A. If any private sewer line is found to have a leak or defect that could result in infiltration of ground water or storm runoff, or a result in a wastewater leak or overflow, and the director determines that the leak or defect should be repaired to protect the public health, welfare or safety, or any regulatory agency requires the leak or defect to be repaired, the director may notify the owner of the property where the private sewer line is located that the owner must repair the line, and the owner of the line shall promptly upon notification repair the line to the satisfaction of the director.
B. If the owner of the property where the private sewer line is located fails to do so, the condition resulting from the leak or defect in the private sewer line shall be deemed to constitute a public nuisance, and the director shall be authorized to commence and carry out proceedings for abatement of the condition and repair of the leak or defect in accordance with the provisions of Article V and Article VI of Chapter 8.04 of this code, commencing with Section 8.04.110 of this code. When, in the opinion of the director, the leak or defect causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a NPDES permit, the director may summarily abate the condition and repair the leak or defect in accordance with the provisions of Article VII of Chapter 8.04 of this code, commencing with Section 8.04.330 of this code. The owner shall be liable for the costs incurred by the city for any abatement and repair, including any related inspection and testing costs, arising from the leak or defect, and the cost therefor shall be invoiced to the owner. If the invoice is not paid within sixty (60) days, the director may commence proceedings for recovery of these costs in accordance with the provisions of Article VIII of Chapter 8.04 of this code, commencing with Section 8.04.370 of this code. (Ord. 2005-020 § 2)