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CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 27, 2014
AGENDA #: 10A
PREPARED BY: CATHY ERICKSON, ACCOUNTING MANAGER
PRESENTED BY: CATHY ERICKSON, ACCOUNTING MANAGER
AGENDA ITEM: CONSIDER APPROVAL OF AMENDMENT TO THE PRIOR LAKE CITY
CODE, PART 7 BY AMENDING PORTIONS OF SECTION 704 RELATING
TO THE CITY WATERWORKS SYSTEM, SECTION 705 RELATING TO THE
SANITARY SEWER SYSTEM, AND SECTION 707 RELATING TO STORM
WATER MANAGEMENT AND A RESOLUTION APPROVING THE SUM- ,
MARY OF ORDINANCE FOR PUBLICATION �
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of an Ordinance
amending Part 7 of the Prior Lake City Code, by amending portions of section
704 (Waterworks), Section 705 (Sanitary Sewer) and Section 707 (Storm Wa-
ter) to include language that supports Council direction to discontinue the prac-
tice of shutting off water services for delinquent utility accounts (regardless of
whether the property is occupied by the property owner or a renter) and to cer-
tify delinquent utility bills to property taxes on an annual basis.
Staff is aware that there are many other changes needed in all three of these
sections in addition to ones being proposed. Other changes needed are com-
plex and will require additional staff time to research and write and be re-
viewed by the City Attorney. With the understanding that Council wanted to
implement changes regarding the current shut off and certification practice as �,
soon as possible, staff thought it was best to present the ordinance amend-
ments in a phased approach. First, with this agenda item, staff is addressing
the language changes needed to reflect the Council's direction. Staff has also
included some language changes pertaining to the calculation of the sewer
cap since those changes would impact the residents on their June 1 St bill.
Second, staff will address other changes that are needed to bring the ordi-
nance into compliance with state statutes and best practices. A target date
has not been established for phase two.
Hi StON
At the October 28, 2013 council meeting, the Council approved a resolution
authorizing a contract for electronic statements and payment options for utility
bills. Council also approved a resolution authorizing an amendment to the City
Official Fee Schedule.
At the November 12, 2013 council meeting, Council directed Staff to certify de-
linquent utility bills to property taxes (as a means for collection of past due ac-
counts vs. discontinuance of water service) and continue to bill renters directly.
Current Circumstances
The ordinance amendments have been written so the wording is consistent
between the Waterworks, Sanity Sewer and Storm Water sections, where ap-
plicable.
The intent of the ordinance amendment changes, by subsection, are shown in
the table below.
Part 7 of City Code Intent of Ordinance Amendment
Ordinance Subsection Chan e
Billing and delinquency, discontinu- Changed to support Council direc-
ance and certification, penalty, and tion to use certification as a means
rates for collection of past due accounts
vs. discontinuance of water service
Tapping and Tampering Changed to clarify prohibited water
tam erin and clarif enalt
Water tower Charge Changed to reference the Official ,
Cit Fee Schedule
Rates Changed to support Council direc-
tion to use certification as a means
for collection of past due accounts
vs. discontinuance of water service
and to modify the calculation for the
ca on sewer char es
We are asking the Council to approve the ordinance amendments.
A red-lined copy of the amended ordinances is attached to this agenda report.
Conclusion
The ordinance amendments will be incorporated into the City Code with an ef- ,
fective date of February 1, 2014. '
ISSUES: The City currently charges a 10% penalty on past due balances. Most bal-
ances are only past due for less than one billing cycle, since water shutoff was
used as a collection tool. Approximately 15% of accounts are consistently
past due each billing cycle. Staff anticipates that the balances will be past due
for greater than one billing cycle since the residents' water service will not be
discontinued for nonpayment.
Staff discussed the past due penalty rate with the City Attorney. The City At-
torney was not concerned as much with the amount itself as with the inequity
that could now result from having a one-time penalty versus a monthly pen-
alty. With a one-time penalty, a person who is five days late pays the same
penalty as a person that is 205 days late. This raises an issue of whether the
fee is fair and equitable. The City could use the one-time 10% fee but it does
create the risk that if challenged, a court will find it unenforceable.
