TITLE V:
PUBLIC WORKS
Chapter
50. PUBLIC IMPROVEMENTS
51. SEWERS
52. WATER
53.
GARBAGE
CHAPTER 50: PUBLIC IMPROVEMENTS
Section
Special Assessment Projects; Procedure
50.01
Definitions
50.02
Authority to assess
50.03
Initiation of special assessment projects
50.04
Requirements of petition
50.05
Report on proposed special assessment project
50.06
Resolution assessing possible project, hearing
50.07
Notification of scope of improvements; approval of profiles and plans
50.08
Deviation from plans and specifications
50.09
Limitations on preliminary expenses
50.10
Special assessment roll
50.11
Filing and reviewing of special assessment roll; hearing; objections
50.12
Changes and corrections in assessment roll; confirmation
50.13
Objection to assessment
50.14
Special assessment due upon confirmation of special assessment roll
50.15
Payment in annual installments; due dates; interest on deferred
installments
50.16
Delinquent special assessments
50.17
Creation of lien
50.18
Additional assessments; refunds
50.19
Council may provide for additional procedures
50.20
Collection of special assessments for payment of bonds
50.21
Special assessment accounts
50.22
Limitations of action
50.23
Reassessment for benefits
50.24
Combination of projects
50.25
Division of parcels
50.26
Deferred payments of special assessments
50.27
Reconsideration of petitions
50.28
Abatement of conditions of hazards and nuisances
50.29
Existing proceedings; effective date
Cross-reference
Special assessments see City Charter
Ch. 11
SPECIAL ASSESSMENT PROJECTS; PROCEDURES
§50.01
DEFINITIONS
For the purpose of this subchapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
COST:
When referring to the cost of any local public improvement such cost
shall include the cost of services, plans, condemnation, spreading of rolls,
notices, advertising, financing, construction, legal fees, interest on
special assessment bonds for not to exceed one year and all other costs
incident to the making of such improvement, the special assessments
therefore and the financing thereof.
LOCAL PUBLIC IMPROVEMENT:
Any public improvement which is of such a nature as to benefit
especially any real property or properties within a district in the vicinity
of such improvement.
(Ord.
126, passed 6-2-75)
§50.02
AUTHORITY TO ASSESS.
The whole cost or any part thereof of
any local public improvement may be defrayed by special assessment upon the
lands specially benefited by the improvement in the manner as provided in
this subchapter.
(Ord.
126, passed 6-2-75)
§50.03
INITIATION OF SPECIAL ASSESSMENT PROJECTS.
Proceedings for the making of local
public improvements within the City, the tentative necessity thereof, and
the determination that the whole or any part of the expense thereof shall be
defrayed by special assessment upon the property especially benefited,
provided that all special assessments levied shall be in proportion to the
benefits derived from the improvements, may be commenced by resolution of
the City Count, with or without a petition.
(Ord.
126, passed 6-2-75)
§50.04
REQUIREMENTS OF PETITION.
Local public improvements may be
initiated by petition signed by property owners whose aggregate property in
the proposed district was assessed for not less than 51% of the total
assessed value of the privately-owned real property located therein, all
shown by the last preceding general tax records of the City.
The petition shall contain a brief description of the property owned
by the respective signatories and, if the petition is signed by at least 51%
as aforesaid, the City Clerk shall certify same to the City Council.
The petition shall be addressed to the Council and filed with the
Clerk and shall in no event be considered directory but is advisory only.
(Ord.
126, passed 6-2-75)
§50.05
REPORT ON PROPOSED SPECIAL ASSESSMENT PROJECT.
Before the City Council shall consider
the making of any local improvement, the Council shall cause to be prepared
a report which shall include necessary plans, profiles, specifications and
detailed estimates of cost, an estimate of the life of the improvement, a
description of the assessment district or districts, and other pertinent
information as will permit the Council to decide the cost, extent and
necessity of the improvement proposed and what part or proportion thereof
should be paid by special assessments upon the property especially benefited
and what part, if any, should be paid by the City at large.
The Council shall not determine to proceed with the making of any
local public improvement until the report has been filed, or until after a
public hearing has been held by the Council for the purpose of hearing
objections to the making of the improvement.
(Ord.
126, passed 6-2-75)
§50.06
RESOLUTION ASSESSING POSSIBLE PROJECT, HEARING.
After receiving and reviewing the
report required in §50.05 for making any local public improvement as
required in the resolution of the City Council, a resolution may be passed
tentatively determining the necessity of the improvement, setting forth the
nature thereof, prescribing what part or proportion of the cost of an
improvement shall be paid by special assessment upon the property especially
benefited, determination of benefits received by affected properties, and
what part, if any, shall be paid by the
City at large; designating the limits of the special assessment
district to be affected, designating whether to be assessed according to
frontage or other benefits, placing the complete information on file in the
office of the City Clerk, where the same may be found for examination, and
directing the City Clerk to give notice of public hearing on the proposed
improvement, at which time and place opportunity will be given interested
persons to be heard. The notice
shall be given by on publication in a newspaper published or circulated
within the City and by first class mail addressed to each owner of property
to be assessed as shown by the last general tax assessment roll of the City.
The publication of notice shall be made at least seven full days
prior to the hearing and the mailing of notice shall be made at least ten
full days prior to the date of the hearing.
The hearing required by this section may be held at any regular or
special meeting of the Council.
(Ord.
126, passed 6-2-75)
§50.07
NOTIFICATION OF SCOPE OF IMPROVEMENTS; APPROVAL OF PROFILES AND
PLANS.
At the public hearing on the proposed improvement, all persons interested shall be given an opportunity to be heard, after which the City Council may modify the scope of the local public improvement in such a manner as they shall deem to be in the best interest of the City as a whole; provided that if the amount of work is increased or additions are made to the district, then another hearing shall be held pursuant to notice prescribed in §50.06. If the determination of the Council shall be to proceed with the improvement, a resolution shall be passed approving the necessary profiles, plans, specifications, assessment district and detailed estimates of cost, and directing the Assessor to prepare a special assessment roll in accordance with the Council's determination and report the same to the Council for confirmation.
(Ord.
126, passed 6-2-75)
§50.08
DEVIATION FROM PLANS AND SPECIFICATIONS.
No deviation from original plans or
specifications as adopted shall be permitted by any officer or employee of
the City without authority of the City Council by resolution.
A copy of the resolution authorizing such changes or deviation shall
be certified by the City Clerk and attached to the original plans and
specifications on file in his office.
(Ord.
126, passed 6-2-75)
§50.09 LIMITATIONS ON PRELIMINARY EXPENSES.
The City Council shall specify the
provisions and procedures for financing a local public improvement.
No contract or expenditure, except for the cost of preparing
necessary profiles, plans, specifications and estimates of cost, shall be
made for the improvement, nor shall any improvement be commenced until the
special assessment roll to defray the costs of the same shall have been made
and confirmed.
(Ord.
126, passed 6-2-75)
§50.10 SPECIAL ASSESSMENT ROLL.
(A) The Assessor shall make a special
assessment roll of all lots and parcels of land within the designated
district benefited by the proposed improvement and assess to each lot or
parcel of land the proportionate amount benefited thereby.
The amount spread in each case shall be based upon the detailed
estimate of cost as approved by the City Council.
(B) When the Assessor shall have
completed the assessment roll he shall file the same with the City Clerk for
presentation to the Council for review and certification by it.
(Ord.
126, passed 6-2-75)
§50.11 FILING AND REVIEWING OF SPECIAL ASSESSMENT ROLL; HEARING; OBJECTIONS.
Upon receipt of the special assessment
roll, the City Council, by resolution, shall accept the assessment roll and
direct the City Clerk to give notice of a public hearing for the purpose of
affording an opportunity for interested persons to be heard, the notice
shall be given by publication once, at least seven full days prior to the
date of the hearing, in a newspaper published or circulated within the City
and by first class mail addressed to each owner of property to be assessed
as shown by the last general tax assessment roll of the City mailed at least
ten days prior to the date of the hearing.
The hearing required by this section may be held at any regular of
special meeting of the Council.
At this meeting, all interested persons or parties shall present in writing
their objections, if any, to the assessments against them.
The Assessor shall be present at every meeting of the Council at
which a special assessment is to be reviewed.
(Ord.
126, passed 6-2-75)
§50.12 CHANGES AND CORRECTIONS IN ASSESSMENT ROLL; CONFIRMATION.
The City Council shall meet at the time
and place designated for the review of the special assessment roll, and at
such meeting, shall consider all objections thereto submitted in writing.
The Council may correct the roll as to any special assessment or
description of any lot or parcel of land or other errors appearing therein;
or it may, by resolution, annul the assessment roll and direct that new
proceedings be instituted. The
same proceedings shall be followed in making a new roll as in the making of
the original roll. If, after
hearing all objections and making a record of such changes as the Council
deems justified, the Council determines that it is satisfied with the
special assessment roll and that assessments are in proportion to benefits
received, it shall thereupon pass a resolution reciting the determinations,
confirming the roll, placing it on file in the office of the City Clerk and
directing the City Clerk to attach their warrant to a certified copy thereof
within ten days, therein commanding the Assessor to spread and the Treasurer to collect the various sums and amounts appearing
thereon as directed by the Council.
The roll shall have the date of confirmation endorsed thereon and
shall from that date be final and conclusive for the purpose of the
improvement to which it applies unless contested in the manner provided
being M.C.L.A. §68.34 and subject to adjustment to conform to the actual
cost of the improvements, as provided in §50.18.
(Ord.
126, passed 6-2-75)
§50.13 OBJECTION TO ASSESSMENT.
If at, or prior to, the final
confirmation of any special assessments, the owners of privately-owned real
property to be assessed for more than 50% of the cost of an improvement, or
in the case of paving or similar improvements the owners of more than 50% of
the frontage to be assessed for any improvement, shall object in writing to
the proposed improvement, the improvement shall not be made by proceedings
delineated by this subchapter without a five-sevenths vote of the members of
the Council, provided that this section shall not apply to sidewalk
construction.
