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Wyandotte County - Unified Government |
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Code of Ordinances |
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Chapter 30. SEWERS AND SEWAGE DISPOSAL |
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Article VII. PRIVATE ON-SITE WASTEWATER SYSTEMS |
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Division 1. GENERALLY |
§ 30-228. Administrative and general.
(a)
Permit and license.
(1)
Applications for permits and licenses. All persons required by this Code to obtain a permit or license shall make application for such permit or license to the health department on standard forms provided for that purpose.
(2)
Issuance of permit or license. After receipt of an application for a permit or license required by this Code, the health officer shall begin such investigations and inspections as he/she shall deem necessary to determine whether the permit or license should be issued or denied and shall issue or deny the permit or license within a reasonable period, depending upon information and data requested. If the permit or license is denied, the health officer shall send the applicant a written notice with the reasons for denial stated thereon.
(3)
Permit non-transferable. No permit or license required by this sanitary code shall be transferable, nor shall any fees required and paid therefore be refunded.
(4)
Errors and omissions.
a.
The issuance of a permit shall not prevent the health department from thereafter requiring the correction of errors in plans and specifications or from preventing construction activity being carried on there under when such activity would be in violation of this Code or of any other code or resolution or from revoking any permit or license when issued in error.
b.
The health department may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or based on incorrect information provided by the applicant.
(5)
Standard fees. For the purpose of defraying all or part of the costs of administration of this Code, the county administrator shall establish a schedule of fees for all permits and licenses required by the code, payable upon submission of the application for such permit or license.
(b)
Notices, orders.
(1)
Notice of violations. Whenever the health officer determines that there has been, or is likely to be, a violation of any provisions of this Code, he/she shall give notice of such alleged violation. The notice:
a.
Shall be in writing;
b.
Shall identify the code violation and the factual basis therefore;
c.
Shall specify necessary corrective action;
d.
Shall specify a reasonable period for performance of any corrective action and/or work required by the notice; and
e.
Shall be properly served upon the owner or occupant of the premises; provided, that such notice shall be deemed properly served upon such owner or occupant when a copy thereof has been sent by registered or certified mail to the last known address of the owner or occupant as identified on the latest county tax rolls. If properly addressed and mailed, the failure of an owner or occupant to actually receive or sign for receipt of such notice shall not affect the validity of service of such notice.
The failure of the health officer to serve such a notice upon the owner or occupant shall not be a defense to any criminal prosecution for violation of any provision of this Code.
(2)
Emergency orders. Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and require that such action be taken as he/she may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this Code, such order shall be effective immediately and shall be enforceable in Wyandotte County District Court.
(c)
Records. Permit applications. Applications for permits or licenses required by this Code shall be filed with the health department.
(d)
Disclaimer of liability. This Code shall not be construed or interpreted as imposing upon the County or any city adopting this Code its officials or employees (1) any liability or responsibility for damages to any property; or (2) any warranty that any system, installation or portion thereof that is constructed or repaired under permits and inspections required by this Code will function properly. In addition any employee charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby be personally liable and is hereby relieved from personal liability for damage that may occur to any person or property as a result of any act required by this Code in the discharge of his or her duties.
(e)
Separability . No decision of a court of competent jurisdiction declaring any section, subsection, paragraph, sentence, clause or phrase of this Code invalid, shall affect the remaining portion of this Code, which shall remain in full force and effect; and to this end the provisions of this Code are hereby declared to be severable and shall be presumed to have been adopted knowing that the part of section declared invalid would be so declared.
(Ord. No. O-51-18 , § 2, 12-6-2018)