81-6

AN ORDINANCE SETTING FOR THE AUTHORITY - EXTRAORDINARY CRITERIA UNDER WHICH THE SODAVILLE CITY COUNCIL MAY GRANT AN EASEMENT WITH ATTACHED CONDITIONS, IN A DEDICATED RIGHT OF WAY FOR THE SOLE PRUPOSE OF REPAIRING A FAILING SEPTIC DRAINFIELD ALREADY EXISTING IN SAID PUBLIC RIGHT OF WAY AND DECLARING AN EMERGENCY.

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS:

Section 1.

Upon receiving a request to repair in place an existing septic drainfield in a dedicated city right of way, the Public Works Co-Ordinator will request in writing that the applicant present documentation by a qualified sanitarian or soil scientist that either the area, slope or soil character of the applicants property is unsuitable of supporting a sub-surface disposal system or that the applicant is financially unable to perform the necessary repairs to protect the public health. Applicant must first apply for a Farmers Home or other public agency low income loan to make on-site repair; if the amount of loan money is less than the amount needed for an on-site repair but sufficient for repair of existing system in a right of way, then the criteria of need has been met.

Section 2.

Documentation must be present to the City Council at a regular City Council meeting. Council will evaluate the documentation and make its decision based on the facts presented, and may grant an easement to repair the existing drainfield only. No pumps or tanks will be allowed to remain in the right of way nor may any be installed in the right of way.

Section 3.

The Easement, if granted, will be fore the drainfield only, no pumps or tanks will be allowed in the right of way.

Section 4.

The Easement, if granted, is conditional and runs for the duration of the existing ownership at the time of application. When the property ownership changes (including the addition of another party), the drainfield must be relocated onto said property, and the old drain lines must be removed from the right of way.

Section 5.

In as much as the provisions of this ordinance are necessary for the health, safety and public welfare of the citizens and inhabitants of the City of Sodaville, Oregon, an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage by the City Council and its approval by the Mayor if the City of Sodaville, Oregon.

Passed by the Council this 23 day of October, 1981.