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Any property owner with a direct or indirect footing drain connection to the sanitary sewer system, being properly notified as described under Section 103.04, and remaining in place eighteen (18) months after said notification, shall be subject to a monthly surcharge of seventy-five dollars ($75.00) for potential un-metered flow contributed to the sanitary sewer system. The payment will be in addition to all other sanitary sewer user charges.
There is a presumption that the property owners receiving notification have a footing drain connection to the sanitary sewer system as prohibited under this Chapter. Effective eighteen (18) months after notification that properties that have not completed an approved removal procedure or other equivalent removal procedure inspected and documented by the City shall be presumed to have a footing drain connection for purposes of this Chapter.
Any property owner subject to the non-compliance fee under this Chapter may provide acceptable proof to the City that they do not have a direct or indirect footing drain connection to the sanitary sewer system. If the City determines there was no direct or indirect footing drain connection as of the date of non-compliance, the City shall refund the non-compliance fee payments collected. In the event the City determines a footing drain disconnection was completed and the footing drain connection no longer exists, the City shall discontinue the imposition of the non-compliance fee for that property owner and shall refund previous non-compliance fee payments. Such refund shall be limited to the number of monthly payments made or three (3) months, whichever is smaller.
The City may conduct periodic inspections of properties to confirm there are not direct or indirect connections of the footing drain to the sanitary sewer system. If during an inspection the City determines there is a direct or indirect connection as a result of a modification of the system to allow for a direct or indirect connection, failure to maintain or replace a failed sump pump that would allow an indirect or direct connection to the sanitary sewer system, or such other cause as may allow a direct or indirect connection, the City shall provide the property owner a written notice. The property owner shall be provided thirty (30) days to cure the defect and to arrange for re-inspection by the City. If at the end of thirty (30) days the direct or indirect connection has not been inspected and determined to have been removed, the property owner shall be subject to the non-compliance fee provisions under this Chapter. The payment shall continue until such time as the City determines through inspection the direct or indirect footing drain connection no longer exists.
(Ch. 103 - Ord. 2121 - Oct. 22 Supp.)