A. The requirements of side sewer minimum construction standards as outlined in this code may be waived by the public works director when, in the director’s discretion, the circumstances make adherence to such standards burdensome and unnecessary to the installation of a safe and reliable side sewer; provided, that in the event buildings, structures or premises are situated at an elevation which does not allow gravity flow of sewage to the public sewer, such sewage may be lifted by artificial means and discharged into the public sewer. Pumps and pressure lines shall remain the property of the owner or occupant, and the owner or occupant shall be responsible for their operation and maintenance. The use of an approved backflow prevention valve may be required, and the proper operation of such valve shall be the sole responsibility of the owner of the side sewer.

B. If the grade of the side sewer is less than two percent, the property owner shall sign a grade release in a form approved by the city attorney, the effect of which shall be to release the city from all future claims for damages due to the installation of the side sewer. In no case shall the grade of the side sewer be less than one percent.

C. If a side sewer, in the public right-of-way, belonging to another property owner is to be used, written permission for such use must accompany the side sewer application.

D. When two or more structures, not in common ownership, are to be connected on one side sewer, easements running with the land must be executed and recorded with the county auditor (department of records and elections). The easements shall be approved as to form by the city attorney and shall insure that all properties involved shall have perpetual use of the side sewer and shall contain provisions for joint responsibility for costs of maintenance, repair and access, and shall be signed by the owners of the properties subject to the easement. The easement shall be acknowledged and must be recorded by the property owners with the county auditor (department of records and elections) before a permit shall be issued for construction. (Ord. 1634 § 1, 1996).