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HomeMy WebLinkAbout1956 Ordinance No. 014BY AU THORITY ORD IN ANCE NO . llJ, SERIES OF 1956. OODINANCE REGUUlTING AND PROHIBITING THE KE ~PING OR MAINTEN/..NCE OF ANY VAULTS, CLOSETS, PRIVIES, CFSSP OO IS , M ID SEPI'EC Tt.NKS LOC ATED IN M!Y SA~I ITARY SEWE R DI S TRICT NOv-1 ffi HEREA FTE R EST ABLISHED TO COMPEL Cl-!N:.RS OF ANY BUI LDINGS LOCATED IN SAID DIST RICTS AND ON BLOCKS ABUTTING ANY FSTAB LIS HED SE':.'ER ~R \..ITH 400 FEE '!: OF ANY ESTA BLISHED SEWE R TO CON NECT WITH S UCH SEWER: DE CLARING LL S UCH VAULTS , CTDSETS , PP IV IES , CE SS PO OL, AND SEPI'I C TA NKS A NUISAN CE: PRO VIDING FOR ABATEMENT AND PR1VIOP.1G A PE?-'.JiLTY FOR VIOT.J,TION S THEREOF : AND REPEA LIN G ORDINA NCE NO. ~, SERIES OF 1935, ORDINANCE NO • 11 , S ERIES OF 1950 , AND ALL OTHl!,"'R ORD INA NC F.S Ji. ND PARTS OF ORDilJAN C~ IN CONFLICT HEREV:ITH . lHERF.AS , The re has bee n establ i shed a nd n ow is i n ex i stence a s anitary sewerage s y stem in the City of Engleu ood; and WHETtF,.AS , There ha ve been kept and maintainen wi t h the City of En gl ewood s ince the establishment of s=iid s :-i nitary sewera e C'! system ce r t~d n v aults , clo s ets, pr i vi e s, ces spool s , a n d se ptic t anks located within Sanitary Se we r Di sLrict No . 1, South En glewood San ita tion Dist rict, and on blocks abutting or within LOO feet of e s tablish e d sewers; and mEREAS , in the opin i on of the City Counc i l of t he City of En glewoo d i t is deemed necessary or t he protection of pub lic health a n d s af ety that the keeping a nd ma i ntaining of such vaults, closets , privie s , cess pools, and septic t a nk s be s t r ictl y re gulated and eventually e liminated and prohibited . , THE PE FOR E, BE IT O~DAINED RY Tm: CITY COUNC IL OF 'l'!-IE CIT Y 01', ENGIDJOO D, COL ORADO : 1 . All wo rds and ph r a s e s herein shall be underst oo d an d c ons trued a ccor din g t o the _a_p_p_r_o_v _e_d_a_n_d comm ~n usua ge of the language ; t he technical words and phrase s, a n d suc h ::i s may be con strued and understood according to s uch pe culiar a nd a pp ropriate me a ning. Section 2 . No pipes, faucets , tanks , valv es , or oth e r f ixtu res by an d through which supply of waste water or sewag e is used or carried shall be i n stall e d within the City of En g l ewood , except in acc o rdance with the pl ans wh i ch have been app roved by the Bu i lding Inspector of the said City, and in accordance wit h ord inan c e s of t he sa i d City, and rules and regulntions of the State Department of Public Hea l th . Section J . Tha t the City Co uncil of the City of Enelewood he r e by de e ms it necessa ry for the protection of the public health and safety t hat all vau l t s, c l osets, privies, ce s spools, and septic tanks loca ted within Sanitary Se we r Distr ict No. 1, t ha t portion of the South Englewood Sanitation District within the City of .Enel wo od, or e l sew here with the City of Engle '.ood any future sanitary sew e r districts, or any and all exist i n g and f ut ure exten sions thereto, a nd all va ults·, closets , nrivien , ces ~noo ls, an~ scrtic tank s loc ::i.t c d on blocks abutting any esta blish ed sewer . or within LOO feet of a y es t :::ib l i~hed sewer , be , and they hereby a re, dec lared a nuisanc e , an d the use , keeping a nrt m.ain tenu ncP of th0. snmc is hereby dec l a red un l a wful, and i s proh i b i t e d , sub ject to the time an<i place liMitations herci m1.f ter s et f ort h a (a) Any pit privies l1i thin the City of En gl ewood shall b e fil led i n a nd aba ndo ned within thirty (J O) days af ter the effective date of this Ordinance . If t he pr e mies on which said p it privies are located a r e within LOO fe e t of any establishe d s a n i tary s ewer, conn ect i on sha ll be