A. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

B. Properties, buildings or premises within the city of any type or nature whatsoever which have, an on-site sewerage disposal system in proper operating condition and a public sewer available shall have the privilege of continuing to use these on-site systems until such time as any of the following occurs:

1. At such time as public sewer becomes first available after July 1, 2004, to a property served by a private wastewater disposal system a direct connection shall be made to the public sewer within one year in compliance with this chapter.

2. Any property within the city limits and any property annexed, by means other than petition or waiver of protest, to the city prior to January 1, 2000, served by a private wastewater disposal system and has a public sewer available shall connect to the public sewer not later than May 31, 2005.

3. Any property annexed, by means other than petition or waiver of protest, to the city on or after January 1, 2000, served by a private wastewater disposal system and has a public sewer available shall connect to the public sewer not later than May 31, 2008.

4. Any property annexed, by means other than petition or waiver of protest, to the city after July 1, 2004, served by a private wastewater disposal system and has a public sewer available shall connect to the public sewer not later than five years after the date of annexation.

5. When the on-site sewerage disposal system is in a failed operating condition. Under such conditions no work, repairs, pumping or any other services may be performed upon any part of the system and mandatory hook-up or connection to the public sewer system is required. The required connection shall occur within thirty days of the discovery of the failed conditions or upon notice from the city to a property owner of the defect and a requirement to connect to the public sewer. In the event that any of the conditions set forth in this section which require mandatory connection occur during the winter or at another time when weather or soil condition prevents excavating in order to make the connection to the disposal system, the connection shall be done within thirty days after weather or soil conditions permit excavating for the purpose of connection.

System failure is defined as the occurrence of any of the following:

i. Any break, malfunction or improper working of the system occurs, whether it be in a tank, drain field, or any connecting piping;

ii. A septic tank, cesspool or other system requires pumping in order to keep it operable;

iii. The on-site system becomes saturated, flooded or inoperable in that it no longer disposes of sewerage input thereto, causing the same to appear on the surface of the ground or draining away in any manner.

C. At the time of connection to the public system, any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. (Ord. 654 § 1(part), 2004)