(B) A hardship shall be defined as one (1) or more of the following situations:
(1) The public water system and/or sanitary sewer system is not within a reasonable distance of the subject property.
(2) The public water system is not able to provide adequate volume or pressure to the subject parcel.
(C) The written application for an exemption shall be received, reviewed and approved or denied by the Building Official for the city. If the application is approved the Building Official shall issue an exemption permit to the property owner for the construction of a private water and/or sanitary sewer. Construction shall be completed within one (1) year or the permit shall become invalid. If the application is denied the Building Official shall issue a letter stating the reasons for the denial and the appeal process. Copies of the exemption permit or denial letter shall be provided to the applicant within sixty (60) days of application with a copy placed in the property file maintained by the Building Official.
(D) Properties exempt from the prohibitions of §§ 50.10 and 50.11 shall be required to connect to public water and/or sanitary sewer when those systems become available to the subject property. When said systems become available the Building Official shall notify by letter the property owners whose property is not connected and connections to the available systems shall be made pursuant to the following rules:
(1) Connection must occur within two (2) years of notice of availability of service to the property owner.
(2) Connection is not required if the exemption permit provides for a time period permitting private water and/or sanitary sewer systems that has not yet expired. Connection shall be made upon the expiration of said time period.
(3) Notwithstanding division (D)(1) and (2) of this section, if the well and/or individual sewerage treatment systems serving the subject property fail or require major repairs then connection to the public water and/or sanitary sewer system shall be required immediately. Failure or major repairs shall include, but not be limited to, such items as:
(a) Structural or mechanical failure of the well, the pump, or other components of the private water supply system;
(b) Structural or mechanical failure of the septic tank, drain field, mound, pumps or other components of the private individual sewage treatment system;
(c) Contamination of a private water supply; or
(d) Failure of a private individual sewage treatment system to work properly.
(E) Property owners who are required to connect under division (D) of this section may request an extension in writing from the City Council. The City Council may grant an extension for a specific period of time or order the immediate connection based on its findings. The City Council may also add special conditions to the extension as may protect the health, safety, and welfare of the city.
(Ord. 363, passed 12-18-2007)