ma de within s a irl thir ty (JO) day period t o such san itary sewer; pr ovided tha t if no s a nitary sew e r is available within Leo feet of the premies, then an approved chemic ally c on t r ol led f ac ility sha ll b e i nsta lle d within such period until a s e wer line is a vailable. (b) A norm.a lly f unction i nt: ces ';po o l shall be permitted t o c ontinue in operation f or a period of not more than one y ear after the effective date of this Ordina n ce i f an es t ablished sewer line is available within LOO feet of the pr emis e s on wnich loca ted, If no sanitary s ewer l ine is av a ilable with LOO fee t of the premises at the time of the ef fe c t i ve d.:ite of this Ordinance , but such sew er l ine is install e d s ub sque ntly there to, the prnmie s s ha ll b e , with in s ix (6) months after t he instal lat ion thereof , connect e d to said sewer l ine, an d the us e of the cesspool d i scontinued . I n no c a s e s ha ll a ny cesspool be all owed to overflow, back up , or malfuntion ; and a ll abandoned and discontinued c e sspools shalll::e fjlled or adequately cover ed for hea lth a nd safety purposes. (c) A nornally funct i onin e septic tank shall be permitted to cont i nue in op e r a tion for not more than five (5) years after da te of orig inal installation if a s an itary sewer line i s a va ilable within LOO feet of the premies on which located at nny time dur i ng s a i d five (5 ) year period. The use of such septic t ank s hall b e discontinued wi thin six (6) mon ths a f ter a sewer line is made a v ailabel with in LOO fe e t of the premises at any time a fter the said five (5) yea r pe r i od . In t h e e vent that any septic tank installation ma lfunctions or c a u s es ov e r f low or back-up, and a sewer line is the n a v nilcible wi t.h jn QOO fee t of the pr emise s on which located, then, and at such t ime , the said septjc tank shal l be a bandoned, a nd connect i ons shall be mad e t o the sewer line , r e gardle ss of the time lapse s i nce orig inal jnstallatto n . 289 Section L. That any vault, closet, privy, cesspool or septic tank located within any district orarea described hereinabove s hall be subject to the time limitations set forth, and upon thirty (30) days written notice to the o\omer of the premises, by registered mail, issued by the Building Inspector of the City of Ene lewood, shall be removed, demoli~hed or otherwise abated by and at he expense of the owner or m·mers , and the use, keepin g and maintenance of the s .1 me shall forth- th cease with i n thirty (JO) days from date of reeistering the said notice for mailing; provided, ever, should the o\omer or owners be at the s a Me time required to connect their property or ses with a sanitary sewer, the wo rk of makini:; cormecti.on thereto in accordance with the Plumbine Code sha ll be b e,:un within t h irty (JO) days, and the time allowed f or removal of the nuisance and continued use of s a me shall be limiLed to a reasonable time for completion of such \o 'O rk, which time may be limited by the Building Inspector to a definite date if, in his opinion, there shall be a n un rea son a bJ~ rlelay in the comple tion thereof• Failure to comply with the notices of the Buil ding Inspector of the City of Engl ewood s hall be cause for abatement roce~dings to remove said nuisance and shall constitute an offense, subject, upon conviction, to fine and imprisonment a z h ereinafter rrovided. Section 5. Th &t the owner or owners of any and all buildings located within Sanitnry Sewer District Jfo . 