Resolution 1999-27 STATE OF ILLINOIS )
COUNTY OF KENDALL )
RESOLUTION NO. 1999- 012
RESOLUTION ESTABLISHING UNITED CITY OF YORKVILLE
SANITARY SEWER MAINTENANCE POLICY
(AMENDING RESOLUTION 1986-146)
WHEREAS, the United City of Yorkville has held several public meetings through the
Public Works Committee of the City Council concerning the issue of structural maintenance of the
City sanitary sewer system; and
WHEREAS, the United City of Yorkville has recognized by reason of said meetings, and
from concerns raised by citizens of the City that an issue exists as to who should incur the financial
cost of maintaining said City sanitary sewer system; and
WHEREAS, the United City of Yorkville has been asked to determine and adopt a written
policy concerning the structural maintenance of lateral sanitary sewer lines running from the point
they intersect with the City main sanitary sewer line to the point they leave City property and enter
private property for the purpose of connecting up with the homes or buildings located in the United
City of Yorkville; and
WHEREAS, the United City of Yorkville has determined it to be in the best interest of the
public good and welfare of its citizens and for the sound structural maintenance of its City sanitary
sewer system;
NOW THEREFORE,the Mayor and the City Council of the United City of Yorkville hereby
resolve as follows:
I. The United City of Yorkville shall assume and takeover the responsibility of the
structural maintenance of all sanitary sewer mains, all lateral sanitary sewer lines
located solely on City property between the City sanitary sewer main and to the edge
of City property where said lateral enters upon private property.
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2. Upon the receipt of any request for structural sewer maintenance service by a citizen,
or upon determination of a sewer maintenance problem by the City Director ofPublic
Works, the City through its Public Works Department shall inspect the need for
repair and shall in the sole discretion of the Director of Public Works determine if the
sanitary sewer structural maintenance work is necessary to be accomplished on that
portion of the City sanitary sewer located within City property, or if said sanitary
sewer maintenance work must be done on private property.
3. The determination of the Director of Public Works shall be transmitted orally
immediately to all owners of private property affected; and a written notice thereof
at the property owners last known address shall be sent within 48 hours of the
determination being made by the City Director of Public Works. In the event the
Public Works Director is unable to determine the precise cause of a structural defect
in a lateral sanitary sewer line,the Director of Public Works may defer the decision
to the City Sewer committee for a hearing and final determination under Section 8
hereafter provided.
4. Said notice procedure may be waived by the Director of Public Works if he
determines in his sole discretion that structural maintenance work must be performed
on an emergency basis in order to prevent property damage or personal injury to any
citizens, the public at large, or to City property.
5. Upon a determination being made by the City Public Works Director that the
necessary sanitary sewer maintenance must be done on a lateral sewer line wholly on
City property, the City shall bear the full cost of, and be responsible for said
necessary sanitary sewer repairs.
6. In the event the City Public Works Director determines that the necessary sanitary,
sewer maintenance or repair is to be done either partially or wholly upon the property
of a private citizen; that private citizen owning the real property upon which said
repair or maintenance must be accomplished shall pay either all of the cost of repair;
or the proportionate share of the cost represented by the actual expense incurred for
labor and materials installed on the private citizen's property.
7. In the event it is necessary to uncover a lateral sanitary sewer line to determine the
cause of any sanitary sewer problem, the cost of excavating said lines shall be
apportioned as set forth above upon final determination of the cause of said sanitary
sewer problem.
8. In the event any private citizen disagrees with the determination of the City Public
Works Director as to the cause of a lateral sanitary sewer problem; said citizen may
request a hearing before the City Public Works Committee,or such other committee
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as is designated by the Mayor for purpose of appealing the decision. The request
must be received in writing by the City Clerk within seven days of the mailing of the
initial notice of determination by the City Public Works Director.
9. The decision of the City Public Works Committee,or other hearing committee shall
be forwarded to the City Council in writing after the hearing and the determination
of the City Council shall be final.
10. a. Structural maintenance shall be defined as any collapse or structural
obstruction of a sanitary sewer main or lateral line located in City property
which prevents the use of a main or lateral line for its intended purpose. It
shall further be defined to include any back-pitch in a reverse direction from
the City main to private property in any lateral sanitary sewer line which is
of such a severe nature to prevent the flow of sewage from private property
to the City main,without back-up into a private or public structure served by
said lateral sanitary sewer line.
b. Structural maintenance shall exclude by definition any rodding of any lateral
sanitary sewer line closed by roots or normal sewerage debris whether located
on private or City property. All rodding of lateral sanitary sewer lines shall
be done at the expense of the owner or owners of private property serviced
by said lateral sanitary sewer line.
11. The owner or owners of private property served by any lateral sanitary sewer line
shall execute a written agreement with the United City of Yorkville to pay their
proportionate share of cost of repair of any lateral sanitary sewer line prior to the
commencement of any repair being made. In the event the owner of private property
fails to pay any proportionate share of repair cost within 60 days of being billed
therefore by the United City of Yorkville,the City shall have a right to file a lien for
recovery of said costs against the owner of private property for the unpaid invoice
plus interest at nine (9%)percent per annum.
12. The owner of private property served by a lateral sanitary sewer line shall grant to the
City an easement for any work to be performed or improvements made to any lateral
sanitary sewer line.
13. To the extent that Resolution#1986-146 is not modified, that Resolution is ratified
and shall remain in full force and effect. To the extent that Resolution is inconsistent
with this current Resolution, this Resolution#99- 'A') _shall control and be in full
force and effect.
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IN WITNESS WHEREOF, this Resolution had been enacted the 20`'day of November 1986, and
revised this 15`'day of July 1999.
PASSED AND APPROVED THIS ay of July1999.
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MAYOR
ATTEST=
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CITY CLERK
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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