Chapter 13.40
ENFORCEMENT OF SEWER REGULATIONS--PENALTIES
Sections:
13.40.040 Occupying disconnected premises--Nuisance.
13.40.050 Means of enforcement only.
13.40.060 Liability for violation.
13.40.010 Violation--Notice.
Any person found to be violating any provision of Chapters 13.12 through 13.40 or any ordinance, rule or regulation of the city, except Section 13.16.070, shall be served by the manager or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of Chapters 13.12 through 13.40 or any ordinance, rule or regulation of the city. Upon being notified by the manager of any defect arising in any sewer or of any violation of Chapters 13.12 through 13.40, the person or persons having charge of said work shall immediately correct the same. (Ord. 2-62 §801, 1962).
13.40.020 Public nuisance.
Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of Chapters 13.12 through 13.40 or any ordinance, rule or regulation of the city is declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. (Ord. 2-62 §802, 1962).
13.40.030 Disconnection.
As an alternative method of enforcing the provisions of Chapters 13.12 through 13.40 or any ordinance, rule or regulation of the city, the manager shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the city. Upon disconnection, the manager shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The manager shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 2-62 §803, 1962).
13.40.040 Occupying disconnected premises--Nuisance.
During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney’s fee and cost of suit arising in said action. (Ord. 2-62 §804, 1962).
13.40.050 Means of enforcement only.
The city declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty. (Ord. 2-62 §805, 1962).
13.40.060 Liability for violation.
Any person violating any of the provisions of the ordinances, rules or regulations of the city shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2-62 §807, 1962).