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)