§ 51.029 CONNECTING BUILDING SEWER TO PUBLIC SEWER.
   (A)   Wherever a public or sanitary sewer line becomes available and is within 300 feet of the property line of the residential or business property, a direct connection shall be made to such sewer and any septic tanks, seepage pits and similar structures shall be abandoned and filled in, in a safe and sanitary manner. Enforcement of this subchapter shall be in accordance with I.C. 36-9-23-30.
   (B)   The New Albany Sewer Board is granted authority to hear, determine and grant temporary waivers from the mandatory connection requirement under this section, which waivers may only be granted under the following circumstances and conditions:
      (1)   In the event that the boundary of an occupied property is located within 300 feet of an available city sanitary sewer line, the owner of such property shall connect to the city sanitary sewer system, except upon proper application to and approval by the New Albany Sewer Board;
      (2)   The New Albany Sewer Board shall prepare and adopt a form for the application;
      (3)   The application must be accompanied by a written certification by the New Albany-Floyd County Health Department that the property is presently served by a properly functioning on-site septic system that complies with all provisions of applicable law;
      (4)   The New Albany Sewer Board may grant the application for waiver in its sole discretion. In the event that the waiver is granted, the property owner shall not be required to connect to the city sanitary system for a period of three years, unless during the period the New Albany-Floyd County Health Department determines that the on-site system is no longer properly functioning and the connection is required to protect the public health and safety;
      (5)   The property owner may reapply for one or more additional connection waivers at the end of any such three-year period, provided that a satisfactory certification regarding the on-site system is again obtained from the New Albany-Floyd County Health Department. The Sewer Board may grant, at its discretion, as many properly documented three-year connection suspensions as it deems to be in the best interest of public health and safety;
      (6)   Within 60 days after the New Albany Sewer Board grants an initial waiver, it shall cause an instrument to be recorded in the office of the Floyd County Recorder giving notice of the granting of the waiver, and that the subject property will be required to connect to the city sanitary system upon:
         (a)   Written determination by the New Albany-Floyd County Health Department that the on-site disposal system is no longer properly functioning and the connection is required to protect the public health and safety; or
         (b)   Upon expiration of the three-year waiver period, unless extended upon proper application to, and approval by, the New Albany Sewer Board extending the waiver period;
      (7)   Upon being required to connect to the city sanitary system, whether by expiration of the waiver period or otherwise, the subject property owner shall be required to pay all costs and fees associated with the connection as adopted by this Common Council and/or the New Albany Sewer Board and then in effect; and
      (8)   The New Albany Sewer Board shall determine and assess an application fee for such waiver requests which fee at a minimum must cover the costs of recording the instrument described in division (B)(6) above, but which may not exceed the sum of $100 without further approval of this Common Council.
(Ord. G-67-293, passed 6-5-1967; Ord. G-02-45, passed 11-21-2002; Ord. G-03-25, passed 4-17-2003) Penalty, see § 51.999