(Ord.
126, passed 6-2-75)
§50.14 SPECIAL ASSESSMENT DUE UPON CONFIRMATION OF SPECIAL ASSESSMENT ROLL.
All special assessments, except
installments thereof as the City Council shall make payable a future time as
provided in this subchapter, shall be due and payable upon confirmation of
the special assessment roll.
(Ord.
126, passed 6-2-75)
§50.15 PAYMENT IN ANNUAL INSTALLMENTS; DUE DATES; INTEREST ON DEFERRED
INSTALLMENTS.
(A)
The Council may provide for the payment of special assessments in
annual installments. The annual
installments shall not exceed 30 in number, the first installment being due
upon confirmation of the roll or on the date as the Council may determine
and deferred installments being due annually thereafter, or in the
discretion of
the
Council, may be spread upon and made a part of each annual City tax roll
thereafter until all are paid.
Interest shall be charged on all deferred installments at a rate not to
exceed 7% per annum, commencing on the due date of the first installment, or
60 days after the date of confirmation if the first installment is not due
upon confirmation, and payable on the due date of each subsequent
installment. The full amount of all or any deferred installments, with
interest accrued thereon to the date of payment, may be paid in advance of
the due dates thereof.
(B) If the full assessment or the first installment thereof shall be due upon confirmation, each property owner shall have 60 days from the date of confirmation to pay the full amount of the assessment, or the full amount of any installments thereof, without interest or penalty. Following the 60-day period, the assessment or first installment thereof shall, if unpaid, be considered as delinquent and the same penalties shall be collected on unpaid assessments or first installments thereof as are provided by law to be collected on delinquent general City taxes.
(C) Deferred installments shall be collected without penalty until 60 days after the due date thereof, after which time the installments shall be considered as delinquent and the penalties on the installments shall be collected as are provided by law to be collected on delinquent general City taxes.
(D)
After the Council has confirmed the roll, the City Treasurer shall
notify by mail each property owner on the roll that the roll has been filed,
stating the amount assessed and the terms of payment.
Failure on the part of the City Treasurer to give the notice or of
the owner to receive the notice shall not invalidate any special assessment
roll of the City or any assessment thereon,
nor excuse the payment of interest or penalties.
(Ord.
126, passed 6-2-75)
§50.16 DELINQUENT SPECIAL ASSESSMENTS.
Any assessment, or part thereof,
remaining unpaid on the first Monday of March following the date when the
same became delinquent shall be reported as unpaid by the City Treasurer to
the City Council. Any
delinquent assessment together with all accrued interest shall be
transferred and reassessed on the next annual City tax roll in a column
headed "Special Assessments" with a penalty of 4% upon such total amount
added thereof, and when so transferred and reassessed upon the tax roll
shall be collected in all respects as provided for the collection of City
taxes.
(Ord.
126, passed 6-2-75)
§50.17 CREATION OF LIEN.
Special assessment and all interest, penalties and charges thereon from the date of confirmation of the roll shall become a debt to the City from the persons to whom they are assessed, and, until paid, shall be and remain a lien upon the property assessed, of the same character and effect as the lien created by general law for state, county, and City taxes and the lands upon which the same are a lien shall be subject to sale therefore the same as are lands upon which delinquent City taxes constitute a lien.
(Ord.
126, passed 6-2-75)
§50.18 ADDITIONAL ASSESSMENTS; REFUNDS.
The City Clerk shall, within 60 days
after the completion of each local or special public improvement, compile
the actual cost thereof and certify the same to the Assessor who shall
adjust the special assessment roll to correspond therewith.
Should the assessment prove larger than necessary by less than 5% or
more, the entire excess shall be credited to owners of property as shown by
the City assessment roll upon which such assessment has been levied, pro
rata according to the assessment.
No refunds of special assessments may be made which impair, or
contravene the provision of any outstanding obligation or bond secured in
whole or part by such special assessments.
In the case of assessments due in installments the City Council may
order the refund given by credit against the installments last coming due.
When any special assessment roll shall prove insufficient to meet the
cost of the improvement for which it was made, the Council may make an
additional pro rata assessment, but the total amount assessed against any
one parcel of land shall not exceed
the
benefits received by the lot or parcel of land.
(Ord.
126, passed 6-2-75)
§50.19 COUNCIL MAY PROVIDE FOR ADDITIONAL PROCEDURES.
In any case where the provisions of
this subchapter may prove to be insufficient to carry out fully the making
of any special assessment, the City Council shall provide by ordinance any
additional steps or procedures required.
(Ord.
126, passed 6-2-75)
§50.20 COLLECTION OF SPECIAL ASSESSMENTS FOR PAYMENT OF BONDS.
In the event bonds are issued in
anticipation of the collection of special assessment as hereinbefore
provided, all collections on each special assessment roll or combination of
rolls shall be set in a separate fund for the payment of the principal and
interest on the bonds so issued in anticipation of the payment of such
special assessments, and shall be used for no other purpose.
(Ord.
126, passed 6-2-75)
§50.21 SPECIAL ASSESSMENT ACCOUNTS.
Moneys raised by special assessment to
pay the cost of any local improvements shall be held in a special fund to
pay such cost or to repay any money borrowed therefore.
Each special assessment account must be used only for the improvement
project for which the assessment was levied, expenses incidental thereof,
including the repayment of the principal and interest on money borrowed
therefore, and to refund excessive assessments, if refunds are authorized.
(Ord.
126, passed 6-2-75)
§50.22 LIMITATIONS OF ACTION.
An action may not be instituted for the
purpose of contesting or enjoining the collection of a special assessment
unless:
(A) Within 45 days after the confirmation of the special assessment roll, written notice is given to the City Council indicating an intention to file such an action and stating the grounds on which it is claimed that the assessment is illegal; and
(B) The action is commenced within 90 days after the confirmation of the
roll.
(Ord.
126, passed 6-2-75)
§50.23 REASSESSMENT FOR BENEFITS.
Whenever the City Council shall deem
any special assessment invalid or deficient for any reasons whatever, or if
any court of competent jurisdiction shall have adjudged such assessment to
be illegal for any reason whatever, in whole or in part, the Council shall
have power to cause a new assessment to be made for the same purpose for
which the former assessment was made, whether the improvement or any part
thereof has been completed and whether any part of the assessment has been
collected or not. All
proceedings on such reassessment and for the collection thereof shall be
made in the manner as provided for in the original assessment.
If any portion of the original assessment shall have been collected
and not refunded, it shall be applied upon the reassessment and the
reassessment shall to that extent be deemed satisfied.
If more than the amount reassessed shall have been collected, the
balance shall be refunded to the person making such payment.
(Ord.
126, passed 6-2-75)
§50.24 COMBINATION OF PROJECTS.
The City Council may combine several
districts into one project for the purpose of effecting a saving in the
costs. There shall be
established for each district separate funds and accounts to cover the cost
of the same.
(Ord.
126, passed 6-2-75)
§50.25 DIVISION OF PARCELS.
Should any lots or lands be divided
after a special assessment thereon has been confirmed and divided into
installments, the Assessor shall apportion the uncollected amounts upon the
several lots and lands so divided, and shall enter the several amounts as an
amendment upon the special assessment roll.
The City Treasurer shall, within ten days after such apportionment,
send notice of such action to the persons concerned at their last known
address by first class mail.
The apportionment shall be final and conclusive on all parties unless
protest in writing is received by the City Treasurer within 20 days of the
mailing of the aforesaid notice.
(Ord.
126, passed 6-2-75)
§50.26 DEFERRED PAYMENTS OF SPECIAL ASSESSMENTS.
The City Council may provide for the
deferred payment of special assessments from persons who, in the opinion of
the Council and Assessor, by reason of poverty are unable to contribute
toward the costs thereof. In
all cases, as a condition to the granting of such deferred payments, the
City shall require mortgage security on the real property of the beneficiary
payable on or before their death, or, in any event, on the sale or transfer
of the property.
(Ord.
126, passed 6-2-75)
§50.27 RECONSIDERATION OF PETITIONS.
In the event that the City Council
shall fail to make any public improvement petitioned for under the
provisions of §50.04 during the calendar year during which any petition is
filed, such petition shall be reconsidered by the Council prior to March 1
of the succeeding calendar year for the purpose of determining whether such
improvement should be made during such calendar year.
(Ord.
126, passed 6-2-75)
§50.28 ABATEMENT OF CONDITIONS OF HAZARDS AND NUISANCES
When any lot, building or structure
within the City, because of the accumulation of refuse or debris, the
uncontrolled growing of weeds, or age or dilapidation, or because of any
other condition or happening, becomes, in the opinion of the City Council, a
public hazard or nuisance which is dangerous to the health or safety of the
inhabitants of the City or those of them residing or habitually going near
such lot, building or structure, the Council may, after investigation, give
notice to the owner of the land upon which such hazard or nuisance exists,
or the owner of the building or structure itself, specifying the nature of
the hazard or nuisance, and requiring such owner of the building or
structure itself, specifying the nature of the hazard or nuisance, and
requiring such owner to alter, repair, tear down or remove same promptly and
within a time to be specified by the Council, which shall be commensurate
with the nature of the hazard or nuisance.
If, at the expiration of the time limit in the notice, the owner has
not complied with the requirements thereof, or in any case where the owner
of the land or of the building or structure itself is not known, the Council
may order such a hazard or nuisance abated by the proper department or
agency of the City which is qualified to do the work required, and the costs
of such abatement, assessed against the lot, premises or description of real
property upon which the hazard or nuisance was located.
(Ord.
126, passed 6-2-75)
§50.29 EXISTING PROCEEDINGS; EFFECTIVE DATE.
