(a) No person, firm or corporation shall fail, refuse or neglect to connect any structure or use of a premises that produces or generates sewage as the same is defined in Ohio Administrative Code § 3701-29-01 (AA) or the Service Director has determined is likely to generate or produce sewage within the city to a sanitary sewerage collection system available for service to the lot or parcel on which such structure is located or situated, within a period of 90 days from receipt of notice from the Director of Public Service to such person, firm or corporation ordering such connection, or within one year of completion of the sanitary sewerage facilities, whichever occurs sooner, unless a specific exemption by reason of undue hardship or exceptional circumstances is granted by the Board of Zoning Appeals and confirmed by Council. Any existing sewage treatment facilities on the property shall be properly abandoned in compliance with Lake County General Health District regulations or Ohio EPA requirements, whichever is applicable.
(b) Whenever a sanitary sewer is available for connection to any lot or parcel of land, the Director of Public Service shall cause written notice to be given to the owner of such lot or parcel of land to which such connections are to be made. The notice under this section shall be served by the Clerk of Council upon the owners of the lots or parcels of land to which such connection is to be made, by certified mail addressed to such owner at his or her last known address, or to the address to which tax bills are sent. If it appears by the return of the certified mail notice, or otherwise, that one or more of such owners cannot be found, such owners shall be served by publication of the notice once in a newspaper of general circulation within the city. The returned receipt for notice forwarded by certified mail, accepted by the addressee or anyone purporting to act for them, shall be prima-facie evidence of the service of notice under this section. Such connection shall be installed by the date specified by the notice. In addition to the penalties set forth in § 1042.99, if said connections are not installed by the time set forth in such notice, the work may be done by the municipal corporation and/or the utilization of any sewage disposal system thereon, enjoined until such time as connection has been accomplished. In the case of the municipal corporation performing the work, the cost thereof together with a forfeiture of five percent shall be assessed against the lots and lands for which such connections are made.
(Ord. 12-O-70, passed 1-24-2013)