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