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owner of any structure in which the FSE or FM/P contributing the FOG to the sanitary <br /> sewer system is located. Following repair by the City and prior to imposition of such <br /> costs on any owner, the City will provide notice to the owner of the FSE or FM/P and <br /> the owner of any structure in which the FSE or FM/P that contains the following: <br /> a. A description of the work performed by the City in order to clear the <br /> obstruction; <br /> b. The cost to the city to clear the obstruction; <br /> c. The City's cost apportionment among multiple owners, if any; <br /> d. The owner's responsibility to pay such costs; <br /> e. The right to request a hearing before the City Council challenging the <br /> imposition of the costs and subsequent assessment if such costs remain unpaid; <br /> and <br /> a:£ The deadline by w hi '1i to request <br /> M. Compliance. Compliance with the grease control program shall be evaluated based on the <br /> following criteria: <br /> 1. All FSE and SMFM/P who are implementing and documenting BMPs and <br /> performing and documenting grease retention unit cleaning at the required frequency <br /> will be 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 may be 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 /> b. Change the sewer rate class of the FSE or FM/P to reflect the presence of the <br /> excessive FOG contribution by the FSE or FM/P. <br />