The text
(a)
In the case of a violation, if the OWTS owner fails to have his/her system inspected within the stipulated time period or fails to accomplish the repairs to or replacement of the OWTS within the compliance schedule established the WWMD manager or his/her designee will take appropriate enforcement action, including the proceedings for injunctive relief, as prescribed in section 21-363 of this article. Further, the building official shall take the enforcement action provided for in the Rhode Island State Building Code.
(b)
If a system has not failed but requires pumping, the owner shall be required to show proof that the OWTS has been pumped within thirty (30) days of inspection. A receipt from the pumper shall constitute adequate proof. In cases of failure, the aforementioned notification process to the WWMD manager neither replaces nor precludes the obligation of the owner to notify the Rhode Island Department of Environmental Management, the Rhode Island Department of Health or the Coastal Resources Management Council.
(c)
If an owner who fails to comply with a NOV by the date specified on the notice, the WWMD manager or his/her designee is hereby authorized to enter private property to correct the violation at the owner's expense.
(d)
Any person or owner who fails to comply with a violation notice shall be subject to a fine not to exceed five hundred dollars ($500.00) per violation. Each day of a continuing violation shall constitute a separate violation. All fines or penalties shall be payable to the town for the administration and implementation of the WWMD. Notices of violation shall be recorded in the land evidence records for the property where the violation is identified. The notice of violations shall remain recorded until such time as the violation has been abated. Upon notification that the violation has been abated, a notice of violation release will be filed with the town clerk and the NOV will be removed from the land evidence records.
(e)
Any owner of an OWTS who is cited for a violation of this article shall have the right to [an] appeal before a quorum of the town council. A request for such an appeal must be made within thirty (30) days of receipt of the NOV, and shall be filed with the WWMD manager and the town clerk, which will then be forwarded to the town council.
(f)
The decision of the town council shall be stated on the record at the conclusion of the hearing or shall be rendered no more than forty-five (45) days after the hearing is closed. Said decision shall contain findings of fact and conclusions of law. Under no circumstances, however, shall an OWTS that presents an imminent endangerment to the environment, and/or the public's health be allowed to continue to do so during the appeal process.
(Ord. of 3-8-2011, § 12)