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City of Menan

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TITLE 5 PUBLIC UTILITIES AND PROPERTY

CHAPTER 1 SEWER CONNECTIONS AND CHARGES

SECTION 5-1-2 CONNECTION TO SANITARY SEWER REQUIRED

Every parcel of land or premises within the boundaries of the City of Menan, improved for occupancy and occupied or used by any person or persons, shall be connected to the public sanitary sewer system. Inflow (storm drain) sources, or ground water infiltration into the sanitary sewer system shall neither be required nor permitted. The owner or person in charge of such land shall make or cause to be made such connection within sixty (60) days after receiving official notice from the City to so connect. All charges associated with the laying of pipe from the homes or facilities to be serviced to said mains shall be borne by the property owner. All such connections to the City's mains shall be properly designed and constructed in conformity with requirements specified by the City.
   
  5-1-3                        DOMESTIC AND COMMERCIAL USER CHARGES (INSIDE CITY):
   
  (A)          General: This is a user charge for a small community which follows model number one in Appendix B of the Federal Register dated 9-27-78. This treatment work is primarily flow dependent and will utilize the equivalent user concept. A sewer user charge shall be levied on all users of the sewage collection and treatment facilities, for the purpose of allocating among such users the costs of operation, maintenance, replacement and financing of this facility in approximate proportion to each user's contribution to the total wastewater load of such facilities. 
   
  (B)           Basis for User Charge: The sewer user charge shall be based on the user's contribution to the total wastewater loading of the treatment facilities in comparison to a standard, equivalent user as defined. The sewer user charge for each user shall be in accordance with the equivalent user schedule established below. The sewer user charge for a single user having more than one classification of use shall be determined by adding together the equivalent users for each classification. The user charge for special users contributing sewage of excessive flow and/or strength, for which the tabulated equivalent users below do not apply, shall be individually calculated users provided below. The monthly fee to be paid by each user shall be computed by multiplying the sewer user charge for each user by a constant monthly factor which shall be as set by the Menan City Council. The minimum sewer user charge shall be one (1) equivalent user.
   
  (C)          Definition of Equivalent User: One equivalent user shall be defined as contributing 350 gallons per day of wastewater containing not more than 0.7 pounds of 5-day Biological Oxygen Demand and 0.7 pounds of suspended solids. The equivalent user flow has been developed from population and sewer usage records which indicate an average single dwelling unit has 3.5 people contributing 100 gallons per day. Standard engineering data indicates 0.2 pounds of 5-day Biological Oxygen Demand and 0.2 pounds of suspended solids respectively per person per day. The basic equivalent user shall be subject to revision if population, water usage, sewage volume and/or other information indicates flow and/or strength is significantly different from that defined herein. Revision of the basic equivalent user criteria shall normally only be made upon the recommendation of a registered, professional engineer.
   
  (D)          Equivalent User Schedule: The number of equivalent users that shall comprise the sewer user charge for each user and/or user class shall be in accordance with the following equivalent user schedule in the absence of flow information. Assignment of equivalent users shall apply for one (1) year until the next annual user charge review. Users so indicated, or not included in this schedule, shall be considered special users and shall be evaluated separately as provided below. If and when the information indicates that the strength of sewage contributed by any of the following users is in excess in comparison with the allowable limits listed above, then a surcharge shall be levied against such users as provided below. Any of the users in the following schedule may be classified as special users if information on their contribution flow and/or strength indicates a need to do so.
   
