§ 40-817. Holding tanks for existing buildings only where necessary to prevent health and safety problems.

Installation of holding tanks to serve any building in existence on September 24, 1980, may be permitted only in accordance with the following procedure and conditions:

(1)

Permit required. A person desiring to install a holding tank system to serve a building which existed on September 24, 1980, shall file with the city clerk an application for a holding tank permit along with a nonrefundable application in accordance with the city's fee schedule. The application shall be in writing, signed by the applicant, and shall contain the name and address of the applicant, the name and address of the owner of the property, the location of the proposed holding tank and buildings to be served thereby and a complete explanation as to why the installation of a holding tank is necessary to prevent health and safety problems.

(2)

Review of application. The city clerk shall forward the application to the board for consideration and report to the city council. Upon receiving the report of the board, the common council shall approve, conditionally approve or reject the application. One copy of the application shall be returned to the applicant with written notification endorsed thereon of the council's action and the date thereof. If approved conditionally or rejected, the conditions of approval or reasons for rejection shall be attached thereto.

(3)

Proof of council approval; pumping/maintenance agreement and escrow fund required before permit issuance. No holding tank permit shall be issued until the applicant files with the city clerk the following items:

a.

Proof of common council approval; and if, conditionally approved, proof that the conditions have been satisfied;

b.

A properly executed holding tank pumping/maintenance agreement satisfactory to the city attorney which shall be binding on the applicant and the owner of the premises and on their successors, heirs and assigns.

(Comp. Ords. 2009, § 9.13(4)(B))