Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:
(a) City shall mean the City of Linn Valley, Kansas, or its designee.
(b) Customer means any person, firm, or corporation who receives sewer service from the public authority under either an express or implied contract.
(c) Dwelling means any single structure, with auxiliary buildings, occupied by one or more persons or households for residential purposes.
(d) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(e) Grinder Pump consists of an assembly with a sewage grinder contained in a lidded basin used to pulverize solid waste and discharge into a public sewer system.
(f) Household means any person or persons living as a family group.
(g) Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
(h) Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(i) Person shall mean any individual, firm, company, association, society, corporation, or group.
(j) Premise means any tract of land or any structure or group of structures operated as a single residence, provided, however, the term “premise” shall not include more than one (1) dwelling.
(k) Public Authority shall mean the public body that controls any works within its jurisdictional boundaries or a lawfully designated area necessary to provide a public sewer. Such a public body shall have control of such works by ownership, lease, easement or other lawful agreements. The public body is responsible for acquiring all required permits and operating all works in accordance with the laws and regulations of the City, State of Kansas, and of the United States.
(l) Public Sewer System shall include grinder pumps and service lines to the main line, all lines discharging into the lagoons including pumps, meters and associated equipment, and lagoons.
(m) Private Sewage Disposal System shall mean an in ground tank for the purpose of holding sewage with removal of sewage by mechanical pumping into a transport vehicle, with no other discharge outlet.
(n) Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
(o) Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
(p) Service line shall consist of the pipe line extending from any sewer main of the public authority to private property. The service line shall be construed to include the pipe line extending from the public authority’s sewer main to and including the grinder pump.
(q) Shall is mandatory; May is permissive.
(r) Required Changes- changes initiated by the city and necessary due to the requirements of the system or ordered on the advice of the engineer
(s) Decommissioning of Holding Tank-treatment or alteration of a sewage holding tank such that said tank is no longer useable to hold sewage or water, either by the physical destruction of key portions of the tank, or the removal of the tank, or by filling the tank with a material that precludes using the tank to hold sewage or water.
(t) Approved Installer- A plumber or plumbing company that has met the requirements of this article and has been qualified to install low pressure sewer systems within the city.
(Ord. 169; Ord. 171; Code 2021)
(a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.
(b) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
(c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(d) The owner of every house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city in any area served by a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within sixty (60) days after date of official notice to do so. Billing for sanitary sewer service will begin the date of official notice to connect to the public sewer.
(e) Obtaining service. A formal application for service must be made and be approved by the public authority before orders to connect to the public sewer system or to install a grinder pump will be issued and work performed.
(f) Application for service. Each prospective customer desiring sewer service will be required to sign a standard user’s permit form before service is supplied. If, for any reason, a customer, after signing an application for service, does not take such service by reason of not occupying the premises or otherwise, he or she shall reimburse the public authority for the expense incurred by reason of its endeavor to furnish said service. The receipt of a prospective customer’s application for a user’s permit, regardless of whether or not accompanied by a deposit, shall not obligate the public authority to render the service applied for. If the service applied for cannot be supplied in accordance with the provisions of this article and general practice, the liability of the public authority to the applicant shall be limited to the return of any deposit made by such applicant.
(g) New Connections To Grinder Pumps. Service lines will be laid by the public authority from the sewer main to the grinder pump, which shall meet the specifications set by the public authority and which shall be provided by the customer and at the expense of the customer. The location of such lines will be determined by the public authority. When a service line is completed, the public authority shall be responsible for the maintenance and upkeep of such service line from the main to and including the grinder pump and such portion of the service line shall belong to the public authority. That portion of the gravity service line beyond the grinder pump shall belong to and be the responsibility of the customer. New customers having a grinder pump installed will pay a connection fee, the amount of which shall be set by resolution of the City Council and which may be altered by them from time to time.
(h) Design of Initial Individual Connections within the Sewer Service Area. For the properties included in the initial sewer service area, as covered by the Rural Development grant and loan, the design of each individual property’s connection to the public sewer system will be made by the City’s engineer prior to the commencement of construction. Once construction on the overall project begins, any Required Changes in the design will be paid for by the City. Any Preferential Changes will be paid for by the Property Owner. All such Preferential Changes will be paid for by the Property Owner prior to approval of the Design and prior to the initiation of the connection process on the Property Owner’s property.
