(A) Pursuant to I.C. 36-9-23-30, all parcels of property located within the Highview Subdivision (Sections I and II) and Lakeview Subdivision (Sections I, II, III and IV) in the city (as recorded in the office of the County Recorder), where sewage or similar waste is produced and which are located within 300 feet of an available municipal sanitary sewer collection line shall be required to discontinue the use of privies, cesspools, septic tanks and similar structures and shall be required to make a connection to an available municipal sanitary sewer collection line.
(B) (1) Should a property owner fail to comply with the requirements of this section, the city may seek and obtain and order from the County Circuit Court requiring the discontinuance of use of all privies, cesspools, septic tanks and similar structures and requiring the compliance with this section.
(2) In addition, if such an order is granted requiring the discontinuance of the use of all privies, cesspools, septic tanks and similar structures, the city may also request that the order require that the potable water supplied to the property by the city’s Water Department be shut off, until the requirements of this section are complied with.
(C) In addition to any other penalties that can be imposed, any person that is found to have violated this section shall be required to reimburse the city for all reasonable costs incurred in enforcing this section, including but not limited to attorneys’ fees incurred by the city in the enforcement of this section.
(Ord. 2012-OR-12, passed 10-1-2012) Penalty, see § 52.999