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Local Health Officer Training
Section 7 Part II : How Do I Enforce the Law?
Case Study #5 - The Malfunctioning Sewage System
Our case study is about a malfunctioning sewage system. In order to be efficient, investigate, and log all the facts. Do not repeat the investigation or steps someone has already completed.
Determine what has occurred and consult with town officials. Discuss your plan and how you will proceed with the town officials.
Example: The LHO discusses the situation with the Local Plumbing Inspector (LPI) for more information. Previous actions taken:
- The LPI had received a complaint 10 days before and visited the property to investigate.
- The LPI prepared an order he served to the owner in person (as provided for in the "malfunctioning sewage system" statute)
- This order was signed by the City Manager and contained the facts of the malfunctioning sewage system; the owner was given 10 days to remedy the malfunction.
- Immediately after the LPI inspection, the LPI prepared a sworn statement indicating he conducted the inspection and notified the owner of the repair deadline. The statement was witnessed and signed by the City Clerk.
Take the necessary action(s)
Since ten days have lapsed with no action taken by the owner to repair the system, the LHO and the LPI agree re-visit the property to speak with the homeowner.
- During their visit, the LHO and LPI see sewage seeping out from the top of the septic tank with the effluent running down the back slope behind the house.
- The LHO notes that there are three neighbor homes located within the radius of the influence of the malfunction – and that all three properties had drilled wells.
The owner is at home and the LHO introduces himself as well as the LPI. The options in the law are explained to the owner.
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The City can file a civil action in District Court, in which case the costs, including reasonable attorney fees would be borne by the owner, or - The City can assess a special tax (essentially a lien) against the land on which the subsurface disposal system is located for the expenses, and the amount would be placed in the next annual warrant for the city tax collector to collect with accrued interest.
- The owner says he is not paying anything and asks you both to leave his property.
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