Therefore, the City Attorney recommended that the City use a monthly penalty
as most other cities do. The City used 1.5% as it is fairly common and it was
determined that a rate of 1.5% per month is not excessive. The ordinance
2
amendments include the change to a penalty of 1.5% per month. This
equates to charging 3% per bimonthly billing cycle.
The City Council should be aware that the ordinance revisions will not pre-
clude water shut off in all circumstances. For example, as noted in proposed
section 704.1901, the ordinance continues to contemplate water shut off
where:
a) The owner or occupant of the premises served or any person working
on any connection for the premises served with the municipal utility systems has
violated any requirement of the City Code relative thereto, or any connection
therewith;
b) Any charge for a municipal utility service or any other financial obligation
imposed on the present owner or occupant of the premises served is unpaid after
due notice thereof;
c) There is fraud or misrepresentation by the owner or occupant in
connection with any application for service or delivery or charges therefor;
d) There is a health or safety concern related to the water or sanitary
sewer systems; or
e) The owner or occupant of the premises served by the City's municipal
water service fails (a) within 10 days after written request by the City to the owner
or occupant, to provide a time, within 30 days of the written request, to permit
entry into the premises by the City, its employees or contractors, during normal
working hours, for the purpose of repairing, replacing, modifying or equipping the
premises' water meter or the equipment for the reading of the meter, or (b) to
permit entry into the premises by the City, its employees or contractors to repair,
replace, modify or equip the water meter or the equipment for the reading of the
meter at and during the time provided.
With the implementation of ePayments at the end of December 2013, staff an- ,
ticipates that our percentage of past due accounts will be reduced, but we �
don't know what the impact of "certification only" vs. "water shutoff' will have
on our delinquency rate. Staff will track the amount and number of ePay-
ments, as well as the amount and number of past due accounts that are certi-
fied.
The current ordinance, the City utility bill, and City past due notices reference
the former collection process including door hangers, water shutoff, and re-
lated penalties. Once these ordinance changes are approved by Council, we
can modify our utility bill and past due notices to support Council's intent to
use certification only (vs. water shut offl as a means of collecting past due bal-
ances. Our next billing due date is February 21, 2014.
The Council approved changes related to Utility Billing were made to enhance
customer service for residents by maintaining water service, and giving resi-
dents the option to pay online through Payment Services Network.
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FINANCIAL With the change in the past due penalty charge of "10% of past due balance"
IMPACT: to a penalty of "1.5% of past due balance per month", staff estimates that, at
the current level of delinquent accounts of 15%, a potential annual reduction of
penalty revenue of approximately $37,500.
The 2014 budget reflects the higher level of penalty revenue, based on "10%
of past due balance" since these proposed changes were not finalized at the
time the 2014 budget was approved.
ALTERNATIVES: 1. Approve an Ordinance amending Part 7 of the Prior Lake City Code by
amending portions of section 704, section 705 and section 707 as pro-
posed or with changes as specified.
2. Approve a resolution approving the summary of the Ordinance and order-
ing the publication of said summary.
3. Delay action if the Council requires additional information.
RECOMMENDED Alternatives #1 & 2
MOTION:
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RESOLUTION 14-xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 114- AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, On January 27, 2014 the City Council adopted Ortlinance 114- amending Part 7 of the Prior Lake
City Code by amending portions of Section 704 relating to the City Waterworks System, Section 705
relating to the Sanitary Sewer System, and Section 707 relating to Storm Water Management of the
Prior Lake City Code; and
WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes
effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds
that the summary is an accurate representation of the Ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Part 7 of the Prior Lake City
Code antl has determined the publication of a summary of this ordinance will meet the intent of the
statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. is lengthy.
3. The text of summary of Ordinance , attached hereto as Exhibit A, conforms to M.S. §
331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform
the public of the intent and effect of the Ordinance.
4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier
or eight-point type.
