§ 51.99  PENALTY.
   (A)   The commission of any act prohibited by this chapter or by lawful order of the Town Council President or lawful order or regulation of the Council, or the failure to perform without lawful justification any lawful order of the Superintendent or lawful order or regulation of the Council shall be a punishable violation of this chapter for which, unless there is another specific penalty provided, the penalty shall be a fine of not less than $100 nor more than $1,000. In the case of discharge into the wastewater system in violation of this chapter or any valid order or regulation of the Council, each day of violation constitutes a separate offense.
   (B)   I.C. 36-9-23-30 and § 51.51 permit the town to compel connection by any property producing wastewater or similar waste to the sewer system and to compel discontinuance of the use of privies, septic tanks, cesspools and similar structures if the sewer is within 300 feet of the property line of the affected property.
      (1)   Pursuant to I.C. 36-9-23-30(c), the penalty for failure to connect to the sewer system when legally required to do so shall be $500. Each day that a property fails to become connected when legally required to do so shall constitute a separate offense.
      (2)   The town shall provide a notice by certified mail advising the property owner of its intent to compel connection to the sewer system at least 90 days prior to the date specified for connection.
      (3)   No penalties under this chapter shall be assessed until the notice period in division (B)(2) of this section has elapsed.
(Ord. 285, Article I, § 1.5.3, passed 6-9-03; Am. Ord. 2009-02, passed 5-11-09; Am. Ord. 2017-03, passed 9-11-17)