A user utilizing the system of the town may avoid the imposition of any penalties, fees or charges with regard to the use and utilization by presentation of proof of compliance and continuing compliance with the provisions of the town’s ordinances and any amendments thereto, which proof shall consist of and include compliance with the following procedures and conditions as to each building and/or appurtenance connected thereto.
(A) Upon request by the Wastewater Treatment Plant Superintendent or a designated town employee, either in writing or by personal contact, each user utilizing the system shall, within ten days, as to each building and/or appurtenance so connected to the system, execute a “grant of inspection” to the town to permit entry upon the property served by the system on which the building and/or appurtenances are located, to inspect and/or perform tests as may be deemed necessary by the town to verify and prove compliance with the provisions of this chapter and any amendments thereto.
(B) The grant of inspection shall be deemed to include the right of periodic inspections and/or tests thereafter, as may be reasonably determined to be necessary by the town to maintain, monitor and ensure continued compliance with the provisions of this chapter.
(C) Once a grant of inspection has been executed, it shall be deemed to be an ongoing authorization as provided for herein. Once a grant of inspection has been executed, it may not be revoked by the original grantor.
(D) Reasonable written notice of at least 24 hours shall be given by the Superintendent or designated employee to the user of the time and place at which the inspections and/or tests provided for herein are to be made.
(E) There shall be no fees charged for any inspections and/or tests conducted and performed under this section.
(F) In the event a user utilizing the system executes the grant of inspection, and the town determines that the buildings and/or appurtenances are in compliance, no surcharge, fines or other penalties shall be imposed or levied upon the user; provided, however, that the town shall have the right and authority, pursuant to the grant of inspection executed as required hereby and the terms of this chapter, to conduct additional inspections and/or tests at a later date to determine that compliance still exists.
(G) In the event a user utilizing the system fails or refuses to execute a grant of inspection for the purposes provided for herein, a surcharge of $25 per month shall be imposed in addition to all other charges authorized and imposed under any applicable ordinances of the city, commencing at the next billing period following the date of the failure and refusal to execute the grant of inspection to the town. If the user continues to refuse to execute a grant of inspection after a period of 60 days, the surcharge shall be raised to $50 per month.
(H) In the event a user utilizing the system executes the grant of inspection, and the town inspects, conducts tests and determines that the buildings and/or appurtenances of the user are not in compliance, then and in that event, the town by its designated employee shall provide written notice of the results of the inspection and tests to the user, who shall be required to permanently comply with the applicable provisions of this chapter within 45 days of the date of the notice.
(I) In the event that the building and/or appurtenances of the user are determined not to be in compliance with this chapter, and any amendments thereto, and the time period referred to herein for corrective work expires, and the user refuses or fails to bring buildings and/or appurtenances in compliance with the aforementioned ordinance, a surcharge of $50 per month per billing account for the user shall be imposed, in addition to all other charges authorized and imposed under any applicable ordinances of the town commencing at the next billing period following the date of the inspection or testing by the district wherein the noncompliance was determined, for permitting the violation to continue to exist.
(J) The surcharge referred to herein shall be removed only upon the following conditions:
(1) The user utilizing the system executes a grant of inspection to the town or takes the required corrective action required to bring about compliance;
(2) The town inspects and/or performs tests on the building and/or appurtenances connected to the system and determines that the buildings and/or appurtenances so connected to the system are in compliance; and
(3) The payment in full of all surcharges billed to the user utilizing the system until the time period the buildings and/or appurtenances in question of the user are determined to be in compliance.
(K) The failure or refusal by the user utilizing the system to execute a grant of inspection or to cause his or her buildings and/or appurtenances to be in compliance, after being determined not to be in compliance, within the statutory guidelines from date of the failure, refusal or notice of noncompliance shall cause the town, by its Wastewater Treatment Plant Superintendent or other town official designated by the Town Council, to prepare a notice of violation of town ordinance as to the property in violation of this chapter and to file the notice for recording in the office of the County Recorder. The notice of violation shall be in conformance with applicable state statutes.
(Prior Code, § 51.05) (Ord. 165-2008, passed 6-17-2008) Penalty, see § 51.99