(i) Design of Subsequent Individual Connections. For any property within the sewer service area to be connected to the public sewer system, the design of an individual property’s connection, including the location of the service line, the grinder pump, and the electric service panel, shall be approved by the public authority in writing prior to the application for connection being approved. All costs of said design and connection shall be the responsibility of the property owner. All such installations shall be done by an Approved Installer.
(j) Qualifications of an Approved Installer. The City shall maintain a list of Approved Installers for the low-pressure sewer system described herein. Any person or company wishing to be included on said list must make application to the Building Inspector for said inclusion and must provide documentation that the person or company meets the following requirements:
(1) Be a contractor who is licensed and insured to do business within the City of Linn Valley
(2) Be bonded at least in an amount in excess of $50,000.
(3) Have documented experience with low-pressure sewer systems.
(4) Demonstrate familiarity with the eOne system requirements and specifications as provided by the City or its Engineer.
(5) Agree in writing to install the system required by the City, including all of the required subsidiary components.
(6) Agree in writing that the final tap into the public sewer line shall be done by the City at contractor’s expense.”
(Ord. 169; Ord. 171; Ord. 172; Code 2021)
(a) Where a dwelling or business is situated within an area served by a public sewer system, such a dwelling or business shall connect to the sanitary sewer system. If a sanitary sewer system is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of City Code and regulations covering such systems.
(b) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the City Code, City Ordinances and Regulations of the Kansas Department of Health and Environment. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities. No septic tank shall be permitted to discharge to any natural outlet.
(c) At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this resolution/ordinance, and any septic tanks and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(d) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner established by the public authority. The public authority is responsible for the regular inspection of septic tanks and similar private sewage disposal facilities. The owner shall pay for the cost of replacing such facilities.
(e) No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the City Building Inspector.
(f) When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt, or be otherwise decommissioned.
(Ord. 169; Ord. 226; Code 2021)
(a) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(b) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City, to a storm sewer, combined sewer, or natural outlet.
(c) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.
(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, disposable wipes, paper towels, rags, tar, feathers, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) Any waters or wastes having (1) a 5-day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the City. Where necessary in the opinion of the City, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(d) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the City that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F (65 degrees C).
(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F (0 and 65 degrees C).
(3) Any garbage that has not been properly shredded, including cleaning wipes, baby wipes, kitty litter, gravel, cloth, diapers, plastic objects, metal objects, cotton swabs, or such objects or materials causing damage, clogging, or disruption of normal flow or function of the sewer or sewage treatment process. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the City.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City for such materials.
(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State or Federal regulations.
(8) Any waters or wastes having a pH in excess of 9.5.
(9) Materials which exert or cause:
(A) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(B) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(C) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(e) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection (d), and which in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may:
(1) Reject the wastes,
(2) Require pretreatment to an acceptable condition for discharge to the public sewers,
(3) Require control over the quantities and rates of discharge, and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection (j).
If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City, and subject to the requirements of all applicable codes, ordinances, and laws.
(f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City, and shall be located as to be readily and easily accessible for cleaning and inspection.
(g) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(h) When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(i) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hr composites of all outfalls whereas pH’s are determined from periodic grab samples.)
(j) Discontinuance or refusal of service. The public authority shall have the right to discontinue sewer service or to refuse to connect service for a violation of, or a failure to comply with, any of the following:
(1) These rules and regulations.
(2) The customer’s application for service.
(3) The customer’s contract for service.
Such right to discontinue service shall apply to all service received through a single connection or service, even though more than one (1) customer or tenant is furnished service therefrom, and even though the delinquency or violation is limited to only one such customer or tenant. Discontinuance of service by the public authority for any cause stated in these rules and regulations shall not release the customer from liability for service already received or from liability for payments that thereafter become due under other provisions of the customer’s contract. No service shall be discontinued unless the customer is given reasonable notice in advance of such impending action and the reason therefor. The customer shall also be notified of his right to a hearing prior to such disconnection if he disputed the reason therefor and requests such hearing by the date specified in the notice. When a hearing is requested, the customer shall have the right to have a representative at such hearing and shall be entitled to testify and to present witnesses on his behalf. Also, when such hearing has been requested the customer’s service shall not be terminated until a final decision is reached by the hearing officer and the customer is notified of that decision. When a customer’s service has been discontinued hereunder, the customer’s dwelling shall be deemed unhabitable until service has been restored. The Building Inspector is authorized to issue orders to that effect.
(k) Re-connection charge. Whenever service has been discontinued as provided for above, a re-connection charge of Two Hundred fifty dollars ($250.00) shall be collected by the public authority before service is restored.
