(A) The provisions of this chapter shall be enforced by the Board of Public Works and Safety appointed for such purposes. Whenever said agent shall deem it appropriate to charge a landowner with a violation(s) of this chapter, he or she shall issue to such landowner a notice of violation and/or summons pursuant to I.C. 34-28-5.
(B) Any property found to have a faulty or damaged sewer lateral, or prohibited connection, either direct or indirect, to the sanitary sewer system shall receive a written notice from the city that will require the property owner to make the necessary repairs or replacements and furnish proof of the repairs or replacements to the city.
(C) Upon notice of a violation, a property owner shall have 90 days to correct the violation and submit for re-inspection. If the correction is approved, no additional costs will be assessed to the user. Notwithstanding the foregoing, the Director of Engineering’s office may, in accordance with policies and procedures adopted by the Board of Works, extend the time for compliance with this division for a period of up to 180 days upon written application from a property owner filed prior to the expiration of the 90-day period.
(D) (1) The Board of Public works shall have the authority to require any residential property owner to provide certification from a licensed plumber or engineer that they have no illegal or improper connections to the sanitary sewer. Alternatively, the city will provide such inspections free of charge at the option of the owner. The Board of Public Works and Safety may not require certification more frequently than on an annual basis. The Board of Public Works and Safety shall notify the owner of the request for the certification at which time the owner shall have 90 days to obtain it. Notwithstanding the foregoing, the Director of Engineering’s office may, in accordance with policies and procedures adopted by the Board of Works, extend the time for compliance with this division for a period of up to 180 days upon written application from a property owner filed prior to the expiration of the 90-day period.
(2) Any residential property owner who does not provide the certification within 90 days or allow the city to inspect the connections shall be subject to a minimum monthly fee to cover the cost of treating clear water flows that are or could be introduced into the sanitary sewer system by a faulty sewer lateral or prohibited connection. Any commercial property owner who does not provide the certification or does not allow inspection by the city, or refuses to repair or replace a faulty sewer lateral or correct a prohibited connection shall be subject to a minimum monthly fee to cover the cost of treating clear water flows that are, or could be, introduced into the sanitary sewer system by the faulty sewer lateral or prohibited connection. The fees for treating the clear water will be in addition to all other sanitary sewer charges and will be added to the user’s utility bill until the faulty sewer lateral or connection has been repaired or replaced, and all prohibited connections eliminated and the property owner provides certification from a licensed plumber or engineer to that effect. The amount of the fee shall be established by the Board of Works and maintained in a fee schedule which the Board of Works may from time to time amend.
(E) The Board of Public Works shall have the ability to grant a hardship exemption to a residential property owner who discharges clear water into the sanitary sewer system. The homeowner seeking a hardship exemption must make application to the Board of Public Works and clearly identify the property in which the waiver is being requested, the names of all owners and applicants who are requesting the exemption and a detailed description of the circumstances justifying the request. The Board of Works shall hear the matter at its next schedule hearing. Upon a showing of undue hardship, the Board of Works may reduce the monthly fee to cover the cost for treating the clear water flows that are being or could be introduced to the sanitary sewer system by the faulty sewer lateral or prohibited connection. The fee will be in addition to all other sanitary sewer user charges and will be added to the property owner’s bill until the property has been inspected and the faulty sewer lateral has been repaired or replaced and all prohibited connections have been eliminated.
(Prior Code, § 51.06) (Ord. G-93-5, passed 6-8-1993; Ord. passed 5-3-2004; Ord. G-17-4, passed 9-12-2017)