(A) Subject to the provisions of division (D) below, every person owning a house or other building or structure designed or intended for human habitation, occupancy or use, the property line of which is within 200 feet of a city sanitary sewer and/or water line, shall connect the premises to the sanitary sewer and/or water line; however, no person shall be required to cross the private property of another person to make the connection.
(B) Subject to the provisions of division (D) below, the provisions of division (A) above shall become applicable to owners of properties described therein when new or extended city sanitary sewer lines and water lines are laid. The owners of properties shall have 60 days from the time the new or extended sewer and/or water lines are laid in which to make the connections required by division (A) above.
(C) Subject to the provisions of division (D) below, every person owning a house or other building or structure designed or intended for human habitation, occupancy or use, located within the newly-annexed areas in the city, the property line of which is within 200 feet of a city sanitary sewer and/or water line, shall connect the premises to the sanitary sewer and/or water line. The provisions of this division (C) shall become applicable to owners of property described herein when new or extended city sanitary sewer lines and water lines are laid. The owners of the properties shall have 60 days from the time the new or extended sewer and water lines are laid in which to make the connections required by division (A) above.
(D) (1) Owners of improved property located within the newly-annexed areas in the city, when new or extended city sanitary sewer lines and/or water lines are laid within 200 feet of the property line, may elect to pay an availability charge rather than connect to the city sanitary sewer line and/or water line. The availability charge shall be a monthly charge and is identified in the schedule of current water and sewer rates for residential and industrial consumers maintained in the Office of the City Clerk. The availability charge shall not exceed the minimum periodic service charge for properties that are connected to the city sanitary sewer line and/or water line.
(2) The owners of the properties electing to pay an availability charge shall have 60 days from the time the new or extended sanitary sewer and/or water lines are laid to pay the initial availability charge. The availability charge for sewer lines shall be deemed a sewer charge as defined by § 51.010 and shall be paid in accordances with § 51.010.
(3) In the event of default of payment of the availability charge for a continuous period of 60 days from the due date, the property owner shall have deemed to have waived his or her opportunity to pay an availability charge rather than connect to the city sanitary sewer and/or water line, and the City Manager shall have the authority to require connection in accordance with division (C) above. Enforcement may be made by an appropriate equitable remedy from a court of competent jurisdiction.
(2009 Code, § 51.13) (Ord. passed 2-22-1994; Ord. 2020-O-76, passed 5-12-2020)