1 1 that portion of South Enr,lnw ood Sanitation District, or any s anitary sewer clistrlcts within thf' C1ty of Enelewoon , herea fter established , or any and all existing and future extens ions th C'r eto, or loc n tP.ci on blocks abuttin~ any established sewer within the City of En e l e woo d , or within Loo feet of any esta blished sewer, shall connect all sewage and drainage rom all plumbing fixtures in s a id b uildin g or r remiscs wiLh the sewer; provided, however, that the owner or owners of saici buildjnc or nremises shall be given thrity (JO) days notice in writing, by r egist e r e d mail , issued by t h e Builctinc Inspector of the City of En glewood, not i fying the ot;ner or owners to connect sa i d b uildin e or pr emise s with the sewer, and in the event the A'ork of mc::.king the co nne c tion is not be g un with thirty (30) days of registerin g the notice for iling , the Building Inspector s h all notify th e City Encineer to prepare plans and specifications or makirg the conn ect j on with the sewer, inc l uctin r; water and service pipe , and the City Council all thereupon cause conne ct:on wit,h thP sevJcr to be Made ; the c os t of all engineering , le gal ubl i cat .;_on e xpen se cnci the co!Jt of connect i on with the sewe r shall be pa id by the miner or ow11er ~ of thP h•ii1 ii.ng or rrPmi :;c:> so conne cte d , with chn r ees , if not paid within thirty (JO) days ft o r finaJ p11bU c·1t ion of t'1.e ordinc:..ncc a ssessine t..he costs the r of a eainst the property connected with the sewer, s hall be certifi.Pci tothe Coun ty Tra suerP. a s a lie n on sai.d propery in favor of · the City of En,·lcwoo . ~:: ilurc to c ol"tp ly with the notice of the Builriing Inspector of the City of Enr l m.:ood, s hn 11 , 1n ai l {i Lion to compulsory connection to the sewer as provided herein, consti t u te an offense, subj ect , up on conv iction , to fine and imp risonment as hereinafter provided. Section 6 . The Bu ildine In c:;pP c tor of the City of Enele wood shall enforce the provisions of this ordinance , in a ccordance with exist] ne statutes [i.J1d ordinances . . • An:1 re rson \:ho shall v iolat P any provision of this Ordinance, shall , in ad;iition to ~t~h-e~p-r_o_c_e_e .... dings outl ined herinabove , upon conviction , be fined in a swn of not less than Five Dollars (t5 .00 ) nor more than Thre e Hundred Dolla rs ($JOO .OO), or imprisoned not more than Ninety (90) · s . F..a ch and every da., or portion t h er,..,r . ri 1 1ri nP' which a ny violation is committ ed, continued or permitte<i t.o t::ont inue , s hall re de e med a separate offense and the renalty prov i sions hereof shall anply thereto . Section 8 . The City of Engle wood may r roceed zy aba tement, in junction, mandamus or other legal ction or remedy to enforce the provisions of this Ordinance, which such actions or remedies shall be in addition to the hereinabove provisions of this Ordinance and cumulative. Section 9. Ordinance No . L, Ser ies of 19JS, Ordinance No . 1 1 , Series of 19S o. and any and all ordinanc es, a nd parts of ordinances , in conflict herewith are hereby repealed. Section 10 . The City Council here by finds , determine s and declares that this Ordinance is necessary for the immediate pre servation of t h e public p:?ace, health, safety and convenience. Section 11. In the opin i on of the City Council an emergency exists·; therefore , this Ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Coun cil of the City of Englewood, Colorado , this 4th day of June ! . D. 195.tl , and ordered published in the En c l~•i ood Press. Passea on Final RPading by the City Council of the Cit .' of of July A . D. 1956~ and ordered published in the En glewood 2nd day I, J.L. Barron, City Clerk of the Cit y of En g l 0wood , Co lornd o, do hereby certify that the above orego ing ordinanc e was introd uced and r ead in full and order published as proposed' Ordinance for t he meeting of June L, and July 2 1 1956, he ld b:t the City Counci] on said date and the same was oublished in the 3:nLlC'wood Press ~ July 5th, 19 56 as Ordinance No. 11, I' ..