All special assessment proceedings
commenced prior to the effective date of this subchapter and conducted in
conformity with the provisions of Act No. 3 of the Public Acts of 1895, as
amended, being M.C.L.A. §68.31-68.35, 69.6, 69.21 - 69.25, 71.3 and 71.4 as
in effect prior to the effective date of Act No. 4 of the Public Acts of
1974 are hereby validated, ratified and confirmed.
Any special assessment roll confirmed after the effective date
hereof, shall be conclusive, except that period of contesting such
assessment roll provided in §50.22 shall commence upon the effective date of
this subchapter. All incomplete
special assessment proceedings shall be continued under the applicable
provisions hereof.
(Ord.
126, passed 6-2-75)
CHAPTER 51: SEWERS
Section
General Provisions
51.001
Definitions
51.002
Deposit of objectionable waste prohibited
51.003
Discharge of untreated sewage into natural outlet
51.004
Privies, septic tanks and other facilities
51.005
Damaging or tampering with city equipment or structures
Private Sewage Disposal System
51.015
Connecting building sewer to private sewage disposal system;
compliance
51.016
Maintenance of private sewage disposal facilities
51.017
Connecting private sewage disposal system to public sewer
51.018
Noninterference with additional requirements
Building Sewers and Connections
51.030
Connection required to public sanitary sewer upon availability;
failure to connect
51.031
Connection permit required; bond
51.032
Building sewer permits
51.033
Costs and expenses of installation and connection of building sewer;
indemnification
51.034
Separate building sewer provided for every building; special
exceptions
51.035
Use of old building sewers with new buildings
51.036
Pipe and joint specifications
51.037
Installation and maintenance of city and owner of building sewer
51.038
Size and slope of building sewers
51.039
Elevation of building sewer
51.040
Artificial filters
51.041
Location of connection
51.042
Inspection of connection to public sewer
51.043
Excavations
Use of Public Sewers
51.055
Prohibiting any new or existing connections from inflow sources not
consistent with system's design capacity
51.056
Prohibited discharges to public sewers
51.057
Grease, oil and sand interceptors
51.058
Preliminary pretreatment; maintenance of facilities
51.059
Control manhole; measurements, tests and analyses
51.060
Industrial wastes; surcharge on rate charged
51.061
Special assessments of contracts.
51.075
Free service prohibited
51.076
Bills and notices
51.077
Cancellation or discontinuation of service
51.078
Interruption of service
51.079
Inspection
Rules and Charges
51.090 Sewage charges for
premises connected to system
51.091
Connection charge
51.092
Rates charged to user
51.093
Special rates for miscellaneous services
51.094
Billing procedure
51.095
Delinquent payment; liens, security deposit
51.096
Estimation of rates; revisement
51.097
Disposition of revenues
51.098
Investments
51.099
Adjustment of user charge rates
51.100
Payment by industrial user
51.101
Exceeding limits of normal strength
Administration
51.115
Supervision and control of operators
51.116
Review of wastewater contributions
51.117
Powers and authority of inspectors
51.118
Operating basis
51.119
Records to be kept; audit
51.120
Insurance policy
51.998 Notice of violation;
liability
GENERAL PROVISIONS
§51.001 DEFINITIONS.
For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
BOD
(denoting BIOCHEMICAL OXYGEN
DEMAND). The quantity
of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure
in
five
days
at
20°
C.
BUILDING DRAIN.
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.
BUILDING SEWER.
The extension from the building drain to the public sewer or other places of
disposal.
CITY COUNCIL.
The
City Council of the City of West Branch.
COMMERCIAL USER.
An
establishment listed in the Office of the Management and Budget's
"Standard Industrial Classification Manual" (1972 Edition) that is
involved in a commercial enterprise, business or service which, based on a
determination by the City, discharges primarily domestic wastes or wastes
from sanitary conveniences.
CONNECTION CHARGE.
The amount charged at the time, and in the amount hereinafter
provided, to each premise in the City which must connect to the system.
The new charge is based upon the proportionate cost allocable to such
premises of the trunkage and availability costs associated with providing
sanitary sewer and sewage treatment.
DEBT RETIREMENT CHARGE.
The charge levied to all users for retirement of bonded indebtedness
associated with the system.
GARBAGE.
Solid wastes from the preparation, cooking and dispensing of food and
from the handling, storage and sale of produce.
GOVERNMENTAL USER.
Any federal, state or local government user of the system.
INDUSTRIAL COST RECOVERY.
The recovery from each eligible industrial user of that portion of
U.S. Environmental Protection Agency grants which are allocable to the
collection and treatment of industrial wastes from those users.
INDUSTRIAL USER.
Nongovernmental, nonresidential users of the system that discharge more than
the equivalent of 25,000 gallons per day of sanitary waste and are
identified in the "Standard
Industrial Classification Divisions".
INDUSTRIAL WASTE.
The
wastewater discharges from industrial, trade or business process, as
distinct from their employee's domestic wastes or wastes from sanitary
convenience.
INSTITUTIONAL USER.
Nongovernmental, noncommercial, nonresidential, nonindustrial users of the
system.
INSPECTOR.
Any
person or persons duly authorized by the City Council to inspect and approve
the installation of sewers.
O, M AND R CHARGE.
The
charge levied to all users for operation, maintenance replacement and
customer related administrative costs associated with the
system.
OPERATION and
MAINTENANCE COSTS.
All costs, direct and indirect, necessary to provide adequate
wastewater collection and treatment on a continuing basis, to conform with
all federal, state and local wastewater management requirements, and to
assure optimum long-term management of the sewage works.
Operation and maintenance costs shall include replacement costs.
PUBLIC SEWER.
A
sewer, in which all owners of abutting properties have equal rights, that is
controlled by the City, and is located within the public right-of-way or a
public easement.
REPLACEMENT COSTS.
Expenditures made during the service life of the system to replace
equipment and appurtenances necessary to maintain the intended performance
of the system.
REVENUES
and NET REVENUES.
The meanings as defined in Act 94 of the Public Acts of 1933,
as amended, being M.C.L.A. § 141.101 - 141.120.
SANITARY SEWER.
A sewer which carries sewage and to which storm, surface and ground
waters are not intentionally admitted.
SEWAGE.
A combination of water-carried wastes from residences, business
buildings, institutions and industrial establishments, together with such
ground waters as may be present.
SEWAGE TREATMENT PLANT.
Any arrangement of devices and
structures used for treating sewage.
SEWAGE WORKS.
All
facilities for collecting, pumping, treating and disposing of sewage.
SEWER.
A
pipe or conduit for carrying sewage.
SYSTEM.
All
facilities of the County Sanitary Sewer System (West Branch area) within the
jurisdiction of the City and all subsequent additions, including all sewers,
pumps, lift stations and all other facilities used or useful in the
collection, treatment and disposal of domestic, commercial or industrial
wastes, including all appurtenances thereto and including all extensions and
improvements thereto which may hereafter be acquired.
(Ord.
160, passed 5-18-81)
§51.002 DEPOSIT OF OBJECTIONABLE WASTE PROHIBITED.
It shall be unlawful for any person to
place, deposit or permit to be deposited in an unsanitary manner upon public
or private property within the City (or any area under its jurisdiction),
any human or animal excrement, garbage or other objectionable waste.
(Ord.
160, passed 5-18-81) Penalty, see § 10.99
§51.003 DISCHARGE OF UNTREATED SEWAGE INTO NATURAL OUTLET.
It shall be unlawful to discharge to
any natural outlet any sanitary sewage, industrial wastes or other polluted
water, except where suitable treatment has been provided in accordance with
subsequent provisions of this chapter.
(Ord.
160, passed 5-18-81) Penalty, see § 10.99
§51.004 PRIVIES, SEPTIC TANKS
AND OTHER FACILITIES.
Except as hereinafter provided, 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.
(Ord.
160, passed 5-18-81) Penalty, see § 10.99
§51.005 DAMAGING OR TAMPERING WITH CITY EQUIPMENT OR STRUCTURES.
No unauthorized person shall
maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a
part of the municipal sewage works.
Any person violating this provision shall be subject to the
appropriate criminal sanctions.
(Ord.
160, passed 5-18-81) Penalty, see
§10.99
PRIVATE SEWAGE DISPOSAL SYSTEM
§51.015
CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL SYSTEM; COMPLIANCE.
Where a public sanitary sewer is not
available under the provisions hereof, the building sewer shall be connected
to a private sewage disposal system complying with all requirements of the
State Board of Health.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.016 MAINTENANCE OF PRIVATE SEWAGE DISPOSAL FACILITIES.
The owner shall operate and maintain
the private sewage disposal facilities in a sanitary manner at all times and
at no expense to the City.
(Ord.
160, passed 5-18-81)
§51.017 CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER.
At such times as a public sewer becomes
available to a property served by a sewage disposal system as provided
herein, a direct connection shall be made to the public sewer in compliance
with this chapter, and any septic tanks, cesspools and similar private
sewage disposal facilities shall be abandoned, and filled with suitable
material.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.018 NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS.
No statement contained in this
subchapter shall be construed to interfere with any additional requirements
that may be imposed by the State Board of Health.
(Ord.
160, passed 5-18-81)
BUILDING SEWERS AND CONNECTIONS
§51.030 CONNECTION REQUIRED TO PUBLIC SANITARY SEWER UPON AVAILABILITY;
FAILURE TO CONNECT.
(A) Each person having control of a
structure in which sanitary sewage originates, and each owner and each
occupant of such a structure, shall cause such structure to be connected to
an available public sanitary sewer.
The connection shall be completed promptly but in no case later than
90 days from the date of occurrence of the last of the following events:
(1) Publication of a notice by the City
Clerk of the availability of the public sanitary system in a newspaper of
general circulation in the City.
(2) Modification of a structure so as
to become a structure in which sanitary sewage originate.
