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HomeMy WebLinkAbout3073 Sewer Connection Outside City-Inside UGB ORDINANCE NO. 3023 AN ORDINANCE AMENDING AMC 14.08.030 CONNECTION - OUTSIDE CITY, INSIDE URBAN GROWTH BOUNDARY AND ADDING AMC 14.09.020 SEWER LATERAL OWNERSHIP Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, State requirements for allowing properties outside the City to be connected to the City's sewer main have changed, and the City of Ashland desires to amend the code to reflect current regulatory requirements for such connections. WHEREAS,the City of Ashland has historically conditioned permission to connect to the City's sewer main on commitments by property owners to maintain, repair or replace building sewer laterals from the building to the public Sewer Main. WHEREAS, the City of Ashland desires to codify historic practices to establish workable and uniform decision making. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 14.08.030 is hereby amended to read as follows: 14.08.030 Connection - Outside City, Inside Urban Growth Boundary An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. Ordinance No. Page 1 of 4 B. in the event a dwelling or building eepineeted to the sewer systefn, is subsequefifly FePla the Gity as long as the use of the sewer systeffi will net be inereased as deteffnined by the rl:«..,d.... ,.f P-1bli,, lV,..d... C-B. The applicant shall be responsible for pays the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. DC. The applicant shell-seeure secures, in writing, statements from the Jaeksoft County appropriate regulatory authority that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the deeksen County Compr-ehensive Plan, support deeuments, rules, or state and local laws, rules and regulations. ED. The applicant furnishes to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. EE. The applicant shall provides for the payment to the City by at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. GF. The owner shall executes a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. HG. That The land is within the Urban Growth Boundary. H. In the event of connecting a replacement dwelling or building to the sewer system, the connection does not increase use of the sewer system as determined by the Director of Public Works. SECTION 2. Chapter 14.09.020 is hereby added to read as follows: 14.09.020 Sewer Lateral Ownership A. Definitions 1. "Building Sewer Lateral" refers to the extension of the sewer pipeline from the building drain to the public sewer main line. 2. "Sewer Main" is the public sewer system, typically comprised of 6-inch and larger pipelines located within public right-of-ways or easements. Ordinance No. Page 2 of 4 3. "Sewer Connection" is the location where the sewer lateral connects to the Sewer Main, including any pipe fittings or materials used to make the connection. 4. "Property Owner" means any person, firm, partnership or corporation. 5. "Deficiency of a Service Lateral" means a defect (broken pipe, leaky joints, protruding service, etc.) in the service line or connection to the main line that results in infiltration, obstructs flow, creates a subsurface void, allows wastewater to exriltrate, or creates a risk of sanitary sewer overflows. B. Ownership and Responsibility 1. It shall be the responsibility of the property owner to repair or replace any building sewer lateral showing any defect including, but not limited to, leaks, breaks, settlement, or stoppages. Any loss or damage to any public facility caused either by improper installation or maintenance procedures will also be the property owner's responsibility. 2. The City reserves the right to cease water and/or sewer service to the Property owner in the event that a significant deficiency is not corrected in a timely manner by the property owner after being notified by the City. 3. In the event that the City installs or relocates a building sewer lateral within a public right-of-way for purposes other than to correct deficiencies in the property owner's building sewer lateral, the city shall maintain the sewer lateral for one year from the date of final inspection. Maintenance after this date becomes the responsibility of the property owner. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. _ Page 3 of 4 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the_Iday of 2012, and duly ASSED and ADOPTED this_;Z4--day of 2012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this o/or day of-4aA/2012. J n Stromberg, Mayor Reviewed as to form: X, /;,-�) /'�f�L e-— D H. Lohman, City Attorney Ordinance No. Page 4 of 4