ORD 43-05 SEWER & DRAINAGE OF PRIVATE PREMISESORDINANCE NO. 5
~N ORDINANCE ~_JATING to sewers and the drainage of private premises m~_
the removal of obstructions therefrom; regulating the planting of certain
trees and shrubs in pro _x~mity thereto; prescribing the method for lateral
sewer connections, alterations, repairs and e~tensions, end in the opening
and penetration of public sewers, and for collecting the cost thereof;
providing penalties; and repealing a~] other ordinances or parts thereof
in conflict herewith.
Be it ordained by the County of Kitsap as follows:
Section 1. Definitions:
COUNTY ENGIN~vR ;..COUNTY HEALTH OFFICER: The County Engineer or County Health
OffiCer whenever-used in this ordinance shall be held and construed to mean
sot only 'such ~gtneer: 'and health officer, bu~ any Of their authorized
necessary, .be he~'-'and ConstineS-' to ~n.and.inCtude natUraI"'~e~' ~"u£:. '.,'
,"~,'i~her sex, asSet+at'ions, c0~partnprsHipg,
=by. ~hem~el~es or by ~ se~ant, agent, or emploFe'ei the:;.sigUiar numbe~.:'~hen ' .
the County of Kitsap and any-of. his au~horiZed.,'~s:sista~ts. Or inspectSrs-~ ·
ordinance shall be construed to mean any sewer '.l~e Used .~i installed by
any person ~e conduct waste from any property ~o a p~blic 'sewer, but only
that pertion of such sewer which lies between the:,property line and the
house or building drain.
SIDE SEW[R: The words "side sewer" wherever used in this ordinance shall
mean that portion of a pTivate sewer connection ~tich extends from the public
sewer to a point five (5) feet from the house or structure.
SEC. 2. Connection with Public Sewer Required:
The owner or occupant o~ any lands or premises, shallconnect such premises
and all ditches, water closets and waste pipes located thereon and used as a
receptacle or conductor of filth with the nearest accessible public sewer
whenever such sewer is within one hundred and fifty (l~O) feet thereof, and
in all cases where the County Health Officer shall determino that the public
health and safety shall require it, to construct, or cause to be constructed,
a sufficient sewer or drain pipe in the manner heroinafter set forth.
The County Health Officer is hereby authorized and empowered, and it shall be
his duty, to prohibit the use of any privy, well or vault upon any premises
in the County of Kitsap, whenever the use and maintenance thereof is
detrimental or dangerous to life and health, and to order any such privy,
well or vault to be disinfected and filled with fresh earth; to order a
s~age disposal plant conforming with the requirements of the County of Kitsap
for the sanitary dispos-.jL of human excreta to be constructed or installed
upon any such premises, and 'to order the plumbing installed in anybuilding
or structure located thereon to be connected with and drained into such sewage
disposal plant.
SEC. 3. County May Connect and Assess Cost:
Whenever the public health or public safety requires that any lands,
bn~]dings or premises be connected with the public sewer or otherwise drained
in the manner provided in the preceding section, the County Health Officer
shall serve upon the owner, agent, or occupant of said premises a notice in
writing, specifying the bime withinwhich such connection must be made,
which t~ne shall not be more than sixty (60) days from the date of service
of such notice. If such owner, age_ut or occupant shall fail, neglect or
tel'use to connect said lands, building or premises with the public sewer
within the the specified in such notice, the County of Kitsap may make
such connection and the cost of the connect as made shall be assessed
against the property so connected and the mount thereof shall become a
lien upon the premises so connected. The attorney of the County of Kit sap
is hereby authorized, empowered and directed to collect the amount of such
cost, either by the foreclosure of said lien or by a suit against the owner
or occupant of said premises, which suit sh~11 be maintained in the name
of the County of Kitsap, as plaintiff, in any court of competent Jurisdiction.
Such action shall be comuenced within eight months.
