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§ 51.129 ASSESSMENT AGAINST PROPERTY.
   (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)
§ 51.130 NON-REVERTING SEWER FUND.
   (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)
§ 51.131 LIABILITY OF USER.
   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)
§ 51.132 COMMON COUNCIL POWERS.
   (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
§ 51.145 APPLICABILITY AND ADMINISTRATION.
   (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
§ 51.146 DEFINITIONS.
   (A)   For purposes of this subchapter, the following definitions shall apply.
      COMMERCIAL FACILITY. Any structure or place intended for human occupation, use, or commerce, other than a dwelling, including such facilities as apartment buildings, campgrounds, churches, commercial establishments, condominiums, medical facilities, mobile home parks, motels, office buildings, restaurants and schools.
      COMMERCIAL ON-SITE WASTEWATER DISPOSAL FACILITY. All equipment and devices necessary for proper conduction, collection storage, treatment and on-site disposal of wastewater from other than one or two family dwellings.
      COMMERCIAL RULE 410. Indiana State Department of Health Rule 410 I.A.C. 6-10 et seq., effective as of the date of this subchapter, as thereafter amended and supplemented.
      DEPARTMENT. The Floyd County Health Department, being an agency of local government, created and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized employees and representatives.
      DWELLING. Any house or structure or place used or intended to be used as a place of seasonal or permanent human habitation or for sleeping for one or two families. The term RESIDENCE shall be used interchangeably with the term DWELLING.
      HEALTH BOARD. The Floyd County Board of Health duly constituted and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized representatives.
      HEALTH OFFICER. The Floyd County Health Officer duly appointed by the Floyd County Board of Health and acting pursuant to the provisions of I.C. 16-20 et seq., and his or her duly authorized representatives.
      OWNER. The holder of the fee simple title to a dwelling or commercial facility, or the holder of equitable title thereto in the event that the contract creating such equitable title confers exclusive possession of and the obligation to maintain the dwelling or commercial facility, or the agent of either.
      PERSON. An individual, partnership, copartnership, corporation, firm, company, association, society, holding company, trustee, school corporation, school city, school town, school district and unit of government, or any other legal entity, or their successors or assigns, or agent of the aforesaid.
      RESIDENTIAL RULE. Indiana State Department of Health Rule 410 I.A.C. 6-8.1 et seq., effective as of the date of this subchapter, as thereafter amended and supplemented.
      RESIDENTIAL SEWAGE DISPOSAL SYSTEM. All equipment and devices necessary for proper conduction, collection, storage, treatment and on-site disposal of sewage from a one- or two-family dwelling.
      SANITARY SEWAGE SYSTEM. A sewer or system of sewers which convey sewage away from the lot on which it originates to a wastewater treatment facility owned and operated by an incorporated city or town, conservancy district, regional sewer district or private utility.
      SEWAGE. All water-carried waste derived from ordinary living processes. The term WASTE WATER shall be used interchangeably with the term SEWAGE.
   (B)   The definitions set forth in this subchapter, together with those found in Residential Rule 410, Commercial Rule 410 and Indiana State Department of Health Bulletin S.E. 13, shall be used in the application, interpretation and enforcement of this subchapter, and each definition shall be deemed to apply equally to a residential sewage disposal system or commercial on-site wastewater disposal facility, unless the application of a word, term or phrase only to a particular system, facility or rule is clearly indicated.
(Ord. G-97-208, passed 11-3-1997)
§ 51.147 HEALTH HAZARD DECLARED.
   (A)   A failed residential sewage disposal system or failed commercial on-site waste water disposal facility is hereby declared to be a health hazard and nuisance.
   (B)   For purposes of this subchapter, a sewage disposal system or facility shall be deemed to have failed when:
      (1)   The system refuses to accept sewage at a rate of design application thereby interfering with the normal use of plumbing fixtures;
      (2)   Effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage or other discharge of the effluent to the ground or surface waters; or
      (3)   Effluent is discharged from the system or facility causing contamination of a potable water supply, ground water or surface waters.
   (C)   With respect to a failed sewage disposal system, the Health Board shall issue such orders, pursuant to § 51.155 of this chapter, as it shall deem necessary and appropriate for the abatement of the resulting health hazard, subject only to the express limitations set forth in Residential Rule 410.
(Ord. G-97-208, passed 11-3-1997)
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