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Council debates draft sewer-connection ordinance and enforcement penalties
Summary
Councilors reviewed draft ordinance 20-26-08 that would require property owners to connect to town sewer where available and set an enforcement structure of warnings and fines; members debated retroactivity, practical enforcement, and exceptions for existing improvements.
The council reviewed ordinance 20-26-08, a draft that would require connections to the town sewer system, declare town-owned sewer equipment protected from obstruction or damage, and establish an enforcement regime including written warnings and possible fines. A council member summarized: "it sets up enforcement structure in section 11, you know, written warning with 5 days to comply," and noted the ordinance contains a fine structure described in the draft.
Discussion focused on whether the ordinance could be enforced retroactively against existing driveways, vegetation, or other encroachments. A member cautioned that retroactive enforcement is legally difficult: "you can't make laws retroactive," and the council discussed differentiating between existing improvements and new, significant alterations (for example, replacement of a driveway). Members also asked whether an interlocal agreement with the county would affect enforcement and whether the town needed to clarify exceptions and administrative discretion in the ordinance.
Council did not adopt the ordinance that night; members asked staff to clarify language in sections concerning existing improvements, fines, and the interplay with an interlocal zoning agreement before a future vote.
