ORDINANCE NO.  72

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROLAND, IOWA, 2003, BY ADDING A NEW SECTION REGULATING SUMP PUMP DRAINAGE.

 

Be It Enacted by the City Council of the City of Roland, Iowa:

 

SECTION 1.  NEW SECTION.  The Code of Ordinances of the City of Roland, Iowa, 2003, is amended by adding a new Section 135.14, entitled SUMP PUMP DRAINAGE, which is hereby adopted to read as follows:

 

135.14  SUMP PUMP DRAINAGE.  It is unlawful for the owner of any property to discharge sump pump drainage into the sanitary sewer system.  It is further unlawful for the owner of any property abutting a public way to allow a sump pump discharge line to drain on to the street or alley except as provided for by the following sub-sections:

 

1. Except as hereafter provided, existing sump pump discharge lines that drain on to a public street or alley, may be allowed to continue draining to the street or alley contingent upon the Street Superintendent issuing a Permit to discharge on to a public street if, in the opinion of the Street Superintendent, a) the public storm sewer or collection line is not within a reasonable proximity to the property; b) the discharge does not create a traffic or pedestrian hazard; and c) there is adequate surface drainage capacity available.

 

2. The Street Superintendent may revoke the Permit for a violation of the Section, for providing false or misleading information on the Application Form or for any other reason which, in the Street Superintendent’s sole discretion, adversely affects the health or safety of the citizens or becomes a public nuisance.  The revocation shall be effective within ten days from the date notice is served on the owner personally or by certified mail, return receipt.

 

3. The City may at its sole discretion require that a property owner connect a sump pump drain to the storm sewer or to a collector line when provided by the city or a developer when it is adjacent to the property owner’s property.

 

4. Violation of any part of this Section shall constitute a Municipal Infraction and, notwithstanding any other provisions of the Code, shall be punishable upon the finding of a violation by the Court.  Each day the violation continues shall constitute a separate, distinct offense.

 

5. This Section applies equally to occupants and tenants as well as owners of real property, residential and commercial.  Liability for compliance and for penalties shall be joint and several as between the owner and occupant or tenant.

 

6. Prior to every transfer of real property within the city, whether by Deed or Real Estate Contract and with or without consideration, the Grantor shall obtain from the Street Superintendent a Certificate of Sump Pump Inspection which shall be delivered to the Grantee at the time the Grantor is required to deliver the Grantor-Seller’s Disclosure Statement pursuant to Iowa Code Section 558A.2(1).  The Certificate shall state that the Street Superintendent has inspected the below ground level, if any, and has determined one of the following conditions exist:  a) the sump pump drainage system complies with this section; b) the system does not comply with this section, stating the reasons therefore; c) no sump pump drainage system has been installed in the lowest level of the premises; d) there is no basement or below ground level within the structure.  As between the Grantor, Grantee, and the City, once the property has been conveyed, both Grantor and Grantee shall be jointly and severally liable for a violation of this section and for bringing the sump pump drainage system in compliance with this Section.

 

 

SECTION 2.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

SECTION 3.  SEVERABILITY CLAUSE.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 

SECTION 4.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

 

Passed by the Council the 9th day of November, 2009, and approved this 9th day of November, 2009.

 

 

                                                                                    ____________________________________

                                                                                    Samuel Juhl, Mayor

 

ATTEST:  _______________________________

                  Deneen Frost, City Clerk

 

 

******************************************************************************

 

I certify that the foregoing was published as Ordinance No. 72 on the 18th day of November, 2009.

 

 

                                                                                    ____________________________________

                                                                                    Deneen Frost, City Clerk

 

 

Sump Pump Street Discharge

Checklist

 

This form must be filled out completely and the required information must be attached to this form before your application will be accepted.

 

 

The following information is required as part of a submittal for a Sump Pump Street Discharge Permit.  Please attach each item.

 

·                    Completed Sump Pump Street Discharge Permit Application

 

A drawn to scale map that included the following:

·        Date of Submittal

·        Name

·        Address

·        Showing buildings, utilities and large trees on lot

·        Showing point where sump pump will discharge in street

 

Additional information may also be required if determined applicable by the Street Superintendent.

 

 

City of Roland

Sump Pump Street Discharge

Application Packet

 

 

Application Packet

 

Be sure to complete and submit all the required materials that are part of this Application Packet.  Failure to do so will result in a delay in processing your application.

 

The “Application Packet” for the Sump Pump Street Discharge includes the following:

 

·     Checklist (Use this checklist to assure that you have included all of the required information with your application materials)

 

·     Application Form (This form must be completed for all applicants.)

·     Grid Sheet (for detailed drawing of property)

 

Once the Application is complete

 

·     Present the completed application to the Street Superintendent at City Hall, 202 E Ash Street for approval.

 

·     The Street Superintendent may issue a Sump Pump Discharge permit if all the requirements of Section 135.14 are met.

 

·     Sump Pump Street Discharge Permits shall be for 3 years and must be renewed by the Property Owner.

 

 

If you have any questions while completing this application, please contact Street Superintendent Harold Hovick at City Hall at 202 E Ash Street, or by phoning 515 388-4861.