5. A complete text of the newly amentled City Code will be available for inspection at City Hall or in the Document
Center on the City of Prior Lake Website.
PASSED AND ADOPTED THIS 27� DAY OF JANUARY 2014
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
Exhibit A
SUMMARY ORDINANCE NO. 114-xx
CITY OF PRIOR LAKE
ORDINANCE NO. 114-XX
AN ORDINANCE AMENDING PART 7 OF THE PRIOR LAKE CITY CODE BY
AMENDING PORTIONS OF SECTION 704 RELATING TO THE CITY WATERWORKS
SYSTEM, SECTION 705 RELATING TO THE SANITARY SEWER SYSTEM, AND
SECTION 707 RELATING TO STORM WATER MANAGEMENT.
The following is only a summary of Ordinance No. . The full text will
available for public inspection after February 1, 2014 by any person during regular office
hours at City Hall or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends utility billing provisions in portions of City Code
Section 704 relating to the City Waterworks System, Section 705 relating to the Sanitary
Sewer System, and Section 707 relating to Storm Water Management.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 27th Day of January 2014.
ATTEST:
City Manager Mayor
Summary Ordinance to be published in the Prior Lake American on the 1st day of
February 2014.
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CITY OF PRIOR LAKE
ORDINANCE NO.
AN ORDINANCE AMENDING PART 7 OF THE PRIOR LAKE CITY CODE BY
AMENDING PORTIONS OF SECTION 704 RELATING TO THE CITY WATERWORKS
SYSTEM, SECTION 705 RELATING TO THE SANITARY SEWER SYSTEM, AND
SECTION 707 RELATING TO STORM WATER MANAGEMENT.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. City Code Title 7, Section 704, Subsection 704.406 is hereby deleted in its entirety.
2. City Code Title 7, Section 704, Subsection 704.700 is hereby deleted in its entirety
and replaced with the following:
704.700: TAPPING AND TAMPERING PROHIBITED No person except authorized agents or
employees of the City shall tap into, insert stop cocks or ferrules into, or
tamper with any distributing main or pipe, stop box, or any other part of the
City water supply system. For any violation of this provision, the City may
impose the meter tampering penalty set forth in the Official City Fee Schedule
plus any costs incurred by the City for repair or replacement, including
materials and labor.
3. City Code Title 7, Section 704, Subsection 704.1001 (1) is hereby revised by
deleting the words "by reference to" and replacing them with the words "and set
forth in".
4. City Code Title 7, Section 704, Subsection 704.1001 (2) is hereby deleted in its
entirety and replaced with the following:
(2) A minimum charge for water as set forth in the Official City Fee Schedule shall be
imposed per billing period per user.
5. City Code Title 7, Section 704, Subsection 704.1001 (3) is hereby deleted in its
entirety.
6. City Code Title 7, Section 704, Subsection 704.1002 is hereby deleted in its
entirety and replaced with the following:
704.1002 Water Tower Charae: The water tower charge shall be determined by the
City Council on an annual basis and set forth in the Official City Fee Schedule.
Said fees shall be placed in a fund maintained by the City to accumulate funds
for the construction of water storage facilities and wells.
7. City Code Title 7, Section 704, Subsection 704.1003 is hereby deleted in its
entirety and replaced with the following:
704.1003 Billinq and Delinauencv: Water and sanitary sewer accounts become
active as soon as a meter is picked up from the City and the City may begin
billing immediately. Utilities, including water, sanitary sewer, storm water, and
any other utility services billable by the City shall be billed in the form and at
intervals determined by the City. All charges shall be delinquent if they are
unpaid by the bill due date. Each bill not paid by the due date shall be charged
a late payment penalty of 1.5% per month until paid or until certified to taxes.
