947.23 DOWNSPOUT DISCONNECTION REQUIRED.
   (a)   Illicit connection of downspouts and other sources of surface run-off to the sewer system contribute to reduction in available sanitary sewer system capacity, treatment of an increased flow volume and possible bypass of untreated sewage to area streams and tributaries. These consequences are potentially hazardous and injurious to the public health, safety and welfare of the residents of the City, and are in violation of Section 943.03.
 
   (b)   The Downspout Disconnect Program (DDP) is hereby established and shall be managed and administered by the City of Canton Collection Systems Department (CSD). In order to reduce or eliminate illicit connections, the CSD shall investigate any suspected illicit connection as follows:
      (1)   Contact the property owner/occupant either directly or by certified U.S. Mail to solicit voluntary participation in the abatement of the suspected illicit connection;
      (2)   Provide information explaining to the owner/occupant why the illicit connection must be abated, and the appropriate personnel and/or departments of the City to contact for additional information;
      (3)   Attempt to obtain voluntary consent for entry onto owner/occupant’s property for purpose of inspection, testing and abatement of illicit connection.
 
   (c)   The Collection Systems Department is hereby authorized to utilize personnel and expend necessary funds to carry out the purposes of this program. The funds for the downspout disconnection program shall be budgeted and established from the funds and revenues from the City’s Sanitary Sewer funds to accomplish the purposes stated herein.
 
   (d)   In the event that the CSD suspects an illicit connection on property where the owner and/or occupant neglects or refuses to give consent to entry onto the property, or where, after diligent inquiry, the owner/occupant or other person in possession of the property cannot be located, an inspection warrant may be obtained pursuant to Section 943.27.
 
   (e)   Should the owner/occupant or other person in possession of the property refuse or otherwise fail to give consent for the necessary acts to abate the illicit connection, the City, through the authority granted to its Board of Health pursuant to Ohio R.C. 3707.01, may proceed to take the steps necessary to abate the illicit connection.
 
   (f)   The property owner is responsible for all costs associated with the abatement or remediation of the illicit connection. The owner may be eligible for a City loan as authorized and provided in Section 947.21. (Ord. 195-2004. Passed 9-27-04.)