Services connections to SCRWWTS which are found to be constructed without a permit or otherwise have been undertaken without city authorization or have not been billed for service in accordance with rates established by subsequent resolution, are deemed illegal and hereby prohibited.
(A) Upon discovery and determination of an illegal connection, the city shall inform the owner in writing of the property being serviced by such a connection that the property is served by an illegal connection; and begin the process of property lien for service without payment; and:
(1) Within 30 days of receipt of the city's letter, the owner shall contact the city and complete the service agreement, pay appropriate administrative fees, and pay appropriate service deposit to set up the account; or
(2) Within 30 days of receipt of the city's letter, the owner shall contact the city with proof that the illegal connection is in fact done legally and pursuant to the city ordinance.
(3) If within 30 days of receipt of the city's letter, the owner fails to contact the city, the owner is deemed in violation and will be cited into Municipal Court.
(B) If the connection is determined illegal, the owner shall uncover the connection and have NMCID inspectors verify the connection was done to standards. The owner will also uncover the septic tank location and have NMED inspectors verify the decommissioning and abandonment was completed in accordance with EPA and NMED regulations.
(C) If the connection is found to be in violation of NMCID regulations, or city standards and specifications document and associated detail drawings, the owner will have the connection removed and re-installed in accordance with said rules and regulations. If it is found that the septic tank has not been decommissioned by standards, the owner will have the tank properly decommissioned and abandoned prior to city acceptance.
(D) Any connection found to be illegal; the owner shall be billed in arrears for 24 months of service charges at the current authorized rates. If owner is not able to make full payment, a lien will be automatically be placed on the property and owner shall make monthly payments to satisfy the debt within a one year period; or in the event that the owner can demonstrate to the city's satisfaction the actual time period that the illegal connection has been in existence, the city will adjust the billing in arrears for service charges to the period of actual connection at double the current billing rate.
(E) If the owner of a determined illegal connection fails to satisfy any requirements of the city, the NMCID and the NMED, they will be in violation of the chapter and will be cited into Municipal Court and property lien process enacted.
(Ord. 119, passed 5-20-2009)