Utility charges are a lien against the property, and the property owner remains
responsible, at all times, for the payment of the charges in a timely manner. �
8. City Code Title 7, Section 704, Subsection 704.1900 is hereby deleted in its
entirety and replaced with the following:
704.1900 DISCONTINUANCE AND CERTIFICATION.
704.1901 Discontinuance.
(1) Water service may be shut off or discontinued whenever it is found that:
a) The owner or occupant of the premises served or any person working
on any connection for the premises served with the municipal utility
systems has violated any requirement of the City Code relative thereto, or
any connection therewith;
b) Any charge for a municipal utility service or any other financial obligation
imposed on the present owner or occupant of the premises served is
unpaid after due notice thereof;
c) There is fraud or misrepresentation by the owner or occupant in
connection with any application for service or delivery or charges therefor;
d) There is a health or safety concern related to the water or sanitary
sewer systems; or
e) The owner or occupant of the premises served by the City's municipal
water service fails (a) within 10 days after written request by the City to the
owner or occupant, to provide a time, within 30 days of the written request,
to permit entry into the premises by the City, its employees or contractors,
during normal working hours, for the purpose of repairing, replacing,
modifying or equipping the premises' water meter or the equipment for the
reading of the meter, or (b) to permit entry into the premises by the City, its
employees or contractors to repair, replace, modify or equip the water
meter or the equipment for the reading of the meter at and during the time
Page 2 of 7
provided.
(2) Water service shall be shut off at the stop box. The City shall give the
occupant of the premises written notice, delivered by mail, stating the reason
for the shut-off, the required cure, and that if the cure is not completed before
a day stated in the notice, but not less than five days after the date on which �
the notice is given, the water to the premises will be shut off. If water service
is terminated by the City for any reason, a water shut-off charge as identified in
the Official City Fee Schedule will be charged for turning on said water service.
704.1902 Certification with Taxes. All charges and payments provided for herein are
the primary responsibility of the owner of the premises served and all such
charges and payments shall be a lien upon the property. Delinquent charges,
including late payment penalties, shall be certified to the County Auditor to be
paid with property taxes. The Finance Director shall determine the ,
certification amounts for each property, including the applicable interest rate as '
set forth in the Special Assessment Policy, and the delinquent assessment
administrative charge set by the Official City Fee Schedule. The owner of the
property shall be given written notice stating the amount due, the date by
which payment must be made to avoid certification, the time, date, and
location of the hearing where the City Council will consider certification, and
the interest rate on the certification. The amounts shall be certified to the
County Auditor for collection, in accordance with M.S. § 444.075, as it may be
amended from time to time, along with property taxes.
9. City Code Title 7, Section 704, Subsection 704.2000 is hereby deleted in its
entirety and replaced with the following:
704.2000: PENALTY: Any person violating any provision of this Section shall, upon
conviction thereof, be guilty of a misdemeanor and be punishable in
accordance with the penalties established by Minnesota Statute Section
609.02 as may be amended. A separate offense shall be deemed committed
for each day the violation shall continue. Any person violating any of the
provisions of this Section shall become liable to the City for any expense, loss
or damage incurred by the City by reason of such violation.
10. City Code Title 7, Section 705, Subsection 705.901.1 is hereby renumbered as
Subsection 705.901 and is deleted in its entirety and replaced with the following:
705.901 Rates
1) Effective February 1, 2005, the sewer utility rates, which shall consist of the
City sewer rate plus the Met Council sewer rate, and the capital facility charge
shall be determined annually by the City Council and set forth in the Official
City Fee Schedule.
2) A minimum charge for sewer as set forth in the Official City Fee Schedule shall
be imposed per billing period per user.
3) The charge for sewer usage for each billing cycle for bills issued in June,
Page 3 of 7
August, October and December (actual usage March 21 through November
20) shall not exceed one hundred and fifty percent (150%) of the average
charge for sewer usage for the bills issued in February and April (actual usage
November 21 through March 20). The purpose for this sewer cap is to provide
consideration for lawn and garden sprinkling and other related outside water
usage, which does not flow into the sanitary sewer system.
