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Ordinance 1975-07 r FHD:GKH/mdo ORDINANCE NO. : TO AMEND AN ORDINANCE TO REGULATE THE CONNECTIONS TO SANITARY SEWER MAINS IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS WHEREAS , the UNITED CITY OF THE VILLAGE OF YORKVILLE, by and through the City Council, has considered the effect of storm water surface drainage into and through its sanitary sewer system and the effects thereof upon the sanitary disposal plant; and WHEREAS , the UNITED CITY OF THE VILLAGE OF YORKVILLE, by and through the City Council, has considered the contribution of such storm water to the sanitary sewer system and disposal plant and considers it to be harmful to the public health of the residents of the UNITED CITY OF THE VILLAGE OF YORKVILLE. BE IT ORDAINED by the UNITED CITY OF THE VILLAGE OF YORKVILLE that Section 1 of An Ordinance to Regulate the Connections to Sanitary Sewer Mains in the UNITED CITY OF THE VILLAGE OF YORKVILLE be and the same is amended to read as follows : "Section 1. That the sanitary sewer system of the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS, herein- after referred to as "CITY" , is designated to carry off all liquid house wastes , and it shall be unlawful for any person, firm or corporation to hereafter connect, or cause to be connected, any storm water sewer with such sanitary sewer, or any part thereof, or to lead, conduct or carry, or cause, suffer or permit to be held, conducted or carried 7-`9?s" any such storm water or surface drainage into or through such sanitary sewer, or any sanitary sewage into or through any storm water sewer or into the Fox River, or any other stream within the corporate limits of the City, or to connect or cause to be connected, in whole or in part, any such sanitary sewer or storm water sewer. It is further declared the public policy of the UNITED CITY OF THE VILLAGE OF YORKVILLE that any such connections are harmful to the public health of the residents of the UNITED CITY OF THE VILLAGE OF YORKVILLE, and that all of such connections shall be disconnected by the property owners of any building, dwelling or any other place that is not, on the effective date of this Ordinance, complying with the terms and provisions of this Ordinance to Regulate the Connections to Sanitary Sewer Mains in the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS , and it shall be the affirmative duty of all such owners to disconnect such sewers within sixty (60) days from the effective date of this Ordinance, provided, however, that if any such owner shall produce satisfactory evidence to the City Council that he cannot comply with the terms of this Ordinance, then the City Council, in its discretion, may grant to such person or party such extension of time as the City Council shall deem necessary and proper . " BE IT FURTHER ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE that the Ordinance to Regulate the Connections to Sanitary Sewer Mains in the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS shall be -2- Y f � further amended by adding the following: "Section 10 . If the Superintendent of Streets and Alleys shall determine that any industry, garage, place of business , residence or other place, or the occupant and/or owner of any building, dwelling or other place is not complying with the terms and provisions of this Ordinance, then the Superintendent, or other authorized representative of the City, shall serve, or cause to be served, upon such person not complying with the terms of this Ordinance a notice in writing, stating and setting forth therein in what regard said person or parties are failing to comply with the terms and provisions of this Ordinance, and further notifying such person that within sixty (60) days from the receipt of such notice, he shall cease to discharge such storm or surface water, waste, industrial waste or other liquids and solids , as prohibited by this Ordinance as amended. " "Section 11 . The notice or notices herein provided for may be given either by registered mail or by personal service, and the affidavit of the Superintendent of Streets and Alleys , or his duly authorized agent or representative, as to the mailing or serving of such notice or the registered mail receipt of such person therefor shall be prima facie evidence for the receipt of such notice by such person or party. " "Section 12 . The terms and provisions of this Ordinance shall be binding upon any and all persons and parties , whether or not notice has been given by the Superintendent of Streets and Alleys or his representative to such persons or -3- 4 parties to comply with any or all terms or provisions hereof, and any and all persons or parties failing to comply with any of the terms hereof, and any and all persons or parties here- after failing to comply with any of the terms or provisions of this Ordinance, shall be subject to any and all suits, actions , prosecutions , liabilities , fines and penalties provided by law and, further, for such suits for the collection of the reasonable charges of the UNITED CITY OF THE VILLAGE OF YORKVILLE for bringing such persons or parties in compliance with the terms of this Ordinance, based upon the fair, reasonable and customary charges for materials and services rendered by the City for and on behalf of such persons or parties necessary to bring such persons or parties in compliance with this Ordinance, whether or not any such persons or parties have been given notice to comply with the terms and provisions hereof, as herein provided. " All other provisions of the Ordinance entitled An Ordinance to Regulate the Connections to Sanitary Sewer Mains in the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS not in conflict with the revisions of this amendment of said Ordinance are hereby expressly ratified, and all provisions inconsistent herewith are expressly repealed . This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this day of June, 1975 . City .,Clerk SIGNED and APPROVED this day of June, 19:75 . -4- Mayor