[Amended 3-17-2010 by Ord. No. 10-02]
When used herein, the following words shall have the following
meanings:
Any person(s) (as defined below) selling real property (as
defined below) or purchasing real property (as defined below) located
within the City of Corunna.
A certificate issued from a properly licensed inspector/contractor,
as approved and defined by the City of Corunna, confirming in the
form of a written report or statement certifying that there is not
located on a property any illegal connections (as defined below) into
the sanitary sewer system (as defined below).
Connections to the sanitary sewer system that allow storm/surface/ground
water to be discharged into the City's sanitary sewer system
from sources including, but not limited to; sump pumps, down spout
drainage, roof drainage, areaway drainage, and deficient sewer laterals
allowing excessive groundwater inflow.
Includes, at a minimum, a physical inspection of the property.
Any other testing procedure needed, such as dye testing, smoke testing
and a CCTV (closed circuit television) inspection of the lateral to
determine if any storm/surface/ground water is entering the sanitary
sewer system may be required by the City.
A properly licensed and insured plumber/contractor approved
by the City Manager or DPW director and/or his/her assigned agents.
Any natural person, partnership, association, authority,
syndicate, firm, corporation, developer, contractor, government, or
other entity recognized by law as the subject of rights and duties.
Includes any and all acquisitions of title to real property
with or without consideration.
A person acquiring title to real property with or without
consideration.
Includes any and all transfers or changes in ownership of
real property, with or without consideration.
Sewers designed and built to carry sanitary sewage and/or
industrial waste separately from water discharge.
The entire sewer system of the City of Corunna.
A person transferring or conveying title of real property
to another person.
A sewer system designed to accept and transport flows of
storm/surface/groundwater, as distinct from sewage.
[Amended 3-17-2010 by Ord. No. 10-02]
(a)
From and after the effective date of this division,
it shall be unlawful for any person to construct, install, maintain,
repair, operate, use, or allow an illegal connection to the sanitary
sewer system on real property owned by that person. This prohibition
expressly includes, without limitation, illegal connections made prior
to the effective date of this division, regardless of whether the
connection was permissible under law or practices applicable or prevailing
at the time of the connection.
(b)
From and after the effective date of July 1, 2010,
it shall be unlawful for any person whose real property is connected
to the sanitary sewer system to sell real property located within
the City of Corunna on which a building or improvement exists without
first obtaining and delivering to the purchaser (as defined above)
and to the City of Corunna an Evidence of Compliance Certificate from
a "inspector/contractor" as defined within this division. This effective
date does not apply to those properties found to be not in compliance
under the inspection program conducted by the City under the SWQIF
(S2) program in 2009/2010. Those properties found to be noncompliant
properties under the SWQIF (S2) program are subject to an immediate
corrective action plan as defined under the SWQIF (S2) project plan
and upon correcting all noted deficiencies under such plan and receiving
an evidence of compliance certificate from an inspector/contractor
approved by the City, are subject to the above transfer of ownership
terms two years from the date that such certificate of compliance
was given.
(c)
From and after the effective date of July 1, 2010,
it shall be unlawful for any person (purchaser) to purchase real property
located within the City of Corunna connected to the sanitary sewer
system on which a building or improvement exists without first obtaining
from a seller a valid evidence of compliance certificate and delivering
such certificate to the City. Those properties found to be noncompliant
properties under the SWQIF (S2) program are subject to an immediate
corrective action plan as defined under the SWQIF (S2) project plan,
and upon correcting all noted deficiencies under such plan and receiving
an evidence of compliance certificate from a inspector/contractor
approved by the City, are subject to the above transfer of ownership
terms two years from the date that such certificate of compliance
was given.
[Amended 3-17-2010 by Ord. No. 10-02]
Illegal connections must be disconnected from the sanitary sewer
system, and redirected, as appropriate, to either a separate storm
sewer system, or another appropriate legal place. Connection of the
illegal connection to the City's separate storm sewer system
is subject to the prior approval of the City. In no event is water
to be discharged from the illegal connection upon or across public
or private sidewalks, or discharged onto adjacent property not owned
by the same owner. Prior to the commencement of any work on the disconnection
of an illegal connection, all necessary and required building permits,
street opening permits, sidewalk opening permits, tap-in permits,
and other approvals and permits that may be necessary to accomplish
the disconnection shall be acquired, and all fees paid, and a plan
of corrective action shall be presented to the City for the City's
approval. Disconnection shall mean that the illegal connection is
disconnected and removed from the sanitary sewer system, and that
the illegal connection access to the sanitary sewer system at that
location is permanently capped and sealed. The disconnection of the
illegal connection shall be certified by an inspector/contractor.
[Amended 3-17-2010 by Ord. No. 10-02]
(1)
All evidence of compliance certificates must conform
to the requirements defined under Subsection 78-93(d) inspection.
(2)
If an inspector/contractor determines that there are
no illegal connections he shall so note and issue an evidence of compliance
certificate promptly to the owner and to the City.
(3)
If the inspector/contractor determines that there is/are
illegal connection(s) of the real property, he shall so note and present
a plan of corrective action, for the City's approval, to the
City and the property owner. The time period for the completion of
the remedial work (based upon the extent of the work required and
the existing conditions) shall be such as the City will approve. After
the corrective action has been taken, the real property will be re-inspected,
and if the inspector/contractor determines that there are no illegal
connections on the real property, he shall so certify and issue an
evidence of compliance certificate promptly to the property owner
and to the City.
