Council hears public concerns on sewer ownership; Ordinance 25-13 tabled for revision

Willard City Council opened a public hearing June 26 on Ordinance 25-13, which would clarify ownership of sewer laterals and maintenance responsibilities.

City staff said the proposed language would make clear that lateral ownership extends to the connection to the mainline and the connecting apparatus — a common approach recommended by engineers — rather than defining ownership at the property line. Staff said the change aims to reduce disputes about whether a blockage is on the private lateral or the mainline.

Several members of the public raised concerns. Ken Foreman said homeowners are not notified under Blue Stakes (underground utility marking) and laterals are not being marked; he recommended the city require marking so homeowners and contractors know lateral locations. Other commenters described clean-outs installed by the city adjacent to property lines, confusion about where responsibility lies, and the practical difficulty and cost if a lateral must be dug up beneath a street.

Council and staff discussed options to limit homeowner liability to “reasonable use” and to have the city handle the mainline and public-side repairs; staff suggested drafting language that would: (1) make homeowners responsible for maintaining the private lateral to the mainline under ordinary use; (2) require the city to repair structural failures or damage caused by traffic/installation; and (3) include clarifying language about when the city will excavate on public property.

Following the public hearing and council discussion, a councilmember moved to table the ordinance to allow staff to revise the draft. The council voted to table the item and directed staff to return the ordinance with clarified wording and to hold a new public hearing before further action.

Council did not adopt the proposed ownership change at the June 26 meeting; the item will return for additional public review after staff revisions.