4) The sewer rates for sanitary sewer system users not connected to the
Municipal water system shall be determined annually by the City Council and
set forth in the Official City Fee Schedule
11. City Code Title 7, Section 705, Subsection 705.902 is hereby deleted in its entirety
and replaced with the following:
705.902 Billinq and Delinquencv: Water and sanitary sewer accounts become
active as soon as a meter is picked up from the City and the City may begin
billing immediately. Utilities, including water, sanitary sewer, storm water, and
any other utility services billable by the City, shall be billed in the form and at
intervals determined by the City. All charges shall be delinquent if they are
unpaid by the bill due date. Each bill not paid by the due date shall be charged
a late payment penalty of 1.5% per month until paid or until certified to taxes.
Utility charges are a lien against the property, and the property owner remains
responsible, at all times, for the payment of the charges in a timely manner.
12. City Code Title 7, Section 705, Subsection 705.1004 is hereby deleted in its
entirety.
13. City Code Title 7, Section 705, Subsection 705.1400, provision 701.1401 is hereby
renumbered as provision 705.1401.
14. City Code Title 7, Section 705, Subsection 705.2005 is hereby deleted in its
entirety.
15. City C�ode Title 7, Section 705, Subsection 705.2200 is hereby renumbered as
Subsection 705.2300 and a new Subsection 705.2200 is inserted to read as
follows:
705.2200 Discontinuance and Certification.
705.2201 Discontinuance.
(1) Water service may be shut off or discontinued whenever it is found that:
a) The owner or occupant of the premises served or any person working on
any connection for the premises served with the municipal utility systems has
violated any requirement of the City Code relative thereto, or any connection
therewith;
Page 4 of 7
b) Any charge for a municipal utility service or any other financial obligation
imposed on the present owner or occupant of the premises served is unpaid
after due notice thereof;
c) There is fraud or misrepresentation by the owner or occupant in
connection with any application for service or delivery or charges therefor;
d) There is a health or safety concem related to the water or sanitary sewer
systems; or
e) The owner or occupant of the premises served by the City's municipal
sanitary sewer system fails (a) within 10 days after written request by the City
to the owner or occupant, to provide a time, within 30 days of the written
request, to permit entry into the premises by the City, its employees or
contractors, during normal working hours, for the purpose of repairing,
replacing, modifying or equipping the premises with sanitary sewer system
equipment, or (b) to permit entry into the premises by the City, its employees
or contractors to repair, replace, modify or equip the sanitary sewer system
equipment.
(2) Water service shall be shut off at the stop box. The City shall give the
occupant of the premises written notice, delivered by mail, stating the reason
for the shut-off, the required cure, and that if the cure is not completed before
a day stated in the notice, but not less than five days after the date on which
the notice is given, the water to the premises will be shut off. If water service
is terminated by the City for any reason, a water shut-off charge as identified in
the Official City Fee Schedule will be charged for turning on said water service.
705.2202 Certification with Taxes. All charges and payments provided for herein are
the primary responsibility of the owner of the premises served and all such
charges and payments shall be a lien upon the property. Delinquent charges
including late payment penalties, shall be certified to the County Auditor to be
paid with property taxes. The Finance Director shall determine the
certification amounts for each property, including the applicable interest rate as
set forth in the Special Assessment Policy, and the delinquent assessment
administrative charge set by the Official City Fee Schedule. The owner of the
property shall be given written notice stating the amount due, the date by
which payment must be made to avoid certification, the time, date, and
location of the hearing where the City Council will consider certification, and
the interest rate on the certification. The amounts shall be certified to the
County Auditor for collection, in accordance with M.S. § 444.075, as it may be
amended from time to time, along with property taxes.
16. City Code Title 7, Section 705, newly renumbered Subsection 705.2300 is hereby
deleted and replaced with the following:
705.2300: PENALTY: Any person violating any provision of this Section shall, upon
conviction thereof, be guilty of a misdemeanor and be punishable in
accordance with the penalties established by Minnesota Statute Section
609.02 as may be amended. A separate offense shall be deemed committed
Page 5 of 7
for each day the violation shall continue. Any person violating any of the
provisions of this Section shall become liable to the City for any expense, loss
or damage incurred by the City by reason of such violation.
