13.70.480 Side sewer – Responsibility of costs.
(1) Connections to the town’s sewer system shall be made by a side sewer lateral from the premises to be served to the town’s main sewer line. All costs and expenses incident to the installation, connection, operation and routine maintenance of the entire side sewer lateral from the premises to the town’s sewer main shall be borne by the owner of the premises served by the side sewer. All costs and expenses incident to the repair and rehabilitative maintenance of that portion of the side sewer lateral from the building drain to the property line or right-of-way shall be borne by the owner of the premises served by the side sewer. The customer or authorized agent shall be responsible for obtaining all building and right-of-way permits required for work performed either on the premises or within public rights-of-way. All costs and expenses incident to the repair and rehabilitative maintenance of that portion of the side sewer lateral from the property line or right-of-way to the main sewer line shall be borne by the town.
(a) For the purposes of this section, “routine maintenance” means operational maintenance of a side sewer lateral, including, but not limited to, the cleaning or rodding to clear grease or other internal obstructions or substances that have been discharged or allowed to accumulate in the side sewer lateral that may interfere with the operation of the side sewer.
(b) The term “rehabilitative maintenance” means repair and major maintenance of a side sewer lateral, including, but not limited to, construction, reconstruction, or excavation to repair damage to a side sewer lateral caused by external forces or failure of the pipe or pipe material.
(2) The owner of the premises shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the side sewer lateral. When the town has occasion to maintain that portion of a side sewer lateral from a street property line or right-of-way to the building drain in order to protect the public sewer or whenever the town has occasion to maintain that portion of a side sewer lateral from the property line or right-of-way to the town’s sewer main because of damage directly or indirectly caused by the owner of the premises served by a side sewer lateral or caused by an act or omission of said owner, the cost for such maintenance shall be charged to said owner. Any costs so charged and not paid within 30 days of the date of billing thereof shall constitute a lien against the property served by the side sewer lateral.
(3) If damage to the sewer lateral was the result of deficiencies caused by acts or omissions of the town or third parties not acting as agents of the customer, and specifically excluding damage to the sewer lateral resulting from deficiencies caused by acts of God, root intrusion from the customer’s trees or vegetation, or any other act or omission of the customer or customer’s agent(s) or contractor(s), a claim for such reimbursement shall be submitted to the town within 10 days of the incurrence of such costs and shall meet all of the following criteria:
(a) Eligible costs shall include only those actual expenses paid by the customer for any required town permits or to a licensed, bonded contractor.
(b) Only that portion of costs for repair work done within the dedicated right-of-way shall be eligible.
(c) The customer shall submit copies of the itemized invoices from the contractor. Such invoices shall indicate the type and cause or suspected cause of such damage.
(d) The amount of the reimbursement shall not exceed the estimated cost for installation of a new sewer lateral from the main sewer to the property line.
(e) All work shall be in conformance with town codes, ordinances and standards, including obtaining all necessary permits, inspections and approvals. (Ord. 550 § 2, 2012)