(A) Definitions. For the purpose of this section, including the effective application and enforcement thereof, the following terms as used herein shall be deemed to have the meanings indicated.
“Connection.” The connection of any service sewers to the Royalton Sewer, either directly or through public lateral or local sewers.
“Industrial wastes.” Water-carried and liquid wastes from industrial or commercial processes as distinct from sanitary sewage.
“Permit.” The permission by the Building Commissioner or his or her designated representative for business buildings or properties, institutions, industrial establishments or other buildings to connect to the Royalton Sewer.
“Service sewers.” Those private sewers that collect sewage and wastes from business buildings or properties, institutions, industrial establishments or other buildings that transport such sewage and wastes to the Royalton Sewer, either directly or through public lateral or local sewers.
“Sewage” or “waste.” The water-carried waste from business buildings or properties, institutions, industrial establishments or other buildings, singularly or in any combination, together with such ground, surface and storm waters that may be present, and becoming water wastes only when permitted or authorized by permit issued by the Building Commissioner or his or her designated representative.
(B) Connection Permit Charges.
(1) No person, corporation, public agency, partnership or association shall connect or cause to be connected any building or other structure, either directly or indirectly, with the Royalton Sewer for the purpose of discharging sanitary sewage or industrial waste therefrom without first securing from the Building Commissioner or his or her designated representative a permit for such purpose in a form prescribed by Council. In addition, prior to the issuance of such permit, the applicant therefor shall first pay the charge provided for in division (B)(2) hereof, and the additional charges determined in accordance with other provisions of this section.
(2) The Building Commissioner shall not issue a permit for the purpose described in division (B)(1) hereof until the applicant therefor shall have paid:
(a) A charge of $110, which is intended to reimburse the city for the reasonable expenses of inspection and other administrative costs related to the making of connections to a Royalton Sewer; and
(b) A charge equal to $0.10 for each square foot of floor area (without any deduction for common areas, service areas or otherwise) for each business building or property, institution, industrial establishment or other building located on property that is to be served by a connection.
(3) After a connection shall have been made as provided for herein, the Building Commissioner shall not issue an occupancy permit for any business building or property, institution, industrial establishment or other building located on property that is served by that connection until the applicant therefor shall have paid a charge equal to $0.10 for each square foot or floor area (without any deduction for common areas, service areas or otherwise) for any business building or property, institution, industrial establishment or other building or addition thereto thereafter constructed as to which the charge provided for in this section has not heretofore been paid.
(C) Sewer Fund. All money collected by the city as charges pursuant to the provisions of this section shall be deposited in the Sewer Fund.
(D) Special Assessments. The imposition of charges and the issuance of permits provided for in this section shall not preclude the subsequent levy of special assessments against benefitted lots and lands to provide funds for the construction of sanitary sewers required to provide sewer service to such lots and lands, and the permits and charges provided for herein are in addition to any other permits and charges required by law and by ordinance or regulation of the city.
(E) Disconnection and Lien.
(1) In the event that any lot or land or building or other structure thereon is connected directly or indirectly to the system in violation of any of the provisions of this section, and the owner, agent, lessee, tenant or occupant of such lot or land fails or refuses to disconnect the same upon being directed to do so by the Mayor, the Mayor is hereby authorized to cause such lot or land to be disconnected from the Royalton Sewer or from any public lateral or local sewer that is connected to the Royalton Sewer, and the violator shall be liable to the city for the cost of making such disconnection.
(2) If any permit charge is not paid when due, the amount thereof shall be certified by Council to the County Auditor, who shall place the same upon the real property tax list and duplicate against the property for which the permit is required, and such charge shall be a lien on such property from the date the same is placed upon the real property tax list and duplicate by the Auditor and shall be collected in the same manner as other taxes.
(F) Filing. The Clerk of Council is hereby directed to file a certified copy of this section with the County Auditor not less than 20 days after the passage hereof.
(G) Separate Offenses. A separate offense shall be deemed to have been committed for each day that a violation of any of the provisions of this section continues after a period of 30 days following the original conviction.
(Ord. 160-90, passed 11-19-1990)