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Upon expiration of the term provided for in section 19-46, a user utilizing the system of the Town may avoid the imposition or levy of any fines, fees, charges or penalties with regard to such use and utilization by representation of proof of compliance and continuing compliance with the provisions of this article, which proof shall consist of and include compliance with the following procedures and conditions as to each building and/or appurtenance connected to the system of the Town:

(1) Upon request by the Town official, either in writing or by personal contact, each user utilizing the system shall within ten (10) days, as to each building and/or appurtenance so connected to the system, execute a "grant of inspection" to the Town, to permit entry upon the property served by the system on which the buildings and/or appurtenances are located, to inspect and/or perform such tests as may be deemed necessary by the Town, to verify and prove compliance with the provisions of this article.

(2) The grant of inspection shall be deemed to include the right of periodic inspections and/or tests thereafter, as may be reasonably determined to be necessary by the Town, to maintain, monitor and ensure continued compliance with the provisions of this article.

(3) Once a grant of inspection has been executed, it may be revoked at any time by the original grantor thereof, or any subsequent owner of the property covered by the grant of inspection, provided however that any person revoking a grant of inspection shall be subject to the provisions of paragraph (7) except that in addition to the surcharge to be charged in accordance with paragraph (7), if any, the user shall be liable for payment of a sum equal to the sum of the months since the last determination of compliance was made or the date of a grant of inspection whichever is later, multiplied by the monthly surcharge amount provided for in paragraph (7), for knowingly, wilfully and/or intentionally creating or permitting such violation to commence and continue.

(4) Reasonable written notice of at least forty-eight (48) hours shall be given by the Town official to the user of the time and place at which the inspections and/or tests provided for herein are to be made.

(5) There shall be no fees charged for any inspections and/or tests conducted and performed by the designated representatives or officials of the Town.

(6) In the event a user utilizing the system executes the grant of inspection, and the Town determines that said buildings and/or appurtenances are in compliance, no surcharge, fines or other penalties shall be imposed or levied upon the user; provided, however, that the Town shall have the right and authority, pursuant to the grant of inspection, to conduct additional inspections and/or tests at a later date to determine that compliance still exists.

(7) In the event a user utilizing the system fails or refuses to execute a grant of inspection to the Town or records of grant of inspection previously executed, for the purposes provided for herein, a surcharge of twenty-five dollars ($25.00) per month, per billing account for such user, shall be imposed in addition to all other charges authorized and imposed under any applicable ordinances of the Town, commencing at the next billing period following the date of the failure or refusal to execute or the revocation of the grant of inspection to the Town.

(8) In the event a user utilizing the system executes the grant of inspection, and the Town inspects, conducts tests, and determines that the buildings and/or appurtenances of said user are not in compliance, then, and in such event, the Town by its town official, shall provide written notice of the results of the inspection and tests to the user, who shall be required to permanently comply with the applicable provisions of this article within ninety (90) days of the date of the notice. The user shall have the right to appeal the findings by filing with the chairman of the sanitary board of appeals, within ten (10) days from the date of such notification, a written notice of appeal which shall set forth all matters being appealed, the reasons therefor, and such additional evidence, test results, findings, or other new matters in support of such appeal. The form of the notice of appeal shall be in substantially the form as set forth in the addendum to Ordinance No. 0636. The chairman of such board shall, within fourteen (14) days of the date of the filing of such appeal, convene a special meeting of the board for the purpose of making a determination in such appeal. The board shall have the right, if it so decides, to require additional oral or written testimony at such time. The board may, in the alternative, determine such appeal solely on the basis of the written findings of the Town and the written matters set forth by the user in the request for an appeal. The board shall make its determination within seven (7) days of the date of the appeal meeting. The board shall serve written notice of its determination upon the user within seven (7) days after the determination is reached. If the appeal by the user is unsuccessful, the user shall be required to comply with the provisions of this article within sixty (60) days of the date of the board's determination. The Town shall, upon completion of the corrective work, again inspect the buildings and/or appurtenances of the user to verify the compliance.

(9) In the event that the buildings and/or appurtenances of the user are determined not to be in compliance with this article, and the time period referred to herein for corrective work expires, and the user refuses or fails to bring buildings and/or appurtenances in compliance with the aforementioned ordinance, a surcharge of fifty dollars ($50.00) per month per billing account for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable ordinances of the Town, commencing at the next billing period following the date of the inspection or testing by the Town wherein said noncompliance was determined, for permitting such violation to continue to exist.

(10) The surcharge referred to herein shall be removed only upon the following conditions:

a. The user utilizing the system executes a grant of inspection to the Town or makes the required corrective action to bring about compliance; and

b. The Town inspects and/or performs tests on the buildings and/or appurtenances connected to the system and determines that the building and/or appurtenances so connected to the system are in compliance; and

c. The payment in full of all surcharges billed to the user utilizing the system until the time period the buildings and/or appurtenances in question of the user are determined to be in compliance.

(11) The failure or refusal by a user utilizing the system to execute a grant of inspection or the revoking of a grant of inspection or to cause his buildings and/or appurtenances to be in compliance, after being determined not to be in compliance, within ninety (90) days from date of the failure, refusal, revocation or notice of noncompliance, unless an appeal has been taken, in which event it shall be within sixty (60) days of the date of service of the affirming order of the board, shall cause the Town, by its clerk-treasurer, or other town official, to prepare a notice of violation of town ordinance as to the property in violation of this article, and to file the notice for record in the office of the county recorder. The notice of violation shall set forth the name of the owner of the property, the correct legal description of the property, a brief summary of the violation, a statement that the applicable surcharge or surcharges, as the case may be, depending upon which is applicable, is assessed against the user and the property, and a statement that the violation of this article is continuing in nature until the property is brought into compliance. Any subsequent purchaser of the property described in the notice of violation shall take title subject to such violations and shall be responsible for compliance with the terms of the ordinances set out therein and the payment of any surcharges due by reason of such violations. Within fifteen (15) days after a user, who has had a notice of violation recorded against property in violation of this article has cured the noncompliance, as provided for herein, the Town, by the Town official, shall cause to be prepared and recorded a release of notice of violation of town ordinance in the office of the county recorder. The release shall set forth the name of the owner of the property, the correct legal description of the property, and the date on which the noncompliance has been corrected.

(Code 1983, 36-9-23-7(b), § 2(B); Ord. No. 0636, § 1(4), 7-9-84)