Title 4 PUBLIC UTILITIES
Chapter 4.04 SEWERAGE SYSTEM*
4.04.430 Mandatory sewer connection not required if cost excessive.
(a) Notwithstanding any other provision in this code, a property owner may
install and use a septic tank on his premises; provided, however, such owner
presents to the city administrator, or his designate, a clear and convincing
showing, substantiated by reliable evidence, that the cost is excessive for
installing a connection to an available public sewer line within three hundred
feet of the property line, considering the cost ordinarily associated with
connections for buildings within the city limits, and that the property owner
further shows by written certification from the county health department or the
department of health and environmental control, that the particular use of the
septic tank in the specific location does not present a threat to the
environment or to the health and sanitation of the community.
(b) After
approval and installation of a septic tank in accordance with this article, the
owner shall be solely responsible for maintaining the septic tank in all
respects and for preventing the septic tank from threatening the health and
sanitation of the community. In the event that the city should determine that a
septic tank installed pursuant to this article poses a threat to the environment
or the health and sanitation of the community, the city has the right to
terminate the use of the septic tank and require the applicant to connect to the
public sewer within thirty days after written notice is given by the
city.
(c) The provisions of this section shall not affect those agreements
in effect on March 8, 1983, between the city and certain property owners, for
whom the city maintains septic tanks, nor shall the provisions prohibit the city
from entering similar maintenance agreements when no sewer line is available
within three hundred feet of the property line. (Prior code §
4-1-60)
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