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§ 52.030 AUTHORITY TO INSPECT.
   (A)   The Superintendent, Inspector and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Superintendent or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind of source of discharge to the sewers or waterways or facilities for waste treatment.
   (B)   While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.019(D) of this chapter.
   (C)   The Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(1996 Code, § 5-21) (Ord. 86-17, passed - -; Ord. 91-26, passed - -)
AVAILABILITY FEE; OWNERSHIP OF SYSTEM; INSPECTIONS
§ 52.045 DEFINITIONS.
   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   AVAILABILITY FEE. The fee charged to a lot owner, builder or developer for a single connection to the town’s sewer system.
   CONSTRUCTION STANDARDS. The construction standards adopted by the Town Council as Ord. 2001-09 on 5-7-2001, as amended.
   DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including eating, lawful cooking, sleeping space and sanitary facilities reserved solely for the occupants thereof. The term shall include MOBILE DWELLINGS, MODULAR DWELLINGS and MANUFACTURED DWELLING (as those terms are defined in the town’s Zoning Ordinance), but shall not include recreational vehicles.
   EQUIVALENT DWELLING UNIT or EDU. The average amount of wastewater generated by a single-family dwelling unit. For purposes of this subchapter, the amount of wastewater generated by any single-family dwelling unit shall be deemed to equal exactly one EDU. For buildings or structures not considered a single-family dwelling unit, or for real estate that has a building or structure other than a single-family dwelling unit, the Town Engineer or Superintendent of the municipal sewage works shall determine the number of EDUs utilized by said building, structure or real estate for purposes of determining the applicable availability fee.
   FACILITIES. All structures and equipment used to collect, transport and treat wastes, including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to a wastewater treatment facility.
   OWNER LATERAL. Any lateral sewer lines and facilities from a building or structure, including, without limitation, a single-family dwelling unit, on a lot or similar piece of real estate built by or for the owner of the real estate and transported to an interceptor which is part of the town’s sewer system.
   PRIVATE SEWAGE DISPOSAL SYSTEM. A septic tank, filtration field and subsurface drainage, if required, which are located on an individual lot.
   SINGLE-FAMILY DWELLING UNIT. An individual, detached building containing one dwelling unit which is either:
      (1)   Built in compliance with the CABO One- and Two-Family Code and the town’s Building Code;
      (2)   A modular dwelling; or
      (3)   A manufactured dwelling.
   SUPERINTENDENT. The Superintendent of the town’s municipal sewage works.
   ZIONSVILLE SEWER AVAILABILITY FUND. The fund to be established by the Clerk-Treasurer for the deposit of availability fees received by the town and the town’s municipal sewage works pursuant to this subchapter.
   ZIONSVILLE SEWER SYSTEM. The sewer system that is owned and controlled by the town, including, without limitation, all collector sewers, interceptor sewers and the wastewater treatment facilities owned and utilized by the town and the town’s municipal sewage works.
(1996 Code, § 5-30) (Ord. 72-5, passed - -; Ord. 80-5, passed - -; Ord. 90-26, passed - -; Ord. 2001-21, passed - -; Ord. 2003-05, passed - -)
§ 52.046 OWNERSHIP OF SYSTEM.
   All extensions of facilities to the town’s sewer system must be approved and accepted by the Superintendent prior to connection to the town’s sewer system, and once connected, shall become and remain thereafter the sole property of the town without any further dedication thereof. All owner laterals shall remain the property of the owner of the real estate upon which said owner lateral runs. Upon the dedication of any collector or interceptor system to the town, any owner laterals running to said interceptor or collector shall remain the property of the real estate owner. Neither the Town Council, nor the town’s municipal sewage works, is responsible or liable for damages to, or caused by, an owner lateral. All owner lateral maintenance is to be performed by, and is the responsibility of, the owner of the real estate upon or to which said owner lateral runs.
(1996 Code, § 5-30) (Ord. 72-5, passed - -; Ord. 80-5, passed - -; Ord. 90-26, passed - -; Ord. 2001-21, passed - -; Ord. 2003-05, passed - -)
§ 52.047 CONNECTION PERMITS.
   (A)   Permit and availability fee required. From and after the effective date of this subchapter, no connection to the town’s sewer system shall be allowed until a permit is obtained and payment has been made, as hereinafter provided, into the Town Sewer Availability Fund.
   (B)   Special agreements. Special agreements and arrangements between the Town Sewage Department and any person may be established for refunding the costs necessary for oversizing to meet the construction standards, but any such agreement shall only apply for the portion of the oversizing which lies with a real estate owner’s development. The decision to enter into special agreements and arrangements shall be made by the Town Council and the Superintendent in their sole discretion.
(1996 Code, § 5-30) (Ord. 72-5, passed - -; Ord. 80-5, passed - -; Ord. 90-26, passed - -; Ord. 2001-21, passed - -; Ord. 2003-05, passed - -) Penalty, see § 52.999
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