(A) It shall be a violation of this chapter for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under its jurisdiction, any human or animal excrement, garbage or objectionable waste.
(B) It shall be a violation of this chapter to discharge to any natural outlet any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the town’s NPDES permit.
(C) Except as provided hereinafter, it shall be a violation of this chapter to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(D) Subject to the exemptions provided in I.C. § 36-9-23-30.1, the owner of any property producing sewage or similar waste, which is within the town or its service area, may be required at the owners’ expense to install a suitable service connection to the town’s POTW and to discontinue the use of privies, cesspools, septic tanks and similar structures if:
(1) There is an available sanitary sewer within 300 feet of the property line of the affected property; and
(2) The town has given notice by certified mail to the property owner at the address of the property at least 90 days before the date specified for connection in the notice.
(E) The town may apply to the Johnson Circuit or Superior Courts for an order to require a connection to its POTW pursuant to division (D) of this section. Pursuant to I.C. § 36-9-23-30(d), the court shall assess the cost of the action and reasonable attorney’s fees of the town against the property owner in such an action.
(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019) Penalty, see §
53.99