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A. The owner of any property is required to connect the property to public sewer facilities if:

1. use of the owner’s property requires sewage disposal facilities; and the owner’s property is adjacent to a street, alley or easement where a public sewer is located; or

2. the exterior boundaries of the owner’s land is within 100 feet of a sewer, main, conduit or lateral and the sewage will flow by gravity into the sewer, main, conduit or lateral, and the person(s) occupying the property do(es) not have a valid permit for use of an existing private system as provided in BC 4.04.055.

B. If the public sewer, main, conduit or lateral is already constructed and in use, the property owner must hook up immediately. If the public sewer, main, conduit or lateral has not yet been constructed or is not yet operating, the property owner must connect to the sewer, main, conduit or lateral within 90 days after the sewer, main, conduit or lateral becomes available for public use. The owner must obtain a permit in accordance with BC 4.04.045 to hook up to the sewer, main, conduit or lateral.

C. Any owner of property within the City who fails to connect to said sewer as required by subsections A and B shall be deemed to have committed a Class 1 Civil Infraction. The infraction shall be processed in accordance with the procedures set forth in BC 2.10.010 through 2.10.050, as it is now or hereafter constituted. A separate infraction will be deemed to occur each month the infraction continues to exist and a separate penalty may be imposed for each infraction.

D. In addition to the penalty imposed under BC 2.10.010 through 2.10.050, failure to hook up to public sewer facilities as required by subsection A and B shall be deemed a public nuisance and may be abated by any of the procedures set forth in the Nuisance Ordinance. [BC 4.04.030, amended by Ordinance No. 3565, 5/5/87]