Village of Beverly Hills, MI

Terms used in this chapter have the following meanings:

County: The Oakland County Department of Public Works.

Evergreen Sanitary Sewer: The Evergreen Sanitary Sewer acquired and constructed by the County pursuant to a certain contract between the county and the Village and certain other municipalities dated November 10, 1958, and as amended December 22, 1958 and February 4, 1959.

General Obligation Bonds: The general obligation bonds authorized to be issued by the electors of the Village at the election held on March 14, 1960.

Premises: Any property from which emanates that quantity of sewage ordinarily arising from the occupancy of a residence building by a single family or ordinary size.

Residential Property Owner: A residential property owner is a single family residential property or a homeowner's association utilizing village water service. {Ord. 350; 7-5-14}

Revenues and Net Revenues: Have the meanings as defined in Section 3 of Act 94, Public Acts of Michigan, 1933, as amended.

Secondary Area Maintenance Water Meter: A secondary area maintenance water meter is directed exclusively to a sprinkler system or outside spigot or connection such as, but not limited to, a swimming pool, which water would not enter a sanitary sewer system and will not be applied to the calculation of the sewage disposal bill for the property {Ord. 350; 7-5-14}

Sewer: Any sanitary or combined storm and sanitary sewer located within the Village.

System: The complete sanitary sewer system of the Village of Beverly Hills, including all sanitary sewers and combined storm and sanitary sewers, all pumping stations and all other facilities now owned or hereafter acquired by the Village, used or useful in connection with collection and disposal of sanitary sewage.

8.02 OPERATION OF SEWER SYSTEM

(a) The system shall be operated on a public utility rate basis, pursuant to the provisions of Act 94, Public Acts of Michigan, 1933, as amended, and Act 185, Public Acts of Michigan, 1957, as amended. The system shall be operated under the management and direction of the Village Manager, subject to the overall general supervision and control of the Council.

(b) The system shall be operated on the basis of a fiscal year beginning July 1 and ending on the next following June 30.

8.03 DISPOSITION OF REVENUES

The revenues of the system shall be set aside and collected and deposited in such depository or depositories as are named by resolution of the Village Council, and such funds shall be disbursed as directed by the Village Council.

8.04 BASIS OF SEWER RATES

The sewer rates fixed in this chapter are estimated to be sufficient to provide for the payment of the expenses of administration and operation and such expenses for the maintenance of the system as are necessary to preserve the same in good repair and working order; to provide for payment of the sewage disposal charges required to be paid to the County; to provide for the payment of the annual payments required to be made to the County in connection with the Evergreen Sanitary Sewer; general obligation bonds; and to provide for such other expenditures and funds for said system as this chapter may require. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts.

8.05 SEWER SERVICE RATES

The initial rates to users of the system shall be as follows:

(a) Consumption Charge. Each premises within the Village connected to the system shall pay a consumption charge based upon the amount of water used as shown by the water meter installed in each premises as follows:

1. Rates and charges for the use of the sanitary sewer system of the Village of Beverly Hills are hereby established and made against each lot, parcel of land or premises which may have direct or indirect connections to the system or which may otherwise discharge wastewater either directly or indirectly into the system.

2. The rates and charges hereby established shall be based upon a methodology which complies with applicable federal and state statutes and regulations. The amount of the rates and charges shall be sufficient to provide for debt service and for the expenses of operation, maintenance and replacement of the system as necessary to preserve the same in good repair and working order. The amount of the rates and charges shall be reviewed annually and revised when necessary to insure system expenses are met and that all users pay their proportionate share of operation, maintenance and equipment replacement expenses.

3. The amount of such rates and charges and the intervals at which users of the wastewater system are billed shall be determined by resolution of the Village Council.

4. The rates and charges for operation, maintenance and replacement hereby established shall be uniform within the area serviced by the Village of Beverly Hills. No free service shall be allowed for any user of the sanitary sewer system.

