08/02/04 Sewage Collection Line Text Amendmento,-d; ru,hC�e, Boo a
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RESOLUTION
BE IT RESOLVED that the "Ordinance to Require Connection to County Operated
Sewer Collection Line" is amended to read as follows, to wit:
ORDINANCE TO REQUIRE CONNECTION TO COUNTY OWNED OR OPERATED
SEWAGE COLLECTION LINE
BE IT ORDAINED as follows:
1. CONNECTIONS REOUIRED: The owners of all improved property in the
County of Harnett which is so located as to be served by the County of Harnett owned or
operated sewage collection line be and they are hereby required to connect their improved
premises to said sewage collection line.
2. DEFINITIONS:
A. Sewage collection line operated by the County: Any sewage collection
line operated by the County of Harnett Public Utilities Department pursuant to a contract entered
into by the County of Harnett as operator and any governmental or other entity THAT owns
sewage collection line as owner. Such governmental or other entity that owns sewage collection
lines shall specifically include any and all County water and sewer districts.
B. Property located so as to be served by sewage collection line:
(i) All property which abuts a right of way in which is installed and
constructed a County operated gravity sewer collection line and the improved property is located
not more than Three Hundred (300) feet from said gravity sewer collection line.
(ii) All property which abuts a right of way in which is installed and
constructed a force main designated by the Director of the Harnett County Department of Public
Utilities as being designed to serve a specific area as a collection line where due to topography or
other engineering factors, a gravity sewer line is not feasible or is not cost effective and the
improved property is located not more than Three Hundred (300) feet from said force main.
C. Improved property: Any property upon which is constructed or upon
which is located a dwelling house, mobile home, apartment house, any building or structure used
for human habitation, any commercial or industrial building or structure required by Federal,
State, or local law to contain rest room facilities or which does contain rest room facilities and
any other building, structure, or facility which discharges or has discharged by its operations
conducted therein, wastewater and/ or sewage as the same is defined in that ordinance entitled
"Ordinance Regulating Sanitary Sewer System Operated by the County of Harnett".
3. FAILURE TO CONNECT UNLAWFUL: It shall be unlawful for any owner of
improved property located so as to be served by said County owned or operated sewage
collection line who fails to so cause his property to be connected within Sixty (60) days after
being notified in writing by the Public Utilities Department of the County of Harnett to so
connect his property.
4. ENFORCEMENT OF ORDINANCE: NO PENALTY OR REMEDY IS
EXCLUSIVE: This ordinance may be enforced by any one or move of the following penalties
and remedies:
A. Criminal penalty: continuing violations: An owner of improved property
located so as to be served by said County owned or operated sewage collection line who fails to
so cause his property to be connected within Sixty (60) days after being notified in writing by the
Public Utilities Department of the County of Harnett to so connect, shall be guilty of a
misdemeanor as provided in North Carolina General Statutes § 14 -4 and shall be fined no more
than Fifty Dollars ($50.00). Each day that said owner fails to connect his property to said system
shall constitute a separate and distinct offense.
B. Civil Remedies: Upon the failure of any owner of improved property
located so as to be served by a County owned or operated sewage collection line within Sixty
(60) days after being served with Notice by the County of Harnett Public Utilities Department to
so connect, said owner shall be subject to civil remedies in the General Court of Justice for the
imposition of Civil fines, the ordering of appropriate equitable relief including injunction to
compel such owner to connect his improved property to said sewage collection line, or a
combination of such remedies.
This amended Ordinance is hereby duly adopted upon first and final reading this oZ.hd
day of A , 2004
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yJ.Byr , airman
V&nett CouiYy Board of Commissioners
ATTEST:
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Kay S. lanchard, Clerk