[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-5-2007 by Ord. No. 2007-05]
It shall be illegal and a violation of this article for any
person to connect any discharge surface rainwater drainage facilities,
including gutters/downspouts, sump pumps, footing tiles and floor
drains, into the Village's underground public storm drainage tile(s).
Connections prohibited by § 205-1 of this article existing on the effective date of this article, as provided in § 205-5 hereof, may be maintained by the property owner, provided that the owner thereby assumes all risk of damage to his property resulting from overflow or backup of the public storm drainage tile onto the property of such owner from such connection(s), and by continuing such connection, the owner releases the Village of Sidney from any liability therefor, to the extent permitted by law; provided, however, that if any such preexisting connection hereafter is disconnected, or hereafter fails to function properly, then such private drainage facility shall not thereafter be reconnected to said public drainage tile.
Any person violating the provisions of this article shall be
punished by a fine of not less than $100 and not more than $750 for
each violation. Each day such violation continues shall be deemed
a separate violation, punishable by a separate fine.
The Village may, in addition to such fine, seek judicial injunctive
relief for continuing violations of this article.
The effective date of this article shall be November 16, 2007,
after its passage, approval and publication in pamphlet form as provided
by law.
If any provision of this article is judicially determined to
be invalid or unenforceable, that judicial decision shall not affect
the other provisions of this article, unless said finding so requires.