5. All customers of the Village of Beverly Hills sanitary sewer system shall receive an annual notification, either printed on the bill or in the official Village newsletter, which will show the breakdown of the wastewater disposal bill into its components for:

(a) Operation, maintenance and replacement; and

(b) Debt service.

(b) Maintenance Charge. Each premises within the Village connected to the system shall pay a maintenance charge of Three dollars ($3) per quarter, such charge to commence January 1, 1965.

(c) Debt Service Charge. In addition to the consumption charge as set forth above, each premises within the Village connected to the system shall pay a debt service charge, as follows:

1. Each premises connecting directly or indirectly to the Evergreen Sanitary Sewer shall pay a debt service charge of Two Hundred and Sixty dollars ($260). The charge shall be paid by each premises at the time that connection is made directly to the Evergreen Sanitary Sewer, or at the time that any sewer to which a premises has heretofore been connected is connected to the Evergreen Sanitary Sewer directly or indirectly. As an alternative, said connection charge may be paid by premises on which a building is located on September 19, 1960 over a period of not exceeding ten (10) years. In the event that the owner of such a premises elects to make payment over a period of ten (10) years, the payments shall be made annually the first November 1 following the date when connection is made on November 1 of each year thereafter in accordance with the following schedule:

First year $41.60 Sixth year $33.80
Second year 40.04 Seventh year 32.24
Third year 38.48 Eighth year 30.68
Fourth year 36.92 Ninth year 29.12
Fifth year 35.36 Tenth year 27.56

At any time during the said ten (10) year period, any premises may prepay the balance of said connection charge by paying a sum equal to the product resulting from multiplying a number equal to the difference between ten (10) and the number of installments actually paid in accordance with the foregoing schedule by twenty-six ($26) dollars.

The debt service charge provided for in this paragraph one (1) shall, in this chapter, be referred to as the "Evergreen Charge."

2. In addition to the Evergreen Charge, all premises connecting directly or indirectly to the sewer acquired and constructed from the proceeds of sale of the general obligation bonds shall pay a debt service charge of Two Hundred Twenty-Nine Dollars and Fifty cents ($229.50), said charge to be paid at the time that connection is made to any sewer connecting to said sanitary sewers acquired and constructed from the proceeds of sale of the general obligation bonds, or at the time connection is made directly to said sewer constructed from the proceeds of sale of the general obligation bonds.

As an alternative, said debt service charge may be paid by premises on which a building is located on February 19, 1962 over a period not exceeding fifteen (15) years. In the event that the owner of such premises elects to make payment over a period of fifteen (15) years, the payments shall be made annually on April 1 following the date when connection is made and on April 1 of each year thereafter, in accordance with the following schedule:

First year $29.07 Eighth year $22.64 Second year 28.15 Ninth year 21.73
Third year 27.23 Tenth year 20.80
Fourth year 26.32 Eleventh year 19.89
Fifth year 25.40 Twelfth year 18.97
Sixth year 24.48 Thirteenth year 18.05
Seventh year 23.56 Fourteenth year 17.14
Fifteenth year 16.22

At any time during the said year period, any premises may prepay the balance of said connection charge by paying a sum equal to the product resulting from multiplying the number of installments actually paid in accordance with the foregoing schedule by Fifteen dollars and Thirty cents ($15.30). The debt service charge provided for in this paragraph two (2) shall, in this chapter be referred to as the "Bond Charge."

(d) New Construction. All new construction shall pay all such debt service charge or charges in full prior to the issuance of a building permit whether or not said system is then available to the property.

(e) Change of Use. Once a property has been connected to the system subsequent changes in the character of the use of said property (including partial or total destruction, removal or abandonment of any or all improvements thereon) shall not abate the obligation to continue the payments of the debt service charge assigned at the time of connection; and if subsequent changes in the use of the property increase the amount of the sewage emanating from the property, the Village Council may increase the debt service charge assigned to said property and the debt service charge computed on the basis of the increased use shall be payable during the remainder of the period hereinbefore provided.

