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All users of the sanitary sewage treatment and collection system of the city shall, on or before November 4, 1996, bring themselves into voluntary compliance with the terms and conditions of the ordinances of the city, particularly § 51.075 which prohibits discharge of stormwater and other unpolluted water into the sanitary sewer system, and governing connection to and use of the sanitary sewage treatment and collection system of the city, including, but not limited to, the requirements of the subchapter set forth herein.
(Ord. G-96-131, passed 8-15-1996)
Upon expiration of the term provided for in § 51.126, a user of the system may avoid the imposition of levy of additional charges with regard to the use by presenting proof of compliance and continuing compliance with the provisions of this subchapter 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 to the system:
(A) A card shall be issued by an official of the Wastewater Department or one of its designated employees, and each user shall, within ten business days, for each building or appurtenance connected to the system return the reply card and designate "yes" or "no" regarding the "consent to inspection" to the city, to permit entry upon the property served by the system on which the building and/or appurtenances are located, to inspect and/or perform such tests as may be deemed necessary by the city, to verify and prove compliance with the provisions of this subchapter, and any amendments thereto (see in Appendix "A" of Ord. G-96-131 relay card "consent to inspection").
(B) The consent to 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 city, to maintain, monitor and ensure continued compliance with the provisions of the city's ordinances and any amendments thereto.
(C) Once a reply card with a consent to inspection has been executed, it shall be deemed to be an ongoing authorization as provided for herein and it may not be revoked by the original grantor. The reply card shall be sent by city officials with a list of pre-approved bonded plumbing inspectors and the user may use the City Inspector at no cost to the user or the user may select from the list an approved inspector and return notice of the user's choice of inspector. If the user appoints an inspector from the pre-approved list, the user shall pay the inspection costs. However, if the user refuses to select from the pre-approved list of inspectors and chooses an independent licensed plumber, the independent inspector must be approved by the city officials and all costs for inspection shall be paid by the user.
(D) Reasonable written notice of at least 24 hours shall be given by the city officials or designated employees to the user of the time and place at which the inspections and/or test provided for herein are to be made and the inspector designated for inspection.
(E) Inspectors shall be certified, licensed and bonded plumbers who shall qualify through the city. A list of approved inspectors shall be made available by the city officials.
(F) There shall be no fees charged for any inspections and/or tests conducted and performed by the designated representatives.
(G) In the event a user executes the consent to inspection, and the city determines after inspection that the building and/or appurtenances are in compliance, no additional charges shall be imposed or levied upon the user; provided, however, that, the city shall have the right and authority, pursuant to the consent to inspection executed as required hereby and the terms of this subchapter, to conduct additional inspections and/or tests at a later date to determine continuing compliance.
(H) If the user refuses to execute a consent to inspection, the user may sign an affidavit swearing and attesting that the residence has no illegal connection prohibited by ordinance. Any violation found on the residence shall result in a $1,000 one-time additional charge if the illegal connection is discovered up to five years after the affidavit is signed or a $2,000 additional charge if the illegal connection is discovered more than five years after the affidavit is signed. All charges shall be assessed to the sewer bill.
(I) A user who fails or refuses to execute a consent to inspection to the city and fails to execute an affidavit of compliance for the purposes provided herein shall be charged an amount of $25 for each month the user fails to return or refuses to execute a consent to inspection. All charges shall be assessed to the sewer bill.
(J) In the event the city has determined through inspections or other tests that the buildings and/or appurtenances of the user are not in compliance, the city, by its designated employee, shall provide written notice of the results of the inspection and/or tests to the user, who shall be required to permanently comply with the applicable provisions of this subchapter within 120 days of the date of the notice.
(K) (1) In the event the building and/or appurtenances of the user are determined not to be in compliance with the subchapter set forth herein and any amendments thereto, and the time period of 120 days for correction expires, and the user refuses or fails to bring the building and/or appurtenances into compliance with the ordinance, the user shall be fined an amount of $100 a day. Each day shall constitute a violation hereunder. If seven or more violations occur the Sewer Board may, in its discretion, disconnect the user from the sanitary sewer system.
(2) If a user's service has been disconnected under this section, the user shall be responsible for all cost of connection and repairs needed to bring the property into compliance.
(Ord. G-96-131, passed 8-15-1996; Ord. G-98-262, passed 9-18-1998; Ord. G-99-331, passed 6-17-1999)
In the event a user is found to be in compliance and subsequent inspections and/or tests determine that non-compliance now exists, all terms and provisions of this subchapter shall be applicable. The user shall be liable for knowingly, willfully and/or intentionally creating or permitting the violation to commence and continue, and may be fined in an amount $2,500/month to be assessed on sewer bill until proof of compliance is made by the user.
(Ord. G-96-131, passed 8-15-1996; Ord. G-98-262, passed 9-18-1998)
(A) Upon sale or transfer of real estate connected to the sanitary sewer, an inspection must be performed to determine compliance with this chapter for a fee set forth in § 158.05, Sewer Permits, Fees and Inspections. Certification of compliance with this subchapter must be submitted by a City Inspector or licensed plumber within 60 days of receipt of notice of the required inspection.
(B) In the event of non-compliance, applicable charges as under § 51.127(I) and (K) shall be assessed to the sewer bill and become a lien upon the property.
(Ord. G-96-131, passed 8-15-1996; Ord. G-98-262, passed 9-18-1998)
(A) All additional charges set forth in this subchapter, are charges for the cost of transporting and treating stormwater, surface water, ground water, roof runoff, subsurface drainage and other unauthorized water to the sanitary sewer.
(B) All such charges shall be placed in the non-reverting sewer fund and be used for purposes of improving and maintaining the city sewer system.
(Ord. G-96-131, passed 8-15-1996; Ord. G-98-262, passed 9-18-1998)
Any user violating any of the provisions of this subchapter shall be liable to the city for any expenses, costs and fees, including, but not limited to, reasonable attorney fees, occasioned or caused to the city by reason of seeking enforcement of such ordinances against the violator, as well as for any losses or damages occasioned or caused to the city of the system's users by reason of the violation.
(Ord. G-96-131, passed 8-15-1996)
(A) The Common Council shall have full power and authority to invoke any legal, equitable or special remedy for the enforcement of this subchapter.
(B) In addition, the Common Council is hereby authorized to institute proceedings on behalf of the city in the Circuit or Superior Court of Floyd County, Indiana, for prohibitory or mandatory injunctive relief to prevent or discontinue any violations of this subchapter.
(Ord. G-96-131, passed 8-15-1996)
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