  EQUIVALENT USER SCHEDULE
  1.0 Minimum
   
          Assembly Hall or Lodge   (no cafe)      1.00  
        Bar Tavern (for each seat)      0.06  
        Barber & Beauty Shops (per   chair)      0.20  
        Cafe, up to 50 seats      2.00  
               (for   each additional 25 seats)      1.00  
        Cafe, Drive-Inn, less   than 20 inside seats      2.00  
               (for   each additional 20 inside seats)      1.00  
        Bowling Alley (per lane)      0.50  
        Car Washes, per stall      2.00  
        Churches (single congregation)      2.50  
                 (multiple congregations for each addit.)      2.50  
        (for churches w/kitchen additional)      1.00  
        Garage or Maintenance Shop      1.00  
        Hospitals or Medical Clinics (w/no beds)      3.00  
               (for each additional bed)      0.50  
        Hotels, Motels (per unit)      0.38  
               or   Rooming House (addit. per unit w/kitchen)      0.20  
        Office, up to 20 employees      1.00  
               (for   each additional employee)      0.03  
        Trailer Parks         
        Permanent Resident Trailers      1.00  
        Overnight Trailers      0.38  
        Sanitary Waste Dump Station      5.00  
        Swimming Pools, per   average person      0.06  
        Laundromat, up to 10 washers      4.00  
               (each   additional washer)      0.30  
        Institutions w/permanent   or temporary residents      1.00  
        Rest homes, etc. (plus per resident)      0.30  
        Seminary (per student)      0.014  
        Schools no cafeteria,   per student      0.02  
               (with   cafeteria, per student)      0.0281  
        Service Station      2.00  
        Single Dwelling   Unit (residence, apartment or trailer)      1.00  
        Store or   Business, up to 20 employees       1.00  
               (each   additional employee)       0.03  
        Supermarkets, Grocery       2.00  
        (w/Butcher   Shop)       1.00  
        Open Class per   10,000 gallons/month       1.00  
 
   
  (E)           Surcharge for Excessive Strength: When any user contributes wastewater having an average biological Oxygen Demand and/or suspended solids loading in excess of the designated allowable limits hereinafter designated, a surcharge shall be levied against such user. Said surcharge shall apply to sewage strength in excess of 200 mg per liter of Biological Oxygen Demand and 200 mg per liter of Total Suspended Solids. Said surcharge is based only on operation and maintenance costs for the current year's city budget as determined in the user charge system. Said surcharge shall be levied against the user in excess of the charge provided in the user charge system schedule. The proportion of the Operating and Maintenance Costs (O & M Costs) shall be distributed as follows:
   
              Flow = 60%
              Biological Oxygen Demand = 20% x Costs of Operations and Maintenance.
              Total Suspended Solids = 20% x Costs of Operations and Maintenance.
              
  The Biological Oxygen Demand and Total Suspended Solids loading shall be determined from the tests averaged over the period made by City officials or the City Engineer. The monthly user surcharge shall be computed by use of the following equations:
   
  Biological Oxygen Demand/$Month = Total Flow/Month x Biological Oxygen Demand - 200 x 20% Equivalent Users Operations and Maintenance                   
  Tested
  200                  10, 500
   
  WHERE           : Flow is in Gallon
  : Biological Oxygen Demand tested is in ppm or mg/l
  : 200 is the allowable limit in ppm or mg/l
  : Equivalent Users Operations and Maintenance in ppm or mg/l
   
   
  Total Suspended Solids/$Month = Total Flow/Month x Total Suspended Solids - 200 x 20% x Equivalent Users Operations and Maintenance
  Tested
  200                  10,500
   
  WHERE           : Flow is in Gallon
  : Total Suspended Solids tested is in Parts Per Million or Milligram 
  Per Liter
  : 200 is in Parts Per Million or Milligram Per Liter
  : Equivalent Users Operations and Maintenance in Parts Per 
  Million or Milligram Per Liter
   
  A copy of the list of user surcharge, the characteristics of their sewage and the surcharge for each shall be kept on file at all times in the Office of the City Clerk.
   
  (F)           Special Users: If, in addition to excessive strength, a user is determined to add flow to the lagoon in excess of 10,000 gallons per month, the above formula shall be multiplied by a factor of total flow divided by 10,000 gallons per month. In order to determine the flow of this special user, the City may monitor sewage and water flow in order to determine total flow. The value of User's Monthly Charge computed in the formula above will be the same value as assigned single dwelling units. "UMC" represents the basic user's monthly charge computed as provided for above.
   
  (G)          Review and Revision of User Charges: The sewer water user charges shall, as a minimum, be revised annually and updated to reflect each user's actual contribution to the wastewater load of the sewer collection and treatment facilities. Any revision of the user charges shall be based on actual operation, maintenance, replacement and financial expenses and/or on significant changes in the total number of equivalent users, the total daily flow, the total daily Biological Oxygen Demand, and/or the total daily suspended solids. The city may install flow-measuring devices and/or collect wastewater samples at any time in any user's service line to determine actual usage as a basis for revision of the user's charge. Revisions due only to changes in expenses and user class shall be made by the City. Revisions involving user's flow, Biological Oxygen Demand and/or suspended solids shall normally only be made  by the city. Revisions involving user's flow, Biological Oxygen Demand and/or suspended solids shall normally only be made upon the recommendation of a registered, professional engineer. All changes in user charges applicable to the Ordinance shall be computed by the methods outlined herein.
   
