§ 74-66. Exemption from mandatory connection to sewer collection facilities.

(a)

In unique and extraordinary circumstances an owner may be exempted from connecting to the sewer collection facilities as required hereinabove. An owner requesting such exemption must file a written request to the city manager stating the basis for such exemption. All such requests, except for requests from the owner for such exemption for a single-family dwelling, must be supported by a written statement, affidavit or letter from a professional engineer affirming the statements contained in the request. All requests must clearly show that:

(1)

There is no practical means of connecting the property to the city's sewer collection facilities without incurring extraordinary engineering and construction costs;

(2)

The costs of connecting to the city's sewer collection facilities is cost prohibitive to the property owner who has a practical alternative means of disposing of the wastewater; and

(3)

The long-term project's costs to the city in maintaining facilities or otherwise servicing the property, if connected, will likely exceed the revenues to be received from the property owner.

(b)

The requirement of a simple booster pump on an owner's sewer line or the requirement for a lift station to serve a single-family dwelling or a multifamily residential project or such similar requirements shall not constitute exemptions hereunder.

(c)

The city engineer shall review all requests for exemption and provide a recommendation to the city manager or his designee [who] shall submit a recommendation to the city council for consideration. If the city council finds that sufficient requirements of this section have been met that unique and extraordinary circumstances exist and that it is in the best interests of the city that connection to the city's sewer collection facilities be waived, the request may be granted. Such exemption is at the absolute discretion of the city council and may be reviewed and rescinded at any time.

(d)

No exemption may be requested or granted based solely on economic hardship imposed on a property owner by the mandatory connection requirement.

(Code 1981, § 20-40; Ord. No. 2008-41, § 21, 1-20-09)