Loading...
(A) The Superintendent, Inspector and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this subchapter. The Superintendent or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 51.05(E).
(C) The Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 17-1986, passed 11-3-86)
Cross-reference:
(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)
(A) In the event that circumstances uniquely applicable to a particular parcel of property causes compliance with a requirement of this chapter to be a hardship on the property owner, the Town Council (Board of Trustees) may grant the property owner a variance from the requirement.
(B) Variances from requirements of this chapter may only be granted by the Town Council upon a determination that the following conditions apply:
(1) The grant will not be injurious to public health and safety;
(2) The grant will not cause harm to the town’s sewer system and its effective operation;
(3) The grant will not violate any Federal or State law, rule or regulation;
(4) The grant will not adversely affect the revenues pledged to any outstanding sewage works revenue bonds;
(5) The use or value of the area adjacent to the property included in the variance will not be adversely affected;
(6) The need for the variance arises from some condition peculiar to the property involved;
(7) The strict application of the terms of this chapter will constitute an unusual and unnecessary hardship as applied to property for which the variance is sought.
(C) The Town Council may impose restrictions on variances from this chapter that it grants. If the Town Council determines that the restrictions have not been followed, the Town Council may revoke the variance. If without the variance a violation of the chapter exists, the town may undertake enforcement of this chapter against the owner of the property for which the variance has been revoked.
(Ord. 9-1994, passed 5-16-94)
(A) Any person found to be violating any provision of this chapter except provisions covered under § 51.16 shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limit provided for in division (A) above shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $__ for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation.
(Ord. 17-1986, passed 11-3-86)