  (H)          User Request for Change in User Charge: Any sewer user, who feels his user charge is unjust and inequitable as applied to his premises within the spirit and intent of the foregoing provisions may make written application to the City Council requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made. Any flow measurements and/or testing of wastewater shall be approved in detail by the City and/or its engineer. Review of the request by the City Council shall determine if it is substantial or not, including recommended further study of the matter for the City and/or user by a registered, professional engineer.
   
  5-1-4                        SEWER CONNECTION FEE: The sewer connection fee currently established shall continue for a period of two (2) months following August 21, 1986; thereafter, the connection fee for a user inside the City shall be as follows:
   
          Type of Sewer Connection      Connection Fee  
        Residential      $400.00  
        Commercial       $400.00  
 
   
  Any special connections not covered by the above schedules, including users outside the City, shall have connection fees set by the Mayor and the City Council in each individual situation.
  The foregoing fees are for the privilege of connecting with the City sewer, and all work necessary for making proper connection shall be done to the satisfaction of and under the supervision of the City Inspector and shall be paid for by the person desiring such connection; and further, such person shall pay a permit fee of $10.00 and inspection fee of $30.00. 
   
  5-1-5                        RULES GOVERNING CONNECTION FEES: 
   
  (A)          Any applicant for a sewer connection to any lot abutting
  on a street, alley or other right-of-way containing a main sewerline shall therefore pay the full connection fee. 
   
  (B)           In case wherein two (2) or more dwellings exist on any lot under the same ownership, and if any such dwellings are located to the rear of the other or if at least 75 feet (75') from the property line abutting on any street, alley or right-of-way containing a main sewer line, the rear dwelling shall be charged one-half the applicable full-connection fee where the owner thereof requested only one stub for dwellings on such lot and the same service lateral is used for all such dwellings.
   
  (C)          In any "Business Block," or shopping center containing more than one adjoining business or commercial establishment under one ownership, where more than one such establishment is connected with the same lateral but separate applications for service are made and separate billings requested, one of such establishments shall pay the applicable full-connection fee, and each additional establishment shall pay one-half the applicable connection fee required for connection of similar size.
   
  (D)          Any person owning unimproved real property which does not abut a street, alley or right-of-way containing a main sewer line and who subdivides the same for construction of dwellings, shall install at his own cost all collection lines acceptable to the City and connect the same to an existing main sewer line at a place to be determined by the City Council and all at the cost and expense of said subdivider. Each lot shall pay a hookup cost.
   
  5-1-6                        DOMESTIC AND COMMERCIAL USER CHARGES (OUTSIDE CITY): The sewer user charge for treatment of sewage collected outside of the City shall be computed by multiplying the number of equivalent users determined from the above schedule by 1.28. The purpose of this extra charge is used to compensate for expenses attributed to users outside the city limits which are not covered by city taxes.
   
  5-1-7                        METERED SERVICE: Whenever the Council shall deem it appropriate and in the best interests of the City and its citizens to require a user to have the sewer and/or water service to his facilities metered to more appropriately determine the amount of service provided such user by the system, the Council may by resolution require the said user to install a meter and/or meters which will accurately measure the services provided; and the Council may further establish by resolution the rates to be charged for such service as will properly pay the fair share of the services provided such user. The cost of the meter and its installation shall be borne by the user.
   
  5-1-8                        PENALTIES FOR VIOLATION; DELINQUENT ACCOUNTS
   
  (A)          Penalties for Violation: Any person who shall violate any provision of the Sanitary Sewer System Ordinance upon conviction thereof shall be deemed to be guilty of a misdemeanor, and shall be fined not to exceed $500.00 or imprisoned not to exceed thirty (30) days, or be both fined and imprisoned. Any violation of any or all provisions of this chapter for any one (1) day shall constitute a separate offense. In addition to such fine and imprisonment, such person shall be liable for any expense incurred by the City in enforcing this chapter. 
   
  (B)           Delinquent Accounts: When assessed fees are not paid within sixty (60) days after the due date, the City may disconnect such services or any other services the City provides, to a delinquent customer. In a case where one or more such services is discontinued for delinquency, it shall not be restored until such delinquency is paid in full or arrangements for payment have been made and approved by the City. In addition, a fee of $200.00 shall be assessed for restoring service that has been discontinued for delinquency. Such disconnection of service must comply with section 5-1-10 or amendments thereto.
   
