§ 8.05.040. REQUIRED CONNECTION.

A. Availability. Public sewer is deemed to be available to a property when the property at any point adjoins a public utility easement, right-of-way or other public property within which an existing public sewer main is located. Sewer may also be available at the review of the Director or designee.

B. Connection to public sewer required.

1. All buildings, located within the areas to which public sewer is or becomes available, shall be required to connect to public sewer as provided herein. Failure to connect to the public sewer when applicable is considered a violation of these regulations. All existing buildings granted a permit to install a temporary onsite wastewater treatment system after the effective date of this chapter shall connect to public sewer when the public sewer becomes available to the property.

2. Existing buildings utilizing onsite wastewater treatment systems. All existing buildings utilizing onsite wastewater treatment systems constructed prior to the effective date of this chapter shall connect to public sewer when the public sewer becomes available to the property, unless determined by the Director or designee that it exceeds the adopted wastewater master plan cost criteria or for other reasons deemed appropriate or necessary by the city.

3. New buildings constructed where public sewer is available. All new buildings constructed on property where public sewer is available, as defined herein, shall connect to the public sewer as provided herein prior to issuance of a certificate of occupancy for the building, and before occupancy or beneficial use of the property occurs.

4. Existing single-family residences with qualifying denitrifying onsite wastewater treatment systems. All existing buildings constructed on property located within the “1-mile on-site wastewater treatment system ban areas” established by the Arizona Department of Environmental Quality and/or Mohave County on which a denitrifying onsite wastewater treatment system was approved by the county and was actually installed, between July 18, 1996 and January 8, 2001, (the effective dates of the ban) shall not be required to connect to the public sewer system until it is available and the previously approved denitrifying onsite wastewater treatment system has failed, as determined by the county.

C. Responsibility for connection to public sewer. For all properties, to which public sewer is or becomes available, responsibility for connection to public sewer shall be as set forth below:

1. Existing single-family and 2-family residences utilizing onsite wastewater treatment systems, except as provided for in division C.4.

a. The city shall be responsible to make the connection of any existing single-family or 2-family residence to the public sewer as a part of the city's Wastewater System Expansion Program for the area where the residence in question exists, including:

i. Abandonment of the existing onsite wastewater treatment system.

ii. Restoration of the property disturbed by the sewer connection to a condition equal to or better than that which existed prior to the time of connection, provided that the property owner executes a non-exclusive license agreement and an affidavit; treatment capacity fee for the property prior to the time that public sewer becomes available to the property.

b. If a property owner fails to provide a fully executed license agreement and affidavit prior to the public sewer becoming available, then the property owner shall be responsible for the abandonment of the onsite wastewater treatment system and connection of the building to the public sewer within 14 days of notice from the city that public sewer is available.

c. For any property in which a structure was built over an existing septic system without a county septic system permit or a city building permit, the property owner shall be responsible for the abandonment of the onsite wastewater treatment system and connection of the building to the public sewer within 14 days of notice from the city that public sewer is available, and all costs associated therein. City shall only be responsible for providing 1 sewer lateral to a location determined by the city within the public right-of-way.

d. For any existing multi-family (greater than 2-family), including RV Park or non-residential property, the property owner shall be responsible to make the connection to the city sewer including abandonment of the existing onsite wastewater treatment system and restoration of the property disturbed by the sewer connection at the time public sewer becomes available to the property.

2. New single-family residences constructed where public sewer is available.

a. City shall be responsible for installing 1 sewer lateral to the property line of the property, and the property owner shall be responsible for connecting the building to the lateral.

b. The property owner shall obtain a plumbing permit from the city, pay the treatment capacity fee prior to, or in conjunction with, issuance of a building permit for the property, and the connection to the city-provided sewer lateral must be made and approved prior to final inspection of the building, and before occupancy or beneficial use of the property occurs.

3. New single-family and 2-family residences constructed with temporary onsite wastewater treatment system.

a. Property owner shall be responsible to install a temporary onsite wastewater treatment system in accordance with the applicable ADEQ and/or county regulations.

b. The property owner shall be responsible for installing a dry sewer lateral if so required by the Director in accordance with the city standard details at the time the temporary onsite system is installed.

c. When public sewer becomes available to the property, the city shall be responsible to make the connection of the building to the public sewer in accordance with division C.1.

d. The city shall be responsible for the abandonment of the onsite system. The city shall also notify property owners of non single-family residences, and shall be responsible for the connection of their property to the lateral at the property line.

4. Existing buildings with qualifying denitrifying onsite wastewater treatment systems - Upon failure of a denitrifying onsite wastewater treatment system installed in accordance with the provisions herein, as determined by the county, and provided that a public sewer is available

a. The city shall be responsible for installing 1 sewer lateral to the property line; the property owner shall be responsible for connecting the building to the lateral within 14 days of notice from the county of the failed system.

b. The property owner is also responsible for the abandonment of the denitrifying onsite wastewater treatment system in accordance with the applicable ADEQ and/or the county regulations.

c. Property owner shall be responsible to obtain a plumbing permit from the city, including all applicable fees, prior to connecting to the city-provided sewer lateral including the treatment capacity fee, and shall be responsible to obtain all applicable approvals for abandonment of the denitrifying system from ADEQ and/or the county.

