Request for City Council Action

Transcription

1 Request for City Council Action Date: July 17, 2012 Agenda Section: Consent Agenda No. 5 Item: Ordinance Amending Title Sixteen of the Carbondale Revised Code Concerning Sewer Backup Policy Originating Department: Legal Approved: No. 5.1 Background: Title 16, Chapter 6 of the Carbondale Revised Code establishes public sewer system regulations and standards. The current language in the Code is not in compliance with State law, nor is it in compliance with the policy established by the City of Carbondale in Ordinance and Resolution 2010-R-30 changing City policy. Recommended Action: It is recommended that the City Council approve an Ordinance amending Section of the Carbondale Revised Code to be in compliance with Illinois State law, and other ordinance sections, specifically section of the Carbondale Revised Code. Engineering Finance Legal Manager's Council Action: Motion by 2nd by to

2 CITY OF CARBONDALE, ILLINOIS ORDINANCE NO AN ORDINANCE AMENDING TITLE SIXTEEN OF THE CARBONDALE REVISED CODE CONCERNING SEWER BACKUP POLICY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARBONDALE, ILLINOIS THE 17 TH DAY OF JULY, 2012 Published in pamphlet form by authority of the City Council of the City of Carbondale, Jackson County, Illinois, this 18 th day of July, CERTIFICATE OF PUBLICATION I, Rachael E. Moore, the duly qualified and acting City Clerk of the City of Carbondale, Illinois, and the official custodian of the records of said City, do hereby certify that this Ordinance was published in pamphlet form by authority of the City Council on the 18 th day of July, Rachael E. Moore, City Clerk

3 ORDINANCE NO AN ORDINANCE AMENDING TITLE SIXTEEN OF THE CARBONDALE REVISED CODE CONCERNING SEWER BACKUP POLICY WHEREAS, the City of Carbondale, Illinois is a home rule unit of local government under the Illinois Constitution, 1970, Article VII, Section 6; and WHEREAS, pursuant to Article VII, Section 6(a), of the Illinois Constitution, 1970, the City of Carbondale may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, Title 16, Chapter 6 of the Carbondale Revised Code establishes public sewer system regulations and standards; and WHEREAS, Section 13 of Chapter 6, specifically covers the City of Carbondale s sewer backup policy; and WHEREAS, the current language in the Carbondale Revised Code, Section is not in compliance with State law, nor is it in compliance with the policy established by the City of Carbondale in Ordinance and Resolution changing City policy pursuant to Carbondale Resolution 2010-R-30; and WHEREAS, the Council of the City of Carbondale finds that it is in the best interest of the City of Carbondale to amend Section of the Carbondale Revised Code to be in compliance with Illinois State Law, and other ordinance sections, specifically section of the Carbondale Revised Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARBONDALE, ILLINOIS, AS FOLLOWS:

4 SECTION 1. That Section of the Revised Code of the City of Carbondale is hereby amended to read as follows: : SEWER BACKUP POLICY: A. Existence Of Blockage: Upon notification of a sewer backup, City personnel will check the sewer main for blockage. If a blockage exists in the sewer main, it will be cleaned by the City. If the blockage caused damage inside the building, the property owner should contact a janitorial service to clean the premises and follow the instructions in subsection D1 of this Section to file a claim with the City. B. Responsibility Of Owner: If no blockage exists in the sewer main, it is the user s responsibility to check and clean the sewer between the building and the sewer main (including the right-of-way area if the blockage was not caused by lack of maintenance by the City)., and to be in full compliance with Section of the Carbondale Revised Code requiring a sanitary lateral check valve. C. Compensation: No compensation for damages and cleanup costs will be made if the blockage is located between the house and the sewer main, unless the blockage is on public right of way and is caused by the lack of maintenance by negligent acts of the City. If the blockage caused damage inside the building, the property owner shall take immediate action to mitigate damages, including the contact of a janitorial service to clean up the premises to ensure that no further damage occurs. D. Request For Compensation: Compensation for damages occurring inside the property owner s building will may be made if the blockage is determined to be located in the sewer main. the responsibility of the City. 1. Requests for compensation should be made as follows: send a description of the damages, along with receipts for cleanup costs, the date of the incident, your name, address and daytime telephone number to: City of Carbondale, P.O. Box 2047, Carbondale, Illinois , Attention: purchasing/risk manager. This information will be forwarded to the City s general liability insurance carrier. 2. In the event the insurance carrier denies the claim and the requesting party desires to pursue the claim against the City: the purchasing/risk manager specialist will prepare a report on the facts of the claim for presentation to the City Manager who will make a determination regarding a possible settlement. The person requesting compensation will be notified of this decision in writing at the address provided to the purchasing/risk manager. (Ord ) SECTION 2. All of the remaining sections of Title Sixteen, Chapter 6 of the Carbondale Revised Code shall remain in full force and effect.

5 SECTION 3. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no other force and effect. SECTION 4. The repeal of any ordinance by this Ordinance shall not affect any rights accrued or liability incurred under said repealed ordinance to the effective date hereof. The provisions of this Ordinance, insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinance. SECTION 5. That it is the intention of the City Council of the City of Carbondale that this Ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause, or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. SECTION 6. That the City Council of the City of Carbondale finds that the subject matter of this ordinance pertains to the government and affairs of the City of Carbondale and is passed pursuant to the provisions of Article VII, Section 6(a) of the 1970 Illinois Constitution.

6 SECTION 7. That this Ordinance shall be known as Ordinance No of the City of Carbondale, Illinois, and shall take effect upon its passage, approval, recording, and publication in pamphlet form in accordance with law. APPROVED: Joel Fritzler, Mayor FOR: AGAINST: PASSED: APPROVED: RECORDED: PUBLISHED: ATTEST: Rachael E. Moore, City Clerk APPROVED AS TO LEGALITY AND FORM: P. Michael Kimmel, City Attorney