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1040.15   PROHIBITED DISCHARGES (PRESSURE SEWER SYSTEM).
   No discharge shall be permitted which shall be in excess of or in violation of discharges permitted by Chapter 1042.
(Ord. 98-44. Passed 3-16-98.)
1040.16   ENFORCEMENT OFFICIAL.
   Council, on behalf of the Waste Water Management District, shall designate an Enforcement Official who shall be responsible for overseeing all inspections, permits and other day-to-day functions to be carried out under the terms of this chapter. The duties and functions of said Enforcement Official shall be as determined from time to time by the Governing Body and shall include:
   (a)   Notification of Council of all on-site septic operating permits and pump-out records along with any Oakland County Health Division permits regarding installation, alteration, repair or construction of any on-site septic systems.
   (b)   Monitoring/testing of surface waters in the Village for evidence of pollution.
   (c)   Monitoring/testing of on-site septic systems as provided in Section 1040.18.
   (d)   Provide guidance and counseling to all other employees, officers or other persons in connection with carrying out the purpose of this chapter and acting as liaison between the Village and the Oakland County Health Division.
(Ord. 99-97. Passed 11-15-99.)
1040.17   ENFORCEMENT ACTION.
   The Enforcement Official shall, from time to time, advise Council and the homeowner or owner/operator of any on-site septic system, when the same is deemed to be improper, malfunctioning or in a state of disrepair. Upon such notification, the individual homeowner or operator/owner of said system shall take steps to repair, correct, modify or otherwise alleviate the problem or malfunction reported. If the homeowner or owner/operator should fail to take such steps as may be reasonably necessary to correct such condition, then the Village, through the Village President or his or her designee, may order that such steps be taken, and may take any enforcement action, in order to assure that said system is brought to operational or performance standards. All such repairs, corrections, modifications or other actions as may be necessary to correct or repair said system shall be solely at the homeowner's expense, including design, pumping, repair or modifications as may be necessary.
   Upon determination that such repairs or modifications are necessary, and upon refusal of the homeowner or owner/operator of said system to effect such repairs and modifications, the Village may cause such repairs or modifications to be carried out, and all costs and expenses therefor shall be levied as an assessment against the real property upon which such system is located.
(Ord. 98-44. Passed 3-16-98.)
1040.18   INSPECTIONS AND EASEMENTS.
   (a)   The Enforcement Official shall inspect each on-site septic system within the Village.
   (b)   Council shall cause a form of easement to be prepared which shall be required as a condition precedent for:
      (1)   Each property owner who shall receive any grant funds or other services of any type or nature whatsoever from the Waste Water Management District;
      (2)   Any and all building permits within the Village, including site plan approvals, lot splits, or such other permits or decisions as may be incidental to any of the ordinances or regulatory powers of Council;
      (3)   Any operating permit under this chapter.
   (c)   The Enforcement Official, upon direction of Council, shall be fully empowered to obtain such administrative or judicial orders as may be deemed appropriate and necessary to carry out any inspections, tests, measurements or other determinations regarding any system which said Enforcement Official has reasonable grounds to believe is leaking, malfunctioning, overloaded, plugged or otherwise posing a threat to public health, safety and welfare.
(Ord. 98-44. Passed 3-16-98.)
1040.19   GRANT PROGRAM.
   (a)   The Village shall recognize, enter into and let design and construction contracts as may be necessary to carry out design, repairs, modifications or such other corrective efforts as may be determined to be necessary for those initial systems identified by the Village Engineers and as approved by the State Department of Environmental Quality, the Oakland County Health Division and the United States Environmental Protection Agency. All construction, repairs, replacements, modifications and corrective efforts shall be incorporated in designs prepared by the Village Engineer and shall be let for bids in accordance with such approved designs on an overall basis for the total work upon all such on-site systems affected.
   (b)   Each homeowner or owner/operator of each such system affected shall be assessed a pro rata share of such design costs as shall be applicable to his or her system. Such assessment shall be payable within thirty days of the date of such assessment in writing and mailed by first-class mail to such property owner. Upon failure of such property owner to pay said design assessment within thirty days, such assessment shall become a lien upon the real property upon which said on-site system is located, and all further grant awards, subsidies or activities shall cease with regard to said on-site septic system.
   (c)   Each homeowner or owner/operator of such on-site system to be included within said grant program shall be assessed an amount equal to fifteen percent of the estimated construction costs and construction engineering costs for the specific on-site system to be corrected. Such assessment shall be payable within thirty days from the date of written notification to said homeowner or owner/operator of said system. In the event of nonpayment, the Enforcement Official shall decide either:
      (1)   To proceed with the repair or modification work and place a lien for the cost of the same upon the real property upon which said system is located; or
      (2)   To take no further action for repair or modification pursuant to said grant but, rather, to leave any such repairs or modifications to subsequent enforcement action.
   (d)   In no event shall any failure to pay any assessment, whether the same shall be a lien on the property or not, discharge, forgive or excuse any homeowner or owner/operator of any such system from repairing, modifying or correcting any malfunctions of said system as may ultimately be determined by said Enforcement Official and as may be the subject of any subsequent enforcement action. In no event shall any disqualification or loss of grant funding by any homeowner or owner/ operator of any system excuse, discharge or release said homeowner or owner/operator from full compliance with all necessary requirements for protection of public health, safety and welfare as shall be determined by the Waste Water Management District and by said Enforcement Official from time to time.
(Ord. 98-44. Passed 3-16-98.)
1040.20   ADMINISTRATION.
   Council, on behalf of the Waste Water Management District, shall take such action as it may deem necessary from time to time to assure the proper administration and the carrying out of the objective of this chapter, subject to the provisions and limitations of the Village Charter, including, without limitation, the following:
   (a)   To provide for working facilities for employees, including desks, clerical assistance and telephones.
   (b)   To purchase such policies of liability insurance as it shall deem necessary.
   (c)   To rent, hire, lease or otherwise acquire ownership or use of any real or personal property, including automobiles or other specialized vehicles, as may be deemed necessary from time to time in carrying out the purpose of this chapter.
   (d)   To enter into such financing arrangements as may be necessary from time to time to assure financing of the programs necessary to carry out the purpose and objective of this chapter.
(Ord. 98-44. Passed 3-16-98.)
1040.21   HOMEOWNER'S OBLIGATION.
   (a)   Except as grant funds may be available from time to time, all obligations for construction, repairs, modifications, rectifications or other actions necessary to correct or bring such an on-site system or pressure sewer system into compliance shall be the sole responsibility of the owner of property upon which said system or a portion thereof is located, or the owner/operator of said system. The obligations of said homeowner or owner/operator of said system shall include all costs of design as well as repair, modification or replacement of said system. If, upon notification to said property owner, no action is taken, the Village may itself take such action for construction, repair, modification or replacement, but all such actions shall be solely the financial obligation of said property owner or owner/operator of said system.
   (b)   Any costs incurred by the Village for and on behalf of any such property owner or owner/operator of said system shall be billed to said property owner.
   (c)   If such bill is not paid within thirty days of written notification to said homeowner, then such sum as contained therein shall be filed as a lien against the real property upon which said system is located and shall in all respects be treated and collected as a tax lien upon said real property in accordance with the real property tax laws of the State.
(Ord. 98-44. Passed 3-16-98.)
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