(3) When this chapter becomes effective.
(B) If there is a failure to complete connection where the structure in which sanitary sewage originates has not been connected to an available public sanitary sewer within the 90 days of the period provided in division (A) above, the City Clerk shall require the connection to be made forthwith after notice by first class mail or certified mail to the owners, occupants and persons having control of the property on which the structure is located. The notice shall give the approximate location of the public sanitary sewer which is available for connection of the structure involved and shall advise such persons of the requirements and the enforcement provisions of this chapter.
(C) Where any structure in which sanitary sewage originates is not connected to an available, public sanitary sewer system within 90 days after the date of mailing or posting of the written notice, the City may bring an action for a mandatory injunction or order in the district, municipal or circuit court in the County in which the structure is situated to compel the owner to connect to the available sanitary sewer system forthwith. The City in one or more of such actions may join any number of owners of structures situated within the City to compel each owner to connect to the available sanitary sewer system forthwith.
(Ord.
160, passed 5-18-81)
§51.031 CONNECTION PERMIT REQUIRED; BOND.
(A) No unauthorized person shall
uncover, make any connections with, or opening into, use, alter or disturb
any public sewer or appurtenances thereof without first obtaining a written
permit from the City Council.
(B) Before a permit may be issued for
excavating for plumbing in any public street, way or alley, the person
applying for such permit shall have executed unto the City, and deposited
with the City Treasurer a corporate surety in the sum of $1,000, conditioned
that they will perform faithfully all work with due credit and skill, and in
accordance with the laws, rules and regulations established under the
authority of any ordinances of the City and the owner of the premises
against all damages, costs, expenses, outlays and claims of every nature and
kind arising out of the unskillfulness of negligence on their part in
connection with plumbing or excavating for plumbing as prescribed in this
chapter. The bond shall remain
in force and must be executed for a period of two years except than on such
expiration it shall remain in force as to all penalties, claims and demands
that may have accrued there under prior to such expiration.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.032 BUILDING
SEWER PERMITS.
There shall be two classes of building
sewer permits; one for residential, commercial, governmental or
institutional service, and one for service to establishments producing
industrial waste. In either
case, the owner or his agent shall make application on a special form
furnished to the City.
The permit applications shall be supplemented by any plans, specifications
or other information considered pertinent in the judgment of the City.
A permit and inspection fee of $25 for a residential or commercial
building sewer permit and $25 for an industrial building sewer permit shall
be paid to the City Treasurer at the time the application is filed.
(Ord.
160, passed 5-18-81)
§51.033 COSTS AND
EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING SEWER; INDEMNIFICATION.
All costs and expenses incidental to
the installation and connection of the building sewer shall be borne by the
owner. The owner or the person
installing the building sewer for the owner shall indemnify the City from
any loss or damage that may directly or indirectly be occasioned by the
installation.
(Ord.
160, passed 5-18-81)
§51.034 SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING; SPECIAL
EXCEPTIONS.
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 constructed to the rear through an adjoining alley, court, yard or
driveway, the building sewer from the front building may be extended to the
rear building and the whole considered as one building sewer. Other exceptions will be allowed only by special permission
granted by the Director of Public Works or City Manager.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.035 USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.
Old building sewers or portions thereof
may be used in connection with new buildings only when they are found on
examination by the City to meet all requirements of this chapter.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.036 PIPE AND JOINT SPECIFICATIONS.
(A) The building sewer shall be
constructed of either vitrified clay sewer pipe and fittings meeting the
current A.S.T.M.
"Specifications for Standard for Extra Strength Clay Sewer Pipe," extra
heavy cast iron soil pipe meeting the current A.S.T.M. Specifications, or
the Department of Commerce "Commercial Standards for Extra Heavy Cast Iron
Soil Pipe and Fittings" or polyvinyl chloride
(P.V.C.) plastic pipe SCR 35 meeting the current requirements of
A.S.T.M. D-1784 with fittings meeting D-3034.
If installed in filled or unstable ground, the building sewer shall
be of cast iron soil pipe, except that one of the other two pipes may be
accepted if laid on a suitable improved bed or cradle as approved by the
Inspector.
(B) All joints and connections shall be
made gastight and watertight.
Vitrified clay sewer pipe shall be fitted with factory made resilient
compression joints meeting the current A.S.T.M.
"Specifications for Vitrified Clay Pipe joints Having Resilient
Properties" (Designation C425).
P.V.C. plastic pipe joints shall comply with A.S.T.M.
specifications D-3139 elastomeric seals (push joint).
The joints and connections shall conform to the manufacturer's
recommendations. All fittings
shall be as manufactured by the pipe supplier with joints equal to that of
the pipe.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.037 INSTALLATION AND
MAINTENANCE BY CITY AND OWNER OF BUILDING SEWER.
The City shall install and maintain at
its expense that portion of the building sewer from the public sewer to near
the lot or easement line, and the customer shall install and maintain at
their expense that portion of the building sewer from the public sewer to
their premises. The size and
slope of the building sewers shall be subject to the approval of the
authorized personnel of the City, but in no event shall the diameter be less
than stated herein.
Whenever possible, the building sewer shall be brought to the building at an
elevation below the basement floor.
(Ord.
160, passed 5-18-81) Penalty, see
§10.99
§51.038 SIZE AND SLOPE OF BUILDING SEWERS.
The size and slope of the building
sewers shall be subject to the approval of the City, but in no event shall
the diameter be less than six inches.
The slope of such six-inch pipe shall not be less than 1/8 inch per
foot, except as otherwise approved by the Director of Public Works.
All building sewers shall be laid on a sand cushion having a minimum
thickness of three inches. All
irregularities and depressions in the subgrade shall be fitted with sand so
the pipe will be firmly supported for its entire length. To provide sewer embedment, the remainder of the trench to
the top of the pipe shall be backfilled with compacted sand.
The sand adjacent to the pipe shall be shovel sliced.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.039 ELEVATION OF BUILDING SEWER.
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.
All excavations required for the installation of a building sewer
shall be open trench work unless otherwise approved by the Director of
Public Works. Pipe laying and
backfill shall be performed in accordance with current A.S.T.M.
specifications except that no backfill shall be placed until the work has
been inspected by the City.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.040 ARTIFICIAL LIFTERS.
In all buildings in which any building
drain is too low to permit gravity flow to the public sewer, sanitary sewage
carried by such drains shall be lifted by approval artificial means and
discharged to the building sewer.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.041 LOCATION OF CONNECTION.
The connection of the building sewer
into the public sewer shall be made at a location designated by the
Inspector.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.042 INSPECTION OF CONNECTION TO PUBLIC SEWER.
The applicant for the building sewer
shall notify the City when the buildings sewer is ready for inspection and
connection to the public sewer.
The connection shall be made under the supervision of the City.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.043 EXCAVATIONS
All excavations for building sewer
installation shall be adequately guarded with barricades and lights so as to
protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in the
course of the work shall be restored in a manner satisfactory to the City.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
USE OF PUBLIC SEWERS
§51.055 PROHIBITING ANY NEW OR EXISTING CONNECTIONS FROM INFLOW SOURCES NOT
CONSISTENT WITH SYSTEM'S DESIGN CAPACITY
The City Council shall prohibit any new
connections from inflow sources to the
system and shall refuse to accept inflow sources
from existing connections which are not consistent with the system’s design
capacity including discharge of storm water, surface water, ground water
roof runoff, foundation drainage, cooling water or unpolluted industrial
process waters to any sanitary sewer; and shall further prohibit new
connections unless there is capacity in all downstream sewers, lift
stations, force mains and treatment plant facilities including capacity for
BOD and suspended solids.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.056 PROHIBITED DISCHARGES TO PUBLIC SEWERS.
No person shall discharge or cause to
be discharged to any public sewers any harmful waters or wastes, whether
liquid, solid or gas, capable of causing obstruction to the flow in sewers,
damage or hazard to structures, equipment, and personnel of the sewage
works, or other interferences with the proper operation of the sewage works.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.057 GREASE, OIL AND SAND INTERCEPTORS.
Grease, oil and sand interceptors shall
be provided when, in the opinion of the City, they are necessary for the
proper handling of liquid wastes containing grease in excessive amount, or
any flammable wastes, sand and other harmful ingredients except that such
interceptors shall not be required for private living quarters or dwelling
units. Where installed,
they shall be maintained by the owner, at his expense, in continuously
efficient operation at all times.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.058 PRELIMINARY
PRETREATMENT; MAINTENANCE OF FACILITIES.
The admission into the public sewers of
any waters or wastes having harmful or objectionable characteristics shall
be subject to the review and approval of the City, who may prescribe limits
on the strength and character of these waters or wastes. When necessary, in the opinion of the City, the owner shall
provide, at their expense, such preliminary treatment as may be necessary to
treat these wastes prior to discharge to the public sewer.
Plans, specifications and any other pertinent information relating to
proposed preliminary treatment facilities shall b e submitted for the
approval of the City and of the appropriate state agency, and no
construction of such facilities shall be
commenced until the approval is obtained in writing.
Where preliminary treatment facilities are provided for any waters or
wastes, they shall be maintained continuously in satisfactory and effective
operation by the owner at their expense.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.059 CONTROL MANHOLE; MEASUREMENTS, TESTS AND ANALYSES.
When required by the City, the owner of
any property served by a building sewer carrying industrial wastes shall
install and maintain, at their expense, a suitable control manhole in the
building sewer to facilitate observation, sampling and measurement of the
wastes. All measurements, tests
and analysis of the characteristics of waters and wastes shall be determined
in accordance with "Guidelines Establishing Test Procedures of Analysis of
Pollutants" (40 CFR 136, October 16, 1973) and shall be determined at the
control manhole or upon suitable samples taken at the control manhole.
In the event that no special manhole has been required the control
manhole shall be considered to be the nearest downstream manhole in the
public sewer to the point at which the building sewer is connected.
