(A) Amount of surcharge. A surcharge of $20 per month, per billing account, shall be imposed in addition to all other charges heretofore authorized and imposed beginning the month immediately following passage and adoption of this section by the Board of Trustees of the town.
(B) Moratorium. There shall be a moratorium upon the requirement for payment by any persons for a period of six months from the time of imposition of the surcharge as set forth in division (A) above. Any person who has, pursuant to division (C) below, consented to the inspection of his respective premises within 90 days of the date of adoption of this section, 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 time frame set out in division (C) below.
(C) Proof of compliance. A person may avoid liability for payment of the surcharge established in division (A) above upon a showing that he is in compliance with all provisions of §§ 51.12(H), 51.13(A), and 51.13(B) and any amendments thereto of the town 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 or perform sewer tests as may be deemed necessary by the town to verify the compliance hereinbefore referred to.
(3) The term “TOWN” as used herein, shall mean and include such employees or designees of the town as it shall from time to time utilize in making the inspections 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. There shall be no fee charged for the inspections.
(5) If, upon the initial inspection contemplated by division (1) 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) Noncompliance.
(1) In the event that a person is 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 section, multiplied by the monthly surcharge in effect during such periods 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 ten days after notice by the town of his noncompliance.
(2) In the event a person is found to be in a state of noncompliance a second or subsequent time, then the person shall be liable for a sum equal to $1,000 plus an amount equal to the sum of the months since adoption of this section multiplied by the monthly surcharge in effect during the periods as the case may be.
(Ord. 347, passed l-l2-83)