Article III. Sewers.[28]
Sec. 36. "Main or lateral sewers" and "house sewers"
defined.
For the purpose of this chapter, all sewers running in streets
of the city with which the sewers running into the lots abutting
on the streets connect, shall be called main or lateral sewers; all
sewers leading from the main or lateral sewers to the property
on either side shall be called house sewers. (Code 1932, §
492(1).)
Sec. 37. Sewer connections—Application; charge.
The work of running connecting lines from the city sewer
to the property line of the owner shall be done by the city, but
the owner shall pay to the city therefor fifteen dollars for each
connection. Such connection shall be made only upon application
in writing on a form provided by the city manager, to whom
application shall be made, and the payment above mentioned
shall be made at the time of application. (Id., 492(2); Ord.
March 3, 1941.)
Sec. 38. Same—Outside city; application; contract executed
by property owner.
The owners of property outside the city limits, desiring to
connect with the city sewerage system, shall make written application
to the city council. If the council approves such application,
the city manager shall grant a permit for such connection
subject to the provisions of this chapter, provided the following
contract is duly executed by the property owner and recorded at
the expense of the property owner:
"THIS AGREEMENT, made and entered into this ......
day of .............., 19.., by and between the CITY OF
CHARLOTTESVILLE, VIRGINIA, hereinafter referred to
as the City, and ........, hereinafter referred to as Owner.
WITNESSETH:
"That for and in consideration of the rental payments and
agreements on the part of the owner, hereinafter specified and
referred to, the City grants unto the owner for a term of ......
years, commencing on the date of this agreement, and ending
January 1, 1950, the right to connect a ...... inch private
sewer with the City sewer, as is indicated on the attached plat,
and the further right to use said City sewer for the disposal of
such sewerage as may be incident to the use and occupation of
the property hereinafter referred to, subject however, to such
general regulations, restrictions and charges as the City may
now or hereafter impose or prescribe relative to the use of City
sewers by County resident and property owners, including those
hereinafter specifically set forth.
The consideration for the aforementioned right is as follows:
(1) The owner agrees to pay the City quarterly, in advance,
the sum of $3.00.
(2) The owner agrees to construct and maintain said private
sewer under the supervision of the City and in accordance with
such regulations and requirements as the City may prescribe,
said construction and maintenance to be entirely at the owner's
expense.
(3) The owner agrees that the City shall make connection of
the private sewer with the City sewer, at such place as the City
may designate and agrees to pay the City such sum as may be
necessary to cover the cost of making said connection.
(4) In the event the owner does not properly maintain said
sewer, the City after reasonable notice to the occupant of said
premises shall have the right to maintain the said sewer at the
expense of the owner, and the owner hereby agrees to pay the
City such sums as may be expended in maintaining the same.
(5) The owner agrees that all sums herein specified or which
may hereafter be charged by the City shall be paid promptly and
that if same are not paid within ten days after the same become
due, the City shall not only have the right to collect the same by
the ordinary legal remedies, but the owner, as additional security
for the payment of said sums, hereby gives the City a lien on said
property for all sums which may become due hereunder, together
with all costs, and attorneys' fees incident to the enforcement of
said lien and the collection of said sums.
(6) The owner agrees that the private sewer shall not be used
for the disposal of surface water; that unless the City shall give
its consent, in writing, no sewerage shall be emptied into said private
sewer other than that incident to the use and occupation of
the property which was conveyed to the owner by deed from
.........., recorded in the Clerk's Office of the Circuit Court
of Albemarle County in D. B. .........., p. ......; and that
upon violation of this paragraph of this agreement, the City shall
have the right to forfeit and terminate all rights of the owner
herein granted, and prevent the owner from using the same by
such means as may be necessary.
It is mutually covenanted and agreed that the rights and obligations
herein created shall enure to the benefit of and be binding
upon the owner's heirs, successors and assigns.
IN WITNESS WHEREOF, the City has caused this agreement
to be executed by its City Manager, ........, and its corporate
seal to be hereto affixed by the Clerk of its Council, .....,
and the owner has signed the same this the year, month and day
first above written.
CITY OF CHARLOTTESVILLE, VA.,
By......................
City Manager.
........................
Owner
Attest:
......................................
Clerk of City Council."
(Code 1932, § 492(3).)
Sec. 39. Injuring sewers, manholes, etc.
No person, while engaged in the construction of house sewers
or otherwise, shall injure, trim, break or remove any portion of
any main or lateral sewer, or "Y", or manhole, lamp-hole, or flushtank,
or do any injury to any house sewer previously laid, and
no penalty fixed by this article shall prevent the city or any property
owner from recovering any damages sustained by reason of
such injury, by appropriate civil action or otherwise. (Id., §
492(4).)
Sec. 40. Discharging refuse or garbage into sewers.
No person shall be permitted to discharge into the main or lateral
sewers or any household sewer or drain through which substances
are discharged, any cinders, vegetables, fruit, fruit peelings,
ashes, rags, cotton, hair or any refuse matter or garbage or
any thing other than the ordinary discharges of water closets, liquid
house slops and closet paper. (Id., § 492(5).)
Sec. 41. Rain and surface water not to flow into sewer.
No rain water from the roofs of houses, surface water or
drainage from the yard shall be permitted to flow into the sewer.
(Id.)
Sec. 42. Removal of obstructions.
In case of any stoppage in the main or lateral sewers, the city
shall remove the obstruction. If the stoppage occurs in the house
sewer or drain, the property owner whose property it connects
with the main sewer shall remove the obstruction. If he fails to
remove the obstruction within forty-eight hours after notice from
the city manager, the obstruction may be moved by the city and
the cost thereof, together with twenty per cent thereof, shall be
paid by the owner or occupant. (Code 1932, § 492(6).)
Sec. 43. Private sewer lines; connection with city sewer;
rights of city.
Before a private sewer line may be connected with the city
sewerage system, said private line, including the size, location and
construction, must have been inspected and approved by the city
manager or his authorized representative. In consideration of
a permit being granted to connect said private lines with the city
sewerage system, the city shall have the right to connect other
sewers with said private sewer lines without any charge being
made by the owner of the lines to the city or to the owner of any
property connected therewith. (Id., § 492(7).)
Sec. 44. Penalty.
Any person violating the provisions of this article shall be fined
not less than five dollars nor more than twenty-five dollars. Each
day of failure to conform to the provisions or requirements of
this article shall constitute a separate offense. (Id., § 492(9).)
