Mishawaka Utilities

• Sewer Insurance Fund and Charges •

CONNECTION, PERMIT & INSPECTION FEES | SEWER RATES AND CHARGES

SECTION 50.115 Purpose, Assessment, Utilization

(A) The sum of $.50 per month shall be added as sewer insurance charges for all single family residential use sewer customers within the corporate limits of the City of Mishawaka. (This program does not include commercial, industrial, or bulk water customers.) All of the sums of money so collected shall be deposited in a separate fund of the City’s Wastewater Utility, entitled "Sewer Insurance Fund."

(B) All funds collected under § 50.119 of this subchapter shall also be deposited into this fund.

(C) All of the sums of money so collected shall be used solely to repair or replace failing private sewer connections, and for administrative and inspection costs associated with this program, including material, labor and equipment for sewer lateral repairs or inspection.

SECTION 50.116 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(A) "Private Sewer Connection" Includes the connection from the public sewer to the foundation wall of the structure located on private property.

(B) "Public Sewer" That sewer owned and maintained by the City for the collection of sanitary sewer effluent.

SECTION 50.117 Application of Funds

(A) Funds collected under this subchapter shall be used for:

(1) The payment of all costs in excess of $250 which the City Engineer declares to be directly attributable to the repair of a private sewer connection.

(2) All costs associated with the removal or replacement of public streets, curbs, and sidewalks.

(B) Funds collected under this subchapter shall not be used for:

(1) The payment of any costs associated with the removal or replacement of any shrubbery, plants, lawns, sprinkler systems, or other landscaping features on public or private property; any expenses incurred in tunneling under or replacing any surface improvements, such as bituminous or concrete driveways, patios, gas grills, utility lines, foundations, manholes and connections, and any other surface or subsurface improvements found on public or private property.

(2) All costs associated with the removal of a tree located in public right-of-way or on private property, if determined to be the cause of the private sewer connection problem.

SECTION 50.118 Limitation of Funds

(A) All costs associated with those items included in § 50.117(B)(1), above, shall not be insured under this subchapter.

(B) Manholes, connections, sampling equipment, meter pits and the like required to be placed at the owner's expense to permit monitoring in accordance with the municipal codes or state or federal pretreatment statutes shall not be insured under this subchapter.

(C) Lift stations, sewage grinder pumps, force mains, drop connections, casings bored under streets, private sewer connections affixed to bridges or structures, and river crossings shall not be insured under this subchapter.

SECTION 50.119 Charges to Private Sewer Owner; Payment

(A) The owner of property on which the private sewer connection is located shall be responsible to pay the City Engineer the first $250 of cost incurred for all work as allowed under § 50.117.

(B) Payment from the property owner shall be due to the Sewer Insurance Fund prior to the initiation of any work.

(C) In cases of hardship or extreme emergency, the property owner may file an affidavit of hardship for review by the City Engineer. If approved, payment will be due the city within 180 days of the date of invoice issued by the City Engineer.

SECTION 50.120 Responsibility of Private Sewer Owner

(A) All private sewer connections under public or private property shall remain the full and sole responsibility of the private owner with regard to reaming, cleaning, and any other related maintenance required for their normal operation. All costs for cleaning shall be the owners responsibility.

(B) All private sewer lines which lie behind foundation walls or building lines and all private sewer lines which may run between foundations or buildings, shall remain the sole responsibility of the private sewer owner.

SECTION 50.121 Application for Utilization of Funds; Compliance with Codes

(A) Any private property owner who wishes to file a claim under this subchapter shall:

(1) File a claim on the appropriate application form with the City Engineer requesting an inspection of the private sewer connection to determine the need for repair or replacement; and

(2) Sign a release furnished by the City Engineer authorizing right of entry onto the affected private property for purposes of making repairs, and acknowledging the respective responsibilities of the City and the private owner in this matter; and

(3) Execute a payment agreement furnished by the City Engineer, as approved by the Board of Public Works and Safety.

(B) All work performed on repair or replacement of a private sewer connection shall be in accordance with the provisions of Chapter 156 of the Municipal Code and the miscellaneous standards as approved by the Board of Public Works and Safety.

(C) All reaming, cleaning, or roto-rooter work used to determine the location of a break or obstruction in a private sewer connection shall be performed by a licensed plumber or a professional sewer cleaning firm.

(D) No claim for the repair of a private sewer connection will be honored unless the repair order has been authorized by the City and approved by the City Engineer or his designated representative. The City will select a licensed, bonded sewer contractor for performance of private sewer connection repairs. The City Engineer will be responsible to review all unit charges for material and labor for each project prior to approval for payment.

(E) The City may elect to perform a video inspection of the building sewer lateral to determine the locations and extent of the blockage. If the structural integrity of the building sewer is determined to be acceptable, the cost for video inspection may be invoiced to property owner who shall clean line in accordance with § 50.120.

(F) The City may elect to hire a sewer cleaning firm to attempt to verify the location and nature of the problem. If this firm is able to clean the sewer lateral with a blade and provide a one year guarantee to the property owner, this cost will be the responsibility of the property owner.

SECTION 50.122 Use of Funds When Account is Delinquent Prohibited

The insurance for repair or replacement shall not be in force on any account if the charge for insurance is delinquent for more than 30 days when the application is filed.

SECTION 50.123 Financial Statement and Report Required

(A) The Controller shall submit to the Board of Public Works and Safety and Common Council of the city a financial statement of the affairs of this fund on a monthly basis, which statement shall show the receipts for the year, as well as all expenditures.

(B) In addition to the monthly report, the City Engineer shall file an annual repair list with the Board of Public Works and Safety and Common Council of the city, detailing the following:

(1) Name of property owner and location of sewer insurance repair (designated by the common address of the property); and

(2) Name of contractor who performed the sewer repair; and

(3) The amount of sewer repair with comments concerning the nature of repair.