17.City Code Title 7, Section 707, Subsection 707.302 (1) is hereby deleted in its
entirety and replaced with the following:
(1) The SFR rate shall be determined annually by the City Council and set forth as the
storm water charge on the Official City Fee Schedule.
18. City Code Title 7, Section 707, Subsection 707.600 is hereby deleted in its entirety
and replaced with the following:
707.600: BILLING AND DELINQUENCY: Utilities, including water, sanitary
sewer, storm water, and any other utility services billable by the City, shall be
billed in the form and at intervals determined by the City. All charges shall be
delinquent if they are unpaid by the bill due date. Each bill not paid by the due
date shall be charged a late payment penalty of 1.5% per month until paid or
until certified to taxes. Utility charges are a lien against the property, and the
property owner remains responsible, at all times, for the payment of the
charges in a timely manner. ,
19. City Code Title 7, Section 707, Subsection 707.700 is hereby deleted in its entirety
and the remaining Subsections are renumbered accordingly.
20. City Code Title 7, Section 707, newly renumbered Subsection 707.700 is hereby
deleted in its entirety and replaced with the following:
707.700: CERTIFICATION WITH TAXES. All charges and payments provided for
herein are the primary responsibility of the owner of the premises served and
all such charges and payments shall be a lien upon the property. Delinquent
charges including late payment penalties, shall be certified to the County
Auditor to be paid with property taxes. The Finance Director shall determine
the certification amounts for each property, including the applicable interest
rate as set forth in the Special Assessment Policy, and the delinquent
assessment administrative charge set by the Official City Fee Schedule. The
owner of the property shall be given written notice stating the amount due, the
date by which payment must be made to avoid certification, the time, date, and
location of the hearing where the City Council will consider certification, and
the interest rate on the certification. The amounts shall be certified to the
County Auditor for collection, in accordance with M.S. § 444.075, as it may be
amended from time to time, along with property taxes.
21. City Code Title 7, Section 707, newly renumbered Subsection 707.900 is hereby
deleted in its entirety and replaced with the following:
707.900: PENALTY: Any person violating any provision of this Section shall, upon
conviction thereof, be guilty of a misdemeanor and be punishable in
Page 6 of 7
accordance with the penalties established by Minnesota Statute Section
609.02 as may be amended. A separate offense shall be deemed committed
for each day the violation shall continue. Any person violating any of the
provisions of this Section shall become liable to the City for any expense, loss
or damage incurred by the City by reason of such violation.
22.This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this Day of , 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the day of , 2014.
Page 7 of 7
Public Ways & Property
SECTION 704
CITY WATERWORKS SYSTEM
SUBSECTIONS
704.100: COUNTY REGULATIONS ADOPTED
704.200: PERMIT APPLICATIONS
704.300: CONNECTION TO CITY'S SYSTEM
704.400: CONNECTION PERMITS
704.500: PAYMENT OF PERMIT FEES
704.600: TAPPING MAINS; CHARGES
704.700: TAPPING OF MAINS PROHIBITED
704.800: PROPERTY ASSESSMENTS
704.900: WATER USE RESTRICTIONS
704.1000: WATER RATES; WATER TOWER CHARGE; DELINQUENCY
704 SERVICE PIPES
704.1200: REPAIR OF LEAKS
704 METER REPAIR OR REPLACEMENT
704 DEFICIENCY OF WATER AND SHUTTING OFF WATER
704 RESTRICTED HOURS FOR SPRINKLING
704 USE OF FIRE HYDRANTS
704.1700: PRIVATE WATER SUPPLIES
704.1800: BACKFLOW PREVENTERS
704.1900: DISCONTINUANCE OF SERVICE FOR VIOLATIONS
704.2000: PENAL�
704 .100: COUNTY REGULATIONS ADOPTED The City hereby adopts, by reference, the ordinance
adopted by the County of Scott entitled "An Ordinance Regulating the Use of Waters
Within the County of Scott," said Ordinance dated August 27, 1974.
