§ 30-72. Maintenance of LPS building sewer and maintenance fees.

The unified government accepts partial maintenance responsibility for some building sewers connected to the LPS system to the extent and under the conditions outlined as follows:

(1)

Limits. Only those portions of the building services that serve single-family residential units, and are downstream of the pump intake are accepted by the unified government for maintenance. The portion of the building sewer eligible for maintenance is hereinafter called the LPS building sewer. Building drains, nonpressurized portions of the building sewer, electrical service to the point of connection with the pump, pressurized building sewers that do not meet the definition of a low pressure sewer system, and all parts of building sewers for use other than single-family residential service are not accepted for maintenance.

(2)

Unified government's responsibility. The unified government's maintenance obligation for the LPS building sewer includes only service and repairs resulting from normal wear and tear and not damage to the LPS building sewer resulting from intentional, negligent or accidental abuse or misuse of the LPS building service.

(3)

User responsibility. The user shall be responsible for the initial installation of the LPS building sewer and shall ensure that the installation meets the technical requirements established by the director. The user shall provide electrical power to operate the pump, including the installation and maintenance of circuitry to the pump and the cost of electricity used by the pump. The user shall be responsible for the building drain and those portions of the building sewer that are not part of the LPS building sewer. The user shall bear the financial responsibility for service and repairs arising from intentional, negligent or accidental abuse or misuse of the LPS building service.

(4)

Right to enter. The director and his contractors reserve the right to enter upon the users' property, at reasonable times, to install, inspect, test, maintain and repair the LPS building sewer. This right of entry shall not include the right to enter the house or any other buildings located on the property. In the event access to the interior of a house or other building on the property is necessary to inspect, test, maintain and repair the LPS building sewer, advance permission to enter shall be obtained from the user prior to entry for such purposes.

(5)

Maintenance fee. The user shall pay the LPS maintenance fee set by the director for this maintenance in addition to the sewer service charge and other fees. Procedures for billing, collection, penalties for nonpayment, and appeals of the LPS maintenance fee shall be the same as for the billing, collection, penalties for nonpayment, and appeals for the sewer service charge.

(Code 1988, § 30-94; Ord. No. O-46-05, § 1, 6-2-2005)