SEC. ~. It shall be unlawful for my person to make any opening in any
public sewer or to connect any private drain or sewer therewith, or to lay,
repair, alter or connect any private drain or sewer in a public street,
avenue, alley or other public place unless such person has first obtained
a side sewer contractor' s license and has filed a bond in accordance with
the provisions of the License Code.
SEC. ~. Opening Public Sewer, Permit for, Required:
It shall be unlawful for any person to make an opening in any public sewer
or drain, or connect any private sewer or drain therewith, without camplying
with all the provisions of this ordinance in relation thereto and having
a permit so to do from the Building Inspector.
SEC. 6. Permit to Open Sewer, How Obtained:
In order to obtain the permit provided for in the last preceding section,
the licensed side sewer contractor employed to do the work sh~!! file an
application therefore with the Building Inspector~ stating the name of the
owner or occupant of the premises to be connected, giving lot, block and
addition, or other legal description, the number of buildings on said
premises, and the purposes for which they are, or are to be, used, together
with plans drawn to a satisfactory scale and specifications showing the
whole course of the drain from the public sewer or other outlet to its
connection within the building or premises and all branches, traps and
fixtures to be connected therewith, ~nich plans and specifications shall be
submitted t~> the Building Inspector for approval, and he may change or
modify the same and designate the manner in which such connecting sewers
shall be connected with the building, the place where such connections with
the public sewer shall be made, and specify the material, size, and grade
of such connecting sewer, and shall endorse his approval on such plans and
specifications as originally prepared or as modified and changed. Upon
approval of s&id plans and specifications the Building Inspector she!! issue
a sketch showing the size and depth of the public sewer and the nearest
cponh~g in the same. Upon approval of said plans and specifications as
heretofore provided; the Building Inspector shall issue a permit as
provided in this ordinance ~d it shall be unlawful for my person to
alter the approved plans and specifications or to do any other work tha~
is provided for in the permit~ or to repair, extend, remove. or connect
to any private sewer or drain, without first obtaining a permit as pro-
vil'.l~4 in this ordinance.
The Building In.~pector shall prepare and keep on file in his office all
c~rds and records of buildings connected to sewers, showing the size of the
lot, location of the building or buildings and the whole course of the side
sev:~r or drain from the public sewer or other outlet to its connection
within the bui!d~.~ or premises.
S~]C. 7. Issuance of Temporary Permits:
At the discretion of the Building Inspector, a temporary permit maybe
issued permitting c~nnoction to a public sewer, sewer outfall, side sewer,
~r drain, which said temporary permit shall be revocable upon sixty (60)
days' no~ice posted on the premises directed to the owner or occupant of the
pv~,nises, and in the event that said private sewers or drains are not dis-
corm ~ted at the e~piration of such notice, the County of Kitsap may
d!scl'lnn~t the same and collect the cost of such disconnection from~the
~er or ~ccup~b of the premise~ by suit in any court of competent Juris-
di~tLon
Any such temporary permit shall be granted only on the conditions that
such permites will s~ve the county harmless from any damage by reason
of the issuance or revocation of such temporary permit.
SPE. 8. Permit to Owner to Construct, Extend or Repair Sewer Inside
of Property.
It shall be unlawful for any person to construct, extend, relay, repair
or make connections to a private or lateral sewer within the property line
without obtaining a permit therefor as herein provided and filing a scale
drawing showing the location thereof as provided in Section 5 of this
ordinance.
The Building inspector may issue such permit to the owner or occupant ef
any property to construct, extend, relay, repair or make connections to a
house connection or private sewer inside of property line; provided that
such owner or occupant shall comply with the applicable provisions of this
ordinance, except that he need not employ a licensed side sewer contractor
to do the work.
SEC. 9. Additional Work, permit For, Required:
~hen a permit has been issued for a private sewer or drain, as herein
provided, no additional work shell be put in without the approval of the
Building Inspector and a new penhit must be taken out covering all such
additional work.
SEC. 10. Fees for Permit:
The fee for a permit issued as herein provided shall be two dollars ($2.00).
