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ADMINISTRATION AND ENFORCEMENT
(A) Right of entry. The Council or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation or testing, all in accordance with the provisions of this chapter. This includes inspection of buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. The city may allow for certification of compliance by a licensed plumber that has received the authority to do so by the city. The city may periodically reinspect any building or premise to determine compliance with the requirements of this chapter.
(B) Safety. While performing the necessary work on private premises referred to in division (A) above, the duly authorized city employees shall observe all safety rules applicable to the premises established by the owner or the occupant.
(C) Identification; right to enter easements. The Council or duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement at all reasonable times, all subject to the terms, if any, of that easement.
(D) Warrants. If the licensee, owner, resident or other person in control of a premises objects to the inspection of or entrance to the property, the City Administrator, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(2004 Code, § 53.140) (Ord. 781, passed 7-19-1988; Ord. 01-291, passed 5-22-2001)
(B) Abatement of nuisance; no immediate danger. If it is determined that a public nuisance has been created, or is being maintained, by violation of this chapter (as set forth hereinabove), but that the nature of the nuisance is not so as to threaten great and immediate danger to the public health, safety, peace, morals or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, within the period of time stated in the notice, abate the nuisance and permanently cease all violations.
(C) Abatement of nuisance; immediate danger. If it is determined that a public nuisance caused by the violation of this chapter exists, and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor, City Engineer or Chief of Police may cause the same to immediately be abated, and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. If notice to abate the nuisance has been given to the owner, the cost shall be assessed against the real estate as a special charge.
(2004 Code, § 53.141) (Ord. 781, passed 7-19-1988) Penalty, see § 10.99
Any user, permit applicant or permit holder affected by any decision, action or determination, including cease and desist orders, made by the Council interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Council a written request for reconsideration within ten days of the date of the decision, action or determination, setting forth in detail the facts supporting the user’s request for reconsideration. The Council shall render a decision on the request for reconsideration to the user, permit applicant or permit holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the Council is unsatisfactory, the person requesting reconsideration may, within ten days after notification of the action, file a written appeal with the Council. The written appeal shall be heard by the Council within 30 days from the date of filing. The Council shall make a final ruling on the appeal within ten days from the date of hearing.
(2004 Code, § 53.142) (Ord. 781, passed 7-19-1988)
(A) Annual audit. The city shall review, at least every year, the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater treatment facilities, and the sewer service charge system. Based on this review, the city shall revise the sewer service charge system, if necessary, to accomplish the following:
(1) Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users;
(2) Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater treatment facilities; and
(3) Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to that class of users for the next year and adjust the sewer service charge rates accordingly.
(B) Annual notification. The city shall notify its sewer users annually about the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and debt service costs of the wastewater treatment facilities.
(2004 Code, § 53.143) (Ord. 781, passed 7-19-1988)
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