Maumee City Council on Dec. 2 voted to waive a third reading and adopt Ordinance 037-2024, amending Chapter 927 of the Maumee Codified Ordinances to declare certain private sewer laterals a nuisance and allow the city to use public funds to make repairs.

Council members and city staff said the change is needed so the city can tell residents when repairs will be done and proceed with work previously promised under the city’s inspection program.

City staff described the ordinance as a necessary enforcement and financing tool to address defective private sewer laterals. “We have had a pretty good response already. We have 122 people who have signed up for inspections … and we’re trying really hard to make sure that we… tell people the truth and that we’re actually gonna do this work for them without any extra cost,” Dr. Burch told council during the discussion. Staff said about 80 inspections have been completed to date.

The council discussion included a public comment from Arthur Smith of 421 West Broadway Street, who urged council to reexamine penalty language he described as “overly severe and a little draconian.” “The penalty is strict liability. It does not depend upon knowledge. Each day is a separate offense,” Smith said, expressing concern that the drafting could expose homeowners to large cumulative fines.

Alan, the city law director, responded that the ordinance includes enforcement provisions consistent with related statutes and that prosecutions would be subject to court discretion. “The court would have the discretion to enter a penalty if a charge was filed from anywhere from $0 up to $1,000,” he said, and added it is unlikely the city would pursue daily charges in ordinary cases. He said penalties exist so the ordinance can be enforced against property owners who knowingly refuse to address illicit connections.

Council members asked how penalties would be initiated and whether the clock for compliance begins only after inspection. Alan and Dr. Burch said enforcement would generally follow an inspection and notification process; the city would file charges when a property owner refused to make required repairs after notice. Councilman Leinbach asked why the readings were being waived; Dr. Burch said delays in adoption would postpone the city’s ability to commit to repairs for residents who already have signed up for inspections.

Two separate motions were made on the ordinance: one to waive the third reading and a second to adopt the ordinance. Councilman Harris moved to waive the third reading; the roll call on the waiver recorded affirmative votes from Councilmembers Noonan, Poppenberger, Farrell, Viscus, Harris, Kurt and Linebeck. Councilman Harris then moved to adopt Ordinance 037-2024; the motion was seconded (second not specified in the record) and the roll call recorded affirmative votes from Noonan, Poppenberger, Farrell, Viscus, Harris, Kurt and Linebeck. Both motions passed.

The ordinance change is paired with the city’s inspection program: staff told council inspections of private sewer laterals will not be charged a fee and that repair work for qualifying properties will be financed from rate revenue under the amended code. Staff emphasized the objective is broad participation in inspections and repairs to bring the system into compliance; one council member said the city needs “100% compliance” to address the problem effectively.

What the ordinance does not change, per the law director, is that any criminal or civil penalties would be determined through the court process and that the court would decide the amount of any sanction if charges were filed. The law director also said similar penalty provisions exist in surrounding jurisdictions.

Council members and staff said they will follow up with residents who asked for clarification. Dr. Burch offered to meet with citizens after the meeting to explain inspection and repair timelines.

Votes at a glance

- Motion to waive third reading of Ordinance 037-2024: Mover — Councilman Harris; second — not specified; Vote — Noonan: yes; Poppenberger: yes; Farrell: yes; Viscus: yes; Harris: yes; Kurt: yes; Linebeck: yes. Outcome — approved.

- Motion to adopt Ordinance 037-2024 (amending Chapter 927, sewer regulations): Mover — Councilman Harris; second — not specified; Vote — Noonan: yes; Poppenberger: yes; Farrell: yes; Viscus: yes; Harris: yes; Kurt: yes; Linebeck: yes. Outcome — approved.

What’s next

City staff will continue inspections and meet with residents who raised concerns about penalties and the timeline. Officials said inspection sign-ups and completed inspections will guide repair scheduling and public communication about when repair work will begin for individual properties.