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M <br />N <br />because of such blockage, such owner shall be required to reimburse the <br />City for all costs of abating such condition. In situations where there are <br />multiple owners identified as contributing to FOG causing such <br />obstruction, the Public Works Director will apportion the cost of the <br />cleanup, maintenance or repair costs on a prorated basis, based on each <br />owner's percentage share of the average total sanitary sewer charges for <br />all such owners. Further, should inspection, testing or other sampling <br />activity by the City confirm that any property owner is contributing FOG <br />(including other harmful ingredients) and is causing the repair or <br />excessive maintenance activity to maintain the sanitary sewer system, the <br />Public Works Director may require retrofitting of the structure with <br />grease interceptors or grease traps, including testing facilities and access <br />thereto sufficient to resolve the problem; <br />2. The costs for curing any private sewer lateral failures and sewer system <br />overflows, including cleaning and other maintenance, caused in whole or <br />in part by FOG introduced into the sanitary sewer system by any FSE or <br />FM/P, alone or in conjunction with any other party, are the responsibility <br />of the owner of the FSE or FM/P and the owner of any structure in which <br />the FSE or FM/P contributing the FOG to the sanitary sewer system is <br />located. <br />Compliance. Compliance with the grease control program shall be evaluated <br />based on the following criteria: <br />1. All FSE and SM/P who are implementing and documenting BMPs and <br />performing and documenting grease retention unit cleaning at the <br />required frequency will be considered to be in full compliance with this <br />policy. <br />2. When an obstruction and/or sanitary sewer overflow occur due to the <br />presence of FOG, the records of all FSE or FM/P that discharge to the <br />affected sanitary sewer line may be reviewed in order to determine the <br />responsible party. Any FSE or FM/P found to be in noncompliance with <br />the required grease retention unit cleaning frequency shall be deemed a <br />"responsible party" for cost recovery. Payment of cost recovery does not <br />preclude further enforcement actions for noncompliance as per the FOG <br />enforcement response plan. <br />Penalties and assessments for FOG program noncompliance. hi the event that the <br />owner of an FSE or FM/P or the owner of any structure in which an FSE or FM/P <br />is located is found to have failed to comply with the provisions of this division, <br />the following penalties or assessments or both may be applied: <br />1. For introduction of FOG into any sanitary sewer system resulting in <br />obstruction to said system or in a sanitary sewer overflow: <br />a. The city may disconnect water and sewer service to the FSE or FM/P <br />and to the 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 <br />compliance with the requirements of this section; <br />2. For failure to maintain records as required by the BMP program for any <br />FSE or FM/P, or failing or refusing to timely comply with any request for <br />records required to be provided to the Public Works Director, a fine per <br />the City's Fee Schedule until such records are provided; <br />Page 46 of 82 <br />