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Should any defect exist or occur in any private sewage disposal system which would cause the sewage disposal system to fail to meet the requirements of this subchapter, and cause an unsanitary condition, the defect shall be corrected immediately by the owner or agent of the owner, occupant or agent of the occupant. Failure to do so shall be a violation of this subchapter, private sewer system, and the violator shall be subject to the penalties as prescribed in § 51.999.
(Ord. G-67-293, passed 6-5-1967)
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. G-58-34, passed 6-18-1958) Penalty, see § 51.999
(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
(A) After receiving an order in writing from the duly appointed Health Officer, or his or her authorized representative, the owner, agent of the owner, the occupant or agent of the occupant of the property shall comply with the provisions of this subchapter as set forth in the order, and within the time limit included therein.
(B) The order shall be served on the owner or agent of the owner, the occupant or on the agent of the occupant, or any person who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
(Ord. G-67-293, passed 6-5-1967) Penalty, see § 51.999
The Health Officer, or his or her agent bearing proper credentials and identification, shall be permitted to enter upon all properties at the proper time for purposes of inspection, observation, measurement, sampling and testing necessary, at all reasonable hours, to carry out the provisions of this subchapter.
(Ord. G-67-293, passed 6-5-1967)
Where the literal application of the requirements of this subchapter would cause undue hardship, an exception may be granted by the Board of Public Works and Safety in the following manner:
(A) The owner shall make written application to the Health Officer for the exception. After an investigation the Health Officer shall present the written application to the Board of Public Works and Safety, with his or her recommendation attached thereto.
(B) The orders of exception shall be made only when it is found by the Board that reasonable safety and sanitation is assured and the orders may be conditioned in such a manner as to achieve that end. The conditions may include restrictions not generally specified by this chapter.
(Ord. G-67-293, passed 6-5-1967) Penalty, see § 51.999
Any person found to be violating any provision of this subchapter may be served by the Health Officer or his or her agent, with a written order stating the nature of the violation and providing time limit for satisfactory correction thereof.
(Ord. G-67-293, passed 6-5-1967) Penalty, see § 51.999
BUILDING SEWERS AND CONNECTIONS
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Controller.
(Ord. G-58-34, passed 6-18-1958) Penalty, see § 51.999
(A) There shall be two classes of building sewer permits:
(1) For residential and commercial service; and
(2) For service to establishments producing industrial waste.
(B) In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit applications shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector. A permit and inspection fee shall be paid to the City Controller at the time the application is filed. For current permit and inspection fees, see § 158.05, Sewer Permits, Fees and Inspections.
(Ord. G-58-34, passed 6-18-1958) Penalty, see § 51.999
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner or the person installing the building sewer for the owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation.
(Ord. G-58-34, passed 6-18-1958)
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