  5-1-9                        BILLING PROCEDURES AND DUE DATE: Fees assessed for metered water, municipal collection and sanitation services, and sewage collection and treatment, shall be combined in one (1) monthly bill and shall be mailed or otherwise delivered to users monthly in the month following that month for which the service was rendered. The owner of each premises utilizing such services shall be deemed primarily liable for the payment of such fee. Acceptance by the City of payment from a tenant shall not constitute a waiver by the City of the owner's primary liability for charges for such services which were not paid by the tenant. The fee assessed for such services shall be due within fifteen (15) days of the date of mailing, or other delivery or each monthly billing. When the 15th day falls upon a legal holiday, or on a day when the City offices are not open for business, the next regular business day is considered as the final due date. Where remittances are made by mail, assessed fees shall be deemed paid on the date of mailing as shown by the postmark. A delinquency charge of ten percent (10%) shall be added to each delinquent bill for each period of thirty (30) days delinquency or fraction thereof. Failure to receive a billing for services rendered does not excuse the user from liability for services rendered.
   
  5-1-10                      TERMINATION OF SERVICES: In the event any owner or occupant fails to pay the monthly fees as set forth herein, or otherwise fails to comply with the provisions of this Chapter, then the City may terminate and disconnect sewer services to the premises receiving services or any other property owned by the customer receiving such services. Such termination of services shall conform to the following procedures:
   
  (A)          Whenever a bill becomes delinquent for more than sixty (60) days, or upon the customer's failure to comply with this Chapter, the City Clerk shall serve notice of termination through personal service by the Sheriff's Department to the customer and the customer's service may thereafter be terminated upon compliance with the procedure set forth herein. The notice of termination shall contain the following:
  (1)   The customer's name and mailing address;
   
  (2)   The address or addresses where service is being delivered;
   
  (3)    The customer's account number under which the default has occurred;
  (4)   A statement that the customer's account is delinquent and the amount of such delinquency as of a specified date, or a statement of the reason for the proposed disconnect;
  (5)   A statement that the customer is entitled to a hearing regarding the alleged default;
  (6)   The period of time within which the customer must appear for hearing; and
  (7)   A statement that if customer does not appear within thirty (30) days to request a pre-termination hearing, the amount of the delinquency or the default will be deemed to be correct and that the customer's sewer services may be discontinued immediately thereafter if the bill is not sooner paid or unless a written arrangement for payment of the billing satisfactory to the City Clerk is made, or unless the default is immediately corrected.
   
  (B)           The period of time in which the customer must appear to request a pre-termination hearing shall not be less than thirty (30) days and shall commence the day after the date the notice of termination is personally served by the Sheriff's Department. If the customer fails to request a pre-termination hearing within such time period and the bill has not been paid, or satisfactory arrangements for the payment thereof have not been made, or the customer's default has not been satisfactorily corrected, the City Clerk may immediately issue an order to discontinue service to such customer. If the customer appears at the hearing, the City Clerk shall hear the customer's complaint, review and examine the testimony and evidence presented and forthwith render a decision based upon such testimony and evidence upon the records of the City. The City Clerk may render a decision at the hearing or may render a decision in writing, and in such case shall mail a copy thereof to the customer. In the event the City Clerk finds the customer to be in default, the City Clerk shall advise the customer that his or her sewer service will be discontinued at the expiration of three (3) days after notice of the Clerk's decision is given or mailed, unless the customer's default is satisfactorily corrected before such date. Termination of sanitation service may be made of any or all accounts under the name of the customer in default, regardless of whether or not the default relates to the premises or account for which termination is ordered.
   
  (C)          Prior to termination, the City shall notify the State Health Department. Except in an emergency, sewer service disconnection will not take place after noon on Fridays, and shall not take place on Saturdays, Sundays, Holidays, or Holiday Eves.
   
  (D)          Reconnection of sewer will take place only after the reason for the termination has been remedied, including the payment of all overdue system fees and charges, deposits, disconnection fees and reconnection fees.
   
  (E)           The Notice of Termination shall also be published in the official newspaper of the City, at least thirty (30) days prior to the disconnection of services.