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(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.)