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Section 10.5. Right of Entry. The Property Owner of the real property where an ISTS is located shall allow the Septage Inspector or <br />Administrator to enter upon the real property to inspect the location and/or ISTS and to undertake such tests and measurements as may <br />be necessary to fulfill the obligations and requirements contained herein, provided that notice of such inspection and time thereof has <br />been communicated by the Septage Inspector or Administrator and received at least forty-eight (48) hours in advance. Unless otherwise <br />expressly authorized by the Property Owner, inspections and other entries onto private property shall occur between eight o'clock a.m. <br />and six o'clock p.m. only. <br />SECTION 11. Violation, Enforcement And Penalties. Section 11.1. Violations. Any Person who commits any of the following acts or violates <br />any of the provisions of this Ordinance which prescribe that certain action is unlawful shall be guilty of a misdemeanor, and upon conviction <br />thereof shall be fined in an amount not to exceed One -Hundred ($100.00) Dollars for each violation. Each day that unlawful activity continues <br />shall constitute a separate violation: <br />Section 11.1.1. Disposes of sewage or installs or renovates an ISTS without first having received a permit as provided herein. Section 11.1.2. <br />Installs or renovates an ISTS or discharges sewage in a manner which involves the knowing and material variation from the terms and specifications <br />contained in the Application or permit. Section 11.1.3. Violates the terms of an order issued pursuant to the provisions contained herein. Section <br />11.1.4. Willfully fails to conduct the testing or cleaning obligations established pursuant thereto or unlawfully refuses a right of entry to the Septage <br />Inspector or Administrator when requisite notice has been provided. Section 11.1.5. Willfully violates any of the provisions of this ordinance. <br />Section 11.2. Revocation Of Permit. The Administrator may by written order suspend or revoke any disposal or system permit when <br />the Administrator has information indicating that the permit has been issued in error or on the basis of incorrect or inadequate <br />information or that work is not being performed in compliance with this Ordinance or the provisions of any permit issued pursuant <br />hereto. Section 11.3. Cease and Desist Order. The Administrator may issue an order to the Property Owner or occupant of any real <br />property utilizing an ISTS to cease and desist the use of any system which is operating in a manner creating substantial hazard to the <br />public health, safety, or welfare or which has not been renovated in accordance with the provisions of any order issued pursuant to <br />Section 8.3. herein. A noticed public hearing shall be held within thirty (30) days following the issuance of such an order to determine <br />whether the order should be continued in force and effect. Section 11.4. Assessment Against Property. In accordance with State of <br />Minnesota statutes, the City of Gem Lake Council may cause to be assessed against the real property on which an ISTS is located the <br />cost of proper closure, restoration, and cleanup of pollution occurring as a result of a system failure. Upon certification by the <br />Administrator of the cost incurred plus administrative fees identified herein, the cleanup assessment shall be levied against the Property <br />Owner of the real property upon which the system is located. <br />SECTION 12. General Provisions. Section 12.1. ISTS Owner Responsibility And Liability. This Ordinance shall not relieve or lessen <br />the responsibility or liability of any Person owning, operating, controlling or installing any ISTS or disposing of septage for damage to <br />Persons or real property or any other injury occasioned thereby. The City of Gem Lake assumes no responsibility for the proper, safe, and <br />efficient functioning and performance of any ISTS installed, altered, renovated, or maintained pursuant to the requirements contained herein. <br />Section 12.2. Separability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are <br />severable. If any provision or the application thereof to any Person or circumstances is held to be illegal or invalid, such invalidity or <br />illegality shall not affect other provisions of this Ordinance or the application of said provisions to any other real property, building, or <br />structure not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are <br />declared to be severable. Section 12.3. Repeal. All other ordinances or parts of ordinances of the City of Gem Lake, inconsistent or <br />conflicting with this ordinance, to the extent of the inconsistency only, and including Ordinance Nos. 46 and 61 are hereby repealed. Section <br />12.4. Abrogation and Greater Restriction. It is not intended by this Ordinance to appeal, abrogate, annul, impair or interfere with any <br />existing easements, covenants, deeds, restrictions, agreements, ordinances, rules, regulations, permits previously adopted or issued pursuant <br />to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. Section 12.5 "Conflict. <br />In the event any standards set forth in this Ordinance is in conflict with any requirements under other state laws or rules then in <br />that event, the state law or rule shall prevail to the extent of the conflict. This shall not apply to new or replacement systems with <br />a flow of 2,500 gallons per day or less, provided that the local standards are no less stringent than the provisions of <br />Minnesota Rule Chapter 7080. " <br />J <br />