Parowan

Chapter 1 -- SEWER DEPARTMENT

Section 18-1-1. Sewer Department Established Section 18-1-2. Sewer Superintendent Section 18-1-3. Duty to Connect to Sewer Section 18-1-4. Operation of Existing Private Sewer Systems Section 18-1-5. Discharge of Certain Items Prohibited Section 18-1-6. Penalty for Failure to Obtain Alteration Permit

18-1-1. Sewer Department Established. There is hereby established a Sewer Department which shall operate and maintain the City sewage disposal and waste treatment facilities. The department shall maintain the City sewer system at the standards which are required from time to time by the State Health Department and shall recommend such action as it deems necessary to the City Council for upgrading and expanding the system.

18-1-2. Sewer Superintendent. The Sewer Department shall be headed by a Sewer Superintendent who shall have general direction of the Department. He shall be responsible to see that the Sewer Department carries out its functions in an efficient and workman like manner. The Superintendent shall report to the Mayor and City Council from time to time as the same shall direct. The Superintendent shall be appointed by the Mayor, with the advice and consent of the City Council, and shall serve at the pleasure of the Mayor.

18-1-3. Duty to Connect Sewer.*** All owners of property in the City which are within three hundred (300) feet of a boundary of any street in which there is a sewer line, and all owners of property in the City which is within three hundred (300) feet of any other sewer line shall connect to the City sewer system. No private sewer system shall be installed and maintained within the City except for property which does not meet the above criteria.

18-1-4. Operation of Existing Private Sewer System. In cases where private sewer systems are already in existence, within the boundaries of the City, those systems may continue in operation but may not be reconstructed, reinstalled, modified, enlarged, nor receive any new connection thereto after the effective date of the Ordinance which shall be February 6, 1985. Said private system while in existence, shall be maintained in accordance with the standards promulgated by the Utah State Board of Health and shall be kept in good operating condition. No private sewer system shall be maintained if said system is determined by the building inspector of the City to constitute a hazard to surrounding property owners, the underground water supply, or the general health and welfare of the inhabitants of the City.

18-1-5. Discharge of Certain Items Prohibited. It shall be unlawful for any person to connect to the City sewer system any drain pipe which discharges into sewer system any rain water or surface water. It shall be unlawful for any person to discharge into the City sewer system any acids, alkalies, lye, gasoline, oil, grease, or other flammable substances. Any person violating this Section shall be guilty of a misdemeanor and upon conviction thereof shall be liable to punishment by a fine in an amount not to exceed $299, or by imprisonment for a term not to exceed 6 months, or both such fine and imprisonment.

18-1-6.**** Penalty for Failure to Obtain Alteration Permit. It shall be unlawful for any person to lay, repair, alter or connect to any part of the City sewer system or to commence work for the same, without first having obtained a permit to do so from the Sewer Superintendent. Such permit must be physically present on the job site during the performance of all such work. Any person violating any provision of this Section either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Chapter 2 -- CONNECTION TO SEWER SYSTEM

Section 18-2-1. Application, Permit, Fee Section 18-2-2. Connection Agreement Section 18-2-3. Sewer Connection in Street Section 18-2-4. Inspection Section 18-2-5. Maintenance of Sewer Lateral

18-2-1. Application, Permit, Fee. Any person desiring to connect his property to the City sewer system shall apply for a permit to connect from the Sewer Superintendent. No connection shall be made until the Superintendent has issued a permit. A connection permit shall be issued only after the applicant has paid to the City the connection fee and other related fees and charges established by Resolution by the governing body from time to time.

18-2-2. Connection Agreement. Upon application for a permit to connect to the sewer system, and as a condition for receiving such a permit, each applicant shall sign the following connection agreement:

The undersigned hereby acknowledges that his premises located at (address) are about to be connected to the Parowan City Sewer System and hereby agrees to pay a sewer service charge for the use of said sewer as may be set forth from time to time by City Ordinance and in the event of a failure to pay the same, the City may shut off the City culinary water to said premises at its election. Applicant further agrees to be bound by all rules, regulations, and Ordinances for the control and use of the sewer system.

18-2-3. Sewer Connection in Street.***** Upon payment of the connection fee and issuance of the permit, the applicant shall be responsible for the installation of the sewer lateral to and including connection to the City sewer main and shall be responsible for all construction and expenses necessary to connect his premises thereto. All work on the connection shall be performed and completed under the direction of the Sewer Superintendent, Building Inspector, or City Engineer, and shall be in compliance with all other City Ordinances and State Codes, including but not limited to Parowan City's Excavation Ordinance.

18-2-4. Inspection. The inspection of all sewer connections shall be under the direction of the Sewer Superintendent. He shall be notified by the applicant or any person making the connection for the applicant that the sewer connection is complete and ready for inspection. The entire length of the sewer lateral, including the connection to the main shall be fully exposed. No backfilling shall be done until the inspection is made and the work accepted. If any of the work does not meet specifications, it shall be corrected before acceptance. No bituminous sewer pipe shall be used by the applicant in construction of the lateral line.