In case work shall not be done or completed within the time specified in
any permit and no extension thereof has been granted, a new permit shall
be taken out for which an inspection fee of two dollars ($2.00) shall be
charged.
SEC. 11. Time Limit:
No permit issued under the provisions of this ordinance shell be valid
for a longer period than that specified in such permit, but the same may be
renewed or extended in the reasonable discretion of the Building Inspector
upon application therefor prior to the expiration date originally
specified in the permit.
SEC. 12. Display of Permit:
The permit from the Building Inspector required under the terms of this
ordinance, must, at all times, during the performance of the work and
until completion thereof, be posted in some conspicuous place at or near
the work.
SEC, 13. Work Without Permit To Be Stopped:
It sh,~ll be the duty of the County Heslth Officer, the County ~lgineer
and the Buj,ld~.ng Inspector, in case they shall find any person engaged in
the work of breaking ground for the purpose of making connections with a
public or ~ivate sewer or drain to ascertain if such person has a permit
from the Building Inspector to make such sewer connections, add in the
event that such person has no permit for making such connections, it shell
be the duty of such officers to immediately report the fact te the
Building Inspector.
SEC. 14. Description of House Connections and Side SewerS:
All house connections end side sewers shall be laid on not less than
two per cent (2%) grade, sh~]l not be less thm thirty (30) inches from
any building, shall have not less than four feet six inches (4' 6") of
G~r at the boundary of the surfaced pertion of the public street, avenue,
~.ley, or other public way carrying vehicular traffic, eighteen (18)
· ncbes at the property line and tweb~e (12) inches inside the property
tL~e and shall be not less than four (4) indies in diameter. A larger
cia~.~er m~ybe specified by the Building Inspector when in his opinion
it is deemed necessary.
Not more than one house shall be connected to a single house connection;
except where such connection is me. de inside the property line and the owner
or owners of such property shall ms/~e and file in the office of the county
auditor an easement for such purpose; except also, where connection is to
an e~isting side sewer within a public street and written permission from
the owner or o~mers of the premises served by such side sewer has been filed
with the Building inspector. In the event that physical or other con-
ditions render the enforcement of the above provisions impracticable, the
Building Inspector may issue a special permit for the installation of a
lateral or private s~..~we~ requiring compliance only with the above conditions,
as far as practicable; bu'b such permit shall be issued only upon condition
the~ the pe..~nitee ~ill sav~~. the County of Kitsap harmless from any damages
by reason of such installation.
SEC. 15 ~ Materials and Workmanship:
Materials and workmanship requested shall be of a st~%ndard approved by
Building Inspector. When necessary to disturb permanent pavement the
opening shall be not less than two feet by six feet (2' x 6') and the
County ~ineer may require an increase in the size of said opening or new
cuts to be raade when the s.~me is necessary to insure proper backfill or
repair of pavement~
SEC. 16. Excavations in Streets To Be Guarded:
All excavations made by any licensed sewer contractor within the limits of
any street, alley, avenue or other public place shall be p~otected and
guarded by fencing or covering by said contractor both by night and by day~
by the display of proper signals and lights, and the contractor shall be
liable upon his bond for all accidents caused by negligence in this respect~
SEC. 17. Call for ~nspection, Notice of Defects:
Any person perfor~..!ing work under permit pursuant to the provisions of this
ordinance shall notify the Building Inspector when the work will be
ready for inspection, and shall specify in such notice the location of the
premises. If the inspector finds the work or material used is not in
accordance with the provisions of this ordinance, he shall notify the
person doing the work and -also the owner of the premises by posting a
written notice upon the premises, and such posted notice shall be ell the
notice that is required to be given. Record of such notice shall be kept
on file in the office of the Building Inspector~
SEC. 18~ Inspection Before Trenches are Filled:
No trenches shall be filled or any connecting sewer covered, until the work
fr~lthe point where the same connects with the public sewer or other outlet
to the point where it connects with the iron pipe or other plumbing of the
building or 9r~Tises to be connected shall have been inspected and approved
By or under the direction of the plumbing inspector, and until the same
~h~ll have been made h all respects to conform to the provisions of this
crrt~l~.nce.
