MIDWAY PARK SEWER ORDINANCE

MIDWAY TOWNSHIP LATERAL LINES AND SUMP PUMP ORDINANCE

In keeping with the mandate of the Western Lake Superior Sanitary District, this ordinance will take effect February 1, 2020.

(1) All lateral lines located within the Town of Midway will be inspected for defects and infiltration according to the following system.

a. For laterals already filmed with the main sewer reconstruction, the property owner will receive a report on its condition and, depending on severity of defects will be required to make necessary repairs within the timelines stated in this ordinance.

b. The remaining properties yet to be filmed will be filmed at the cost of the Town with reports going to the property owner as stated in a. above. Property owners are required to make the property available for inspection. If the homeowner has had the line filmed on his or her own, they will be reimbursed for the cost up to the amount the town has paid for this service, providing a copy of the filming, by a certified contractor, is provided to the town for their records. If a 'house trap' is discovered which prevents the lateral filming, it shall be the homeowner's responsibility to have it removed to facilitate the filming.

c. Any property subject to a transfer of ownership will be required to obtain a report on the results of the filming, stating any repairs done or yet to be done and provide an agreement as to who will be making necessary repairs according to the timelines stated in this ordinance, and establish an escrow account for the estimated cost. This escrow can be provided by either the buyer or seller.

d. Once a property is deemed to be in compliance either by initial filming or after repairs or replacement, a certificate of compliance will be issued and future inspections will be required at point of sale. Any property less than ten years old, or the lateral replaced within the last ten years, will be considered in compliance, however the town reserves the right to film the service for their records, and require repairs if defects are found. Exception: If there is evidence of failure brought to the attention of the Town.

e. Force main lines, because of their nature, that show signs of fracture will be required to be repaired immediately. A certificate of compliance will be issued providing there are no signs of leakage.

(2) Timelines for inspections and repairs will be as follows.

a. For any defect found in prior inspections or future inspections, the property owner will be required to make necessary repairs by a licensed contractor within 120 days of notification. A grace period will be granted for winter and construction seasons, however in no event will the grace period extend beyond the next construction season.

(3) In order to gain compliance with this ordinance, any property owner who fails to make the required repairs will be subject to fines to be added to their utility bill. First month $100.00, second and additional months $ 250.00 until repairs are made. All fines can be appealed to the town board.

(4) New shared laterals are not allowed. If any shared laterals are found to be in existence, an agreement between the property owners will be required to be recorded stating responsible parties in the event of needed repairs.

(5) Once a property has been filmed, repaired, or determined to be free of defects, they shall be considered to be in compliance and inspections will then be required only at point of sale, or at the town discretion, if conditions warrant further testing.

Sump Pumps

(6) All properties are required to have and maintain a ground water diversion system, either through sump pumps directing ground water away from the home and out of the sanitary sewer, or via a day light drain, gravity system.

a. The Town will conduct inspections of foundation drain systems to ensure ground water is not entering the sanitary sewer on a rotating basis insuring every property is inspected at least every 5 years. A certificate of compliance will be issued good for 5 years, providing there is no evidence of noncompliance.

(7) Any property found out of compliance will be required to make corrections immediately or face a fine of $ 250.00 per month of noncompliance added to their utility bill. Any property owner who feels he or she has been unjustly treated, or who has a special circumstance that could affect his or her compliance with this ordinance can appeal staff decisions to the Town Board within thirty days of notification of required repair.

(8) The town clerk, treasurer, or other appointed official, responsible for keeping records shall, when assessment records are requested in the event of a property sale, provide a statement detailing the property's compliance or lack of compliance with this ordinance to ensure all parties are aware of their obligations to maintain properly functioning systems.

Jim Aird, Town Board Chairman/Sewer Director