(a)
It shall be unlawful for any person owning, occupying or controlling
any premises within the city or any premises within the extraterritorial
jurisdiction of the city and connected to the city’s sanitary
sewer system to allow the premises to contribute any substance to
the sanitary sewer system that will contribute to or result in an
overflow or exceed the limitations of section 20.09.003(a).
(b)
No culpable mental state is required as an element of proof in prosecution
under this section.
(1990 Code, sec. 8.3302; Ordinance
adopting Code)
It shall be the duty of the superintendent in charge of the
sewer system of the city or his or her authorized agent to notify
the owner, occupant, or person in control of any premises within the
city or within the extraterritorial jurisdiction of the city, on which
there exists a violation of the terms of this division, to correct
such defect or condition causing the violation within ten (10) days
of such notice. The notice shall be in writing and may be served by
handing it to him or her in person, or by certified mail, return receipt
requested, to such owner, occupant or person in control of the premises
at his or her respective post office address, or by publication as
many as two (2) times within ten (10) consecutive days if personal
service cannot be had or the person’s address not be known.
(1990 Code, sec. 8.3303)
(a)
Upon the failure or refusal of the owner, occupant or person in control of premises to comply with section 20.07.142 hereof, within ten (10) days as directed, or if personal service may not be had as aforesaid or the person’s address not be known, the wastewater department may have the defect cured or corrected.
(b)
The superintendent in charge of the sewer system or his or her authorized agent may issue citations and prosecute persons for violating section 20.07.141. Such citation may be served on the owner, occupant or person in control of premises by handing it to him or her in person or by United States certified mail, return receipt requested, addressed to such person at his or her post office address.
(1990 Code, sec. 8.3304)
If the city corrects or cures the condition or defect at the request of an owner, occupant or person in control of the premises or upon the failure of the owner, occupant or person in control of the premises to comply with the notice required under section 20.07.142 hereof, charges in the amount of the total actual costs incurred by the city in performing the work shall be collected from the owner, occupant or person in control of the premises or billed on the next regular water and sewer service billing against the property on which the work is performed each time such correction or cure is performed. The charges shall be collected by the utility department of the city. If the charges are not paid within thirty (30) days after notice to the owner, occupant or person in control of the premises that the charges are due, the failure to pay shall be treated as any other failure to timely pay a utility bill.
(1990 Code, sec. 8.3305)
Within the ten-day period after receipt of such notice from
the superintendent in charge of the sewer system or his or her duly
authorized agent to correct or cure such condition or defect, such
owner, occupant or person in control of premises may request of the
city manager, either in person or in writing, that a date and time
be set when such person may appear before the city manager for a hearing
to determine whether or not such owner, occupant or person in control
of the premises is in violation of any of the provisions of this division.
Upon receiving such a request for public hearing the city manager
shall set a date and time for such hearing and shall cause such owner,
occupant, or person in control of premises to be notified of such
setting.
(1990 Code, sec. 8.3306)
(a)
The city manager shall conduct such hearing as set out herein and
shall determine whether such owner, occupant, or person in control
of premises is, in fact, in violation of any provision of this division.
Upon a finding that such owner, occupant, or person in control of
premises is in violation of any provision of this division, the city
manager shall order such owner, occupant, or person in control of
premises to immediately correct or cure said condition.
(b)
If any such owner, occupant, or person in control of premises shall
fail or refuse to correct or cure said defect within the period established
by the city manager, the city manager may issue an order directing
the superintendent in charge of the sewer system to have the same
corrected or cured. Should the city manager find no violation of this
division, the city manager may issue an order to such effect. If the
city has entered the premises and cured or corrected the condition
or defect, the city manager shall order any charges assessed against
the person’s utility bill, as a result of such abatement, be
removed from said bill.
(1990 Code, sec. 8.3307)
Any individual, association or corporation violating any portion or provision of this division shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine as provided in section 1.01.009, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(1990 Code, sec. 8.3308)
