(A) Purpose. The purpose of this subchapter is to provide the maximum possible beneficial public use of the village wastewater facilities through regulation of wastewater discharges, sewer construction and sewer use, to provide for equitable distribution of the cost of the village’s wastewater facilities and to provide procedures for complying with the requirements contained herein.
(B) Scope. This subchapter shall apply to the village and to persons outside the village who, by contract or agreement with the village, or by the terms of this subchapter, are users of the village’s wastewater facilities.
(C) Administration. Except as otherwise provided herein, the Village Manager, or a representative designated by the Village Manager, shall administer, implement and enforce the provisions of this subchapter and shall establish administrative procedures and policies for those purposes.
(D) Notice of violation. Any person found in violation of this subchapter or any requirements of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any notice given shall be in writing and served in person or by registered or certified mail. This notice shall be sent to the last address of the violator known to the Village Manager. Where the address is unknown, service may be made upon the owner of record of the property involved. In determining what is a reasonable time limit for compliance, the Village Manager shall first consider the effect of the violation on the village’s wastewater facilities and on the health, safety and welfare of the residents of the village. The requirement of notice of violation shall not apply where it is specifically not stated in this section.
(E) Violations. Any person who continues to violate the provisions of this subchapter beyond the time limit provided for in the notice sent pursuant to division (D) above shall be responsible for a municipal civil infraction and, upon conviction thereof, shall be punished as provided in § 50.99 of this chapter.
(F) Continued violation. It is hereby determined that the operation of the village wastewater facilities is a service essential to the health, safety and welfare of the inhabitants of the village and surrounding areas, and that it is necessary to protect the continued uninhibited operation of the facilities by regulation of their use. It is therefore declared that continued violation of this subchapter after notice as required under this section constitutes a public nuisance which may be abated by civil suit in any court of competent jurisdiction, which remedy shall be in addition to others provided in this section.
(G) Fees and charges.
(1) All fees and charges payable under the provisions of this section shall be paid to the village. The fees and charges shall be as set forth herein or as established from time to time by resolution of the Village Council.
(2) All fees and charges payable under the provisions of this section are due and payable upon the receipt of notice of charges. Unpaid amounts shall become delinquent and shall be subject to penalty and/or interest charges, as provided for in the rate resolution.
(H) Inspections.
(1) The DPW Supervisor or his or her agents, bearing proper credentials and identification, shall be permitted to enter properties at any reasonable time for the purposes of inspection, observation, measurement and sampling of the wastewater discharges to ensure proper wastewater discharge and compliance with all laws and regulations. All entry and any subsequent work must be done in full accordance with an existing easement or in areas where the village lawfully can perform work.
(2) The DPW Supervisor, bearing proper credentials and identification, shall be permitted to enter at all reasonable times all private property over which the village holds an easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of any of the village’s wastewater facilities lying within the easement. All entry and any subsequent work on the easement shall be done in full accordance with the terms of the easement.
(3) While performing the necessary work on private properties referred to in this section, the DPW Supervisor shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
(4) During the performance on private properties of inspections, wastewater sampling or other similar operations referred to in this section, the owner and occupant shall be:
(a) Indemnified against loss of or damage to property of the owner or occupant by the DPW Supervisor; and
(b) Indemnified against and held harmless from claims asserted against the owner or occupant for bodily injury or death of the DPW Supervisor or for loss or damage to property of the village, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required in this section.
(I) Vandalism.
(1) No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the village’s wastewater facilities. Any person who violates this section shall be responsible for a municipal civil infraction and punished according to § 50.99 of this code.
(2) The notice requirements of division (D) above shall not apply to this division (I).
(Prior Code, § 50.03) (Ord. 21, passed 10-19-1993) Penalty, see § 50.99