§ 11-16-150 — Duty to repair

11-16-150 Duty to repair.

(a) It shall be the duty of the property owner, or property owners jointly, in a situation in which multiple persons own a portion or all of a private sewer, private drain, house sewer or other sewer structure, to maintain clean and free from obstruction any private sewer, private drain, house sewer or other sewer structure, up to the point where it connects to the City-owned sewer and to make any necessary repairs to the private sewer, private drain, house sewer or other sewer structure, except as indicated in Section 11-16-020. (b) If the property owner violates this section, the Commissioner shall notify the owner or owners in writing of their duty to maintain or repair the private sewer, private drain, house sewer, or other sewer structure. The notification shall be sent via certified mail and shall contain the following information: (i) a statement describing the maintenance or repairs to be made; (ii) the number of days allowed for completing the maintenance or repairs; (iii) the penalty for noncompliance; and (iv) the date the notification was sent. (c) If the maintenance or repairs described in the notification are not completed within the time period specified in the notification that is sent pursuant to subsection (b) of this section, the Commissioner may, subject to the availability of appropriated funds and subject to the owner or owners executing a right-of-entry agreement with the City, cause the maintenance or repairs to be done at the owner’s or owners’ expense. The owner or owners shall pay the City in full for any costs and expenses which the City incurs in connection with the performance of that work; provided, however, that (1) if the damage necessitating any maintenance or repair was caused by a utility company, the utility company shall be liable for any costs or expenses incurred by the City in connection with the performance of that work; and (2) the owner or owners shall not be liable to the City for any damage to any private drain, house sewer, or other sewer structure caused by the City or its employees or agents in the performance of City business. (Added Coun. J. 2-6-02, p. 78883, § 1; Amend Coun. J. 12-16-24, p. 22879, Art. I, § 6)