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<br />(3) Violations and corrections under the roadway. When the inspection discloses that there has been a <br />violation of any provision of this section and the violations are under the roadway, the property owner will <br />perform the repairs, except as stated in division (L)(4) below. However, a property owner shall not excavate in <br />the roadway without permission from the Public Works Director. <br /> <br />(4) Non-excavation violations and corrections. When the property owner is correcting violations of the <br />private sewer lateral between the street and the building using a cured in place pipe ("pipe liner") or similar <br />approved repair methods, and the corrections only involve the lining of the private sewer lateral, the contractor <br />shall terminate the pipe liner as close to the connection with the city's public sanitary sewer main as possible. <br />If the pipe liner extends into the public main, the contractor shall trim off the excess portion and report its <br />approximate location to the Public Works Department as soon as possible. <br /> <br />(5) The city reserves the right to periodically reinspect any property or structure to confirm continued <br />compliance with this section. Any property found not to be in compliance upon reinspection or any person <br />refusing to allow their property to be reinspected shall, following notification from the city, comply within 14 <br />calendar days or be subject to the surcharge hereinafter provided for. <br /> <br />(M) Penalty. <br /> <br />(1) A monthly penalty of $100 for owner-occupied, single-family properties; and a monthly penalty of <br />$300 for residential rental, commercial, industrial and HOA properties shall be sent an invoice if: <br /> <br />(a) An owner fails to complete an inspection pursuant to divisions (H), (J) and (K); <br />(b) An owner whose property was found in violation of this section did not make the necessary <br />repairs and furnish proof of those changes to the city within the time frames required by this section; <br />(c) An owner fails to allow an inspection or reinspection to verify compliance; or <br />(d) The property owner or occupant reconnects a clear water discharge line to the municipal <br />sanitary sewer system after it has been previously disconnected at the city's or a court's direction. The property <br />owner will be subject to the penalty for all months between the last inspection. <br /> <br />(2) The surcharge shall be added every month until the property is determined by the city to be in <br />compliance with this section. The city shall not issue building, plumbing, electrical, or mechanical permits for <br />any property that is not in compliance with this section until the property is det ermined by the city to be in <br />compliance with this section. <br /> <br />(N) Temporary waiver. The City Council, upon recommendation of the Public Works Director or his or her <br />designee, shall hear and decide requests for temporary waivers from the provisions of this section where strict <br />enforcement would cause a threat to public safety because of circumstances unique to the individual property <br />under consideration. Any request for a temporary waiver shall be submitted to the Public Works Director in <br />writing. Upon approval of a temporary waiver from the provisions of this section, the property owner shall <br />agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the <br />sanitary sewer system as estimated by the Public Works Dir ector or his or her designee. <br /> <br />(O) Public Works Director. The Public Works Director may set conditions to any temporary waiver issued. <br />The Public Works Director may terminate the waiver upon a failure to comply with any conditions imposed in <br />the temporary waiver or may take appropriate legal action to enforce those conditions. The Public Works <br />Director must give a five-day written notice of the termination to the property owner and occupant setting <br />forth the reasons for the termination. After expiration or termination of a temporary waiver, the property <br />owner must comply with the provisions of this section. <br /> <br />(P) If a property owner demonstrates a financial hardship to pay for the disconnection cost of a noncompliant <br />system, they may petition the City Council to assess the disconnection cost on the property. Under this <br />petition, the property owner must waive their right to a public hearing and waive their right to appeal the