921.03 USE OF PUBLIC SEWERS REQUIRED.
   (a)   Being necessary and essential for the health and welfare of the inhabitants and residents of the City, all owners, tenants, or occupants of any houses, dwellings, and buildings located near sanitary sewers of the City, where sewage will flow by gravity, from such places into such sewers, are hereby required to connect with and use such sewers and other related works for the collection and disposal of all sewage and waste matter from such places.
   (b)   It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or objectionable waste. It shall be unlawful to discharge to any natural outlet or stream within the City, or in any area under the jurisdiction of such City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article, as well as with applicable regulations of the U.S. Environmental Protection Agency, the West Virginia Department of Environmental Protection and the West Virginia Department of Health.
   (c)   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, sinkhole, septic tank, cesspool, or other facility intended for wastewater disposal or storage on any property that is presently served by a sanitary sewer of the City.
   (d)   The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, right of way or easement in which there is now located or may hereafter be located a public sanitary sewer of the City, are hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sanitary sewer in accordance with the provisions of this article. All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be conducted into the sanitary sewer, subject to such limitations and restrictions as are established herein or otherwise shall be established by the Council from time to time.
   (e)   Every privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of City, shall be cleansed and filled at the expense of the owner, and any such receptacle not so abandoned and/or cleansed and filled, shall constitute a public nuisance and such nuisance may be abated as provided by law.
   (f)   No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is owned or operated by City. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
   (g)   Any person who shall violate this article concerning the sewer system shall be liable, upon conviction for a first offense and upon conviction for each subsequent offense, to a fine of not less than two hundred-fifty dollars ($250.00) nor more than five hundred dollars ($500.00), together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such. Fines and costs imposed under provisions of the article shall be enforceable and recoverable in the manner provided by applicable law.
(Passed 3-5-07.)