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Sunman council debates ordinance that would require sewer hookups, fines and annexation steps
Summary
Council members debated Ordinance 2026-08 to require property owners to connect to sewer where available, including written-warning and escalating fines; members raised concerns about retroactivity, grandfathering of existing driveways/vegetation, enforcement and annexation timing; no final ordinance vote was recorded.
Council members spent substantial time discussing a proposed utility-connection ordinance that would require property owners to connect to town sewer where service is available and would establish enforcement steps including written warning and fines.
The draft ordinance, described in meeting materials as Ordinance 2026-08, declares town-owned utility equipment must not be damaged or blocked and sets an enforcement structure with an initial written warning and potential fines of $500, $750 and up to $1,000 with repeated daily penalties for ongoing violations. Council members questioned whether the ordinance would be retroactive and how it would treat existing driveways, landscaping or vegetation that predates the rule.
Speakers noted legal limits on retroactive laws and said enforcement would be difficult if the town attempted to make prior lawful activity suddenly illegal. Council members discussed grandfathering approaches: existing driveways would likely be protected, while ongoing encroaching vegetation could be treated differently because roots continue to grow. Members also discussed the role of the health department in septic permitting when sewer is available and the effect of annexation on which properties must connect.
Council reviewed case-specific matters for properties at 103 West Washington Street and 313 Western Avenue; the council chose to table some items pending property-ownership outcomes following an auction. The broader annexation conversation focused on whether the town should pursue phased annexation for areas already receiving utilities. Staff recommended several working meetings to map feasible annexation phases and to restart the formal public-notice process required for annexation.
The meeting record contains motions and seconds for items and several procedural approvals, but no recorded formal roll-call vote or final ordinance adoption on the utility-connection ordinance during the session.
