(A) Any persons found to be violating this chapter, shall be subject to a penalty not to exceed $50 per month, per billing account. This surcharge shall be imposed beginning the month immediately following passage and adoption of this chapter by the Town Council.
(B) There shall be a moratorium upon the requirement for payment of the penalty by the persons for a period of six months from the time of enactment of this chapter, as set forth. Further, any person who has, pursuant to this section, consented to the inspection of their respective premises within 90 days of the date of adoption of this chapter, shall not be liable for payment until the inspection has been accomplished and the person given the opportunity to bring the premises into compliance within the time frame set out herein.
(C) Any person may avoid liability for payment of the surcharge established, upon a showing that he or she is in compliance with all provisions of this chapter, which showing shall consist of the following procedures and conditions as to each building or appurtenance connected to the sanitary sewer.
(1) Each person shall, as to each building or appurtenance so connected to the sanitary sewer, execute a grant of permission to the town, to come upon the property and within the premises thereon, of the persons to inspect and/or perform sewer tests as may be deemed necessary by the town to verify the compliance hereinbefore referred to.
(2) The grant of permission, set forth herein, shall be deemed to include periodic inspections and/or tests as may be determined to be necessary by the town to maintain, ensure and monitor compliance with the provisions of this chapter.
(3) The inspection shall be made upon reasonable notice of at least 48 hours. There shall be no fee charged for the inspection.
(4) If, upon the initial inspection contemplated to verify compliance, a person is in fact not found to be in compliance, the person shall be given 14 days from the date of the inspection to so comply.
(D) In the event, a person is found to be in compliance as heretofore set forth, and upon subsequent inspection is found not to be in compliance, the person shall be liable for payment of an amount equal to the sum of the months since adoption of this chapter, multiplied by the monthly penalty in effect during the period as the case may be. The liability shall be reduced to 50% of the amount if the person complies within a period of ten days after notice by the town, of his or her noncompliance a second or subsequent time, then the person shall be liable for a sum equal to $50, plus an amount equal to the sum of the months since adoption of this chapter multiplied by the monthly penalty in effect during the period as the case may be.
(E) The Town Council has determined that the measures heretofore set out are a reasonable means of ensuring compliance with this chapter and are further necessary to protect and ensure the health, safety and welfare of the citizens and surrounding areas. Any person found to be violating any provision of this chapter, except provisions noted, shall be served by the town with written notices stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(F) Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned by the town by reason of the violation.
(Ord. 16 of 2007, passed 12-10-2007)