Sewer and water fee in lieu of assessment charge.
Within ten (10) years after the complete installation of any water or sewer system
financed in whole or in part by special improvement district bonds, an owner of property
which was not included within the District shall, if at the time the ordinance creating the
District was enacted the property was not within the City or if the property was in the
City and within two hundred (200) feet from the boundary of the District, be required to
pay the City a fee prior to connecting onto said system. The fee, to be computed by the
Director of Public Works, shall be equivalent to the amount and based upon the method
of assessment for property within said District plus interest thereon at six percent (6 %)
per annum from the date of complete installation.
Sec. 16 -3 -8. Ownership and Responsibility.
Owners of properties served by sanitary sewers shall own all of the service lines or
building sewers that connect structures on the property to the Public Sewer, including
the tap itself. Property owners shall be responsible for maintaining, repairing, or
replacing service lines and building sewers at their sole expense.
SFOTinN 9
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: February 8, 2010
BY: Judy Weaver
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
CrrY CLERK
PASSED AND APPROVED: February 22, 2010
Background Paper for Proposed
ORDINANCE
DATE: February 8, 2010
DEPARTMENT: WASTEWATER
Gene Michael, Director
TITLE
AGENDA ITEM # R -6
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE XVI OF THE PUEBLO
MUNICIPAL CODE RELATING TO OWNERSHIP AND MAINTENANCE OF SANITARY
SEWER SERVICE LINES
ISSUE
Should the City Council approve an ordinance amending Chapter 3 of Title XVI of the
Pueblo Municipal Code relating to ownership and maintenance of sanitary sewer
service lines?
RECOMMENDATION
Approval of Ordinance
BACKGROUND
The City of Pueblo provides sanitary sewer service by constructing, operating and
maintaining a wastewater treatment facility and a system of sewer mains to collect and
convey sewage. Historically the City has maintained, repaired and replaced sanitary
sewer mains. The service lines or building sewers that connect buildings to the sanitary
sewer mains have been owned by the property owners, who are responsible for
maintenance, repair and replacement of those service lines. However, the matter of the
ownership and maintenance responsibility for sanitary sewer service lines is not clearly
articulated in the Municipal Code. As a result, misunderstandings and disputes
occasionally arise. This revision to the Municipal Code is intended to clarify these
issues.
FINANCIAL IMPACT
None