If a structure, in which sanitary sewage originates which is subject to the mandatory connection requirements as defined in this Article IV, is not connected to the collection system within the given timeframe identified in Section 1042.12 (Connection deadline), the City shall notify said property owner by written notice that connection to the system is required forthwith. The giving of said notice shall be made by first class or certified mail to the property owner on which the structure is located or by posting such notice on the property. Notice shall provide the owner with the approximate location of the available public sanitary sewer system and shall advise the owner of the requirements and the enforcement provisions of this chapter, IRUA Rules and Regulations, and Sec. 12751 through 12758 of Act 368 of Public Acts of Michigan 1978, as amended.
(a) Civil Penalty for Late Connection. Persons who fail or refuse to connect to the system within the time prescribed shall be liable for a civil penalty of five hundred dollars ($500.00) for each single family residential unit multiplied by the number of units and/or multiplying factors as established by the table of residential equivalents.
(b) Civil Action for Late Connection. In the event that the required connection is not made to the system within six months after the date of mailing or posting of the written notice, the City may bring an action in the manner provided by law in a court of competent jurisdiction for a mandatory injunction or court order to compel the property owner to immediately connect the affected property to the available public sanitary sewer system.
(c) By Criminal Proceedings. Any violation of this chapter including failure to comply with the mandatory connection requirements of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00), and costs of prosecution, or incarceration for a period of not more than 90 days or both, such fine and imprisonment in the discretion of the court. Each day that a violation of this chapter shall continue shall be construed to constitute a separate offense.
(Ord. 499. Passed 4-9-13.)