(f) Special Rates. For miscellaneous services for which a special rate should be established, or for services not covered by the provisions of this chapter such as for any parcels of property used for other than single family residential purposes, the Council shall establish a special rate.

6. The sewage rate for the sewage disposal system shall not apply to a residential property owner where water is separately metered and used for secondary area maintenance. {Ord. 350; 7-5-14}

8.06 DEBT SERVICE CHARGE - TWELVE TOWN RELIEF DRAIN, ENCLOSURE OR RED RUN DRAIN NO. 2 AND SOUTHEASTERN OAKLAND COUNTY SEWAGE DISPOSAL SYSTEM-DEQUINDRE INTERCEPTOR

(a) The "Twelve Town Relief Drain," "Enclosure of Red Run Drain No. 2" and "Southeastern Oakland County Sewage Disposal System-Dequindre Interceptor" are those systems acquired and constructed by Oakland County pursuant to contract with the Village.

(b) In addition to any consumption or other charge, each presently developed premises connecting directly or indirectly with storm water or sanitary flow, within the limits of the Twelve Town Relief Drain or Southeastern Oakland County Sewage Disposal System-Dequindre Interceptor, shall pay a debt service charge as hereinafter provided.

(c) Premises within the limits of the Twelve Town Relief Drain district may pay a debt service charge of One Thousand Thirty-Five dollars and Seventy-four cents ($1,035.74) on or before May 15, 1963. All such premises not paying said debt service charge by May 15, 1963 shall pay a debt service charge, payable quarterly thereafter, for a period not exceeding thirty (30) years at a rate of Eleven Dollars and Forty cents ($11.40) per quarter. The first billing hereunder shall be June 1, 1963 for the quarter ending May 31, 1963.

(d) Premises within the Southeastern Oakland County Sewage Disposal System-Dequindre Interceptor district may pay a debt service charge of Fifty-three Dollars and Sixty-five cents ($53.65) on or before May 15, 1963. All such premises not paying such debt service charge by May 15, 1963 shall pay a debt service charge, payable quarterly thereafter, for a period of not exceeding thirty (30) years at the rate of Sixty cents ($.60) per quarter. The first billing hereunder shall be June 1, 1963 for the quarter ending May 31, 1963.

(e) Any premises not presently developed within the limits of the Twelve Town Relief Drain district, shall at the time permit is taken out for development, pay debt service charge by paying the Village in cash an amount equal to the number of years times Forty-five dollars and Sixty cents ($45.60) elapsed since the date of April 8, 1963. Any part of a year shall be considered as a whole year for this purpose. Thereafter, the premises shall be billed quarterly as provided in subsection (c).

(f) Any premises not presently developed within the limits of Southeastern Oakland County Sewage Disposal System-Dequindre Interceptor district shall at the time permit is taken out for development, pay debt service charge by paying the Village in cash an amount equal to the number of years times Two dollar and Forty cents ($2.40) elapsed since April 8, 1963. Any part of a year shall be considered as a whole year for this purpose. Thereafter said premises shall be quarterly as provided in subsection (d).

(g) Current debt service charge shall become a lien on such premises on its due date which date is the 1st day of the month following each quarter. If any such debt service charge, including penalty, is not paid by the following May 1, the Village official in charge of the collection thereof shall certify such delinquency to the Village Assessor, whereupon such delinquent debt service charge, including penalty, shall be by him entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general Village taxes against said premises are collected and the lien thereof enforced.

(h) A penalty of ten percent (10%) of the debt service charge shall be added on any debt service charge not paid within fifteen (15) days of its due date.

