(A) Upon expiration of the term provided for in § 51.35, a user utilizing the sanitary sewage collection system of the town may avoid the imposition or levy of any fines, fees, charges or penalties with regard to such use and utilization by presentation of proof of compliance and continuing compliance with the provisions of §§ 51.12(H) and 51.13(A), and any amendments thereto, which proof shall consist of and include compliance with the following procedures and conditions as to each building and/or appurtenance connected to the sanitary sewage collection system of the town.
(1) Upon request by a town official, either in writing or by personal contact, each user utilizing the sanitary sewage collection system, shall, within 10 days, as to each building and/or appurtenance so connected to the system, execute a “GRANT OF INSPECTION” to the town, to permit entry upon the property served by the system on which the buildings and/or appurtenances are located, and to inspect and/or perform such tests as may be deemed necessary by the town, to verify and prove compliance with the provisions of §§ 51.12(H) and 51.13(A), and any amendments thereto.
(2) The grant of inspection shall be deemed to include the right of periodic inspections and/or tests thereafter, as may be reasonably determined to be necessary by the town to maintain, monitor and ensure continued compliance with the provisions of §§ 51.12(H) and 51.13(A), and any amendments thereto.
(3) Once a grant of inspection has been executed, it shall be deemed to be an ongoing authorization as provided for herein, no matter who may thereafter become the owner of the property covered by the grant of inspection. Once a grant of inspection has been executed, it may not be revoked by the original grantor thereof, or any subsequent owner of the property covered by the grant of inspection;
(4) Reasonable written notice of at least 48 hours shall be given by the town official to the user of the time and place at which the inspections and/or tests provided for herein are to be made.
(5) There shall be no fees charged for any inspections and/or tests conducted and performed by the designated representatives or officials of the town.
(B) In the event a user utilizing the system executes the grant of inspection, and the town determines that said buildings and/or appurtenances are in compliance, no surcharges, fines or other penalties shall be imposed or levied upon the user; provided, however, that the town shall have the right and authority, pursuant to the grant of inspection executed as required hereby and the terms of this section, as amended from time to time, to conduct additional inspections and/or tests at a later date to determine that compliance still exists.
(C) (1)In the event that a user utilizing the system fails or refuses to execute a grant of inspection to the town, for the purposes provided for herein, a surcharge of $500 per month, per billing account for such user, shall be imposed in addition to all other charges authorized and imposed under any applicable ordinances of the town as amended from time to time commencing at the next billing period following the date of the failure or refusal to execute the grant of inspection to the town.
(2) In addition to the surcharge described herein, the town shall have the right to elect to seek and pursue any and all appropriate legal proceedings for inspection purposes, as well as to collect billed surcharge amounts accrued on sewer utility billing accounts of users who fail or refuse to execute a grant of inspection to the town. In addition to the surcharge amounts, the town shall be entitled to collect the reasonable costs of litigation in the event legal proceedings are pursued, including, but not limited to reasonable attorneys fees, and consistent with the provisions of this chapter, as amended from time to time.
(Ord. 518, passed 11-14-90; Am. Ord. 613, passed 6-7-94)