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All Sewer Rates and Charges outstanding during any appeal process shall be due and payable to the Township. Upon resolution of any appeal, the Township shall adjust such amounts accordingly; however, such adjustments shall be limited to the previous one year’s billing unless otherwise directed by court order.
(Ord. 01-03, passed 8-8-2001)
If any informal or formal hearing is not demanded within the periods specified herein, such administrative action shall be deemed final. In the event either or both such hearings are demanded, the action shall be suspended until a final determination has been made, except for an immediate cease and desist order issued pursuant to this chapter or the Sister Lakes Area Sanitary Sewage Disposal System.
(Ord. 01-03, passed 8-8-2001)
Appeals from the determinations of the Board of Appeals may be made to the Cass County Circuit Court within 20 days as provided by law. Such appeals shall be governed procedurally by the Michigan Administrative Procedures Act of 1969, being M.C.L.A. §§ 24.201 et seq., as amended.
(Ord. 01-03, passed 8-8-2001)
ENFORCEMENT
The duly authorized representatives, employees, or agents of the Township the Authority, the County and the City, including, but not limited to, the Township Inspector, the Township Engineer, the Health Department, representatives of the MDEQ and the EPA bearing proper identification shall be permitted to enter at any time during reasonable or usual business hours in and upon all properties in the Service District for the purposes of inspection, observation, measurement, sampling, testing, and emergency repairs in accordance with the provisions of this chapter. Any Person who applies for and receives sewer services from the Township or owns real property in the Service District shall be deemed to have given consent for all such activities including entry upon that Person’s property.
(Ord. 01-03, passed 8-8-2001)
No unauthorized Person shall maliciously, willfully, recklessly or negligently break, damage, destroy, uncover, deface, or tamper with, climb upon, or enter into any structure, appurtenance, or equipment of the Public Sewer System or the Publicly Owned Treatment Works or connect or disconnect any Building Sewer to the Public Sewer System or tamper with or modify any pump, valving appurtenance, flow control section, meter, or sampling equipment so as to have the effect of rendering inaccurate any meter or other monitoring equipment.
(Ord. 01-03, passed 8-8-2001) Penalty, see 50.999
Except for violations of § 50.151, any Person found to be violating any provision of this chapter shall be served by the Township with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(Ord. 01-03, passed 8-8-2001)
Any Nuisance or any violation of this chapter is deemed to be a nuisance per se. The Township, in the furtherance of the public health, may enforce the requirements of this chapter by injunction or other remedy and is hereby empowered to make all necessary repairs or take other corrective action necessitated by such nuisance or violation. The person who violated the chapter or permitted such nuisance or violation to occur shall be responsible to the Township for the costs and expenses, including reasonable attorney’s fees, incurred by the Township in making such repairs or taking such action as a Miscellaneous Customer Fee.
(Ord. 01-03, passed 8-8-2001)
Any Person violating any of the provisions of this chapter shall become liable to the Township and its authorized representatives for any expense, including reasonable attorney’s fees, loss, or damage incurred by the Township by reason of such violation as a miscellaneous customer fee.
(Ord. 01-03, passed 8-8-2001)
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