(i) Two separate depository accounts designated as Twelve Town Relief Drain and Dequindre Interceptor Contract Payment Fund (hereinafter referred to as "Contract Payment Fund"), the monies on the deposit therein from time to time to be used for the purpose of paying the contractual payments required to be paid by the Village to the Village and certain other municipalities entered into for the purpose of acquiring, constructing and financing the Twelve Town Relief Drain and Enclosure of Red Run Drain No. 2 as well as the Dequindre Interceptor. There shall be deposited in the Contract Payment Fund all of the revenues from the debt service charge, the money to be deposited in the Contract Payment Fund at the time that the monies are collected. Money shall be transferred from the Contract Payment Fund at such times as shall be necessary to meet the annual contractual payments required to be paid by the Village to the County in connection with the Twelve Town Relief Drain and Enclosure of Red Run Drain No.2 as well as the Dequindre Interceptor. Monies in such fund may be invested in obligations of the United States of America, with maturity so scheduled as to make available to the Village monies required to meet its obligation to the County under said contracts.

(j) Except as changed by the provisions of this subsection, all the provisions of this chapter shall apply to the Twelve Town Relief Drain, enclosure of Red Run Drain No. 2 and Southeastern Oakland County Sewage Disposal System-Dequindre Interceptor.

8.07 BILLING

Bills for the consumption charge shall be rendered quarterly during each operating year and shall represent charges for the quarterly period immediately preceding the date of rendering the bill. The Evergreen Charge and the Bond Charge shall be paid annually on the dates indicated above. Said bills shall become due and payable within fifteen (15) days from the date thereof and for all bills not paid when due, a penalty of ten percent (10%) of the payment of such bill shall be added thereto.

8.08 LIEN FOR CHARGES

The charges and rates for sewer services provided above which are under the provisions of Section 21, Act 94, Public Acts of Michigan, 1933, as amended, made a lien on all premises served thereby, unless notice is given that a tenant is responsible, are hereby recognized to constitute such lien, and whenever any such charge against any piece of property shall be delinquent for six (6) months, the Village official or officials in charge of the collection thereof shall certify annually, on May 1 of each year, to the Assessor of the Village, the fact of such delinquency, whereupon such charge shall be by him entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general Village taxes against such premises are collected, and the lien thereof enforced; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Section 21 of Act 94, Public Acts of Michigan, 1933, as amended, no further service shall be rendered such premises until a cash deposit of not less than Twenty Dollars ($20) shall have been made as security for payment of such charges and service.

8.09 SHUTTING OFF WATER

In addition to other remedies provided, the Village shall have the right to shut off and discontinue the supply of water to any premises for non-payment of sewer rates when due. If such charges are not paid within thirty (30) days after the due date thereof, then water services to such premises shall be discontinued. Water services so discontinued shall not be restored until all sums then due and owing shall be paid, plus a turn-on charge of Five Dollars ($5).

8.10 SEWER CONNECTION REQUIRED

(a) Except as provided in Section 8.11 (b) it shall be unlawful for the owner or his agent or other person having charge of or occupying any building constructed for residential, commercial or industrial use on any lot, tract or parcel of ground abutting on any street, alley or easement in the Village in which a public sewer is in existence, after the owner or his agent or other person having charge of or occupying the said property has been given notice as herein provided that a public sewer is available to receive connections therewith and ninety (90) days notice shall have expired, to have the plumbing in such building remain unconnected to the public sewer.

(b) Within ninety (90) days after the service of the notice for which provision is herein made, except as provided in section 8.11 (b), the owner, agent or other person having charge of or occupying any such building, must disconnect all plumbing from any river, stream, drain, body of water, cesspool or septic tank, other than such public sewer, and fill all cesspools and privy vaults with fresh earth or suitable material and connect all plumbing in such building with the public sewer.

8.11 NOTICE TO CONNECT TO SEWER

(a) Service. When a public sewer is available to receive connections therewith, the Council shall cause appropriate notice to be served upon the owner, agent or other person having charge of or occupying the property, that a public sewer is ready and available to receive connections therewith and that after ninety (90) days from the service of said notice the use of privy vaults, septic tanks or cesspools on said property must be discontinued, the plumbing disconnected therefrom, and all cesspools and privy vaults filled with fresh earth or other suitable material, and that all plumbing must be connected with the public sewer. Said notice shall be served either personally on the owner, agent or other person having charge of or occupying the property or by first class United States mail, postage prepaid, in sealed envelopes addressed to the owner at his regular place of residence, or to agent or other person occupying or having charge of the property, where said agent or other person lives upon the property the plumbing of which is to be connected with the public sewer.

