(a) No property shall be connected either directly or indirectly to any sanitary sewer line or water line owned by the city unless the connection is made in conformity with the provisions of this section and such other rules and regulations as may be from time to time established by Council, by the Director of Public Service, or by any other authority which may lawfully exercise control over the lines and unless the owner of the property shall have paid the applicable connection charge prescribed by this section which shall be in addition to any other fees and charges which may be required with respect to the connection by the rules and regulations. In the event that the Director of Public Service shall ascertain that any property has been connected either directly or indirectly to any sanitary sewer line or water line in violation of the provisions of this section or such rules and regulations, the Director is hereby authorized to disconnect the property from the line until the violation shall cease.
(b) The owner, agent, lessee, tenant or occupant of any lot or land desiring to connect to any sanitary sewer line or water line, hereinafter referred to as the "applicant" shall not connect to any such line unless the applicant shall have first secured a permit from the Director of Public Service.
(c) The Director of Public Service shall not issue the permit described in division (b) of this section unless, in addition to all fees and charges which may be required for connection to a sanitary sewer line or water line by any other ordinance, resolution, rule or regulation of this city, the applicant shall have first paid to the Director of Finance and Public Record a connection charge in an amount determined by the city.
(d) The city, in determining the charge to be levied under division (c) of this section, shall determine from the records relating to the construction of the sanitary sewer line or water line to which connection is sought and particularly from any resolution of necessity to assess adopted by Council as part of the construction process, the amount of the special assessment that would have been levied upon the property now seeking connection had it been determined that the property was benefitted at the time of construction. The determination shall be made without regard to the actions of the Board of Revision of Assessments. The city shall then add to this amount an additional sum equal to the interest on a proportionate share any notes or bonds that were issued by the city to pay the costs of construction and incidental expenses arising out of the construction of the line for each year that the notes or bonds were outstanding. This amount shall be deemed to be the connection charge required under division (c) of this section, which charge must be paid before the connection is permitted.
(e) The permit fee and the connection charge specified herein shall not preclude any deposit or bond required by any other ordinance to ensure that the connection with the sanitary sewer line or water line shall be made in such a manner as will not injure the line and will ensure that all streets, sidewalks and other property will be returned to the same state as before the connection was made.
(f) Any person who attempts to or does connect property to a sanitary sewer line or a water line as defined herein or a connection with such a line, without securing the permit required by this section, is hereby determined to be guilty of a minor misdemeanor. Each 24-hour period a connection in violation of this section remains connected to a sanitary sewer line or water line, or a connection to that line, shall be deemed to be a separate violation of this section.
(g) Any fees which are received for connecting with the sanitary sewer lines or water lines which have been constructed from the proceeds of an issue of notes or bonds of the city, which notes or bonds are general obligations of the city, shall be delivered to the Director of Finance and Public Record who shall thereupon credit the amount thereof the Special Bond Retirement Fund, provided, however, that any fees received for connecting with a sanitary sewer line or a water line constructed by bonds secured by a pledge of revenues or a mortgage on real property or for which the notes or bonds have already been paid, shall be credited to the Sewer Fund or the Water Fund, as the case may be.
(Ord. 12-2001, passed 4-2-2001) Penalty, see § 202.99