18-2-5. Maintenance of Sewer Lateral.***** Upon connection and acceptance of a sewer lateral to the City sewer system, it shall become the responsibility of the owner of the premises to maintain the lateral in good working condition. Any and all costs of repairs and/or cleaning of the entire length of said lateral, including portions of the lateral within the City right-of-way, shall be the sole responsibility of the premises owner. All repairs, maintenance, and work shall be performed and completed under the direction of the Sewer Superintendent, Building Inspector, or City Engineer, and should be in compliance with all other City Ordinances and State Codes, including but not limited to Parowan City's Excavation Ordinance.

Chapter 3 -- FEES

Section 18-3-1. Service Fees Section 18-3-2. Renters Deposit

Section 18-3-1. Service Fees.** Each owner or occupant of a premises that is located within three hundred feet of a sewer line and is mandatorily required to connect to the sewer system pursuant to Section 18-1-3, shall pay to the City for use of said service according to the following rate schedule:

a) Any premises which has less than 10 plumbing facilities, residential or commercial, regardless of whether said premises is a residence or a commercial building shall pay a monthly service fee of $22.00 per month for the first 10,000 gallons of water and an additional $0 for every 1,000 gallons of water used thereafter.

b) Each owner or occupant of a premises, that has more than 10 plumbing facilities, which shall include but not be limited to toilets, sinks, showers, jacuzzis, washers, etc. shall pay a monthly service fee of $22.00 per month for the first 10,000 gallons of water and an additional $0 for every 1,000 gallons of water used thereafter. c) Motels/Hotels or other multi-residential units which have both designated long term leasing and/or rental agreements wherein a tenant shall or would use the premise for a continuous period of more than 25 consecutive days, as well as temporary sleeping accommodations to the general public as overnight guests for a period of less than 25 consecutive days shall file a Declaration of Motels/Apartments Occupancy Notice.

All sewer fees shall be paid on a monthly basis along with water, garbage and electric billings. If anyone fails or refuses to pay the sewer service fees billed to him pursuant to this Resolution, after reasonable notice, all services to the resident shall be discontinued, including electrical, water, and garbage collection until such time as the account shall be brought current.

The City Offices shall administer the collection of all funds charged for utility services, including sewer fees.

Every consumer shall pay the assessed rate for services rendered in a timely manner. Payment shall be in the amounts and at the times determined by the management committee in accordance with this Ordinance. In the event that a consumer fails to make the required payments for use of the services within thirty (30) days of billing, any delinquent amounts due and owing shall constitute a lien on the interest of the owner in the property until the same has been paid in full. Upon recording a notice of lien by Parowan City, the same shall constitute a lien upon the property until the same has been paid in full, including all costs and expenses incurred in the filing and recording of the lien. The lien may be enforced by sale or foreclosure of the owner's interest in the property. The sale or foreclosure shall be conducted in the same manner as foreclosures in deeds of trust or mortgages or in any other manner permitted by law. The property owner shall be liable for all costs of foreclosure including reasonable attorney fees. Suit to recover a money judgment for unpaid common expenses is maintainable without foreclosing or waiving the lien securing it.

18-3-2. Renters Deposit. All renters or tenants of residential or commercial property in the City shall pay to the City, before using the City sewer system, the deposit which is required by Section 15-3-1, of the Parowan City Power Ordinance.

Chapter 4 -- SEWER EXTENSIONS

Section 18-4-1. No Private Sewer System Section 18-4-2. Sewer Extension Agreements Section 18-4-3. Penalty

18-4-1. No Private Sewer System. It shall be unlawful for any person or entity to plan, construct, own, or maintain any private sewer line or system in the City of Parowan except as permitted under the terms of this Chapter.

18-4-2. Sewer Extension Agreements. In the event that any person or entity desires to extend the Parowan City Sewer System to an area which is not presently served by said sewer system, such person shall do so only after applying for and receiving a permit as set forth in paragraph 18-1-6 hereinabove, and after executing a sewer extension agreement in the form approved by the City Council. Said agreement shall provide, among its terms, that the sewer system shall become the property of Parowan City upon completion and Parowan City shall collect, administer, and distribute any connection fees paid to the City after the completion of the sewer line in an effort to reimburse the builder of the sewer line for the actual cost of construction of the sewer line.

Such reimbursement shall be upon terms as agreed to by the builder and Parowan City in the sewer extension agreement.

18-4-3. Penalty.**** Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

**Section 18-3-1 Regarding Service Fees was amended on 01-21-87 (Refer to Ordinance No. 87-1); on 03-22-97 (Refer to Ordinance No. 97-5-5); on 09-24-98 (Refer to Ordinance No. 98-9-1); and again on 03-09-2001 (Refer to Resolution No. 00-03-1) The most recent amendment supersedes all other amendments. *****Sections 18-2-3 and 18-2-5 were amended on 03-11-1999 (Refer to Ordinance No. 99-3-1) ****Sections 18-1-6 and 18-4-3 were amended on 6-25-98 (Refer to Ordinance No. 98-6-3) ***Section 18-1-3 was amended on 02-18-87 (Refer to Ordinance No. 87-2) and again on 10-08-98 (Refer to Ordinance No. 98-10-01)

This entire Title 18 - Sewers was adopted by the City Council on October 20, 1967 (Refer to ordinance dated 10-27- 1967)

Dates of other ordinances pertaining to Title 18 - Sewers: January 11, 1971; November 24, 1969; October 2, 1967;