§ 51.05 PROPERTIES WITHOUT ACCESS TO A SANITARY SEWER SYSTEM.

   (A)   This section shall apply to properties where there is no access to any sanitary sewer system within 300 feet of:

      (1)   The property line, if the property is adjacent to a body of water, including a lake, river, or reservoir;

      (2)   Any part of a subdivision, or land that is divided or proposed to be divided into lots, whether contiguous or subject to zoning requirements, for the purpose of sale or lease as part of a larger common plan of development or sale; or

      (3)   For all other properties, the improvement or other structure from which the sewage or similar waste is discharged.

   (B)   Where a sanitary sewer system is not available, all persons owning or leasing property shall comply with the following provisions of this chapter for private sewage disposal systems.

   (C)   Should any defect exist or occur in any private sewage disposal system or privy which would cause said sewage disposal system or privy to fail to meet the requirements of this chapter and cause an unsanitary condition, the defect shall be corrected immediately by the owner or agent of the owner, occupant or agent of the occupant. Failure to do so shall be a violation of this chapter and the violator shall be subject to the penalties prescribed in this chapter.

   (D)   At any business building situated within the county which is not connected to a sanitary sewer system, and no sanitary sewer system is available, there shall be established, installed and maintained a private sewage disposal system which shall comply with the standards of the Indiana State Board of Health, and plans and specifications for said sewage disposal system shall be submitted to the Indiana State Board of Health for their acceptance and approval. Final acceptance and inspections shall be made by the County Health Officer.

   (E)   Each dwelling provided with plumbing fixtures or a receptacle to create a sanitary flow, where no approved sanitary sewer system is available, shall be provided with a private sewage disposal system of approved type and design.

   (F)   Each private sewage disposal system serving a dwelling on an individual lot shall be properly maintained by the owner. Failure to provide and properly maintain such a system or to discharge all the sewage from the premises into a disposal system may be declared a public health nuisance by the County Health Officer.

   (G)   No private sewage disposal system shall be installed, maintained or operated on property accessible to a sanitary sewer system as outlined in § 51.06 of this chapter unless granted an exemption under § 51.07 or § 51.08.

   (H)   Any privy situated within the county shall be of the sanitary type and shall be constructed and maintained in a clean condition so that insects and rodents cannot enter the vault.

   (I)   Whenever a sanitary sewer system becomes available to property served by a private sewage disposal system, the owner of such property shall be bound by § 51.06 of this chapter unless granted an exemption under § 51.07 or § 51.08.

   (J)   The Dearborn County Board of Health shall have the authority to set reasonable fees for inspections.

(BC Ord. 2017-010, passed 9-19-17)