(l) Termination of service by customer. Customers who have fulfilled their contract terms and wish to discontinue service must give at least three (3) days written notice to that effect unless the contract specifies otherwise. Notice to discontinue service prior to the expiration of a contract term will not relieve the customer from any minimum or guaranteed payment under such contract or applicable rate schedule. When service is being furnished to an occupant of premises under a contract not in the occupant’s name, the public authority reserves the right to impose the following conditions on the right of the customer to discontinue service under such a contract:
(1) Written notice of the customer’s desire for such service to be discontinued may be required; and the public authority shall have the right to continue such service for a period of not to exceed ten (10) days after receipt of such written notice, during which time the customer shall be responsible for all charges for such service. If the public authority should continue service after such ten (10) day period subsequent to the receipt of the customer’s written notice to discontinue service, the customer shall not be responsible for charges for any service furnished after the expiration of such ten (10) day period.
(2) During the ten (10) day period, or thereafter, the occupant of premises to which service has been ordered discontinued by a customer other than such occupant, may be allowed by the public authority to enter into a contract for service in the occupant’s own name upon the occupant’s complying with these rules and regulations with respect to a new application for service.
(m) Wastes from holding tanks. No person shall discharge holding tank waste into the public sewer unless he shall have applied for and have been issued a permit by the public authority to do so. Unless otherwise allowed under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. The permit shall state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, and shall limit the wastewater constituents and characteristics of the discharge. Such user shall pay any applicable charges or fees therefor, and shall comply with the conditions of the permit issued by the public authority.
(n) No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern.
(o) Violations.
(1) Any person found to be violating any provision of this chapter shall be served by the public authority with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(2) Any person who shall continue any violation beyond the time limit provided for in subsection (1) shall be guilty of a misdemeanor, and on conviction thereof shall be fined under the general penalty clause for this resolutions.
(3) Any person violating any of the provisions of this chapter shall become liable to the public authority for any expense, loss, or damage occasioned the public authority by reason of such violation.
(4) Any Dwelling which is required to be connected to a public sewer system and is not properly connected to the public sewer system as described above shall be deemed to be uninhabitable due to unsafe and unsanitary conditions and the Building Inspector is authorized to order the Dwelling vacated until the Dwelling is properly connected to a public sewer system.
(5) The Dwelling on any Premises which contains a Dwelling that is required to be connected to the public sewer system and which contains a septic system or holding tank that has not decommissioned as described above, shall be deemed to be uninhabitable due to unsafe and unsanitary conditions and the Building Inspector is authorized to order the Dwelling vacated until the offending condition is corrected in compliance with this article.
(Ord. 169; Ord. 226; Code 2021)
(a) Access to customers’ premises. The public authority’s identified representatives and employees shall be granted access to all customers’ premises at all reasonable times for the purpose of reading meters, for testing, inspecting, repairing, removing, and replacing all equipment belonging to the public authority, and for inspecting customers’ plumbing and premises generally in order to secure compliance with these rules and regulations. The City and duly authorized employees or designees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(b) The City or its representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(c) While performing the necessary work on private properties, the City or duly authorized employees or designees shall observe all safety rules applicable to the premises established by the public authority. If a company owns said property, the public authority rules shall be used to develop safety rules for the company’s property. The landowner or controlling party of the private properties shall be held harmless for injury or death to the public authority’s employees and the public authority shall indemnify the company against loss or damage to its property by its employees and against liability claims and demands for personal injury or property damage asserted against the landowner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the landowner to maintain safe conditions.
(Ord. 169; Code 2021)
(a) No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. No unauthorized person shall uncover, make any connections with, opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. No unauthorized person shall disconnect or disable from electrical power connecting to any part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(b) Customer’s responsibility for system’s property. Except as herein elsewhere expressly provided, all service connections, and other equipment furnished by or for the public authority shall be and remain the property of the public authority. Each customer shall provide space for and exercise proper care to protect the property of the public authority on his premises. In the event of loss or damage to such property, arising from the neglect of a customer to care for it properly, the cost of necessary repairs or replacements shall be paid by the customer.
(c) Customer’s responsibility for violations. Where the public authority furnishes sewer service to a customer, such customer shall be responsible for all violations of these rules and regulations which occur on the premises so served. The Customer shall be held liable to the public authority for all expenses incurred for loss and damage on their premises where violations of this code occur. If the bill is not paid within 30 days of completion of repair, the City shall be authorized to add the unpaid portion of said bill to the property’s sewer bill. Any unpaid portion of said bill, not paid by the property owner within 90 days shall become a lien against the property to the extent and through the process allowed by Kansas statute.
