06-08-2020 Council Packet - Laserfiche WebLink

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4 (1) Discharge of clear water in compliance with this shall be completed within 90 days of the date of notice of noncompliance, or as determined by the public works director. (2) If an inspection discloses that use of a property is not in accordance with City sanitary sewer service regulations, a correction notice may be issued by the City permitting the transfer of property, providing; (i) An agreement by the owner or owner's representative has been executed with the City, whereby the owner or owner's representative agrees to complete corrections to the property necessary to bring it within compliance of the City sanitary sewer service regulations within 180 days of the transfer of property. (ii) The seller shall provide proof to the city that funds were placed in an escrow account at closing to cover the required repairs. The security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law or a federal or state chartered financial institution. The amount escrowed shall be equal to 110 percent of a written estimate to install or line the service line by a licensed and certified installer. After a complying service line has been installed or lined and a certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the certificate of compliance. (iii) The owner (or transferor) and any real estate agents involved in the transaction are responsible for disclosing the correction notice to the transferee and all other persons or entities involved in the transaction. The responsibility for repairing any nonconformance with the sanitary sewer service regulations runs with the land and not only rests with the owner or transferor but is also an obligation of the transferee of the property. If repairs are not completed within one year of the first inspection, the inspection becomes invalid and the process starts again, which includes paying the applicable inspection fee. (e) Penalties. A monthly surcharge in an amount duly adopted by the City Council and set forth in the City’s fee schedule shall be assessed against any property found to be in violation of this section. A surcharge will be assessed for every month during which the property is not in compliance. This charge shall cease when the property has been inspected and acceptable certification of compliance is submitted to the City. SECTION 4. Orono Municipal Code Chapter 14 is hereby amended by adding Section 14- 191 as follows: Sec. 14-191. - Appeals. Application for appeal of any administrative determination made pursuant to this division shall be addressed to the city administrator within 30 days of the determination. Applications shall at a minimum identify the property for the appeal sought, the name of the property owner, and describe in detail the determination which is being appealed. Within 60 days of receipt of the application, the City Council shall make its decision on the matter and send a written copy of such decision to the property owner by mail.