(a) Sewage from any habitable building, structure or property shall be discharged directly into the community sewage system when the system is available and within three hundred (300) feet of any property as defined herein, measured along a street, alley or easement to the encasement of the sewer system. Provided, however, if any existing habitable building or structure that requires or needs a sewer service is located on a property within three hundred (300) feet of the community sewage system, the owner of said property may request a waiver of the required connection from the city council, after review by the health official and public works director, if:
(1) The distance from any portion of the habitable building or structure to the community sewer system exceeds four hundred fifty (450) feet measured along the most direct route available by street, alley or easement to the encasement of the sewer system; or
(2) The topography or other natural barriers make the required connection impractical.
If the owner of said property, after review by the health official and the public works director, meets either of the criteria set forth above, then the owner may seek a waiver of the required connection to the community sewage system by filing an application therefor with the city clerk. The city clerk shall place the request on the next regular city council meeting agenda. Said waiver shall only be granted after a hearing and an affirmative vote of three-fourths (3/4) of all members of the city council. The city council in granting such a waiver shall have the power to place any reasonable restrictions or conditions on said waiver that the city council deems necessary to give effect to the intent of this section.
(b) When the conditions above do not exist, then a system meeting the requirements of NDEQ Title 124 shall be used. Chemical toilets may be used on a temporary basis when water carriage systems are not available (such as construction projects, emergencies or similar situations). When permitted, chemical toilets shall comply with provisions issued by the health official.
Whenever conditions change and the conditions above can be met, an individual sewage disposal system existing at the time shall be abandoned and the building or premises served shall discharge its sewage directly into the community sewage system. Such connections shall be completed within six (6) months after notice from the health official to do so. Such notice may be served by delivering the same personally to the owner, or by certified mail, return receipt requested, addressed to such owner at his or her office or place of residence, or by publication in a paper published and of general circulation in the city.
(c) Notwithstanding the provisions of subsections (a) and (b), any premises connected to an individual sewage disposal system need not connect to the community sewage system so long as it meets the requirements of NDEQ Title 124 and may continue to use the individual sewage disposal system as long as such system is adequate for the premises served and does not constitute a health hazard. Enforcement of subsections (a) and (b) shall be the responsibility of the health official.
(d) It shall be the responsibility of the owner of any premises to maintain the individual sewer line from the owner’s premises to the city sewer. In the event the owner’s sewer is located on a terrace adjacent to the property owned by someone other than the owner of the premises served by the sewer, or in the event where the private sewer line running to the city sewer is located on the property of another, the owner of the premises served by the private sewer line shall be responsible for the maintenance of the private sewer line. The owner of the premises being served by the private sewer line shall also be responsible for the replacement and repair of any paving, concrete, fencing, sod or other landscaping that are located on the property of another or on the terrace adjoining the property of another, when the same is damaged or destroyed in the performance of maintenance on the private sewer line.
(e) In the event a demolition permit is issued for any premises, the sewer service line shall be disconnected and capped at the property line before demolition of the structure shall occur. The water and sewer director shall file an affidavit with the county register of deeds reflecting the status of the sewer line at the time of demolition. The owner shall retain responsibility for the ownership and maintenance of sewer service line and any other service lines until they are properly disconnected at the sewer main. In the event extenuating circumstances, such as weather, do not allow the disconnection and capping of the sewer service line at the property line as outlined above, the water and sewer director may allow disconnection to occur at a later date. The disconnection, however shall occur no later than six (6) months following the demolition of said structure unless written approval is obtained from the public works director to disconnect at a time beyond six (6) months following demolition.
(f) Any existing or newly-constructed, privately-owned sewer service lines, whether located on city right of way or private property, which are connected to city sewer, shall be maintained by the owners of the sewer service line or the owners of the properties served by the sewer service line.
Source: Ord. No. 3014, § 2, 10-5-81; Ord. No. 3512, § 1, 10-19-87; Ord. No. 4137, § 2, 1-8-96; Ord. No. 5519, § 2, 2-5-18; Ord. No. 5563, § 49, 8-20-18;