(A) Sewer facilities. The owner or developer of any property located within the city limits of the city, now or in the future shall be subject to the following requirements:
(1) The owner or developer of the property upon which an improvement will be made for human occupancy, employment, recreation or other purpose shall be required to comply with the following:
(a) Provide a sanitary sewer to the property at the owner's or developer's cost by implementing the sewer development plans and construction standards on record at the Paintsville Utility Commission Office as well by appropriate state regulatory offices.
(b) The owner or developer shall be responsible for the costs of running the sewer facilities to the property from the existing sewer lines as designated by the Paintsville Utilities Commission.
(2) The Paintsville Utilities Commission is hereby granted the authority to review and approve installation of facilities pursuant to this section.
(a) The Paintsville Utilities Commission shall have title of the sewer facilities put in place by the owner or developer after the Commission has approved the installation.
(b) The Paintsville Utilities Commission shall have the authority to exempt out properties developed by an owner or developer where the burden would make the development economically unsound based upon the following:
1. a. Value of the property;
b. Costs of extending sewer facilities to the property;
c. Increase in value of property with sewer facilities; and
d. For purposes of the determination the property under consideration shall consist not only of the subject property but property adjacent thereto or in near proximity such that the sewer facilities will add value thereto which at one time has been considered one tract within the last 60 years.
2. In the event the owner or developer disagrees with the decision of the Paintsville Utilities Commission, an appeal of the decision shall be made to the Paintsville City Council by notifying the City Clerk.
3. Any one aggrieved by a decision of the Paintsville Utility Commission and the Paintsville City Council may file an action in the Johnson Circuit Court.
(c) No building permit shall be issued until the Paintsville Utility Commission grants approval of the plans and construction details by letter which shall include sewage facilities.
(B) It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater where public sanitary sewer service is available, as defined in division (A) of this section, except as provided for in §§ 52.030 and 52.031. The existence within the city, wherever the services of the city sanitary sewage collection, treatment and disposal facilities are available, or may hereafter be made available (as the term AVAILABLEis defined), of septic tanks, seepage laterals, privies, earth pits, cesspools, sanitary waste vaults, sewage drainage fields, private sewage disposal systems, or any other such facilities or works for the disposition of sanitary sewage wastes other than the facilities of the city, is hereby declared to be a menace to the public health, safety, and general welfare of the citizens and inhabitants of the city, and is hereby determined and declared to constitute a public nuisance. The existence of such facilities as toilets, sinks, wash basins, shower-baths, bathtubs, any commercial or industrial machinery or device producing a liquid waste product, and the like, in or upon any improved property or premises in the city where the facilities of the city's sewage collection, treatment, and disposal system are available, or may hereafter be made available, is similarly declared to be a menace to the public health and general welfare of the city and its inhabitants, unless such facilities are connected to the city sewage collection, treatment and disposal system. The city may prescribe the type and manner of connection to the facilities, and may require that each connection be supervised and inspected by an authorized and qualified agent of the Utilities Commission.
(C) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer system in compliance with this chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material or salvaged and removed.
(Ord. 87-10, passed 11-10-87; Am. Ord. 96-003, passed 6-11-96) Penalty, see § 52.999