[Added 9-6-1989 by L.L. No. 8-1989]
Whenever any public sewer improvement within the town is designed or configured so that sewage flows through a septic tank located upon private property before being introduced into said public sewer improvement, the septic tank shall be emptied periodically as is hereinafter set forth. The procedures described in this section shall apply independently to each such public sewer improvement. Different sections of a continuous public sewer improvement may be treated separately in order to effectuate the purpose of this section, which is to ensure that all private systems used in conjunction with public systems are cleaned at approximately three-year intervals.
A. 
Within 30 days after the effective date of this section or within three years of the commencement of operation of any such public sewer improvement, whichever is later, and at intervals of approximately three years thereafter, the Town Board shall notify owners of property having such septic tanks, by regular first class mail, of its intention to solicit bids for the emptying of all such septic tanks.
B. 
At any time within 30 days following the mailing of said notice, an affected property owner may certify to the Town Board, by such manner as the Town Board shall deem sufficient, that the septic tank maintained by said property owner has been emptied by a qualified contractor within one year preceding the expiration of said thirty-day period. Failure of any affected property owner to so notify the Town Board shall result in the emptying of said property owner's septic tank and the imposition of charges as is described below.
After the expiration of said thirty-day period, the Town Board shall solicit bids from qualified contractors for the emptying of all septic tanks for which the Town Board has not received and accepted certifications as described in Subsection B of this section. Said bids shall be subject to the provisions of the General Municipal Law pertaining to competitive bidding.
The cost of any contract entered into by the town pursuant to said bid shall be assessed against the properties containing the septic tanks emptied pursuant to said contracts in proportion to the unit assessments established for each such property, pursuant to § 110-50 of this Part.
Any property owner refusing without justification to grant access to his or her property for the purpose of performance under any contract entered into pursuant to this Part 2 shall be liable for a civil penalty in the amount of $500, which shall be enforceable in any court of competent jurisdiction, and shall be subject to an action for an injunction to force compliance with this Part 2.