(Ord.
160 passes 5-18-81) Penalty, see §10.99
§51.060 INDUSTRIAL WASTES; SURCHARGE ON RATE CHARGED.
(A) A portion of all industrial wastes
from an industry may be excluded from the sanitary sewer system.
(B) A surcharge may be imposed on the
rate charged by industry for the treatment of industrial waste.
The surcharge shall be based on the volume, strength and character of
the industrial waste treated as compared to the volume, strength and
character of the normal domestic sewage originating in the City.
The rate shall be as determined in the user charge
engineering-accounting report.
(Ord.
160, passed 5-18-81)
§51.061 SPECIAL ASSESSMENTS OF CONTRACTS.
Special assessments or contracts may be
executed with industries which shall be coordinated with this chapter for
the derivation of the rate to be used for the receiving of industrial waste,
where such industrial wastes are of unusual strength or volume and the
treatment facility is capable of handling such industrial waste.
(Ord.
160, passed 5-18-81)
CONDITIONS OF SERVICE
§51.075 FREE SERVICE PROHIBITED.
No free service shall be furnished by
the system to any person, firm or corporation, public or private, or to any
public agency or instrumentality.
(Ord.
160, passed 5-18-81) Penalty, see §10.99
§51.076 BILLS AND NOTICES.
Bills and notices relating to the
conduct of the business of the City will be mailed to the customer at the
address listed on the application, unless a change of address has been filed
in writing at the business office of the City; and the City shall not
otherwise be responsible for delivery of any bill or notice, nor will the
customer be excused from nonpayment of a bill or from any performance
required in the notice.
(Ord.
160, passed 5-18-81)
§51.077 CANCELLATION OR
DISCONTINUATION OF SERVICE.
Applications may be canceled and/or
sewer service discontinued by the City for any violation of any rule,
regulation or condition of service, and especially for any of the following
reasons:
(A) Misrepresentation in t he
application as to the property or fixtures to be serviced by the sanitary
sewer system.
(B) Nonpayment of bills.
(C) Improper or imperfect service pipes
and fixtures or failure to keep same in suitable state of repair.
(Ord.
160, passed 5-18-81)
§51.078 INTERRUPTION OF SERVICE.
The City shall, in no event, be held
responsible for a claim made against it by reason of the breaking of any
mains for service pipes, or by reason of any other interruption of the
service caused by the breaking of machinery or stoppage for necessary
repairs; and no person shall be entitled to damages nor have any portion of
a payment refunded for any interruption.
(Ord.
160, passed 5-18-81)
§51.079 INSPECTIONS.
The premises receiving sanitary sewer
service shall at all reasonable hours be subject to inspection by duly
authorized personnel of the City.
(Ord.
160, passed 5-18-81)
RATES AND CHARGES
§51.090 SEWAGE CHARGES FOR PREMISES CONNECTED TO SYSTEM.
(A) Charges for sewage disposal services to each premise within the service area having any connection to the system shall be as set forth in this subchapter.
(B)
Except as herein otherwise provided,
charges for sewage disposal services rendered by the system to premises
connected to the system of the City shall be as set forth in this
subchapter.
(Ord.
160, passed 5-18-81)
§51.091 CONNECTION
CHARGE.
(A) For the benefit conferred by the
sewer system upon all premises connecting thereto, or connecting to any
sewer line tributary thereto, a connection charge shall be paid for all
premises so connecting as follows:
(1) For each single family dwelling
$700.
(2) For all other buildings (including
industrial and commercial building publicly or privately owned) not
otherwise provided for in this division, the connection charge shall be an
amount determined by resolution of the City Council.
(B) The connection charge shall be paid
in full upon application for a permit to connect such premises to the sewer
system.
(Ord.
160, passed 5-18-81; Am. Ord.
248 passed 6-16-97)
§51.092 RATES CHARGED TO USER.
(A) The following sewer rates shall be
based on water consumption and are hereby adopted effective October 1, 2009:
(1)
First
10,000 gallons or any part thereof (minimum charge) $53.20 plus $4.85 per
thousand gallons used
(2)
Over
10,000 gallons at $10.17 per 1,000 gallons
(B) Laundromats shall receive a 5%
discount on their sewer charges based on the assumption that this is the
percentage of water left in the clothing when it is placed in the dryer.
All
premises served by the sewer system shall have installed an approved meter
as determined by the Superintendent of Public Works or the City Manager.
Other users of the system shall be charged in accordance with a
schedule to be set by the City Council.
(Ord.
160, passed 5-18-81; Am. Ord. 196, passed 5-15-89; Am. Ord. 232, passed
3-20-95; Am. Ord. 148, passed 6-16-97; Am. Ord. 01-03, passed 6-18-01; Am.
Ord. 05-02, passed 5-25-05; Am. Ord. 07-04, passed 6-18-2007 Am. Ord. 08-03,
passed 12-15-2008; Am. Ord. 09-01, passed 5-18-2009; Am. Ord. 09-06, passed
10-5-2009)
§51.093 SPECIAL RATES FOR MISCELLANEOUS SERVICES.
For miscellaneous services or where a
premise receives sewer service for which a special rate shall be
established, such rates shall be fixed from time to time by the City
Council.
(Ord.
160, passed 5-18-81)
§51.094 BILLING PROCEDURE.
Sewer bills for the rates herein
charged shall be rendered quarterly during each operating year on the first
day of January, April, July and October and shall represent charges for the
period immediately preceding the date of rendering the bill.
The bills shall be due and payable within 60 days from the date
thereof, and all bills not paid when due shall be deemed delinquent and a
penalty of 10% of the amount of such billing shall be added thereto and
become due and owing as a part thereof.
(Ord.
160, passed 5-18-81; Am. Ord. 10-01, passed 2-1-2010)
§51.095 DELINQUENT PAYMENT; LIENS, SECURITY DEPOSIT.
Connection charges and charges for
sewage disposal services are made a lien on all premises served thereby,
unless notice is given that a tenant is responsible, whenever any such
charge against any property shall be delinquent for six months, the City
official or officials in charge of the collection thereof shall certify
annually, not later than May 1 of each year, to the tax assessing officer,
the fact of such delinquency, whereupon such
charge shall be by him entered upon the next tax roll as a charge against
such premises and shall be collected and the lien thereof enforced in the
same manner as general taxes against such premises are collected and the
lien thereof enforced. Where
notice is given that a tenant is responsible for such charges and service as
provided, no further service shall be rendered such premises until a cash
deposit of not less than $25 shall have been made as security for payment of
such charges and service. The
cash deposit required of tenants shall equal twice that amount typically
charged to a similar customer for one-quarter service.
(Ord.
160, passed 5-18-81; Am. Ord. 02-04, passed 12-16-2002)
§51.096 ESTIMATION OF RATES; REVISEMENT.
The rates hereby fixed are estimated to
be sufficient to provide for the payment of the expenses of administration
and operation and such expenses for maintenance of the system as are
necessary to preserve the same in good repair and working order, and to
provide for such other expenditures and funds for the system as this chapter
may require. The rates shall be
fixed and revised periodically as may be necessary to produce these amounts.
Further the rates for use of the system shall be based on the
following:
(A) Debt retirement charge.
Each user of the system shall pay a monthly debt retirement charge to
be determined from time to time by the City Council.
(B) Each user of the system shall pay a
monthly O, M and R charge in proportion to the user's wastewater
contributions to the system.
Users that are also metered customers of the City water system shall be
charged in an amount equal to the charge for the water system use.
Users that are not metered water customers shall be charged a flat
amount per residential equivalent
unit
assigned by the user' premise, as hereinbefore stated.
(C) Surcharges.
Each user that discharges wastewater strengths, exceeding normal
strength sewage, as defined in §51.001, shall pay appropriate surcharges for
treatment of excess waste strengths.
(Ord.
160, passed 5-18-81)
§51.097 DISPOSITION OF REVENUES.
(A) The revenues of the system shall be
set aside, as collected and deposited in a separate depository account in a
bank duly qualified to do business in Michigan, in an account to be
designated the Sewer System Receiving Fund (hereinafter, for brevity,
referred to as the "Receiving
Fund") and the revenues so deposited shall be transferred from the Receiving
Fund periodically, in the manner and at the times hereafter specified:
(1) Operation and Maintenance Fund. Out of the revenues in the Receiving Fund there shall be first set aside quarterly into a depository account designated Operation and Maintenance Fund a sum sufficient to provide for the payment of the next quarter's current expenses of administration and operation of the system and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order.
(2) Bond Payment Fund. There shall next be established and maintained a depository account, to be designated Bond Payment Fund, which shall be used solely for the payment of the City's obligations to the County pursuant to the aforesaid contract. There shall be deposited in the fund quarterly after requirements of the Operation and Maintenance Fund have been met such sums as shall be necessary to pay the obligations when due. Should the revenues of the system prove insufficient for this purpose, such revenues may be supplemented by any other funds of the City legally available for such purpose.
(3) Reserve Fund. There shall be established and maintained a depository account, designated Reserve Fund, which shall be used solely for the purpose of meeting any deficiencies in the Bond Payment Fund. There shall be set aside into the fund after provision has been made for the Operation and Maintenance Fund and the Bond Payment Fund the sum of at least $6,800 per year until the amount of that Fund is $68,000 and after which no further deposits to the Fund need be made. Moneys in the Fund may be used to pay the principal of and interest on the bonds last maturing.
(4) General Purpose Fund. There shall next be established and maintained a General Purpose Fund for the purpose of making repairs, replacements, improvements, extensions and enlargements to the system. There shall be deposited into the fund after providing for the forgoing funds such revenues, as the City Council shall determine.
