Upon expiration of the term provided for in § 53.31, a user utilizing the system of the town 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 and/or appurtenance connected thereto.
(A) Upon request by a town official or one of its designated employees, either in writing or by personal contact, each user utilizing the system shall, within ten business days, as to each building and/or appurtenance so connected to the system, execute a “grant of inspection” to the town, to permit entry upon the property served by the system on which the building and/or appurtenances are located, to inspect and/or perform such tests as may be deemed necessary by the town to verify and prove compliance with the provisions of the town’s ordinance set forth herein, and any amendments thereto.
(B) The grant of inspection shall be deemed to include the right of periodic inspections and/or tests thereafter, as may be reasonably determined to be necessary by the town to maintain, monitor and ensure continued compliance with the provisions of the town’s ordinance set forth herein, 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.
(D) Reasonable written notice of at least 24 hours shall be given by the town official or designated employee to the user of the time and place at which the inspections and/or tests provided for herein are to be made.
(E) There shall be no fees charged for any inspections and/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 town determines that said buildings and/or appurtenances are in compliance, no surcharge, fines or other penalties shall be imposed or levied upon the user; provided, however, that the town 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 and/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 town for the purposes provided for herein, a surcharge of $50 per month shall be imposed in addition to all other charges authorized and imposed under any applicable ordinances of the town, commencing at the next billing period following the date of the failure and refusal to execute the grant of inspection to the town. If the user continues to refuse to execute a grant of inspection after a period of 60 days, the surcharge shall be raised to $75 per month.
(H) In the event a user utilizing the system executes the grant of inspection, and the town inspects, conducts tests, and determines that the buildings and/or appurtenances of said user are not in compliance, then and in such event, the town, 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 of the ordinance set forth herein within 45 days of the date of the notice.
(I) In the event that the building and/or appurtenances of the user are determined not to be in compliance with the ordinance set forth herein, and any amendments thereto, and the time period referred to herein for corrective work expires, and the user refuses or fails to bring buildings and/or appurtenances in compliance with the aforementioned ordinance, a surcharge of $75 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 town, commencing at the next billing period following the date of the inspection or testing by the town wherein such noncompliance was determined, for permitting such violation to continue to exist.
(J) The surcharge referred to herein shall cease only upon the following conditions:
(1) The user utilizing the system executes a grant of inspection to the town and takes the required corrective action required to bring about compliance;
(2) The town inspects and/or performs tests on the buildings and/or appurtenances connected to the system and determines that the buildings and/or appurtenances so connected to the system are in compliance; and
(3) The user has paid in full all surcharges billed to the user utilizing the system until the time period the buildings and/or appurtenances in question 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 or her buildings and/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 town, by its Wastewater Treatment Plant Supervisor or other town official, to prepare a notice of violation of town 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.
(Ord. 1996-0004, passed 8-5-1996)