(B) There shall be a moratorium upon the requirements for payment by any persons for a period of 6 months from the time of enactment of this subchapter of the penalty as set forth in division (A) above. Further, any person who has, pursuant to division (C) below, consented to the inspection of his or her respective premises within 90 days of the date of adoption of this subchapter, shall not be liable for payment until the inspection has been accomplished and the person given the opportunity to bring the premises into compliance within the timeframe set out in division (C) of this section.
(C) A person may avoid liability for payment of the penalty established in division (A) above upon a showing that he or she is in compliance with all provisions of §§ 53.02(B) and (C) and 53.04(H), which showing shall consist of the following procedures and conditions as to each building or appurtenance connected to the sanitary sewer:
(1) Each person shall, as to each building or appurtenance so connected to the sanitary sewer, execute a “Grant of Permission” to the town to come upon the property and within the premises thereon of the persons to inspect and/or perform sewer tests as may be deemed necessary by the town to verify the compliance hereinbefore referred to.
(3) The term “Town of Bainbridge” as used herein shall mean and include the employees or designees of the Town of Bainbridge, Indiana, as it shall, from time to time, utilize in making the inspections and/or tests heretofore referred to. These persons shall have, on their persons, identification to verify the fact that they in fact represent the town for those purposes.
(4) The inspections shall be made upon reasonable notice of at least 48 hours.
(5) If, upon the initial inspection contemplated by division (B) above to verify compliance, a person is in fact not found to be in compliance, the person shall be given 14 days from the date of the inspection to so comply.
(D) In the event a person, if found to be in compliance as heretofore set forth, and, upon subsequent inspection, is found not to be in compliance, the person shall be liable for payment of an amount equal to the sum of the months since adoption of this subchapter, multiplied by the monthly penalty in effect during the period as the case may be; provided that the liability shall be reduced to 50% of that amount if the person complies within a period of 10 days after notice by the Town of Bainbridge of his or her noncompliance a second or subsequent time, then that person shall be liable for a sum equal to $500 plus an amount equal to the sum of the months since adoption of this subchapter, multiplied by the monthly penalty in effect during the period as the case may be.
(1996 Code, § 9-26) (Ord. 1991-1, § 17, passed 4-10-1990) Penalty, see § 53.99