G85-98 % • t
Ordinance No. G85-98
AN ORDINANCE
AMENDING CHAPTER 14 . 08 OF THE ELGIN MUNICIPAL CODE, 1976 ,
AS AMENDED, ENTITLED "SEWER SYSTEM"
WHEREAS, current city ordinances provide that the
adjoining property owner is the owner of and responsible for
the repair and maintenance of the sanitary sewer lateral
serving their property; and
WHEREAS, the City Council has determined that it is
necessary and desirable to provide for a limited sanitary sewer
lateral repair assistance program whereby the city under
specified circumstances would fund a portion of the repair of a
sanitary sewer lateral when such repair work is performed
within the public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Section 14 . 08 . 116 entitled "Sanitary
Sewer Lateral Repair Assistance Program" be and is hereby added
to the Elgin Municipal Code, 1976 , as amended, to read as
follows :
" 14 . 08 . 116 SANITARY SEWER LATERAL REPAIR ASSISTANCE
PROGRAM
Notwithstanding the provisions of Section
14 . 08 . 115 or other provisions of this code there is
hereby established a sanitary sewer lateral repair
assistance program. The city shall reimburse a
property owner for fifty percent ( 50% ) of the cost
for the repair to a sanitary sewer lateral up to an
amount not to exceed $5, 000 when the repairs to a
sanitary sewer lateral occur in the public
right-of-way. Applications for reimbursement shall
be submitted to the city' s director of public works .
The following standards shall be met prior to
reimbursement by the city for such sanitary sewer
lateral repair in the right-of-way:
A. The person seeking reimbursement must
establish that he is the owner of the property served
by the subject sanitary sewer lateral ;
B. The repairs to the sanitary sewer lateral
shall have occurred within the public right-of-way.
In the event of repair work both on private property
and within the public right-of-way only the repair
work occurring within the public right-of-way shall
be eligible for reimbursement;
C. Repairs which are eligible for
reimbursement shall not include rodding of the
sanitary sewer lateral or televising or other means
necessary to determine the cause of the deficiency in
the sanitary sewer lateral ;
D. The property owner shall obtain two written
estimates from licensed contractors . In the event of
repair work both on private property and in the
public right-of-way the estimates must clearly
identify separate costs for any work to be performed
on private property and any work to be performed in
the right-of-way;
E. The property owner shall clearly establish
that no less invasive means exists to repair the
sanitary sewer lateral;
F. The property owner shall contract for the
subject repair;
G. The subject repairs shall be inspected by
the city' s plumbing inspector and engineering
inspector. Upon excavation and exposure of the
alleged deficient area of the sanitary sewer lateral
the property owner or his contractor shall contact
the city' s inspectors to allow for an inspection to
determine that repair of the sanitary sewer lateral
in the right-of-way is necessary. Only necessary
repairs of sanitary sewer laterals in the
right-of-way will be eligible for reimbursement;
H. The repairs to the sanitary sewer lateral
and all associated work shall be performed in a
workmanlike manner and in conformance with all city
ordinances and other requirements of law;
I . The property owner shall submit evidence
that a claim was submitted to the property owner' s
insurance company for the subject repairs and that
such claim was denied. Any portion of the repairs
covered by insurance shall not be eligible for
reimbursement; and
J. The reimbursement by the city for the
repair shall be processed only upon completion of all
work including but not limited to restoration of the
right-of-way. "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force and
effect upon its passage and shall be deemed to have a
retroactive application to January 1, 1998 .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 14 , 1998
Passed: October 14 , 1998
Omnibus Vote: Yeas 6 Nays 0
Recorded: October 15, 1998
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk