The URL can be used to link to this page

Home My Public Portal About039-1985-PROHIBITING THE MAINTENANCE OF OPEN CISTERNS WELLS OR SEPTIC TANKS WITHN THE CITYAMENDED ORDINANCE NO. 39-1985 AN ORDINANCE PROHIBITING THE MAINTENANCE OF OPEN CISTERNS, WELLS OR SEPTIC TANKS WITHIN THE CITY OF RICHMOND, PRESCRIBING A PENALTY FOR VIOLATION; AND AUTHORIZING THE CITY TO ORDER CORRECTIVE ACTION. WHEREAS, the existence of open and uncovered cisterns, wells and septic tanks within the City constitutes a hazard to the public safety and health of its citizens; NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: Section 130.08 be added to the Richmond, Indiana Code of Ordinances to read as follows: Section 130.08 OPEN CISTERNS, WELLS AND SEPTIC TANKS (A) All cisterns, wells, septic tanks, pits or other storage areas for the disposal or storage of liquids, sewage or other waste, unless otherwise authorized by law, must he completely and securely covered and sealed in such a manner as to prevent access by children, animals, and debris and to prevent escape to the ground surface of any liquid, sewage or other waste contained therein. (B) Failure to conform to this section of the Code shall result in the imposition of a Five Hundred Dollar ($500.00) fine to the property owner upon whose property such a non —conforming cistern, well, septic tank or pit exists. In addition to such fine, the Board of Public Works and Safety, upon proper petition by its authorized officials, and after notice to the property owner and hearing before the Board, may order such corrective action be performed as is necessary to bring such a cistern, well, septic tank or pit into compliance with Section 130.08(A) above. The cost incurred as a result of such action shall be assessed as a lien upon the property owner's land within the city. (C) This Ordinance shall take effect sixty (60) days after the date of passage by the Common Council. PASSED ANDOPTED by the Common Council of the City of Richmond, Indiana, this �� t day of %)7 ate , 1985. President of Common Council ATTEST: City Cle c PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of '/2'?a& , 1985.. i3 City Cleft APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this 2 ,?wiz,e day of ,1985. ayor ATTEST:q��_ a��jd�CJ Ci ty Ci rk RESOLUTION AND ORDINANCE REVIEW FORM This form must be completed and initialed by appropriate persons for resolution or ordinance prier to introduction at the Common Council. original or an accurate copy must be attached to this review form. ORDINANCE N0.39-198 5 RESC?LUTION NO. -198 Brief summary of Contents: Adding Section 130.08 to City Code prohibiting open cisterns, wells or septic tanks, providing penalties and corrective action. Resolution or Ordinance requested by Date requested Target Agenda date May 6 1955 Initial Language Drafted by Kenneth Barden, City Attorney Date drafted April 25, 1985 Reviewed by Mayor's Uffice NM�T �tf Final Version Reviewed by City Attorneys Office (City pitoxney's review is not necessary for nztielS et routine iransfer or appropriatian ordinances) OR Reviewed by City Ccntroller's Office (city Controller's review is necessary Initials Date on all apno*atian and transfer ordinances, and only tesdldtrorS ar ordinances involving natters cont"ing the City NTmanex's office} Review h��Jhz Dept.(NeviewHost ny departnerrt Initials Date or agency affeeted by or involved in the proposed ordinance or resolation) Ordinance or Resolution received 5/2/85 BY City Clerk's Uffice ni1i13ls Cate Ordinance or Resolution placed 5/6/85 an Council agenda on: Date Council Sponsor: INlorris Name _ T NOTE: The purpose of Departmental Review is to acquaint the respective departments with the contents of the proposed ordirtance or resolution and to allow adequate time for responses, comments, or suggestions. Review by a department or agency does not necessarily imply epproval,support,nr recommendation of the ordinance or resolution by that department, person, or agency. CITY OF RICHMOND OF S'0 50 NORTH FIFTH STREET RICHMOND, INDIANA 47374 TELEPHONE (317) 966-5561 l�bIPNP May 14, 1985 Members of Common Council RE: SU66ESTED AMENDMENT TO ORDINANCE NO. 39-1985 CONCERNING OPEN WELLS AND CISTERNS Dear Council Members, FRAMK H. WALTE.RMANN Maros KENNETH E, 5ARRcN C— A--, So as to allow a grace period for property owners to fill and seal cisterns, open wells, pits, etc. before legal action will be initiated, I would suggest the following amendment to Ordinance No. 39-1985: (c) This ordinance shall take effect sixty (60) days after the date of passage by the Common Council. I think this would alleviate the concerns of some property owners that they would be subject to immediate penalties without an opportunity to correct such situations on their own. Sincerely, z r-e� 5 - T'- Kenneth E. Barden City Attorney KEBIbd cc: Plan Dept,; File NCITICC OF HEAFJNG ON ORDINANCE: NO. 39-1985 Notice is hereby given that the Comon Council of the City of Richrlond, Wayne County, Indiana, will hold a public hearing on the lath day of May, 1985 at 7:30 P.M. in the Council Chambers in the Rinhmnd Municipal Building on Ordinance No. 39-1965 - AN ORDINANCE PROHIBITING IRIE MPJWENANCG OF OPENI CTSTFJ2NS, WFEJS OR SEPTIC TANKS =THN THE CITY OF RICHMOND, PRESCRIBING A PENAL7Y FOR VIOLATION: AND AUTHORIZING THE CITY TO ORDER CORK-7CTIVE'.' ACPION. All parties interested in or effected by this Ordinance are invit-ed to attend the public hearing tc speak in favor of or in opposition to said arai ante. Publish: May 9, 1.985 Mary Merchanthvuse City Clerk PeceiveO by h--, SUL 4 Date Received �� xnv.- 050985-5 q&tv C1q?rk- ity as i 1.cY1T ond................... To ................ P lladiumP}zbli�hin8 Pt1?P.1gtS94.......... 17r. ............ {Governmental Unit) 1175 North A Street ...... ................................................ - County, Indiana ........ Richmond ,Indiana 47374 PUBLISHER'S CLAIM LIME COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set} number of equivalent lines ................••" Head —number of lines ......••• I ........... Body — number of lines .......1 ................. Tail — number of lines 2 ........................ Total number of lines in notice -1.111.4... — ... ..1 COMPUTATION OF CHARGES .24......... lines, .....aria..,,,, columns wide equals ............ equivalent lines at ..A? :1: � .......... cents per line $ + Additional charge for notices containing rule or tabular work """""""""""" (50 per cent of above amount) Charge for extra proofs of publication (50 cents for each proof in excess of two)�R C3 TOTAL AMOUNT OF CLAIM $........................ DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions ...-.1. Size of type 6 point Size of quad upon which type is cast ..... Pursuant to the procisions and penalties of Ch.155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is legally due, t allowing all just credits d at no part of the same has been paid. lute :............. t ;t � s. 19 ....�5 Title .............. Cd8$9.Bx .................. PUBLISHER'S AFFIDAVIT State of Indiana } Wayne .. — County) ss Personally appeared before me, a notary public in and far said county and state, �, i�QA ;N rl� y says Cas 2i ;� the undersigned .........�..................... tivho, being duly sworn, sa that he is ................ of the PalladiumItema daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper i7P for ........ ..trme...... the dates of publication being as follows: ..... I ................................. May 91r 190)5 ay 05 Subscribed warn to before me t 's ......:.,....`. 1 A" - day of ....... '................ 19 ..... r- r c .:.. ... t . ..... ...........I ................... V1, gJD1 ? C. Gt1� �i':2 1ZY Notary Public Janu ary 24r 1987 Mycommission exlres....--...................................