For years, there has been talk of the need for a sewer ordinance in Cherokee County. On April 9, the Cherokee County Commission unanimously passed such an ordinance. There seems to be, however, some confusion about what the ordinance is exactly, and who it applies to.

It is important to note that the ordinance does not apply to all property owners. Instead, the new sewer ordinance only applies to land in unincorporated parts of Cherokee County that also are located within the Alabama Power flood easement. It does not apply to landowners within municipalities at this time.

The purpose of the ordinance is to stop improper or illegal sewage disposal in these areas. To be in compliance with the ordinance, an owner must have a permit from the Cherokee County Health Department for their sewage disposal system.

Enforcement officers from the Health Department will routinely inspect these areas for potential violations. Citizens can also alert the Health Department to potential violators; however, the person reporting the possible violation must be willing to sign a formal complaint. This means no anonymous reports will be accepted.

The enforcement officers have the authority, under the ordinance, to enter into a premise where a possible violation is taking place. They may also enter a premise to issue a notice or citation. When notice is given to a landowner, it is posted on the property and the owner should receive a copy of the notice by certified mail.

After receiving a notice, if within 30 days the improper treatment or disposal is stopped and the Health Department is contacted so that the property can be in compliance, no citation or fine will be issued. If a landowner does not stop the improper treatment or disposal, or does not contact the Health Department within those 30 days, then a citation will be issued and the property owner will be fined $150 per day until the disposal is abated.

The ordinance lays out a procedure to appeal a citation. A person has 30 days after being served with the citation to file a written notice of appeal with the enforcement officer and the County Commission. If the written notice of appeal is not filed in 30 days, then that person's right to appeal will be waived.

If a landowner requests an appeal, a hearing must be set by the County Commission not less than 45 days after the issuance of the citation. At this hearing, the property owner will be given the opportunity to speak and contest the citation. The Commission will either uphold the issuance of the citation or dismiss it. Written notice will be provided to the property owner by certified mail notifying them of the Commission's decision. If the Commission upholds the citation and the owner still fails to abate the sewage nuisance, the Commission can take steps to abate and impose a fee on the landowner to repay the county for the abatement.