(5) Surplus Moneys. Moneys remaining in the Received Fund at the end of any
operating year after full satisfaction of the requirements of the foregoing
funds may, a t the option of the City Council, be transferred to the Reserve
or General Purpose Funds or used in connection with any other project of the
City reasonably related to purposes of the system.
(6) Bank Accounts. All moneys belonging to any of the foregoing funds or
accounts may be kept in one bank account, in which event the moneys shall be
allocated on the books and records to the City within the single bank
account, in the manner above set forth.
Any other public corporation acting as operating agent for the City
shall be authorized to act for the City to establish, maintain and fund the
aforesaid accounts. The public
corporation may fix names for the various accounts different from those set
out above, so long as the essential purpose of the aforesaid system of
account is preserved.
(B) In the event the moneys in the
Receiving Fund are insufficient to provide for the current requirements of
the Operation and Maintenance Fund, then moneys and/or securities in other
funds of the system, except sums in the Bond Payment Fund derived from tax
levies or special assessments, shall be transferred to the Operation and
Maintenance Fund to the extent of any deficit therein.
(Ord.
160, passed 5-18-81)
§51.098 INVESTMENTS.
Moneys in any fund or account
established by the provisions of this chapter may be invested in obligations
of the United States of America, in the manner and subject to
the limitations provided in Act 94, Public Acts of
Michigan, 1933, as amended. In
the event such investments are made, the securities representing the same
shall be kept on deposit with the bank or trust company having on deposit
the fund or funds from which such purchase was made.
Income received from such investments shall be credited to the fund
from which the investments were made.
(Ord.
160, passed 5-18-81)
§51.099 ADJUSTMENT OF USER CHARGE RATES.
The City shall have the right to adjust
the user charge rates based on an audit review of the system's operation and
maintenance costs. Such an
audit review shall be conducted annually by the City.
(Ord.
160, passed 5-18-81)
§51.100 PAYMENT BY INDUSTRIAL USER.
(A) Each industrial user shall pay the
proportionate share of the operation, maintenance and replacement
depreciation costs of the system that are allocable to the treatment of that
user's industrial wastes.
(B) Each industrial user that
discharges processed wastewater which does not exceed the limits of normal
strength sewage shall be charged and shall make payments to the City in
amounts based on the actual waste volume from such premises.
(Ord.
160, passed 5-18-81)
§51.101 EXCEEDING LIMITS
OF NORMAL STRENGTH.
Each user that proposes to discharge
wastewater to the system which exceeds the limits of normal strength sewage
will be required to either:
(A) Provide satisfactory pretreatment
to reduce the strength of the wastewater to normal strength sewage which is
hereby determined to be 300 milligrams per liter of BOD, 330 milligrams per
liter of suspended solids and 12 milligrams per liter of phosphorous; or
(B) Pay a surcharge determined by the
relative concentration of BOD, suspended solids, or other pollutant as
compared to normal strength sewage.
(Ord.
160, passed 5-18-81)
ADMINISTRATION
§51.115 SUPERVISION AND CONTROL OF OPERATORS.
The operation, maintenance, alteration,
repair and management of the system shall be under the general supervision
and control of the City subject to the terms of the contract dated May 13,
1981, between the County of Ogemaw, and the City, and the
Townships of Ogemaw and West Branch, and the City.
The City may employ a person or persons in such capacity or
capacities, as it deems advisable to carry out the efficient management and
operations of the system and may make rules, orders and regulations, as it
deems advisable and necessary to assure the efficient management and
operation of the system.
(Ord.
160, passed 5-18-81)
§51.116 REVIEW OF WASTEWATER CONTRIBUTIONS.
As part of the operation of the system,
the City shall review not less than every two years the wastewater
contribution of uses and user classes, the total costs of operation and
maintenance of the treatment works, and its approved user charge system.
The City shall from time to time revise the charges for users or user
classes to accomplish the following:
(A) Maintain the proportionate
distribution of operation and maintenance costs among users and user classes
as required by applicable federal regulations;
(B) Generate sufficient revenue to pay
the total operation and maintenance costs necessary to the proper operation
and maintenance (including replacement) of the treatment works; and
(C) Apply excess revenues collected
from a class of uses to the costs of operation and maintenance attributable
to that class for the next year and adjust the rate accordingly.
(Ord.
160, passed 5-18-81)
§51.117 POWERS AND
AUTHORITY OF INSPECTORS.
The duly authorized employees of the
City bearing proper credentials and identification shall be permitted to
enter upon all properties for the purpose of inspection, observation,
measurement, sampling and testing, in accordance with the provisions of this
chapter.
(Ord.
160, passed 5-18-81)
§51.118 OPERATING BASIS.
The system shall be operated on the
basis of the same operating year as the City.
(Ord.
160, passed 5-18-81)
§51.119 RECORDS TO BE KEPT; AUDIT.
The City shall maintain and keep proper
books of records and accounts, separate from all other records and accounts,
in which shall be made full and correct entries of all transactions relating
to the system. The City will
cause an annual audit of such books of record and accounts for the preceding
operating year to be made by a recognized independent certified public
accountant, and will supply such audit report to authorized public officials
on request.
(Ord.
160, passed 5-18-81)
§51.120 INSURANCE POLICY.
The City will maintain and carry
insurance to all physical properties of the system, of the kinds and in the
amounts normally carried by public utility companies and municipalities
engaged in the operation of sewage disposal systems.
All moneys received for losses under any such insurance policies
shall be applied solely to the replacement and restoration of the property
damaged or destroyed.
(Ord.
160, passed 5-18-81)
§51.998 NOTICE OF VIOLATION;
LIABILITY.
(A) Any person found to be violating
any provision of this chapter, except §51.005, shall be served by the City
Council with written notice of 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 violating any of the
provisions of this chapter shall become liable to the City, for any expense,
loss or damage occasioned the City by reason of such violation.
(Ord.
160, passed 5-18-81)
CHAPTER 52: WATER
Section
General Provisions
52.01
Contamination and pollution to water supply wells
Water Supply Connection
52.14
Request for water service
52.15
Adoption of state water supply cross-connection rules
52.16
Inspection of possible cross-connections
52.17
Right of entry for inspection purposes
52.18
Discontinuance of water service
52.19
Labeling of water outlets
52.20
Supplementary to other regulatory codes
52.21
New Construction to install backflow preventers
Rates and Charges
52.34
Basis for charges
52.35
Charges for water service
52.36
Billing; penalty for late payment
52.37
Fire hydrant rates
52.38
Special rates
52.39
Enforcement; liens
52.40
Shutting off or discontinuing service; turn-on charge
52.41
Free service prohibited
52.42
Estimation of rates; revisement
52.43
Operating basis
52.44
Revenues of system
52.45
Investments
52.46
Owner termination of service
52.47
Occupant Deposit
52.48
Enforcement
GENERAL PROVISIONS
§52.01 CONTAMINATION AND
POLLUTION TO WATER SUPPLY WELLS.
(A)
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated with in the
City are required to connect to the municipal system for all potable water,
provided that said water system is within 200 feet of the nearest property
line of said premises. This
connection will be done in accordance with the provisions of this Ordinance
and under direction of the
Department of Public Works.
Pre-existing non-complying situations are required
to be
connected when extensive changes or repairs are needed.
It shall be unlawful for any person to engage in the drilling of
water wells within the City.
(Ord.
252, passed 7-20-98) Penalty,
see §10.99
(B)
All abandoned wells shall be properly sealed according to the
guidelines set forth by Part 127 - Act 368 of the Public Acts of 1978, as
amended.
(Ord.
252, passed 7-20-98) Penalty, see §10.99
(C)
It shall be unlawful for any person, firm or corporation to construct
or maintain or permit to be constructed or maintained, within a radius of
100 feet from any water well within the City, the water from which is used
by any manufacturing plant processing milk or food or any municipal water
well from which the City draws its supply, any source of possible
contamination or pollution to the wells.
Ord.
62, passed 3-1-48; Am. Ord. 252, passed 7-20-98)
(D)
It shall be unlawful for any person, firm or corporation to do any
act, or to allow to be done any act, that may contaminate or pollute or
contribute to the contamination or pollution of the City wells.
(Ord.
62, passed 3-1-48; Am. Ord. 252, passed 7-20-98) Penalty, see §10.99
WATER
SUPPLY CONNECTION
§52.14 REQUESTS FOR WATER
SERVICE.
Any customer requesting an initial
utility connection or a reconnection of service shall be present at the time
service is to be turned on.
(Ord.
252, passed 7-20-98)
§52.15 ADOPTION OF STATE WATER
SUPPLY CROSS-CONNECTION RULES.
The City adopts by reference the Water
Supply Cross-Connection rules of the Michigan Department of Public Health
being R325.431 to R325.440 of the Michigan Administrative Code.
(Ord.
128, passed 10-15-75)
§52.16 INSPECTION OF POSSIBLE
CROSS-CONNECTIONS.
It shall be the duty of the Director of
Public Works, or his designated representative, to cause inspections to be
made of all property served by the public water supply where
cross-connections with the public water supply is deemed possible.
The frequency of inspections and reinspection based on potential
health hazards involved shall be as established by the City Department of
Public Works and as approved by the Michigan Department of Public Health.
(Ord.
128, passed 10-15-75)
§52.17 RIGHT OF ENTRY FOR
INSPECTION PURPOSES.
The Superintendent of the Department of
Public Works, or his designated
representative shall have the right to enter at any reasonable time any
property served by a connection to the public water supply system of the
City for the purpose of inspecting the piping system or systems thereof for
cross-connections. On request
the owner, lessees or occupants of any property so served shall furnish to
the inspection agency any pertinent information regarding the piping system
or systems on such property.
The refusal of such information or refusal of access, when requested, shall
be deemed evidence of the presence of cross-connections.
(Ord.
128, passed 10-15-75) Penalty,
see §10.99
§52.18 DISCONTINUANCE OF WATER
SERVICE.
