§ 26-54. Nuisance declared; notice of violation; abatement of nuisance.

(a)

Nuisance declared. The existence of a private infiltration or inflow source is hereby declared to be a nuisance adversely affecting the health and welfare of citizens and the wastewater treatment facility.

(b)

Notice of disconnect order. If the inspection discloses that a private infiltration or inflow source exists, the director of public works or his designee, "director," shall notify the owner(s), lessee and occupant(s) (the person responsible for compliance, hereinafter sometimes referred to as "owner") in possession of the property that a nuisance exists by reason of the inability of the waste treatment facilities to properly treat sewage and ordering that the private infiltration or inflow connection which is discharging prohibited liquid from real estate or structure(s) must be disconnected. Such notification shall be made by any one of the following methods:

(1)

Delivery of the notice to the owner(s) and the person occupying or having possession of the property if different than the owner; or

(2)

Depositing in the United States mail, postage prepaid, the notice addressed to the owner(s) and the person occupying or having possession or the right to possession of the property if different than the owner; or

(3)

If such property is not occupied, the "director" shall notify the owner(s) by posting a notice of his order to abate or remove such nuisance within a time to be specified in such notice upon such property and shall send a copy of such notice by registered return receipt mail to the last known address of the owners; or

(4)

If such property is not occupied and the owner(s) is unknown or cannot be located, then the code enforcement official shall post a notice containing an order to abate the nuisance on the property where such nuisance exists; or

(5)

By delivery of a notice or by depositing in the United States registered return receipt mail, postage prepaid, a notice to the person causing, maintaining or permitting the nuisance.

(6)

Compliance work must commence within sixty (60) days of issuance and must be complete no later than ninety (90) days after the date of issuance.

(7)

If the owner(s) disagrees with the order, the owner(s) shall, within thirty (30) days of service request a hearing before the code board of appeals of the City of Lebanon, Missouri, by filing an appeal in writing, which request shall be delivered to the building and zoning administrator.

(8)

Thereafter, the building and zoning administrator shall deliver the request to the chairman of the code of the board of appeals who shall schedule a hearing to be held within thirty (30) days of the receipt of the request and shall notify the owner at the owner(s)' address (which must be set forth in the request) of the date, time and location of the hearing.

(9)

The filing of the request shall act as a stay of the order.

(10)

The board, after hearing the evidence, may affirm, set aside or modify the order but does not have the authority to do so if the board finds that no private infiltration or inflow exists, in which case the order shall be dismissed.

(11)

In the event the board determines that infiltration and/or inflow does exist, the owner(s) shall have the right to appeal the decision to the Laclede County Circuit Court within ten (10) days and thereafter the State Administrative rules of procedure, Chapter 536, R.S.Mo., shall apply.

(12)

In the event the board's decision is not appealed or the appeal is upheld by the court, the "owner(s)" shall:

a.

Comply with the order by either performing the work or having the work done by a registered plumbing or sewer contractor.

b.

All work shall be done in a workmanlike manner and shall be performed in compliance with adopted codes and regulations and city standards.

c.

After completion of the work, the City of Lebanon shall reinspect the premises to verify compliance with the disconnect order and also confirm that there are no other private infiltration or inflow sources on the property.

(Ord. No. 4181, § 4, 3-31-03)