Does a Tempe business have to connect to the city sewer? City Code 27-171

Subsection (a) covers properties next to an existing sewer. All persons owning real property adjoining streets and alleys in which there are sewer pipes or mains of the city sanitary sewer system, and "all persons leasing or using real property, buildings or fixtures thereon which can be served by sewers," shall cause to be connected all privies, cesspools and open or unconnected drains to the sewer. The expense is borne by the owner "or the person leasing or using the same." In addition to other remedies, the city charges sewer service rental under the applicable rate schedule for each property, building or structure that has not connected to available sewer pipes or mains.

Subsection (b) covers later-installed sewers. The same people must connect "prior to the end of one (1) year from the time such sewer system becomes available," and the city charges sewer service rental for property not connected by then.

Subsection (c) is the quote above, and it defines abatement as "filling in such privies, cesspools or septic tank systems, seepage pits and open or unconnected drains with earth, sand, gravel, concrete or other approved material."

Two nearby sections finish the picture. Section 27-172 says "All sewer taps shall be inspected and approved by the City." Section 27-154 says a violation of the article is sufficient cause for Public Works to discontinue sewer service to any premises, which is "accomplished by physically cutting and blocking the building connection," with the actual cost of disconnecting and reconnecting, plus a service charge set by Council resolution, paid before reconnection.

• Can be served by sewers. The code does not define this. A reading: a property that can physically connect to an adjoining main. Tempe's text gives no distance in feet.
• Abate. Section 27-171(c) defines the work as filling in privies, cesspools, septic tank systems, seepage pits and open or unconnected drains.
• Sewer service rental. The city's charge under its rate schedule while a property is not connected. The section does not give an amount.
• Open or unconnected drain. A drain not tied into the sewer system. The section does not define it.

Property owners, and anyone leasing or using real property, buildings or fixtures on it. For a commercial tenant that means the connection duty and its cost can reach the operator as well as the landlord.

It does not cover a property that cannot be served by sewers, since the duty in 27-171(a) turns on service being possible. Section 27-171 names no exception for a septic system that works.

A small shop on an old septic system. The city main runs in the alley behind it. The owner assumes a working septic system is a safe harbor. Section 27-171 has no carve-out for one. Chandler's 51-3 does let a functioning private septic system continue, which is why a Chandler answer cannot be reused here.

A new main arrives. A line is extended down the street and a warehouse on septic sits next to it. The one-year clock in (b) runs from the time the system becomes available. If there is no connection by the end of that year, the city charges sewer service rental.

The edge case: the lease. A tenant runs a business on a landlord's septic system. Section 27-171(a) puts the expense on "the owner of such real property or building or the person leasing or using the same." The code gives the city the right to look to either. It does not say how a lease splits the bill, so the lease decides that between the two.

1. 1Find out from Tempe Public Works whether a city sewer main adjoins the property.
2. 2If you must connect, plan the tap. Tempe's sewer tap rules and fees are on the sewer tap fees page.
3. 3Plan the plumbing permit and the tap inspection. Section 27-172 says all sewer taps must be inspected and approved by the City.
4. 4After connection, abate the old system: fill privies, cesspools, septic tank systems and seepage pits with earth, sand, gravel, concrete or other approved material (27-171(c)).
5. 5Keep proof of the connection and the abatement with the property file, since sewer rental is charged on property not connected.
6. 6If a lease assigns the work, put it in writing between landlord and tenant.

• Believing a working septic system is exempt. Chandler lets one run while it functions. Tempe's text has no such line.
• Waiting for a notice. Surprise runs its 90 days from a city notice. Tempe's one-year clock runs "from the time such sewer system becomes available."
• Leaving the tank in place. Abatement means filling in septic tank systems.
• Assuming only owners pay. The expense language includes the person leasing or using the property.

The city's code text governs; this page explains it.