A.   Any sanitary sewer customer requesting the financial assistance participation under this article must be the owner of the property, and as a condition to receiving the assistance the owner must agree in writing to the following:
      1.   Inspection: The city, on reasonable notice, may inspect the foundation drain connection at any time.
      2.   Maintenance And Repair: The property owner shall maintain the sump pump system and timely complete any repairs or replacement of the sump pump system.
      3.   Discharge Modifications Prohibited: The property owner shall not modify the sump pump discharge in any manner that would directly or indirectly contribute foundation drain flow to the sanitary sewer system.
      4.   Noncompliance Fee For Foundation Drain Connection: The property owner shall be subject to the provisions of section 8-3F-9 of this article regarding the extraneous flow fee for foundation drain connection in the event the property owner fails to repair or replace the sump pump or to cure any other prohibited modifications of the system within thirty (30) days following notice by the city.
      5.   Agreement Runs With The Land: The property owner shall agree that the requirements of this article shall run with the land. Such agreement may be recorded by the city in the office of the Black Hawk County recorder, or the city may elect to maintain a record or database of properties governed by such an agreement. (Ord. 5248, 10-27-2014)