The City Department of Public Works is
hereby authorized and directed to discontinue water service after reasonable
notice to any property wherein any connection in violation of this
subchapter exists, and to take such other precautionary measures deemed
necessary to eliminate any danger of contamination of the public water
supply system. Water served to
such property shall not be restored until the cross-connection or
connections have been eliminated in compliance with the provisions of this
subchapter.
(Ord.
128, passed 10-15-75)
§52.19 LABELING OF WATER
OUTLETS.
(A) The potable water supply made
available on the properties served by the public water supply shall be
protected from possible contamination as specified by this subchapter and by
the State and County plumbing codes.
(Ord.
128, passed 10-15-75; Am. Ord. 252, passed 7-20-98) Penalty, see §10.99
§52.20 SUPPLEMENTARY TO OTHER
REGULATORY CODES.
This subchapter does not supersede the
State Plumbing Code and the Plumbing Code for the County but is
supplementary to them.
(Ord.
128, passed 10-15-75)
§52.21 NEW CONSTRUCTION TO
INSTALL BACKFLOW PREVENTERS.
All new construction commenced within
the City limits of the City shall have backflow preventers installed as part
of their basic water supply system.
(Ord.
128, passed 10-15-75) Penalty,
see §10.99
RATES AND CHARGES
§52.34 BASIS FOR CHARGES
(A)
A properly installed water meter approved by the City shall be used
to determine the amount of water consumed for all establishments. Penalty, see §10.99
(B)
Any new multi-unit establishment shall at the time of connection to
the municipal water system either install a separate water meter or, at the
City Manager's
discretion on recommendation of the Public Works Supervisor, install a
master meter for the establishment.
(Ord.
252, passed 7-20-98) Penalty, see §10.99
§52.35 CHARGES FOR WATER
SERVICE.
(A)
Charges for water service to each premise within the City connected
to the system shall be as prescribed by the City Council and until otherwise
provided, shall be at the rates and shall be collected as set forth in this
subchapter:
(B)
The following water rates are hereby adopted effective October 1,
2009:
(1)
First 10,000 gallons or any part thereof (minimum charge) $17.50 plus
$1.04 per thousand gallons used.
(2)
Over 10,000 gallons $2.49 per 1,000 gallons.
(C) The following water
rates are hereby adopted effective April 1, 2010 for all water customers
outside of the City limits:
(1)
First
10,000 gallons or any part thereof (minimum charge) $26.25 plus $1.56 per
thousand gallons used.
(2)
Over 10,000 gallons at $3.74 per 1,000 gallons
(D)
However, any person entitled to receive a property tax credit by
virtue of being a senior citizen as defined by M.C.L.A. §206.514 and any
person who received 85% or more of his or her total income from Social
Security and/or pension shall receive a 50% reduction in the water rates
upon application to the City Clerk, provided, that this reduction shall
apply only to residential water uses at the domicile of the individual
entitled to receive the reduction.
(E)
Any loss of water due to leakage, damage or other circumstances which
causes higher than normal consumption shall be the responsibility of the
utility customer. A residential
billing for water which is three (3) times or more the normal usage shall
qualify the customer for an agreement to extend the time for payment, with
penalties for that billing period only and then only with a receipt from a
plumber indicating repairs have been made.
Failure to make scheduled payment will result in discontinuance of
water service.
(F)
A tap fee shall be paid by each customer making connection to the
water system. Such fee shall be
established by resolution of the City Council and is intended to cover the
cost of physical connection to the system and the privilege of connecting to
the system.
(Ord.
70, passed 7-7-52; Am. Ord. 157, passed 12-15-80; Am. Ord. 185, passed
12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 252, passed 7-20-98; Am. Ord.
07-06, passed 12-3-2007; Am. Ord. 09-03, passed 9-8-2009; Am. Ord. 09-05,
passed 10-5-2009; Am. Ord. 10-04, passed March 15, 2010
§52.36 BILLING; PENALTY FOR
LATE PAYMENT.
Water bills for the rates herein
charged shall be rendered quarterly during each operating year on the first
of January, April, July and October and shall represent charges for the
period immediately preceding the date of rendering the bill.
The bills shall be due and payable within 60 days from the date
thereof and all bills not paid when due shall be deemed delinquent and a
penalty of 10% of the amount of such billing shall be added thereto and
become due and owing as a part thereof.
(Ord.
185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 10-02, passed
2-1-2010)
§52.37 FIRE HYDRANT RATES.
For water used through fire hydrants,
the City shall pay a charge of $60 for each fire hydrant per year, which
charge shall be paid annually in advance from the current funds of the City,
or from proceeds of taxes which the City within constitutional limits, is
hereby authorized and required to levy in an amount sufficient for that
purpose.
(Ord.
185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 252, passed
7-20-98)
§52.38 SPECIAL RATES.
For miscellaneous services for which a
special rate should be established, such rates shall be fixed by the City
Council.
(Ord.
185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 252, passed
7-20-98)
§52.39 ENFORCEMENT; LIENS.
The charges for water services, which
are under the provisions of Act No. 178 of the Public Acts of 1939, as
amended, being M.C.L.A. §123.161 - 123.167 are made a lien on all premises
served thereby, unless notice is given that a tenant is responsible,
whenever any such charge against any piece of property shall be delinquent
for six months. The City
official, or officials in charge of the collection thereof, shall certify
annually, on April 1 of each year, to the tax assessing officer of the City,
the fact of such delinquency, whereupon such charge shall be by him entered
upon the next tax roll as a charge against such premises, and the lien
thereon enforced in the same manner as general City taxes against such
premises are collected, and the lien thereon enforced.
However, where notice is given that a tenant is responsible for such
charges, as provided by Section 21, Act 94, Public Acts of Michigan, 1933,
no further service shall be rendered such premises until a cash deposit of
not less than $12 shall have been made as security for payment of such
charges. The cash deposit
required of tenants shall equal twice that amount typically charged to a
similar customer for one quarter of service.
(Ord.
185, passed 12-1-86)
§52.40 SHUTTING OFF OR
DISCONTINUING SERVICE; TURN-ON CHARGE.
In addition to other remedies provided,
the City shall have the right to shut off and discontinue the supply of
water to any premises for the nonpayment of water charges when due.
If such charges are not paid within 30 days after the first day of
the month next succeeding the month in which such charges are billed, then
water service to such premises shall be discontinued.
A warning notice shall be attached to the door of the premises
affected prior to actual discontinuation of service.
An additional five dollars shall be added to the sum then due for
notice of shut off. Water services so discontinued shall not be restored until
all sums then due and owing shall be paid, plus a turn-on charge of $15.
(Ord.
185, passed 12-1-80; Am. Ord. 217, passed 7-1-92)
§52.41 FREE SERVICE PROHIBITED.
No free service shall be furnished by
the system to any person, firm or corporation, public or private, or to any
public agency or instrumentality.
(Ord.
70, passed 7-7-52)
§52.42 ESTIMATION OF
RATES; REVISEMENT.
The rates hereby fixed are estimated to
be sufficient to provide for the payment of the expenses of administration
and operation and such expenses for maintenance of the system as are
necessary to preserve the same in good repair and working order, to provide
for the payment of the interest upon and the principal of all the bonds as
and when the same become due and payable, and the creation of the reserve
therefore required by this subchapter, and to provide for such other
expenditure of funds for the system as this subchapter may require.
The rates shall be fixed and revised from time to time as may be
necessary to produce these amounts, and it is hereby covenanted and agreed
at all times to fix and maintain such rates for services furnished by the
system as shall be sufficient to provide for the foregoing.
(Ord.
70, passed 7-7-52)
§52.43 OPERATING BASIS.
The system shall be operated on the
basis of an operating year commencing July 1 and ending on June 30.
(Ord.
70, passed 7-7-52)
§52.44 REVENUES OF SYSTEM.
(A)
The revenues of the system are hereby ordered to be set aside, as
collected, and deposited in a bank duly qualified to do business in the
state, in an account to be designated Water Supply System Receiving Fund
(hereinafter referred to as the Receiving Fund), and the revenues so
deposited are pledged for the purpose of the following duns and shall be
transferred from the Receiving Fund periodically in the manner and at the
times hereinafter specified.
(1)
Operation and Maintenance Fund.
(a)
Out of the revenues in the Receiving Fund there shall be first set
aside, quarterly, into separate depositary account designated Operation and
Maintenance Fund, a sum sufficient to provide for the payment of the next
quarter's current expenses of administration and operation of the system and
such current expenses for the maintenance thereof as may be necessary to
preserve the same in good repair and working order.
(b)
The City Council, prior to the commencement of each operating year,
shall adopt a budget covering the foregoing expenses for each year, and such
total expenses shall not exceed the total amount specified in the budget,
except by a vote of five-sevenths of the members of the City Council.
(2)
Replacement Fund. There
shall next be established and maintained a separate depositary account
designated as the Replacement Fund, which shall be used solely for the
purpose of making major repairs and replacements to the system for which
funds in the Operation and Maintenance Fund are note available or
sufficient. There shall
be deposited into that Fund, in quarterly installments, after providing for
all requirements of the Operation and Maintenance Fund and the Bond and
Interest Redemption Fund (including the Bond Reserve Account) all of the
revenues of the system until such Fund shall total $3,000.
If at any time it shall be necessary to use moneys in the Fund for
such purpose, the moneys so used shall be replaced from the net revenues in
the Receiving fund which are not required by this subchapter to be used for
the Operation and Maintenance Fund or the Bond and Interest Redemption Fund
(including the Bond Reserve Account).
(B)
In the event the moneys in the Receiving Fund are insufficient to
provide for the current requirements of the Operation and Maintenance Fund
any moneys and/or securities in other funds of the system shall be
transferred, to the Operation and Maintenance Fund to the extent of any
deficit therein.
(Ord.
70, passed 7-7-52)
§52.45 INVESTMENTS.
