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Any sanitary sewer customer within an established district with a direct or indirect foundation drain connection to the sanitary sewer system remaining in place three (3) years after the effective date for the establishment of the district shall be subject to a monthly fee of fifty dollars ($50.00) for the extraneous flow, or potential extraneous flow, contributed to the sanitary sewer system. The payment will be in addition to all other sanitary sewer user charges and shall continue to accrue from month to month until such time as the city determines through inspection either that the direct or indirect foundation drain connection no longer exists or that there was no direct or indirect foundation drain connection as of the date of establishment of the district. Extraneous flow fees remaining unpaid may be assessed against the property for collection in the same manner as a property tax, as provided in state law. (Ord. 5364, 8-22-2016)
There is a presumption that all sanitary sewer customers within the established district have a foundation drain connection to the sanitary sewer system as prohibited under this article. Beginning three (3) years after the effective date for the establishment of the district, all properties within the district that have not completed an approved disconnection procedure or other equivalent disconnection procedure inspected and documented by the city, or that have not provided to the city a certified statement from a licensed master plumber, licensed residential building contractor, or city plumbing inspector that the property does not have a foundation drain connection, shall be presumed to have a foundation drain connection for purposes of this article. (Ord. 5364, 8-22-2016)
Any property owner subject to the extraneous flow fee under this article may request the city to inspect the sanitary sewer service. If the city determines there was no direct or indirect foundation drain connection as of the effective date for establishment of the district, the city shall refund all extraneous flow fees collected and shall cancel all such fees that have accrued but have not been collected. In the event the city determines a foundation drain disconnection was completed and the foundation drain connection no longer exists, the city shall discontinue the imposition of the extraneous flow fees for that sanitary sewer customer and shall refund previous payments. Such refund shall be limited to the number of monthly payments made or three (3) months, whichever is less. (Ord. 5248, 10-27-2014)
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