Upon expiration of the term provided for in § 50.066 above, a user utilizing the system of the city may avoid the imposition or levy of any fines, fees, charges or penalties with regard to such use and utilization by presentation of proof of compliance and continuing compliance with the provisions of this subchapter and any amendments thereto, which proof shall consist of and include compliance with the following procedures and conditions as to each building or appurtenance connected thereto.
(A) Upon request by a sewage official or one of his or her designated employees, either in writing or by personal contact, each user utilizing the system shall, within ten business days, as to each building or appurtenance so connected to the system execute a grant of inspection to the city to permit entry upon the property served by the system on which the building or appurtenance is located, to inspect or perform such tests as may be deemed necessary, by the city, to verify and prove compliance with the provisions of this subchapter, and any amendments thereto.
(B) The grant of inspection shall be deemed to include the right of periodic inspections or tests thereafter as may be reasonably determined to be necessary by the city, to maintain, monitor and ensure continued compliance with the provisions of this subchapter, and any amendments thereto.
(C) Once a grant of inspection has been executed, it shall be deemed to be an ongoing authorization as provided for herein. Once a grant of inspection has been executed, it may not be revoked by the original grantor.
(D) Reasonable written notice of at least 24 hours shall be given by the city officials or designated employee to the user of the time and place at which the inspections or tests provided for herein are to be made.
(E) There shall be no fees charged for any inspections or tests conducted and performed by the designated representatives.
(F) In the event a user utilizing the system executes the grant of inspection, and the city determines that said buildings or appurtenances are in compliance, no surcharge, fines or other penalties shall be imposed or levied upon the user; provided, however, that the city shall have the right and authority, pursuant to the grant of inspection executed as required hereby and the terms of this subchapter, to conduct additional inspections or tests at a later date to determine that compliance still exists.
(G) In the event a user utilizing the system fails or refuses to execute a grant of inspection to the district for the purposes provided for herein, a surcharge of $25 per month shall be imposed in addition to all other charges authorized and imposed under any applicable ordinances of the city, commencing at the next billing period following the date of the failure and refusal to execute the grant of inspection to the city. If the user continues to refuse to execute a grant of inspection after a period of 60 days, the surcharge shall be raised to $50 per month.
(H) In the event a user utilizing the system executes the grant of inspection, and the city inspects, conducts tests, and determines that the buildings or appurtenances of said user are not in compliance, then and in such event, the city by its designated employee shall provide written notice of the results of the inspection and tests to the user, who shall be required to permanently comply with the applicable provisions set forth herein within 45 days of the date of the notice.
(I) In the event that the buildings or appurtenances of the user are determined not to be in compliance with this subchapter, and any amendments thereto, and the time period referred to in this section for corrective work expires, and the user refuses or fails to bring buildings or appurtenances in compliance with this subchapter, a surcharge of $50 per month per billing account for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable ordinances of the city, commencing at the next billing period following the date of the inspection or testing by the district wherein such noncompliance was determined, for permitting such violation to continue to exist.
(J) The surcharge referred to in divisions (G) and (I) above shall be removed only upon the following conditions:
(1) The user utilizing the system executes a grant of inspection to the city or takes the required corrective action required to bring about compliance;
(2) The city inspects or performs tests on the buildings or appurtenances connected to the system and determines that the buildings or appurtenances so connected to the system are in compliance; and
(3) The payment in full of all surcharges billed to the user utilizing the system until the time period the buildings or appurtenances in question of the user are determined to be in compliance.
(K) The failure or refusal by the user utilizing the system to execute a grant of inspection or to cause his buildings or appurtenances to be in compliance, after being determined not to be in compliance, within the statutory guidelines from date of the failure, refusal or notice of noncompliance shall cause the city, by its Wastewater Treatment Plant Supervisor or other city official, to prepare a notice of violation of city ordinance as to the property in violation of this subchapter, and to file the notice for recording in the office of the County Recorder. The notice of violation shall be in conformance with applicable state statutes.
(`81 Code, § 50.67) (Ord. 1963, passed 7-3-89) Penalty, see § 50.999