Moneys in the Bond and Interest
Redemption Fund over and above those being accumulated for the payment of
principal and interest next maturing and moneys in any other fund except the
Receiving Fund and the Operation and Maintenance Fund may be invested in
obligations of the United States of America.
In the event such investments are made, the securities representing
the same shall be kept on deposit with the bank or trust company having on
deposit the fund or funds which the purchase was made.
Income received from such investments shall be credited to the fund
from which the investments were made.
(Ord.
70, passed 7-7-52)
§52.46 OWNER TERMINATION OF
SERVICE.
Property owners, according to City tax
records, may remove their name from an account, and cause shut off of the
water at their premises. If the
premises are not occupied by the owner, the occupant shall be given 14 days
notice that the owner has requested that water services be terminated.
(Ord.
217, passed 7-1-92)
§52.47 OCCUPANT DEPOSIT.
Water customers not property owners,
according to the City tax records, shall pay a deposit as guarantee of
payment to equal a two quarter estimated rate as determined by the City
Treasurer. Deposits shall be
placed in escrow by the City Treasurer to guarantee payment of future water
bills. When an individual who
has made such a deposit wishes to terminate water service, two methods of
refund are available. The
depositor may pay all outstanding utility charges and receive a complete
refund, or the depositor may allow outstanding charges to be deducted from
the deposit and receive the balance as a refund.
Depositors shall not earn interest on deposits.
(Ord.
217, passed 7-1-92; Am. Ord. 252, passed 7-20-98)
§52.48 ENFORCEMENT.
The charges for water services which
are under the provisions of Act No. 178 of the Public Acts of 1939, as
amended, being M.C.L.A.
§123.161 - 123.167 shall be a lien on all premises served thereby.
Whenever any such charge against any piece of property shall be
delinquent for six months, the City official or officials in charge of t he
collection thereof shall certify annually, by May 15th of each year, to t he
tax assessing officer of the County, the fact of such delinquency, whereupon
such charge shall be entered upon the next tax roll as a charge against such
premises, and the lien thereon enforced in the same manner as general City
taxes. The City may institute
suit before a competent court for the collection of such charges, and shall
also have all powers and rights granted to cities by Act 178 of the Public
Acts of 1939, as amended. When
a customer has made a two quarter estimated deposit into a City escrow
account, as provided herein, delinquent amounts due to the City may be
collected from that account as payment for water service.
The City shall make every reasonable attempt to return excess funds
to the party making the original deposit.
(Ord.
217, passed 7-1-92)
CHAPTER 53: GARBAGE
Section
53.01
Definitions
53.02
Curb carts
53.03
Storage and location of curb carts
53.04
Volume/weight restrictions
53.05
Excess volume/weight
53.06
Curb cart waivers
53.07
Collection of garbage or rubbish
53.08
Violations - City may remedy nuisance
53.09
Accumulations of garbage, rubbish, etc. - City may remedy nuisance
53.10
Penalty
§53.01 DEFINITIONS
The following definitions shall be used
for the purposes of this chapter:
CURBSIDE COLLECTION SERVICE
means the method of garbage collection service employed by the City or
contractor whereby the collection container is placed at or near the street
right-of-way for pick-up.
CURB CART means the mobile cart, either 65 or
95-gallon volume, supplied by the City or contractor to each residence in
the City and owned by the City or contractor.
DWELLING
means any building which is wholly or
partly used or is intended to be used for living by human occupants.
GARBAGE means household foot wastes and such
other household wastes which result from the handling, preparing, cooking,
serving or consumption of food (such as packaging, wrappers, napkins, etc.).
RUBBISH means any combustible or
noncombustible household waste materials, except garbage, including but not
limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
plastics, tin cans, metal, automobile parts, mineral matter, glass crockery,
dust and the residue from the burning of combustible materials.
OTHER ELIGIBLE PICK-UP
means a non-residence generating less than a volume of 95 non-compacted
gallons of rubbish per week and having an indoor or adequately screened
location to store a curb cart in between pick-up.
(Ord.
246, passed 5-5-97)
§53.02 CURB CARTS
65 and 95-gallon curb carts are the
property of the City or contractor.
Each
dwelling or other eligible pick-up will receive one curb cart per unit, up
to a maximum of three carts per dwelling or other eligible pick-up.
Standard maintenance on carts will be performed by the City or
contractor. Standard
maintenance includes repair of broken wheels, replacement of broken lids and
replacement of carts broken or damaged through normal wear and tear or by
action of the City or contractor.
Residents shall not deface or scar
carts in any manner. Residents
abusing carts to a point that they cannot be re-deployed shall be held
responsible for cart repair or replacement.
The City or contractor will provide up
to one replacement cart to owners of dwellings or other eligible pick-ups
who lose carts due to damage or theft.
Such replacement is limited to one during any five-year period.
Owners damaging or losing more than one cart will be charged for the
replacement or repair of a second lost or damaged cart.
For purposes of cart replacement or repair, garbage collection shall
be considered a municipally owned utility and charges for cart replacement
or repair shall be collected from the owner of a real property supplied with
garbage collection service pursuant to Sec. 13.4 of the City Charter.
(Ord.
246, passed 5-5-97)
§53.03 STORAGE AND LOCATION OF
CURB CARTS
No person, firm or corporation shall
place, or allow to remain, on any property any garbage or rubbish container
closer to the street right-of-way than the closest (to the street
right-of-way) vertical roof-supporting member of the main structure on said
property; provided, however, any person, firm or corporation who has
curbside collection service may place the 65 or 95-gallon curb cart and/or
official City garbage bags at curbside (or street side if there is no curb)
for collection purposes only, but not earlier than 6:00 p.m. on the day
preceding collection day. A
cart placed out for collection must be removed from the curbside (or street
side if there is no curb) not later than 6:00 p.m. on collection day.
When carts and/or official City garbage
bags are placed on curbside (or street side if there is not curb) pursuant
to the above paragraph, they shall be placed so that the hinged side of the
cart faces away from the street and within 5 feet of the edge of the
traveled portion of the street.
(Ord.
246, passed 5-5-97)
§53.04 VOLUME/WEIGHT
RESTRICTIONS
No person shall overload the curb
carts. A cart is determined to
be overloaded if the lid cannot be completely shut or if it contains greater
than 100 lbs (65-gallon cart) or 150 lbs
(95-gallon cart).
(Ord.
246, passed 5-5-97)
§53.05 EXCESS VOLUME/WEIGHT
Up to one 65 or 95-gallon cart per week
will be collected from each dwelling or other eligible pick-up.
Volumes or weights exceeding the 65 or 95-gallon cart capacity must
be in an official City bag or be identified with an official City tag.
Bags or tags will be made available by the City at costs to be
determined from time to time by resolution of the City Council.
Residents using extra bags must store such bags in a watertight
container or compartment until such time the bag or bags are placed at the
curb for collection.
§53.06 CURB CART WAIVERS
Residents qualifying for a curb cart
waiver may be provided with an adequate supply of official City bags.
In order to quality, occupants or owners of dwellings or other
eligible pick-ups must be physically unable to reasonably make use of the
curb cart system. Waivers may
be granted by the City Manager upon application by the resident.
Residents granted a waiver must store bags in a watertight container
or compartment until such time that the bag is placed at the curbside for
collection.
§53.07 COLLECTION OF GARBAGE OR
RUBBISH
(A)
No garbage or refuse collection company operating in the City shall
collect garbage or refuse from any property between the times of 10:00 p.m.
and 5:00 a.m. the following day.
(B)
No garbage or refuse collection company shall deposit or allow to
remain any garbage or refuse on public or private property within ten feet
of public right-of-way.
(C)
Any garbage or refuse collection company engaging in curbside
collection service in the City, and providing containers for their
customers, shall identify said container by placing the company's name in
legible letters thereon.
(Ord.
246, passed 5-5-97)
§53.08 VIOLATIONS - CITY MAY
REMEDY NUISANCE
If the placement of curb carts or
official garbage bags is in violation of this chapter, such violation shall
be declared an offensive nuisance [see City Charter Sec. 2.3 (o)] and the
City Manager or their authorized representative may take all reasonable and
necessary actions to correct the violation.
Such actions (which may be in addition to the issuance of civil
and/or criminal citations) may include the entry upon private lands at
reasonable times and under reasonable circumstances to relocate or empty
neglected containers or to retrieve abandoned containers.
After said corrective action is taken,
the City may bill the expense (including time fringe benefits, equipment,
out-of-pocket and administrative costs) thereof to the owner or person in
control of the property in violation of this chapter.
Failure to pay said bill shall result in collection of amounts due to
the City as provided by Sec. 11.9 of the City Charter.
(Ord.
246, passed 5-5-97)
§53.09 ACCUMULATION OF
GARBAGE, RUBBISH, ETC. - CITY MAY REMEDY NUISANCE
No person shall deposit or allow to
remain on any property in the City any accumulation of garbage, rubbish, animal
or human excrement, yard waste not contained in a controlled compost system or
any other accumulation reasonably deemed an offensive nuisance [see City Charter
Sec. 2.3(o)]. The City Manager or
their authorized representative may take all reasonable and necessary action to
correct the violation. Such actions
(which may be in addition to civil or criminal citations) may include the entry
upon private lands at reasonable times and under reasonable circumstances to
remove offending accumulations.
After said corrective action is taken, the City may bill the expense (including
time, fringe benefits, equipment, out-of-pocket and administrative costs)
thereof to the owner or person in control of the property in violation of this
chapter. Failure to pay said bill
shall result in collection of amounts due to the City as provided by Sec. 11.9
of the City Charter.
(Ord.
246, passed 5-5-97)
§53.10
PENALTY
Violation of this chapter is a
Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code
of Ordinances.
(Ord.
246, passed 5-5-97; Am. Ord. 01-04, passed 6-18-01)