Section 11-3-5.5 Initial Service for Existing Developed Properties
A. User Fee. Commencing June 13, 2003, the monthly user fee for sanitary sewer service shall be imposed on all serviceable developed properties and shall commence on the date that the sewer connection is completed by the property owner or no later than one (1) year after public sewer service is available, whichever comes first.
B. Connection Requirements. It shall be mandatory that when a public sewer becomes available within three hundred (300) feet of any property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of this chapter. Connection will be mandatory when any one (1) or more of the following conditions apply after the date specified for that condition:
1. If the property’s current private sewage facility or system fails in any manner. (Effective June 13, 2000)
2. If a building permit is applied for in which the value of the construction activity exceeds five thousand dollars ($5,000), or as a condition of a permit allowing replacement of a mobile home. (Effective date of June 13, 2003)
3. If improvements made to the property require the private sewage system to be expanded in any way. (Effective June 13, 2003)
4. If the property is sold. (Effective June 13, 2003)
5. It shall be mandatory for all properties that are served by the public sewer system to hook up to the system within three (3) years after sewer service is available to the subject property. (Effective June 13, 2003)
Septic tanks, cesspools and similar private sewage facilities shall be abandoned and filled with suitable material in accordance with the rules and regulations of the Yavapai County Board of Health, the Arizona Department of Health Services, and/or the Arizona Department of Environmental Quality.
C. Hardship. If a property owner believes that the requirement for connection under any of the above conditions creates an undue hardship, he/she may appeal to the Town Council. Upon a finding by the Town Council that undue hardship does exist, the Council may waive or modify the applicable condition. A determination of the existence of a hardship, or nonenforcement or deferred enforcement by the Town of the requirements to connect to the public sanitary system, shall not constitute a waiver to the imposition of the user charges or the wastewater development fee if applicable. [Prior code § 11-3-5.5.]