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are multiple owners identified as contributing to FOG causing such obstruction, the <br />Public Works Director will apportion the cost of the cleanup, maintenance or repair <br />costs on a prorated basis, based on each owner's percentage share of the average total <br />sanitary sewer charges for all such owners. Further, should inspection, testing or other <br />sampling activity by the City confirm that any property owner is contributing FOG <br />(including other harmful ingredients) and is causing the repair or excessive <br />maintenance activity to maintain the sanitary sewer system, the Public Works <br />Director may require retrofitting of the structure with grease interceptors or grease <br />traps, including testing facilities and access thereto sufficient to resolve the problem; <br />2. The costs for curing any private sewer lateral failures and sewer system overflows, <br />including cleaning and other maintenance, caused in whole or in part by FOG <br />introduced into the sanitary sewer system by any FSE or FM/P, alone or in <br />conjunction with any other party, are the responsibility of the owner of the FSE or <br />FM/P and the owner of any structure in which the FSE or FM/P contributing the FOG <br />to the sanitary sewer system is located. <br />M. Compliance. Compliance with the grease control program shall be evaluated based on the <br />following criteria: <br />1. All FSE and SM/P who are implementing and documenting BMPs and performing <br />and documenting grease retention unit cleaning at the required frequency will be <br />considered to be in full compliance with this policy. <br />2. When an obstruction and/or sanitary sewer overflow occur due to the presence of <br />FOG, the records of all FSE or FM/P that discharge to the affected sanitary sewer line <br />may be reviewed in order to determine the responsible party. Any FSE or FM/P found <br />to be in noncompliance with the required grease retention unit cleaning frequency <br />shall be deemed a "responsible party" for cost recovery. Payment of cost recovery <br />does not preclude further enforcement actions for noncompliance as per the FOG <br />enforcement response plan. <br />N. Penalties and assessments for FOG program noncompliance. In the event that the owner of <br />an FSE or FM/P or the owner of any structure in which an FSE or FM/P is located is found to <br />have failed to comply with the provisions of this division, the following penalties or <br />assessments or both maybe applied: <br />1. For introduction of FOG into any sanitary sewer system resulting in obstruction to <br />said system or in a sanitary sewer overflow: <br />a. The city may disconnect water and sewer service to the FSE or FM/P and to the <br />structure in which the FSE or FM/P is located; <br />b. City may impose a fine per the City's Fee Schedule until such owner <br />demonstrates that the subject FSE or FM/P or structure is in compliance with the <br />requirements of this section; <br />2. For failure to maintain records as required by the BMP program for any FSE or <br />FM/P, or failing or refusing to timely comply with any request for records required to <br />be provided to the Public Works Director, a fine per the City's Fee Schedule until <br />such records are provided; <br />3. For failure to pass the FOG inspection due to lack of or ineffective FOG equipment <br />the Public Works Director may: <br />a. Require the subject FSE or FM/P to install additional FOG equipment as <br />necessary to resolve the problem; <br />