(Ord. 169; Ord. 226; Code 2021)
(a) Any person found to be violating any provision of this article, except 15-206, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(b) Any person who shall continue any violation beyond the time limit provided for in subsection (a) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding five hundred ($500) dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions or this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
(d) Interruption of service. The public authority will endeavor to furnish continuous sewer service, but does not guarantee to the customer continuous service. The city shall not be liable for any damages for any interruption of service whatsoever.
(e) Schedule of rates. All sewer service shall be furnished under such rate schedules and/or user’s permit as the public authority may from time to time adopt by appropriate ordinance or resolution.
(Ord. 169; Code 2021)
(a) Permanent Residence shall be defined herein as a dwelling occupied on any other than a temporary basis.
(b) Temporary Residence shall be defined herein as a dwelling occupied for a period of 14 days or less at one time and occupied fewer than 60 days in any year.
(c) Tent shall be defined herein as a portable shelter made of fabric or other material stretched over or secured to a supporting framework.
(d) Codes Enforcement Officer shall refer herein to any official or designee of the City authorized to enforce codes, to inspect properties or to issue citations on behalf of the City.
(e) No person shall occupy a tent as a Permanent Residence within the City of Linn Valley.
(f) No person shall occupy any dwelling, residence or structure as a Permanent Residence within the City of Linn Valley unless said dwelling, residence or structure contains an approved and operable sewage holding tank or is connected to an approved in-ground holding tank or an approved sewer system.
(g) If the City Codes Enforcement Officer has reasonable cause to believe that an unsafe or unsanitary condition may exist as a result of violation of subsection (f), he/ she is authorized to enter upon the property to determine the existence of said condition and the extent of the danger posed by said condition.
(h) The City Codes Enforcement Officer is hereby authorized to issue a temporary “NO OCCUPANCY” ORDER upon citing a person for violation of subsection (f). Said Order may be appealed in writing to the City Council or by means of a motion to dismiss said order filed in the Municipal Court. Such appeal to the City Council shall be heard by the Council at its next regular meeting or, at the Council’s discretion, in a special meeting prior to the next regular meeting, called to hear said appeal. A motion to the Municipal Court to dismiss the Order shall be heard by the Court in its next sitting after said motion is filed.
(i) Any person convicted of violating this section may be fined up to $500 per day the violation exists and may be ordered by the Court to vacate the Permanent Residence until it complies with this section and all other city codes and ordinances.
(Ord. 178; Code 2021)
(a) All residences within Sewer District No. 1 of the City of Linn Valley shall be connected to the Linn Valley sewer system.
(b) A building permit issued by the City is required for construction of all residences.
(c) Documentation required with an application for a building permit for a residence in the sewer district shall include:
(1) Report from the city designated engineer of the feasibility, design, and approval of connection to the sewer system for the property identified in the application.
(2) Signed and notarized easement for property identified in the permit application.
(3) A copy of the contract with a city approved installer for installation of the sewer grinder pump system.
(d) Cost of engineering report will be paid by the permit applicant. Payment will be made to the city and shall be due with submission of building permit application.
(e) Fees for connecting to the sewer system are due upon approval of the building permit and shall be in addition to fees for the residence construction permit. Included in the permit fee are the grinder pump and proprietary hardware, tap to the mainline of the sewer by the city sewer operator, inspection of installed system, and administrative costs. The property owner shall be responsible for all other costs for connection to the system. Fee for connection to the sewer system shall be established by resolution.
(Ord. 225; Code 2021)
Private sewage holding tanks and private water storage tanks (cisterns) shall:
(a) Be constructed of precast, reinforced concrete.
(b) Comply with the standards of the Kansas Department of Health and environment (KDHE)
(c) Have a minimum capacity of 1,500 gallons.
(d) The tank bedding layer below the tank shall be compacted and have a minimum 4” level gravel base. The holding tank shall be back filled evenly on all four sides in 12” compaction lifts.
(e) The location of the sewer holding tank shall be such as to maintain not less than the following required separation distances:
50’ from a pond or lake not used for drinking water.
5’ of undisturbed soil between a (cistern) water holding tank and the sewer holding tank.
10’ from a potable water line.
5’ from a habitable building
10’ from the property line.
15’ from the front property line
(f) Be accessible to a pumping vehicle, within a maximum distance of twenty feet between the vehicle and the removable lid of the tank.
(Ord. 233; Code 2021)