All property owners identified by the office of the city manager as contributors to excessive or improper infiltration or inflow into the treatment works and those identified by the engineering report known as “City of Brookings Infiltration and Inflow Study” dated March, 1979, shall be advised of their infiltration and inflow problems.
(Ord. 88-O-430 Art. VII § 1)
All such situated properties shall be provided a 60-day grace period in which to correct the infiltration and inflow problems as identified, said 60-day grace period to extend from the date of notification.
(Ord. 88-O-430 Art. VII § 2)
By the end of the 60-day grace period, each property shall notify the city administrative offices that corrective actions have been taken or are in progress, which actions shall be specified in the notification to the city.
(Ord. 88-O-430 Art. VII § 3)
A property owner failing to notify the city of Brookings of corrective action prior to the end of the 60-day grace period shall be subject to termination of service, without further notice and water service, if provided by the city, shall be immediately discontinued and shut off until the violation shall have been corrected in accordance with federal, state and city regulations.
(Ord. 88-O-430 Art. VII § 4)
In the event any instance of excessive or improper infiltration or inflow into the treatment works of the city of Brookings shall continue beyond the 60-day grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance and the city of Brookings shall have the right to abate such public nuisance, and to enter upon any private property within the city of Brookings for such purpose, and shall assess the cost of such abatement as a lien against the property upon which such continuing infiltration and inflow occurs and shall assess the cost of such abatement to the property upon or from which infiltration and inflow occurs. Such assessment shall be levied by the filing of a statement of such costs together with the description of the property or properties to be assessed, together with the names of the owner(s) thereof with the city recorder, whereupon the city recorder shall forthwith enter such assessment as a lien against such property in the city lien docket of the city of Brookings. An administration fee of $50.00 or 15 percent of the cost, whichever is greater, shall be charged and collected by the city in addition to all costs of abatement.
(Ord. 88-O-430 Art. VII § 5)