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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)
RESIDENTIAL AND COMMERCIAL ON-SITE SEWAGE DISPOSAL SYSTEMS
(A) This subchapter shall apply within the incorporated limits of the City of New Albany, Indiana, and, except as may be otherwise expressly set forth herein, shall apply only to those dwellings and commercial facilities which are not presently served by or will not be connected to a sanitary sewerage system. The applicability of this subchapter to commercial on-site wastewater disposal facilities is expressly limited to those for which the Floyd Health Department shall have jurisdiction to issue construction permits.
(B) The administration and enforcement of this subchapter is vested in the Floyd County Health Board appointed pursuant to I.C. 16-20-2-6, the Floyd County Health Officer appointed pursuant to I.C. 16-20-2-16, and the Floyd County Health Department created and established pursuant to I.C. 16-20-2-2.
(Ord. G-97-208, passed 11-3-1997)
Editor’s note:
I.C. 16-20-2-6 as added by P.L.2-1993, Sec. 3, was repealed by P.L.164-2023, Sec. 24
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