Fu~ther,provid~d~' the backfill of all ditches must be either water settled
or tamped or both, as specified by the CountyEngineer in each particular
case,
SEC. 19. Inspecbor's Ri~t of Entry:
The Building Inspector or County }{e0lth Officer shall l~ave free access to
all buildings or premises for the purpose of ex~mminir~ any or all private
sewers or drains and of ascertaLning whether the provisions of this
ordinance ~ore being complied with, and for such purpose shall, at all
r~asonable tLmes, have the right to enter end inspect such buildings, an4
it ~all be unlawful for any person to ~event, or attempt to prevgnt, ~y
e~rance or inspection, or to obstruct or interfere ~.ii~ ~ny ~ch officer
whila engaged therein.
SEC. 20. Fees for Inspection:
There shall be no charge for the first inspection, but if by reason of non-
compliance ~ith the provisions of this ordinance, it is necessary for the
Building Inspector to cause a second or subsequent inspection to be made,
the person doing the work shall notify the Building Inspector in writing
when the work is ready for such second or subsequent inspection. For each
inspection after the first, a charge of two dollars ($2.00) shall be made,
which shall be paid by the person doing the work. No permit shall be
issued to any person who is delinquent in the payment of any such charge.
All such fees shall be paid to the County Building Inspector, who shall
issue receipts therefor~ and a duplicate copy of such receipt must be filed
with the Building Inspector before any new permits are issued to the person
owing such fees.
SEC. Zl. Delayed Work; County May Restore Streets:
All work within the limits of any street or public place must be prosecuted
to completion ~ith due diligence, and if excavation is left open beyend a
reasonable time, the County of Kitsap shall cause the same to be refilled
and the street restored forth~dth, and any cost incurred in such work shall
be charged to the sewer contractor in charge of such work, and must be paid
before he shall receive any future permit frc~athe Building Inspector and
he shall be liable on his bond for any such sums expanded.
SE~. 22. Improper Work; County May Complete:
If shy work done in pursuance of a penmit granted as hereinabove prescribed,
is not constructed and completed h accordance with the provisions of this
ordinance and the plans and specifications as approved by the Building
Inspector, and if the contractor or person doing the work shall refuse to
properly construct and complete such work, notice of such failure or refusal
shall be given to the owner of the property, for wh~m said work is being
done, as herein provided, and the County of Kitsap shall cause said work to
be completed md said sewer to be connected in the proper manner, ~und the
full cost of such work and materials necessary therefor shall be collected
in the manner provided in this ordinance.
SEC. 23- Repair of Obstructed or Broken Sewers:
Whenever any private sewer or drain pipe connected with any public sewer or
drain becomes obstructed, broken or out of order, and the owaer, agent or
occupant of such premises fails to repair the same after five (5) days, when
notified to do so by the Building Inspector, the County of Kitsap is hereby
authorized to remove, reconstruct, replace, nlt~r or clear the same as he
may deem expedient, at the expense of the owner, agent or occupant of such
premises, and when two or more houses or buildings are connected with the
same private sewer, the owners, agents or occupants shall be jointly and
equally liable for any work done by the County of Kitsap under this section.~
SEC. 2~. Injury to Public Sewer:
It shall be unlawful for ~ person to injure, bresk, remove or alter any
~rt!on of any manhole~ lamp-hole, flush tank, or any part o~ t~e Dublie
sewers or drains in the County of Kitsap.
SEC. 25. Depositing Rubbish in Public Sewers and Drains:
It shall be unlawful for any person to deposit in saly manhole, lamp-hole,
flush tank, sewer opening, drain ditch or natural water course any garbage,
rubbish, dead shimale, or any substance ~nich will obstruct, or have a
tendency to obstruct, the flow of any sewer, drain, ditch or natur~_l water
course.
