(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE. Compliance with the provisions of this section, and any amendments thereto.
COUNCIL. The Town Council for the town.
EMPLOYEES. The employees or designated representatives or officials of the town wastewater treatment facility as the Town Council shall, from time to time, designate and utilize in making the inspection and/or tests hereafter described and in carrying out the other duties as prescribed herein to be performed on behalf of the town.
SYSTEM. All of the facilities for collecting, pumping, treating, and disposing of sewage owned by the town within the sanitary sewer service area of the town.
USER. The owner, lessee, or occupant of the property on which the buildings and/or appurtenances that are connected to the system are located.
(B) Upon expiration of the term provided for in division (C) below, a user of the system may avoid the imposition or levy of any fines, fees, charges, or penalties with regard to such use by presenting proof of compliance and continuing compliance with the provisions of the section 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 system:
(1) Upon request by an official of the Wastewater Department or one of its designated employees, either in writing or by personal contact, each user shall, within ten business days, for each building or appurtenance 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 building and/or appurtenances are located to inspect and/or perform such tests as may be deemed necessary by the town to verify and prove compliance with the provisions of the section set forth herein, 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 the town’s regulations 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. Once a grant of inspection has been executed, it may not be revoked by the original grantor.
(4) Reasonable written notice of at least 24 hours shall be given by the town officials or designated employees 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.
(6) In the event a user executes the grant of inspection, and the town determines that the buildings and/or appurtenances are in compliance, no fines or other penalties shall be imposed or levied upon the user; however, provided that the town shall have the right and authority, pursuant to the grant of inspection executed as required and the terms of this section, to conduct additional inspections and/or tests at a later date to determine continuing compliance.
(7) A user who fails or refuses to execute a grant of inspection to the town for the purposes provided herein may be fined in an amount not to exceed $2,500 for each day the user is in violation, in addition to all other charges authorized and imposed under any applicable regulations of the town.
(8) In the event a user executes a grant of inspection, and the town inspects, conducts tests, and determines that the buildings and/or appurtenances of the user are not in compliance, the town by its designated employee shall provide written notice of the results of the inspection and tests to the user, who shall be required to permanently comply with the applicable provisions of the section set forth herein within 45 days of the date of the notice.
(9) In the event the building and/or appurtenances of the user are determined not to be in compliance with the regulations set forth herein and any amendments thereto, and the time period of 45 days for correction expires, and the user refuses or fails to bring the building and/or appurtenances into compliance with the section, the user may be fined in an amount not to exceed $2,500 for each day of noncompliance.
(C) In the event a user is found to be in compliance and subsequent inspections and/or tests determine that non-compliance now exists, all terms and provisions of the section shall be applicable. The user shall be liable for knowingly, willfully, and/or intentionally creating or permitting the violation to commence and continue, and may be fined in an amount not to exceed $2,500 for each day not in compliance.
(D) In the event a user is found to be in a state of non-compliance a second or subsequent time, then the user shall be fined not less than $100 nor more than $7,500 for each day the user is not in compliance with this section.
(E) Any user violating any of the provisions of this section shall be liable to the town for any expenses, costs, and fees, including but not limited to reasonable attorney fees, occasioned or caused to the town by reason of seeking enforcement of the regulations against the violator, as well as for any losses or damages occasioned or caused to the town or the system’s users by reason of the violation.
(F) The Town Council shall have full power and authority to invoke any legal, equitable, or special remedy for the enforcement of this section. In addition, the Town Council is authorized to institute proceedings on behalf of the town in the Circuit or Superior Court of the county for prohibitory or mandatory injunctive relief to prevent or discontinue any violations of this section.
(G) This section shall be deemed supplemental to all other sections and provisions thereof for enforcement and compliance purposes, and shall not be deemed to amend or rescind the other regulations and provisions; further, that any fines, fees, charges, or penalties levied or imposed pursuant to this chapter shall be in addition to any fines, fees, charges, or penalties levied or imposed pursuant to all other regulations and provisions thereof.
(Ord. 92-W-02, passed 8-24-92; Am. Ord. 2017-G-13, passed 11-21-17)