(A) No person or legal entity, being the owner, occupant or person in charge of any premises so situated within the village, that a connection with the village water system can or has been made, shall drill, construct or institute a private water well site, irrespective of purpose or intent.
(B) For cases in which division (A) of this section would work as undue hardship, the person or legal entity so burdened may apply to the Village Council for a special permit and waiver from the provisions of this section. The reason of claimed undue hardship and proof that the proposed water well site will not adversely affect the health and safety of the community must appear on the application to the Village Council.
(C) (1) The village, the Village Administrator, the County Health Department and/or any of these entities’ authorized agents are hereby authorized to inspect any water well system within the village, upon giving the owner, user or occupier of the premises 24 hours advance written notice of its intent to inspect, for the following purposes:
(a) To make sure the water well system is sanitary and not a health hazard;
(b) To make sure that the water well system is not being used as a means to bypass the regular village water and sewer system, including, but not exclusive of other means, the linking of a water well system with the village water and sewer system; and
(c) To make sure that the owner, user or occupier of the premises is being charged the appropriate rate for usage of the village water and sewer system.
(2) When an inspection discloses a water well site problem as enumerated above, the inspector is authorized to issue appropriate orders, including abatement of the problem or an adjustment of water/sewer charges, to bring about compliance. If the owner, user or occupier fails to comply with the inspector’s orders within ten days of the receipt of the orders, the individual may be punished pursuant to division (D) of this section.
(D) Whoever violates or fails to comply with any of the provisions of this section shall be fined not more than $100, and, in addition, shall be required by a court of competent jurisdiction to abate or have abated the water well site at the violator’s cost and expense.
(Prior Code, § 1040.04) (Ord. 521, passed 7-11-1988)