Sac. 26. F~haust Steam and Hot Water:
No steam exhaust or blow-off, or any heated water shall be discharged
D~to a sewer until the temperature thereof has been reduced to at least
one hundred (lO0) degrees Fahrenheit.
SEC. 27. Preventing Discharge of my Foreign Substance in Sewers:
It shall be unlawful for any person to discharge into any sewer any
substance whatsoever that will tend to retard the flow of the sewer adhering
to or depositing on the interior surfaces thereof, or any gases or
substances which are combuStible; or acids or other substances in such
quantities as will tend to destroy the sewers; or substances that will be
creative of poisonous or combustible gases; or substances which may render
existing treatment devices ineffective. All such gases, acids and
substances shell be intercepted by traps or separators which ~d.ll com-
pletely separate the substances from the water or sewage or they shnl] be
subjected to special treatment so as to allow their safe and convenient
remov~jL, and all such traps, separators or treatment devices shall be of a
design, construction and capacity as shall be approved by the State
Department of Health.
SEC. 28. Planting of Certain Trees and Shrubbery Prohibited. Rmoval of
Obstructions to Sewers:
It shall be unlawful to plant poplar, cottonwood, soft maples, or gum, or
any other tree or any shrub whose roots are likely to obstruct public or
private sewers within thirty (30) feet of any public sewer or drainpipe.
The Building Inspector is hereby authorized to r~nove any trees or shrubs
from any public street, or the roots of any trees or shrubs which extend
into any public street, when said trees or roots thereof, are obstructing,
or ~hen he shall determine that they are liable to obstruct, public or
private sewers or drains.
Provided, however, that he shall give ten (10) days' notice in writing to
the o~ner or occupant of the abutting property to remove the same, and if
such owner or occupant fails or refuses so to do, the reasonable cost of
such removal when done by the County of Kit sap shall be a charge against,.
and a lien upon the abutting property from which such trees or shrubs are
removed, and the County Attorney is hereby authorized and directed to
collect such charge by suit maintained in the name of the County of Kitsap
as plaintiff, against the owner, in any court of competent Jurisdiction.
Such action shall be comeneed within eight months.
SEC. 29. Repair of House Connections and Side Sewers:
When any house connection or side sewer is constructed, laid, .connected or
repaired and does not comply with the provisions of this ordinance or where
it is determined by the County Health Officer, the County Engineer or the
Building Inspector that a house connection or side sewer drain ditch or
~,tural water course is obstructed, broken or inadequate and is a menace to
health or is liable to cause dan~e to public or private property, the
County Health Officer or the County Engineer or the Building Inspector sh&~l
give notice to the owner, agent or occupant of the property at which such
condition exists of such condition, and if he shall refuse to construct,
relay, reconstruct or remove the obstruction of said house connection or
side sewer, drain ditch or natural water course ~ithin the time specified
in such notice, the County of Kit sap may perform such work as may be
necessary to comply with this ordinance and the reasonable cost of such work
as done by the County of Kitsap shall be coll~.cted from the person
res~msible for such condition, or the mount thereof shall become ~ lien
upim the said property and the County Attorney is hereby authorized, em-
powered and directed to collect such cost either by the foreclosure of said
lien or by a suit against the o~ner or occupant of such property, or other
person responsible for such condition, ~hich suit shall be maintained in the
ns~e of the County of Kitsap, as plaid.tiff, in any court of competent
jurisdictL~n. Such action shall be conmenced withirA eight months.
SEC. 30. Rules and Regulations:
The Buildi~ng Inspector m~y make and issue such rules and regulations as
may be expedient and necessary to carry out the provisions of this
ordinance.
SEC. 31. Right of Sewer Commissions:
Nothing in this ordinance shall be construed to prevent any se~rer commission
or sewer district that maintains a sewer inspector f~,ll time from enac~.-8
and enforcing their own sewer ordinance, provided that such ordinance shall
not prescribe or fix a lower standard of installation than is prescribed by
this act. Be it further provided that such inspector shall meet with the
approval of the b~ilding department and be deputized as such.