(b) Exception. Where such property serviced by a septic tank has upon it a building which lies four hundred feet (400') beyond the nearest part of a public sewer and the owner, agent or other person having charge of or occupying the property certifies to the Village Council such fact, and in addition, presents to the Village Council a certificate from the Oakland County Health Department that such septic tank, or the use thereof, is not polluting the ground or surface as to constitute a hazard to the health of occupants or of the public, the Village Council may except said property from connecting to the system, provided that any such property excepted from connecting to the system by the Council shall be excepted from so connecting only so long as there is no such pollution from the septic tank or the use thereof, and provided further, that to insure freedom from pollution, the owner, agent or other person having charge of or occupying the property shall be required to renew the certificate from the Oakland County Health Department annually, or at such other time as the Council may determine.

8.12 PAYMENT OF CONNECTION CHARGE, SPECIAL ASSESSMENT

Where a parcel has been specially assessed by the Village and more than the assessed units are to be connected, directly or indirectly, for such excess unit or units, there shall be paid to the Village at the time of issuing of sewer permit a connection charge in amount equivalent to what the excess unit or units would have been assessed in the first instance, which connection charge shall be in addition to the charges therein contained.

8.13 CONSTRUCTION OF SANITARY SEWER LATERALS

(a) Applicability. This section shall apply to all sanitary sewers, connections, leads or pipes carrying sewage from a point outside of the foundation walls of any building, residence, structure, or lot which are so constructed or connected as to flow directly or indirectly into the internal sewer system of the Village of Beverly Hills or the intercepting sewer system of the County of Oakland.

(b) Regulations. The construction of all sanitary sewers, connections, leads or pipes carrying sewage from a point outside of the foundation walls of any building, residence, structure or lot which are so constructed or connected as to flow directly or indirectly into the internal sewer system of the Village of Beverly Hills or the intercepting sewer system of the County of Oakland shall be made in accordance with the provisions of this section, any applicable resolutions or ordinances of the Village of Beverly Hills or the Oakland County Department of Public Works, either hereinbefore or hereinafter passed and the engineering specifications of the Village of Beverly Hills which are on file with the Village Clerk.

(c) Licensed Contractor. No person shall lay, alter, or repair any sewer, connection, leads or pipes, or make any connection whatever with a sewer, drain, manhole or building belonging to or connected to any sewer or sewers of the Village of Beverly Hills or the County of Oakland, or do any kind of work connected to the laying of house sewers, or make repairs or additions to, or alterations of any sewer constructed or connected as to flow directly or indirectly into the internal sewer system of the Village of Beverly Hills or the intercepting sewer system of the County of Oakland, unless regularly licensed by the Village Council, except that the owner of property involved need not obtain such a license provided he does not hire or contract with any person to do any of such work and he complies with all other requirements of this chapter, any applicable resolutions or ordinances of the Village of Beverly Hills or the County of Oakland, and such work is actually done by the owner.

(d) Surface Water Drainage. After September 19, 1960, except as hereinafter provided, no surface, roof, footing drains or ground water from any source shall be allowed to enter the sanitary sewer system by any device or method and no connection shall be permitted which allows other than sanitary sewage to flow thereinto. All buildings constructed after September 19, 1960 shall be constructed in such a manner that no surface, roof, footing drains or ground water from any source shall be allowed to enter the sanitary sewer system by any device or method whatever and no connection shall be permitted which allows other than sanitary sewage to flow thereinto.

