1. The City shall not accept any such application not received by the City within 90 days from the date of annexation of the property or 90 days from the date this section is effective, whichever is later.

2. As used in this section, the term “person” shall be deemed to include all persons holding title as tenants in common or by the entirety in the property on which a permit is sought.

1. that the person meets the ownership and occupancy requirements set out in subsection A of this section; and,

2. That there exists on the premises occupied by the person as of the date of the application, a sanitary sewage disposal system in the form of a septic tank that it is in good working order, is of adequate capacity to serve all occupants of the property, and serves that property alone; and,

3. That the person understands and agrees to the schedule of charges to be imposed by the City for sewage disposal services notwithstanding the person’s desire to use an existing private system, and that all such charges once received are entirely the property of the City; and,

4. That the person or the person’s representative currently does not have pending an application before any entity of government to partition the property in question nor is there currently in force and effect, an executed contract for sale of the property or a present possessory interest therein, including, but not limited to, an “earnest money agreement”; and,

5. That the person understands and agrees that any permit issued under this section is not transferable and is revocable at will by the council, and any representation by the person to the contrary may constitute fraud; and,

6. That the person by submitting the application, consents to the City’s entry on the property in question to verify any and all of the person’s statements made in the application and to verify that the existing disposal system remains in good working order without substantial repair or replacement while this permit is in effect; and,

7. That the person will hold harmless and indemnify the City from any claim of damage to person or property alleged to be caused by the person’s private sewerage disposal system.

1. Ab initio, if the City at any time determines that any material statements made on the application for the permit were false, whether or not the falsity was intentional; or,

2. If the person (or all persons) to whom the application is issued ceases to occupy the property as the person’s principal residence or ceases to own the exclusive present right to possess the property; or,

3. If any entity of government of competent jurisdiction grants an order or permit for partition of the property, as the term “partition” is defined now or hereafter in the Development Code; or,

4. If the City in its sole discretion finds that the private sewerage disposal system serving the property no longer exists in good working order or that a major part of same has been or is about to be repaired or replaced since the permit first was issued; or,

5. If the person holding the permit denies the City entry upon the property in question to make an inspection contemplated in subsection D4 of this section; or,

6. If the City finds that the dwelling area of the property in question has been or is about to be substantially increased.

1. In the event that a permit granted under this section is revoked for any reason, no person shall be eligible to apply for or receive another such permit for the same property. [BC 4.04.055, added by Ordinance No. 3565, 5/5/87]