SEC. 32. Duties of Sewer Colmmission:
It shall be the duty of all sewer con~issions of other controlling authority
of a ~blic sewer system to furnish to the Building Inspector or County
Engineer or both, maps, plans, specifications and standards relating to such
sewer systems, showing all grades, sewer locations, sewer depths, sewer sizes,
~m~hole locations, catch basins, openings for house connections, all
existing house connections and to furnish such additional information as
may be deemed necessary by the Building Inspector or County ~hgineer in order
to enable them to properly discharge their duties under this ordinance.
SEC. 33. Collection of Costs:
Whenever any sum of money is to be charged as a lion against a particular
property upon which work is to be done by the County of Kitsap under the
terms and provisions of this ordinance, the marmer and method of collecting
said amounts shall be, substantially as follows:
The owner or agent of the property shall be give~ a notice in writing by
the County of Kit sap, that said 'omer or agent is required to do the
particular work at the expense of the property owner. The notice shall be
in substantially the following form:
TO
certain property described as
· O~ner, and
Agent, of that
You are hereby notified to perform the following work upon
the above described property within ten (lO) days of the
date of the service of this notice upon you, viz:
:
And you are further notified that if you do not perform
said work within said period of ten (10) days, then the
County of Kitsapwill perform the same and charge the mount
of said work against said p~operty, and will proceed to collect
the ssme according to law.
THE COUNTY OF KITSAP
By
A copy of ~is notice shall be posted upon the property affected and a
further copy shall be mailed to the agent or owner at his last known address.
h case the agent or owner fails to perform said work within ten (10) days
after said notice shall have been mailed and posted, then the work shall be
done by the County of Kit sap, and as soon as practicable after said work is
performed, the owner or agent shall be notified in the same manner as heroin
before provided, that the work has been done by the County of Kit sap and of
the amount of the charge for doing said work and sh~ll be required either to
pay to the County Treasurer of the County of Kitsap said ~,~mount within (30)
days after the date of the posting and mailing of said notice to him, or to
file with the County Coxnmissioners of the County of Kitsap objections in
writing against said charge. The form of notice Just provided for shall be
substantially as follows:
, Owner, and
Agent, of
You are hereby notified that pursuant to a former
notice given you upon the ~. . day of ,
19.., that the County of Kitsap has performed the ~rk
required to be done pursuant to the said former notice,
and that the cost ~ond expense of doing said work is the
sum of dollars. You are further notified
that unless you pay said amount to the County Treasurer,
or file objections against said amount within thirty (30)
days of the date of service of this notice upon you, that
the sine shall be a lien against the above described re.~l
p~operty and will be collected by the County of Kitsap
~c~rH~ ng to law.
THE CO~I~TY OF KITSAP
By
The County Commissioners sh~]l at their next regular meeting after the
filing of any objections, or as soon thereafter as my be convenient, hear
the same. At such hearing, the Commissioners may take any action in the
matter as ma~ seem Just. After said hearing, or after the expiration of
d for no
the thirty (30) day period hereinbefore provi ed when ubJection is
filed, the amount thereof shall becom~ a lien against the property upon
which said work was performed, and the County Attorney is hereby
authorized to proceed to collect said amount in any lawful manner.
SEC. 3~. Constitutionality:
If any provisions of this ordinance shall be construed by any court to be
unconstitutional, such invalidity shall not affect the other provisions of
this ordinance.
SEC. 35. Penalty:
Any person who shall violate or fail to comply with any provisions of this
ordinance, shall be deemed guilty of a misdemeanor.
SEC. 36. Repeal of Conflicting Ordinances:
AI} ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SEC. 37 · Effective Date:
This ordinance shall be in full force and effect on January 1, 19~4.
PASSED by the County of Kitsap, State of Washington, this 13th day of
September, 1%3.
H~NRY A. BROWN,
W. J. NELSON,
F. L. PRUITT,
Chairman
Commissioner
Commissioner