(e) Disconnecting Storm Drainage. All construction existing on September 19, 1960 that is then served by sanitary sewer alone, not a combined sewer, shall, prior to connecting to the interceptor sewer, disconnect any yard drain, catch basins or downspouts from the sanitary sewer system or systems. However, weep tile or footing drains from existing construction shall not be required to disconnect from the sanitary sewer system. All construction existing on September 19, 1960 that is then served by a combined sewer shall not be required to disconnect downspouts, footing drains or weep tile prior to connection of the interceptor sewer.

(f) Material and Joints. House connection sewer from lateral sewer in street or easement to within five feet (5') from house shall be minimum six inch (6") diameter vitrified sewer pipe with rubber joint or minimum six inch (6") diameter asbestos cement pipe with ring tight rubber joint, or equal. All joints shall be tight and when tested for infiltration, shall not exceed five hundred (500) gallons per inch of diameter, per mile, per twenty-four (24) hours.

(g) Sealing Joints. The crock to iron joint shall be sealed by an approved bituminous joint filler, encased in concrete to provide a watertight seal. The iron pipe inside the building shall be plugged and leaded and remain plugged and watertight until such time as the plumbing is carried on the first floor, thereby providing that no water from the excavated basement will enter the sanitary sewer.

(h) Permit. No such house connection sewer shall be installed without a permit having been issued for same by the Building Inspector of the Village of Beverly Hills; the fee for such permit shall be Five dollars ($5) to cover cost of inspection. Opportunity for such inspection shall be provided after all pipe are in place and before the backfilling of any trench or the covering of such pipe.

(i) Work by Owner. Nothing herein contained shall prevent any bona fide owner from personally installing a house connection sewer in his own building, residence or structure provided that said owner shall:

1. Apply for and secure a permit covering the work proposed.

2. Pay the required fee.

3. Do the work himself in accordance with this chapter and with all other applicable resolutions or ordinances of the Village of Beverly Hills or the County of Oakland.

4. Apply for inspection.

5. Receive approval of the Building Inspector.

8.14 SEWER BUILDERS

(a) License Required. Any person desiring to do business as a sewer builder in connection with the sewer system of the Village of Beverly Hills or the County of Oakland shall file in the office of the Village Clerk an application giving the names of the individual or firm and place of business, and asking to be licensed by the Village Council as a sewer builder. Such application must be signed by two responsible citizens of the Village of Beverly Hills vouching for the business capacity and reputation of the applicant, and that he, the applicant, is willing to be governed in all respects by the rules and regulations which are or may be adopted by the Council of said Village.

(b) Bond and Fee. Each applicant for a license shall execute and deposit in the office of the Village Clerk, with an application, an annual fee of Five dollars ($5) and a surety company bond with sufficient surety or sureties to be approved by the Council in the sum of One Thousand dollars ($1,000), conditioned that he will indemnify and save harmless the Village of Beverly Hills from all accidents and damages caused by any negligence in protecting his work, or by any unfaithful, imperfect, inadequate, incomplete, careless or unskilled work done by him, and that he will also promptly and at a proper time replace and restore the street and ground surface over any opening he may have made to as good a state and condition as he found previous to opening the same, and to keep and maintain the same in good order to the satisfaction of the Village Engineers, for a period of one (1) year next thereafter, and that he will pay all fines imposed upon him for a violation of any of the rules or regulations prescribed by this chapter or any other applicable resolution or ordinance of the Village. The applicant shall also file a surety company bond running to the People of the State of Michigan, in the sum of One Thousand dollars ($1,000) with sufficient surety or sureties to be approved by the Council, conditioned that he will indemnify and save harmless the People of the State of Michigan from any and all damages caused by any unfaithful, imperfect, inadequate, incomplete, careless, or improper work done by him as sewer builder and for the period of one (1) year from the completion of such work; and anyone injured or damaged as aforesaid may bring action on such bond for the recovery of such damages.

(c) Names and Location. On receiving his license, the licensee shall have recorded in the office of the Village Clerk his actual place of business and the name under which the business is transacted, and shall immediately notify the clerk of any change in either thereafter. No license shall be granted to expire on the 1st day of July.

