(A) This section shall be deemed supplemental to all other ordinances and provisions thereof for enforcement and compliance purposes only and shall not be deemed to be amendatory or recissionary with respect to same and further, any charges, fees, fines or penalties hereinafter imposed or levied shall be in addition to any charges, fees, fines or penalties heretofore in effect or which may hereafter be imposed.
(B) A surcharge of $25 per month, per billing account, shall be imposed in addition to all other charges heretofore authorized and imposed beginning July, 2011 by the Town Council.
(C) There shall be a moratorium upon the requirement for payment by any persons for a period of six months from the time of imposition of the surcharge as set forth in division (B) above. Further, any person who has, pursuant to division (D) below, consented to the inspection of their respective premises within 90 days of the date of the adoption of this section , shall not be liable for payment until such inspection has been accomplished and the person given the opportunity to bring the premises into compliance within the time frame set out in division (D) below.
(D) A person may avoid liability for payment of the surcharge established in division (B) above upon a showing that he or she is in compliance with all provisions of § 50.04(F), which showing shall consist of the following procedures and conditions as to each building or appurtenance connected to the sanitary sewer:
(1) Each person shall, as to each such building or appurtenance so connected to the sanitary sewer, execute a “grant of permission” to the town to come upon the property and within the premises thereon, of such persons to inspect and/or perform sewer tests as may be deemed necessary by the town to verify the compliance hereinbefore referred to;
(2) The grant of permission set forth in division (D)(1) shall be deemed to include periodic inspections and/or tests as may be determined to be necessary by the town to maintain, ensure and monitor compliance with the provisions of § 50.04(F);
(3) The term “Town of Huntertown” as used herein shall mean and include such employees or designees of the Town of Huntertown, Indiana, as it shall, from time to time, utilize in making the inspections and/or tests hereintofore referred to. Such persons shall have on their persons, identification to verify the fact that they in fact represent the town for said purposes.
(4) The inspections shall be made upon reasonable notice of at least 48 hours. There shall be no fee charged for the inspections.
(5) If, upon the initial inspection contemplated by division (D)(1) above to verify compliance, a person is in fact found to be not in compliance, the person shall be given 30 days from the date of the inspection to so comply.
(6) Upon the sale or transfer of ownership of the real property to which this section applies, when establishing a new sanitary sewer account, the owner shall execute a consent for inspection, or be subject to the surcharges herein imposed.
(E) The Town Council has determined that the measures heretofore set out are a reasonable means of ensuring compliance with § 50.04(F) and are further necessary to protect and ensure the health, safety and welfare of the citizens of the town and surrounding areas.
(Ord. 11-05, passed 6-20-11) Penalty, see § 50.99