(A) Mandatory connection requirement. Each property owner owning property on which is located a structure in which sanitary sewage originates shall, at his or her own expense, install suitable sewage facilities in said structure and shall cause such facilities to be connected to an available public sanitary sewer system.
(B) Connection procedure.
(1) Such connection shall be completed promptly but in no case later than 90 days from the date of the occurrence of the last of the following events:
(a) Publication of a notice by the local unit of the availability of the village wastewater collection system in a newspaper of general circulation in the village and mailing written notice of the availability of the village wastewater collection system to the owner or any one of the owners, in the case of co-ownership; or
(b) Modification of a structure so as to become a structure in which sanitary sewage originates.
(2) If the owner of property on which is located a structure in which sanitary sewage originates does not complete connection to an available sanitary sewer within the 90-day period prescribed in division (B)(1) above, the village shall notify said person by written notice that connection to the system is required forthwith.
(3) The giving of the written notice required by division (B)(2) of this section shall be made by personally delivering the same by registered or certified mail, return receipt requested or by posting the same in a conspicuous place on the premises. Said notice shall give the approximate location of the available public sanitary sewer system which is available for connection for the structure involved and shall advise the property owner of the requirements and of the enforcement provision of this chapter.
(4) Where the written notices required hereunder are given by mailing, it shall be sufficient to mail a single written notice to the owner or any one of the owners in the case of co-ownership at the address of such owner according to the local unit’s real estate tax record.
(5) All other substantive and procedural requirements prescribed by applicable state law, are incorporated herein by reference.
(C) Adverse weather exception for late connection. In the event the property owner is unable to connect to the system within the time period prescribed by this chapter due to or on account of adverse weather conditions, said property owner may appeal to the Sanitary Sewer Board of Appeals established pursuant to § 52.055 to allow said person additional time in which to connect without penalty and without civil and criminal proceedings being initiated against him or her.
(D) Enforcement of mandatory connection requirement.
(1) Penalties for late connection. The failure or refusal to connect to the system 90 days after the notice to connect is given pursuant to division (B)(3) above shall result in the property owner being charged a penalty as set forth in § 52.999.
(2) By civil proceedings to compel connection. Where any structure in which sanitary sewage originates is not connected to the system 90 days after the date of personally serving mailings or posting the notice to connect referred to in division (B)(3) above, the local unit may bring an action for a mandatory injunction or injunctive order in any court of competent jurisdiction in the county to compel the owner of the property on which the structure is located to connect to the system. The local unit may join in such action or actions any number of owners or such property to compel said person or persons to connect to the system.
(Ord. 2009-03, passed 6-8-2009) Penalty, see § 52.999