(A) Any person found violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation. The offender shall permanently cease all violations.
(B) As for new construction, remodeling and additions, a warning for violation of this chapter will be stamped on the building permit and if found to be in violation of this chapter they will be immediately subject to a monthly surcharge.
(C) A monthly surcharge is hereby imposed and added to every sewer billing mailed to any person failing to comply after being served a notice to comply.
(1) The surcharge shall be added every month until the property is in compliance.
(2) The City Council may grant waivers from the surcharges where strict enforcement may cause undue hardship unique to the property or where the property owner was scheduled for disconnection but cannot do so due to circumstances, such as availability of the plumber or inclement weather.
(3) The surcharge amount for 2011 will be $100 per month for foundation drains or roof drains connected to the sanitary sewer.
(4) For sump pumps connected to the sanitary sewer the fee will be $4.00 per month from November through March and $269.40 per month from April through October commencing 2012. The surcharge and fees will be set forth annually by the City Council in the city's schedule of fees.
(D) In the event the owner fails to correct the situation the city may correct said connection and collect such costs, together with reasonable attorney's fees and the collection fees, by suing the owner in a court of competent jurisdiction, or in an alternative, by certify said costs of correction as any other special assessment upon the land from which said correction of said violation was made.
(E) Prior to the change in ownership of any building within the city, the seller shall disclose to the buyer, in writing, whether or not the property is in compliance with the provisions of this chapter. The seller shall also provide a copy of said disclosure to the city within 5 days of the date of the sale of the property.
(Ord. passed 8-1-2006; Am. Ord. 51, passed 5-17-2011; Am. Ord. passed 11-5-2013) Penalty, see § 10.99