ARTICLE II
GENERAL PROVISIONS
Section 201 - Purpose
The purpose of this Ordinance is to provide for the maximum possible beneficial public use of the District's sanitary wastewater system through regulation of sewer construction, sewer use, and sanitary wastewater discharges; to provide procedures to insure compliance with the requirements contained in this Ordinance; and to establish rates and fees for connection to the District's sanitary wastewater system.
Section 202 - Short Title
This Ordinance may be cited as the Big Park Ordinance or District Ordinance.
Section 203 - District Office
All correspondence, applications, and inquiries should be addressed to: Jennifer Bartos, District Clerk, c/o Improvement District Services, Inc., 117 E. Gurley Street, Suite 206, Prescott, Arizona 86301.
Section 204 - Relief on Application
When any person by reason of special circumstances is of the opinion that any provision of this Ordinance is unjust or inequitable as applied to his premises, he may make written application to the Board stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision complained of, as applied to his premises.
Based on such application and its review of the situation, the Board may suspend or modify the provision complained of, as applied to such premises, which suspension or modification shall be limited to the period that the justifying special circumstances continue.
Section 205 - Relief on Board's Motion
If the Board, on its own motion, finds that by reason of special circumstances any provision of this Ordinance should be suspended or modified as applied to a particular premise may suspend or modify such provision. Such action shall apply only so long as the justifying special circumstances prevail.
Section 206 - Administration
The Administrator shall administer, implement, and enforce the provisions of this Ordinance.
Section 207 - Federally Designated Management Authority
The District has been granted status as a Federally Designated Management Authority as specified in the Northern Arizona Council of Governments (NACOG) 208 Plan under Section 208 of the Clean Water Act, and as such is required to approve all septic and sewer system to be installed within its designated area. This area is defined as: Township 17 North, Range 5 East: 35 & 36, Township 16 North, Range 5 East, Sections: 10,11,12,13,14,15,22,23,24,25,26,27, Township 16 North, Range 6 East, Sections: 7,8,9,16,17,18,19,20,21,28,29, & 30.
Section 208 - Notice of Violations
Any person found in violation of this Ordinance will be served with a notice stating the nature of the violation and providing a time limit of 48 hours, or an alternate time limit determined by the Board of Directors, for compliance. Such notice will be in writing and will be served in person or by certified mail. The notice will be sent to the last address of the owner of record known to the Administrator. If satisfactory action is not taken in the time allotted by the notice, Section 209 of this Ordinance shall be implemented.
Section 209 - Penalty for Non-Compliance
Any person who continues to violate the provisions of this Ordinance beyond the time limit provided for in the "Notice of Violation" may be charged a penalty. The penalty shall be up to $500.00 for each day the violation continues. The District may disconnect the property's service connection from its system and assess re-connection fees of $500.00 plus District costs upon re-establishment of service. The property owner will be responsible for replacement and/or repair of landscaping disturbed during line excavation. The District may also initiate a court action to recover costs and attorney’s fees. Re-connection shall not be allowed until all violations have been rectified.
Section 210 - Inspections
District representatives, bearing proper credentials and identification, shall be permitted to enter properties of users served by District wastewater facilities at any reasonable time for the purposes of inspection, observation, measurement, and sampling of the wastewater discharge to ensure that the discharge of wastewater to the District's wastewater facilities is in accordance with the provisions of this Ordinance.
District representatives, bearing proper credentials and identification, shall be permitted to enter all private property through which the District holds an easement for the purposes of inspection, observation, measurement, sampling, repair, and maintenance of any of the District's wastewater facilities lying within the easement.
All entry and any subsequent work within an easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
While performing the necessary work on private property, the District representatives will observe all reasonable safety rules applicable to the premises and the work being performed.
Where users served by the sanitary wastewater system do not provide wastewater monitoring facilities as required by this Ordinance, or where such facilities are not cost effective, the Administrator is authorized to obtain information from the owner which would provide a direct indication of the kind and source of wastewater discharge to the District's wastewater facilities.
Any requested information, which is claimed to be confidential by the owner, will be so honored by the Administrator and District representatives.
Section 211 - Authorization to Alter, Use, or Disturb the District Wastewater System
No person shall uncover, make any connections with or opening into, use, alter, or disturb any District sewer or appurtenances without first receiving the appropriate required permits and the approval from the District Administrator.
Section 212 - Damage to the District Wastewater System
Any person who causes damage to the District’s wastewater system shall be liable to the District for all costs incurred to correct the damage. Damage may be defined as, but is not limited to, the need for repairs and/or additions to, spillage of sewerage from, and illegal discharges to the District’s wastewater system. Failure to notify the District, or correct the damage, or reimburse the District for the costs incurred shall be considered in violation of this Ordinance.
Section 213 - Vandalism
Any person who tampers with or destroys any District property or structure, which is part of the District’s wastewater facilities, shall be criminally prosecuted.
Section 214 - Property Owner’s Responsibility
It is the sole responsibility of the property owner to: make all notifications to the District, including but not limited to, any changes in property use, ownership, occupation of the property, and property owner’s current mailing address; obtain applications and approvals from the District; make payment of fees, fines, reimbursable expenses, and damage claims to the District; assure proper use of the District’s wastewater system.
Section 215 - District Records
District records that are not confidential are available for public inspection upon request. Arrangements to view District documents may be made by contacting the District Office. Copies of District documents may be charged at .25 cents per page, plus any additional expenses and postage necessary for delivery of such documents.
Section 216 – Use of District Property
The use of District owned property shall be restricted to activities, which are compatible with District operations, and the community plan, and provide a net benefit to the District.
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