(d) Revocation of License. The Village Council may on their own initiative, for incompetency or for any unlawful act, or any improper work or conduct, suspend or revoke any license issued under this section, and the finding of the Village Council shall be conclusive and final. The Village Engineers may, for any of the causes enumerated in this section, suspend any license granted under this section for a period of ten (10) days and cause such license to be delivered up to him, and he shall forthwith report such action to the Village Council. At such meeting of the Village Council, the holder of such license must appear before the Council and shall be heard, and the Council after hearing the facts, if deemed advisable, shall revoke the license permanently.

8.15 REGULATIONS FOR CONNECTION INTO EVERGREEN INTERCEPTOR SEWER

In addition to the requirements of the Village of Beverly Hills set forth in this chapter, prior to connections either directly or indirectly into any sewer connecting into the Evergreen Interceptor Sewer of the County of Oakland, the following requirements shall be met by owner or contractor with satisfactory proof of such to be furnished to the village:

(a) A connection permit shall have been obtained by the owner or contractor from the Oakland County Department of Public Works in accordance with the provisions of the regulations of the Oakland County Department of Public Works.

(b) A suitable bulkhead to prevent construction water, sand, silt, etc. from entering the existing sewer system shall be installed by the owner or contractor, such bulkhead to be left in place until its removal is authorized by Oakland County Department of Public Works.

(c) A test for water infiltration into the system shall be performed by the owner or contractor in accordance with Oakland County Department of Public Works procedures. Ground water infiltration at any time shall not exceed five hundred (500) U.S. gallons per inch of pipe diameter per mile of sewer per twenty-four (24) hours for the overall project nor shall the infiltration exceed five hundred (500) U.S. gallons per inch of diameter per mile of pipe per twenty-four (24) hours for any individual run between manholes. It shall be the responsibility of the owner or the contractor to have a test performed for the above infiltration and shall arrange for the results of said test to be verified by the Oakland County Department of Public Works. If, in the opinion of the Oakland County Department of Public Works, ground water conditions at the time of testing would not provide for a conclusive test to the extent of infiltration, then an exfiltration test shall be required, and the maximum exfiltration rate shall be required, and the maximum exfiltration rate shall be the same as that permitted from infiltration.

(d) Yards drains, patio drains, catch basins, downspouts, weep tile, perimeter drains or any other structure used for the collection and conveyance of storm water shall not be permitted to discharge into any sanitary sewer connected directly or indirectly to the County system except that weep tile or perimeter drains for buildings existing on or before February 19, 1968 that were permitted and connected to a sanitary sewer system prior to February 19, 1968 shall not be required to disconnect from the sanitary sewer system.

(e) House connection sewer from lateral sewer in street or easement to within five feet (5') of the house (except as provided below) shall be:

1. Six inch (6") full diameter extra strength vitrified sewer pipe, manufactured in accordance with current N.C.P.I. designation ER 4-67 standards, or equal, with D.P.W. approved premium joint, or

2. Six inch (6") diameter class twenty-four hundred (2400) asbestos cement pipe with ringtite, fluid-tite, or D.P. W. approved joint, or

3. Six inch (6") diameter, service strength, cast iron soil pipe with hot poured lead joint, or approved equal, or

4. Other pipe and joints as may be approved by the Oakland County Department of Public Works.

House connection sewer shall be six inch (6") minimum diameter, except that four inch (4") pipe of comparable strength and joint material may be used. All joints shall be tight and when tested for infiltration shall not exceed the infiltration requirements of this section.

(f) Individual building sewers which are connected directly into the County Sanitary Sewer System shall conform to all requirements of this section. A connection permit shall be obtained from Oakland County Department of Public Works prior to such connection being made, such connection to be made in workmanlike manner and in accordance with procedures established by Oakland County Department of Public Works including inspection thereof.