(4)
If the re-inspection reveals the existence of any illegal
connections, the inspector/contractor shall so certify as such and
the City shall deem the property to be noncompliant and subject to
any and all other provisions of this division.
(5)
An evidence of compliance certificate shall expire two years following the date of its issuance subject to all provisions listed under Subsection (6) below.
(6)
Any additions made to the property at any time after issuance of an evidence of compliance certificate, that in any way alters or enlarges sanitary sewer services to or on said property, are subject to a current evidence of compliance certificate being issued by an inspector/contractor deeming that such property is in full compliance with the provisions of this division. The director of public works and his or her assigned agent(s) may at his or her own discretion issuance an evidence of compliance certificate under this Subsection (6), and in those instances, where he or she has the ability to certify that all the provisions under this division are met.
[Amended 3-17-2010 by Ord. No. 10-02]
The City may reject an application for an evidence of compliance
certificate whenever the requirements of this division have not been
met. In the event of such a rejection, the applicant may, within 15
days of the rejection, file an appeal with the City Clerk and plead
their case to the Corunna City Council at a regularly scheduled meeting.
The City Manager may waive any requirements under this division
that may create an undue hardship as long as the full intent of this
division, as described under Subsection 78-94(a), is obtained.
[Amended 3-17-2010 by Ord. No. 10-02]
The City of Corunna may adopt any or all of the following in
order to accomplish the purpose of this division.
(a)
Establish and promulgate any and all forms, fees, procedures,
regulations and/or guidelines necessary to implement and effectuate
the objectives and purposes of this division.
[Amended 3-17-2010 by Ord. No. 10-02]
(a)
Duly authorized representatives of the City of Corunna
may enter, at reasonable times, upon any property within the City
of Corunna to perform inspections to determine compliance with this
division. The City shall notify the property owner within 24 hours
of entry.
(b)
Property owners shall allow persons working on behalf
of the City of Corunna ready access to all parts of the premises for
the purpose of determining compliance with this division.
(c)
If the property has security measures in force, which
require proper identification and clearance before entry into its
premises, the owner and/or possessor shall, upon reasonable notice
by the City, make the necessary arrangements to allow access by a
representative of the City.
(d)
The owner and/or possessor of the property shall allow
the City reasonable access to all parts of a property necessary to
conduct the inspection of the property. The City shall have the right
to set up, on any property, such devices as are necessary in the opinion
of the City to conduct an inspection of the property.
(e)
Any temporary or permanent obstruction to safe and
easy access to the property to be inspected shall be promptly removed
by the owner and/or possessor of the property and shall not be replaced
until such inspection is completed and/or any violations of this division
are corrected and such corrections are certified by an inspector/contractor.
(f)
The City may provide notice of the inspections of a
property or properties orally or by written notice or publication.
Notice is required if the owner and/or possessor specifically refuses
access.
(g)
If the City has been refused access to any part of
a property on which an illegal connection is suspected or an inspection
is required as part of a program, the property will be deemed to be
noncompliant and subject to any and all fines, fees, or penalties
as allowed and/or set under this division.
[Amended 3-17-2010 by Ord. No. 10-02]
All properties covered by this division are subject to any and all fees or penalties adopted by the City Council relating to noncompliance issues. The service fee shall be set forth pursuant to Chapter 38 of the Corunna City Code.
[Amended 3-17-2010 by Ord. No. 10-02]
When the City finds that a noncompliance or violation of this
division has occurred, the City may order compliance by issuing a
written notice of noncompliance/violation. Said notice may be served
personally on the owner and/or possessor of the property, by leaving
the same at the principal building on the property, by posting the
same conspicuously on the property, or by first class or certified
mail sent to the address of the property or at such other address
for the owner and/or possessor as maintained in the City of Corunna
records.
The notice of noncompliance/violation shall contain the following:
(a)
The name and address of the alleged noncomplier/violator.
(b)
The address when available or a description of the
building, structure or land upon which the noncompliance/violation
is occurring, or has occurred.
(c)
A statement specifying the nature of the noncompliance/violation.
(d)
A description of the remedial measures necessary to
restore compliance with this division and a time schedule for the
completion of such remedial action.
(e)
A statement of the penalties or fees that shall or
may be assessed against the property and/or persons to whom the notice
of noncompliance/violation is directed.
(f)
The person whose discharges, practices, or operations
are in noncompliance/violation of this chapter shall cease and desist
from such noncompliance/violation.
[Amended 3-17-2010 by Ord. No. 10-02]
Any person receiving a notice of noncompliance/violation may
appeal the determination of such violation by filing a written notice
of appeal with the City Clerk for presentation to the City Council
within 15 days of receiving a notice of non/compliance/violation.
[Amended 3-17-2010 by Ord. No. 10-02]
In the event a noncompliance/violation of this division constitutes
an immediate danger to public health or public safety, or any condition
caused or permitted to exist in violation of the provisions of this
division continues, the City of Corunna is authorized to take any
and all measures necessary to abate the noncompliance/violations,
which includes disconnecting and removing the illegal connection(s).
The costs of the any and all measures taken by the City shall constitute
a lien against the property and shall be due and payable within 60
days upon receiving such billing from the City. All unpaid balances
due after such 60 days shall be subject to interest, penalties, fees
and administration costs as set by the City Council and placed as
an unpaid lien against the property and assessed on the next available
tax bill levied in the City.
