Proposed Sewage Disposal Ordinance
The Cherokee County Commission is reviewing and potentially voting on a sewage disposal ordinance today that would affect those who own property on and around Weiss Lake. Following is a summary of what the new ordinance proposes.
The purpose of the ordinance is to “protect the public’s health by protecting the water quality of Weiss Lake, the primary water source for citizen’s of Cherokee County and to minimize the adverse health effects of the improper illegal disposal of sewage.” In order to protect the public’s interest, the ordinance proposes to “adopt and implement rules and regulations regarding the abatement of improper or illegal disposal of sewage in the Alabama Power flood easements around Weiss Lake.”
The ordinance establishes that treating or disposing of sewage by a means that is not approved of [permitted by the Cherokee County Health Department is a “public nuisance.” The ordinance basically sets up an alliance between the County Commission and the County Health Department, where the Health department will designate one or more employees as “Enforcement Officers.” These enforcements officers will have the authority to patrol the Alabama Power flood easement in an effort to identify “noncompliant properties.” Citizens can also make reports regarding noncompliant properties to the enforcement officer(s).
The enforcement officer is allowed to enter onto any premises where sewage is generated or discharged as necessary to investigate potential violations of the ordinance or to issue notices and/or citations for any violations. If the officer determines that sewage if being treated or disposed in an unlawful manner, he or she is required to post notice of the alleged violation on the property and send notice via certified mail to the owner of the property.
The notice warns the owner that if the property is not brought into compliance or approved by the Health Department within 30 days, a citation will be issued. The notice also warns that the owner of the property “shall be subject to fines and to the administrative fees equal to any costs incurred by Cherokee County in the event the county takes action to abate the sewage nuisance.”
If the owner has not come into compliance within 30 days of the posting of the notice, the officer can issue a citation that will note the violation, the fine and costs, the time period and method of paying the fines and costs, and information regarding how the owner may appeal issuance of the citation to the Cherokee County Commission.
A fine of $150 for each day the violation continues will be assessed for anyone failing to comply with the citation; however the total fine cannot exceed $5,000.00. All fines and fees collected shall be applied to the administration o the ordinance. Additionally, the commission may assess administrative fees equal to the cost of abating the nuisance if the problem is not corrected by the owner.
If the owner comes into compliance within 30 days, he or she is not liable for any costs of fines; however, upon a second citation within 12 months, the owner shall not be granted the opportunity to avoid payment of the fines and administrative fees.