(g) The crock to iron joints shall be sealed by an approved bituminous joint filler, encased in concrete to provide a watertight seal. Flexible adaptor fitting such as those manufactured by Fernco Joint Sealer Company or D.P.W. approved equal, may be used without concrete encasement. The iron pipe inside the building shall be plugged and leaded and remain plugged and watertight until such time as the plumbing is carried onto the first floor, the basement backfill and the roof is on the building thereby providing that no water from the excavated basement will enter the sanitary sewer.

(h) Roof waters from buildings permitted and where existing on or before February 19, 1968 that have the weep tile or perimeter drains connected to the sewer system shall not discharge into any flower or shrub bed adjacent to building wall nor upon the ground within five feet (5') of the building wall. Downspout piping shall be permanently affixed to the building wall and shall be anchored at the discharge end by an eight inch (8") by eight inch (8") concrete block which shall encase the piping and shall extend to a minimum depth of two feet (2') below grade or to undisturbed earth; however, other methods may be used if such methods receive the prior approval of the Oakland County Department of Public Works.

(i) The surface of the ground around buildings that have weep tile or perimeter drains existing on or before February 19, 1968 shall be sloped in such a manner as to provide positive drainage of all roof and surface waters away from the building. Said slope shall be uniform and shall be such that the elevation of the surface of the ground at a point ten feet (10') from the face of the building wall is a minimum of six inches (6") lower than the ground elevation at the face of the building wall.

(j) The intent of this section is to incorporate herein the requirements of the Oakland County Department of Public Works under its resolution of February 19, 1968 amending the Evergreen Sewage Disposal System Rule and Regulations.

8.16 PRIVIES, SEPTIC TANKS AND CESSPOOLS

It shall be unlawful for the owner or his agent or other person having charge of or occupying any building constructed for residential, commercial or industrial use on any lot, tract or parcel of ground abutting on any street, alley or easement in the Village in which a public sewer is in existence to construct or permit to be constructed any privy vault, septic tank or cesspool to which said building is to be connected.

8.17 NOTICE TO CONNECT TO PUBLIC SEWER

Except as provided in Section 8.11 (b) it shall be unlawful for the owner or his agent or other person having charge or occupying any building heretofore or hereafter constructed for residential commercial or industrial use on any lot, tract or parcel of ground abutting on any street, alley or easement in the Village in which a public sewer is in existence after such owner or his agent or other person in charge thereof has been given notice as herein provided that a public sewer is available to receive connection therewith and ninety (90) days shall expired, to maintain or use or cause or permit to exist any privy vault, septic tank or cesspool to which said building is connected or which is used by the occupants of said building, or to permit sewage from such building to be discharged into any river, stream, drain or body of water or other place of disposal other than such public sewer.

8.18 ENFORCEMENT

The provision of this chapter may be enforceable through the bringing of appropriate action for injunction, mandamus, or otherwise, in any court having jurisdiction, and it shall be the duty of the council and its officials, officers and agents to do all the things necessary and to bring all actions necessary for the prompt and vigorous enforcement of the provisions of this chapter.

Any violation of the provision of this chapter is hereby declared a nuisance per se and shall subject the violator to the penalties set forth in Section 1.06.

8.19 SEWER USE AND INDUSTRIAL WASTE ORDINANCE

The Beverly Hills Village Council adopted Ordinance No. 306 at its regular meeting of October 1, 2001 which amended Chapter 8 of the Municipal Code to comply with an amended consent judgment entered in the U.S. District Court which requires communities to pass sewer use and industrial waste ordinances consistent with or at least as stringent as the City of Detroit's Ordinances. The Ordinance provides for the regulation of private and public sewage disposal systems; sewer connections; waste pretreatment facilities; discharge limitations; pollutant limitations; data collecting, monitoring and sampling; and providing for penalties for the violation thereof. Copies of the complete Ordinance are available for review or purchase in the Village Office during regular business hours. {Ord. 290, 12-15-97} {Ord. 306, 10-31-01}.