D. Notice to connect to public sewer.

1. Notice to residents is a defined process and a combination of various notifications as shown in the following table:

Date	Notification
60 days prior to 60% Design Completion	Initial Postcard
30 days prior to 60% Design Completion	Initial Mailing
-Newsletter
-Instruction Checklist
-Paperwork for Signature
60% Design Completion	Open House
60 days after open house	Reminder Postcard
30 days prior to notice to proceed	Additional Cost Letter
Start of Construction in a Sewer Project Area	Start of Construction Notification
Approval of Partial Engineering Certificate of Engineering (PECOC)	14 Day Notification

2. The city shall issue written notice to property owners of existing buildings utilizing onsite wastewater treatment systems when public sewer is available to their property and said notice shall be delivered by certified mail to each real property owner, as shown on the last assessment of the property or any other means available to the city.

a. The notice shall include the right to appeal the determination of “availability” to the Board of Appeals within 7 days of the date the notice to connect was mailed.

b. Notwithstanding the notice requirements set forth in division a., the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality from which the notice was given.

3. Property owner shall have 14 days after property owner receives notice to connect to the public sewer, in accordance with the regulations herein. Failure to connect to the public sewer within this mandatory 14-day period after the date of the notice shall cause the property owner to be in violation of these regulations and subject to the penalties contained herein.

4. Property owner maintains ownership of the sewer service line from the house to the sewer main and must keep it clean and open.

E. Consequences for failure to connect to public sewer.

1. Treatment capacity fee will be billed after the 14-day mandatory connection date has passed.

2. Continued failure to connect may result in prosecution or other penalties listed in this chapter.

3. Disconnection of water service.

F. Abandonment of onsite wastewater treatment systems; prohibition on reconnection. Abandonment of existing and future onsite wastewater treatment systems shall be in accordance with the applicable laws and regulations of the state and the requirements of the county. Abandonment of on-site wastewater treatment systems shall be approved by the county or its legal designee before being considered formally abandoned. Reconnection to an abandoned or new on-site system, when public sewer is available to the property, is prohibited unless the property meets the adopted wastewater master plan cost criteria provided for in § 8.05.040.B.2.

G. Prohibited onsite wastewater treatment systems and connections.

1. No new building constructed on a property shall herein be connected to an onsite wastewater treatment system, either existing or new, if a public sewer is available.

2. No existing building shall be allowed to remain connected to an onsite wastewater treatment system 14 days after notice has been sent that a public sewer is available as described above. Exceptions to this are those existing single-family residences located within the “1-mile on-site wastewater treatment system ban areas” established by the Arizona Department of Environmental Quality and/or the county on which a denitrifying onsite wastewater treatment system was approved by the county and was installed, between July 18, 1996 and January 8, 2001, (the effective dates of the ban). Properties with a previously approved denitrifying system meeting these exceptions shall not be required to connect to the public sewer system until it is available and the previously approved denitrifying onsite wastewater treatment system has failed, as determined by the county. A map of the “ADEQ 1-mile on-site wastewater treatment system ban areas” is located in the City Clerk's office (Ordinance 02-668, Attachment A) and incorporated by reference herein.

3. No new subdivision or property that creates more than 2 buildable residential, commercial, or industrial lots shall herein be allowed to utilize onsite wastewater treatment systems. Said new subdivisions shall be required to provide centralized sewer collection and wastewater treatment meeting all requirements of the ADEQ to each and every lot. The centralized collection and treatment system shall be owned and operated by the subdivider, unless the system is dedicated to and accepted by the city as provided herein. When public sewer service is extended to the subdivision, and notice of availability is given to the subdivider as provided herein, the wastewater treatment facility shall be decommissioned and the centralized sewer collection system serving the subdivision shall be connected to the public sewer.

4. Interim provisions. Within the existing platted areas of the city, as described in the current applicable map located in the City Clerk's office (Ordinance 02-668, Attachment A) and incorporated by reference herein, single-family dwellings located on existing single-family residential property that do not have public sewer available at the time the building permit is issued shall be allowed to install temporary onsite wastewater treatment systems in accordance with ADEQ and Mohave County regulations, provided that the appropriate permits are obtained to do so. In conjunction with the installation of the temporary onsite system, the property owner shall install a dry sewer lateral if so required by the Director for future connection to the public sewer when it becomes available. Dry sewer laterals shall be installed for such work in accordance with the city sewer design standards and specifications on file in the city engineer's office at the time either the building permit or plumbing permit is issued, whichever occurs first. All such properties granted a temporary onsite wastewater treatment system permit shall connect to the public sewer at such time as it becomes available, and within 14 days of receipt of written notice from the city to do so.

5. No cesspool, septic tank, seepage pit, drain field, onsite wastewater treatment system, or onsite denitrifying system shall be connected to any public sewer or to any building sewer leading to such a public sewer.

(Ord. 13-1090, § 7, passed 3-12-2013; Ord. 932, passed 8-26-2008)