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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114781
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I own a retail insurance agency in Wapakoneta ohio. my

Customer Question

I own a retail insurance agency in Wapakoneta ohio. my building's sewer system is connected with another retail business adjacent to my property. the adjacent business began having backup of sewage in their basement. the plumber discovered the sewer piping was broken and needed replaced. because the existing sewer line had been capped when a new city sewer was installed last year, the contractor had to go over 200 feet to tap into the public system. (the contractor has indicated the bill will be in excess of $60,000) I viewed the city ordinance having to do with sewer connection and section 1040.06 of the ordinance says that once you get a permit you have 90 days to run the lines "providing that the public sewer is within 100 feet of property line." the city says the connection is within 100 feet .. if you went direct which can't be done because a building is there .. therefore we had to go around building .. this seems unreasonable?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the ordinance refers to straight line distances, it does not account for going around buildings. If there was a building there, the city would have expected you to go underground to run the line direct to the sewer. The city is still not liable though for the running of the sewer lines, they are liable only for their own lines, not those on private property.
Customer: replied 9 months ago.
thanks for the answer .. certainly doesn't seem to fit the "minimum standard of rationality" provision under the "due process clause ??
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
If the city passed their ordinance through the proper publication and rules or law making process, it absolutely meets the due process requirements in that they properly passed this as their law.

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