(A) (1) In the event that the buildings and/or appurtenances of the user are determined not to be in compliance with § 51.12(H) or § 51.13(A), of the town, and any amendments thereto, and the time period referred to herein for corrective work expires, and the user refuses or fails to bring buildings and/or appurtenances in compliance with the aforementioned sections, a surcharge of $1,000 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, commencing at the next billing period following the date of the inspection or testing by the town wherein said non-compliance was determined, for permitting such violation to continue to exist.
(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 compliance purposes, as well as to collect billed surcharge amounts accrued on sewer utility billing accounts of users who fail or refuse to comply with the requirements of the provisions of this chapter, as amended from time to time, and to perform and complete appropriate remedial corrective measures for compliance. 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.
(B) The surcharge referred to herein shall be removed only upon the following conditions:
(1) The user utilizing the system executes a grant of inspection to the town or takes the required corrective action required to bring about compliance; and
(2) The town inspects and/or performs tests on the buildings and/or appurtenances connected to the system and determines that the buildings and/or appurtenances so connected to the system are in compliance; and
(3) The payment in full of all surcharges billed to the user utilizing the system until the time period the buildings and/or appurtenances in question of the user are determined to be in compliance.
(C) In the event a user is found to be in compliance, and subsequent inspections and/or tests determine that non-compliance now exists, the terms and provisions of §§ 51.36(A)(4), 51.37, 51.38 and 51.39(A) and (B), thereof shall be applicable, except that in addition to the surcharge to be charged with § 51.39(A), if any, the user shall be liable for payment of a sum equal to the sum of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in § 51.39(A), for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue.
(Ord. 518, passed 11-14-91; Am. Ord. 613, passed 6-7-94))