13.05.040 Notice and penalty.
A. The definition of “fail” as set forth in Rule 410 IAC 6-8.3-33 of the Indiana State Board of Health is adopted and incorporated for use in this chapter. Should a residential private sewage disposal system fail, the failure shall be corrected by the owner within the time limit set by the Health Officer.
B. If any component of a residential private sewage disposal system is found to be:
1. Defective,
2. Malfunctioning, or
3. In need of service,
the Health Officer may require the repair, replacement or service of that component. The repair, replacement, or service shall be conducted within the time limit set by the Health Officer.
C. Any person found to be violating Rule 410 IAC 6-8.3 et seq. or any provision of this chapter may be served by the Health Officer with (1) a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof; (2) a citation giving notice of an impending enforcement action; or (3) both an order and citation.
D. After receiving an order in writing from the County Board of Health or the Health Officer, the owner of the property shall comply with the provisions of Rule 410 IAC 6-8.3 et seq. and any provision of this chapter as set forth in the order and within the time limit specified therein. The order shall be served on the owner or the agent of the owner, but may be served on any person who, by contract with the owner, has assumed the duty of complying with the provisions of an order.
E. The Health Officer may deny an application for a construction or operating permit, or may revoke a permit previously issued, for reasons including, but not limited to, any of the following:
1. An on-site sewage system, private sewage system, or privy design does not meet the minimum requirements of 410 IAC 6-8.3 et seq. or this chapter, or both.
2. Failure to comply with any provisions of 410 IAC 6-8.3 et seq. or this chapter, or both.
3. Failure to comply with limitations, terms, or conditions of a permit that has been issued.
4. Failure to disclose all the facts relevant to the construction and use of an on-site sewage system, private sewage disposal system, or privy.
5. Misrepresentation.
6. Any change relating to the design, construction, or use of the on-site sewage system, private sewage disposal system, or privy which has not been approved, in writing, by the Health Officer.
F. The written denial or revocation shall state the following:
1. The basis for the denial or revocation.
2. The method or methods available for compliance, if applicable.
3. The time frame for compliance, if applicable.
4. That the owner has the right to appeal the denial or revocation.
5. The procedure for registering any such appeal as set forth in JCC 13.05.050.
G. The Health Officer may compel the immediate suspension of any work, completed or in the planning process, that is in violation of any provisions of 410 IAC 6-8.3 et seq. or this chapter. Such suspension order shall be posted at the construction site and confirmed by written notice to the owner or occupant of the premises and any person engaged in the performance of the work or any person causing the work to be done. Failure to comply with such suspension order shall constitute a violation of this chapter and the violator shall be subject to the penalties prescribed in subsections (H) and (I) of this section.
H. Any person, firm, or corporation who shall violate any of the provisions of this chapter shall be liable for an ordinance violation upon the entry of judgment, and the violator shall be punished by a fine in the amount of $300.00 and $50.00 each day thereafter until the Health Officer has confirmed that the violation has been corrected. The $300.00 fine shall be effective on the earliest date the defect was proved to have occurred. Per-day penalties shall be assessed on the basis that the violations have remained uncorrected over the period of time between inspections by the Health Officer.
I. Any person violating any of the provisions of this chapter shall be and become liable to Jasper County for any expense, loss or damage occasioned by reason of such violation, including legal fees, court costs, and administrative costs in the enforcement of this chapter.
J. The Jasper County Board of Health shall also be entitled to seek any other legal remedy or redress against any person, firm, or corporation who shall violate the provisions of this chapter. [Ord. 08-14-23 § 2; Ord. 12-7-20C § 2; Ord. 9-5-17A § 5; Ord. 8-5-91B § 3; Ord. 2-4-91B § 2; Code 1988 § 70.99.]