(B) There shall be a moratorium upon the requirements for payment by any persons for a period of six months from the time of enactment of this chapter of the penalty as set forth in division (A) above. Further, any person who has, pursuant to division (C) below, consented to the inspection of their respective premises within 90 days of the date of adoption of this chapter, shall not be liable for payment until such inspection has been accomplished and the person given the opportunity to bring the premises into compliance within the time frame set out in division (C).
(C) A person may avoid liability for payment of the penalty established in division (A) above upon a showing that he is in compliance with all provisions of §§ 51.02(B), (C) or 51.04(H) of this chapter, which showing shall consist of the following procedures and conditions as to each building or appurtenance connected to the sanitary sewer:
(1) Each such person shall, as to each such building or appurtenance so connected to the sanitary sewer, execute a “Grant of Permission” to the Town of Danville, to come upon the property and within the premises thereon, of such persons to inspect and/or perform sewer tests as may be deemed necessary by the town to verify the compliance hereinbefore referred to;
(3) The term “Town of Danville” as used herein, shall mean and include such employees, or designees of the Town of Danville, Indiana, as it shall, from time to time utilize in making the inspections and/or tests heretofore referred to. Such persons shall have on their persons, identification to verify the fact that they in fact represent the town for the purposes.
(4) The inspections shall be made upon reasonable notice of at least 48 hours. There shall be no fee charged for the inspections.
(5) If, upon the initial inspection contemplated by division (B) above to verify compliance, a person is in fact not found to be in compliance, the person shall be given 14 days from the date of the inspection to so comply.
(D) In the event a person if found to be in compliance as heretofore set forth, and, upon subsequent inspection is found not to be in compliance, the person shall be liable for payment of an amount equal to the sum of the months since adoption of this chapter, multiplied by the monthly penalty in effect during such period as the case may be; provided that, such liability shall be reduced to 50% of the amount if the person complies within a period of ten days after notice by the Town of Danville of his or her non-compliance a second or subsequent time, then the person shall be liable for a sum equal to $500 plus an amount equal to the sum of the months since adoption of this Chapter multiplied by the monthly penalty in effect during such period as the, case may be.
(E) The Board of Trustees has determined that the measures heretofore set out are a reasonable means of insuring compliance with §§ 51.02(B), (C) or 51.04(H) of this chapter and are further necessary to protect and insure the health, safety and welfare of the citizens of the town and surrounding areas.
(Ord. 17-1986, passed 11-3-86)