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It shall be the duty of the village, by and through its Maintenance Superintendent or other persons designated by the Village Council, to inspect or use inspections to be made of all properties served by the village water system. The frequency of inspections to eliminate such potential hazards shall be as established from time to time by the village.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
The Village Maintenance Superintendent or his or her designee shall have the right to enter at any reasonable time upon any property and premises served by the village's water system for the purposes of locating abandoned wells or potential hazards of the village's water system. Upon request of the village or its Maintenance Superintendent, the owner, lessee or occupant of any property so served shall furnish to said inspector any pertinent information regarding the hazards or potential hazards and pertaining to an abandoned well on the property involved. Refusal to provide such information or to permit inspection when requested shall be deemed evidence of presence of hazards to the village's water system. If a violation occurs, the village has the option to immediately notify the Michigan Department of Environmental Quality and pursue its possible remedies under the Michigan Polluters Pay Law (PA 1982 307, as amended by PA 1990 234). Nothing contained herein shall prohibit the village from the pursuit of such other remedies as may be provided by law.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
Upon connecting to the village's water supply system, existing wells shall be abandoned and plugged within 30 days in accordance with the requirements of the Michigan Public Health Code (PA 1978 No. 368, as amended) and administrative rules adopted pursuant thereto, at property owner cost.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
In the case of demolition on any properties within the village, the properties may be searched for abandoned wells by village inspectors.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
This subchapter shall not supersede any state or county law or any other lawful ordinance or law applicable to the subject matter herein.(Ord. 46, passed 9-8-03) Penalty, see § 50.99
If, in the opinion of the village or any of its inspectors, an immediate health hazard is created or is being perpetuated by utilization of the water system by any premises, said inspector shall and is hereby authorized to take such measures as may be necessary to disconnect said premises from the village water system without further notice or proceedings. Upon accomplishing disconnection of said premises from the village water system, the village shall proceed before a court of appropriate jurisdiction for issuance of an order requiring the owner and/or occupant of said premises to show cause why said disconnection shall not be continued until further order of the court.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
All proceedings pending and all rights and liabilities existing or incurred at the time this subchapter takes effect are saved and may be consummated according to the law in effect when they are commenced. This subchapter shall not be construed to effect any prosecution pending or initiated before the effective date on this subchapter, or initiated after the effective date on this subchapter for an offense committed before that effective date.
(Ord. 46, passed 9-8-03) Penalty, see § 50.99
(A) Any person found violating any provision of this chapter for which no other penalty has been established shall be punished as provided in § 10.99.
(B) Any person violating §§ 50.37, 50.38 and 50.40 through 50.46 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 per day or imprisoned for not more that 90 days, or both such fine and imprisonment. Each day during which such violation shall occur shall be deemed a separate offense.
(Ord. 46, passed 9-8-03)