§ 53.015 USE OF PUBLIC SEWERS REQUIRED.
   (A)   It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property with the town, or in any area under the jurisdiction of the town, any human or animal excrement, garbage, or objectionable waste.
   (B)   It shall be unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of the town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of §§ 53.015 through 53.017, 53.030 through 53.039, 53.050 through 53.062, 53.075, and 53.076.
   (C)   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
   (D)   (1)   The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the town, is hereby required at the owner’s expense to install suitable toilet facilities therein and to connect the facilities via the building sewer (through and including a suitable septic tank) to the proper public sewer in accordance with the provisions of §§ 53.015 through 53.017, 53.030 through 53.039, 53.050 through 53.062, 53.075, and 53.076, within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet (91.14 meters) of the property line.
      (2)   As a condition of connection to a public sewer, the owner(s) shall grant a right-of-access easement to the septic tank to the town for the purpose of cleaning and inspection.
(2005 Code, § 53.015)
      (3)   The requirements of division (D)(1), above, shall not apply to any house, building, or other property which is annexed into the town with an already functioning septic tank sewage treatment system. If said property is annexed into the town with a properly permitted and functioning septic tank, the Town Council cannot and shall not require said property owner to abandon his or her properly operating private septic tank in exchange for a mandated connection to the town’s sewer system. If, on the other hand, the state’s or county’s Health Department identifies that a septic tank is not functioning, only an order from the Health Department can require a property owner to abandon his or her septic tank and to connect onto the town’s sewer system, at the property owner’s expense. If such an abandonment of an existing septic tank system is required, the property owner shall comply with all federal, state and local laws governing such an abandonment. In such a case, the property owner will be required to pay the sewer service capacity fee to the town, in addition to any other fees and permits required to connect a new sanitary sewer service into the town’s sewer system.
   (E)   Any houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, already situated within the town by January 1, 2004, and built prior to 1998 with a properly permitted and functioning septic tank, the Town Council cannot and shall not require said property owner to abandon his or her properly operating private septic tank in exchange for a mandated connection to the town’s sewer system. If, on the other hand, the state’s or county’s Health Department identifies that a septic tank is not functioning, only an order from the Health Department can require a property owner to abandon his or her septic tank and to connect onto the town’s sewer system, at the property owner’s expense. If such an abandonment of an existing septic tank system is required, the property owner shall comply with all federal, state, and local laws governing such an abandonment. In such a case, the property owner will be required to pay the sewer service capacity fee to the town, in addition to any other fees and permits required to connect a new sanitary sewer service into the town’s sewer system.
(Ord. G-07-27, passed 9-20-2007) Penalty, see § 53.999