704 .200: PERMIT APPLICATIONS All applications for permission to connect to the City water system
or to drill a private well or to make repairs to any connection, shall be made at the office of
the City Clerk. The application must be submitted on the printed form furnished by the
City, and must state the name of the owner, the o�cial street address or legal description,
the kind of service for which the pipe is intended or the well is to be drilled and must bear
the signature of the applicant agreeing to conform to the rules and regulations that are
established by the City as conditions for said water use or well drilling.
No permit herein required shall be granted unless application therefore shall be made in
writing and signed by the duly authorized agent of the owner who must be a plumber
licensed by the City as prescribed by the licensing laws of the City.
The applicant shall, at the time of making application, pay to the City the amount of fees
or deposits required for the installation of water service or drilling of said well.
City of Prior Lake
704/p 1
Public Ways & Property
704.300: CONNECTION TO CITY'S SYSTEM: At such time as a Municipal water system becomes
available and within a one-year period, property served by a private water system shall
make a direct connection to the public water system, in compliance with this Section.
704.400: CONNECTION PERMITS:
704.401 Connection To Stoa Box: A permit must be obtained to connect to existing water service
leads at the stop box. Whenever the water service connections are connected to the stop
box, the owner must also simultaneously install the properly sized meter. Upon
installation, a seal shall be affixed to the water meter. Unless authorized by the City,
breakage and/or removal of such seal shall be subject to a penalty of one hundred dollars
($100.00). The fee for each such permit issued shall be determined at the discretion of the
City Council.
704.402 Reimbursement And Installation Of Water Meter: The owner must reimburse the City
for the cost of the water meter. Installation of the meter shall be done at the expense of
the owner by a plumber licensed to make such installations in the City.
704.403 Connection Permits: A connection fee in an amount to be determined annually by the
City Council shall be charged per unit connected. The fees collected as unit connection
charges under this subsection shall be applied towards the maintenance, building,
construction, reconstruction, repair, enlargement or improvement of the Municipal system.
"The Municipal system" shall mean waterworks systems, including mains, valves,
hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and
other appurtenances of a waterworks system, sewer systems, sewage treatment works,
disposal systems, and other facilities for disposing of sewage, industrial wastes, or other
wastes, and storm sewer systems, including mains, holding areas and ponds, and other
appurtenances and related facilities for the collection and disposal of storm water. (amd.
Ord. 02-04, pub. 4/13/02)
704.404 Charqes: A detached, single-family dwelling shall be considered as a standard unit.
Other users shall be charged in accordance with the number of units connected and in
accordance with the unit charges established by the Metropolitan Waste Control
Commission.
704.405 Persons Not Licensed Plumbers: Permits:
(1) Any person not a licensed plumber, desiring to construct or connect a Municipal
water system to a building within the City shall apply to the City Manager for a
permit for said construction. The application shall be submitted on forms
furnished by the City Plumbing Inspector and shall be accompanied by a permit
and inspection fee to be determined at the discretion of the City Council. A permit
shall be required for each separate construction site and job. A permit shall be
required for each connection to the Municipal water system if there is more than
one a particular construction site or job.
(2) No permit shall be issued unless the applicant has filed with the City Manager a
surety bond in the face amount of five thousand dollars ($5,000.00) running in
favor of the City, saving the City harmless for any loss, damage, cost or expense
City of Prior Lake
704/p2
Public Ways & Property
by reason of any work performed under this Section or by reason of improper or
inadequate perFormance or compliance with the terms of this Section.
(3) Subsequent to receiving a permit, written notice of intent to commence
construction shall be given the City Plumbing Inspector at least twenty four (24)
hours before commencement of construction. If no notice is given, the applicant
may be assessed up to one hundred dollars ($100.00) administrative charge.
(4) It shall be the duty of the City Plumbing Inspector to inspect the construction
regulated by this Section, and all construction found to be in violation of either
State law or City ordinance sha�l be corrected by the applicant. If said
connections are not made within a reasonable time, the City Plumbing Inspector
may either remove the work done or correct the violation and may charge the cost
or said removal or correction to the applicant, or the City may effect a partial or
complete forfeiture of the applicant's surety bond to pay said costs.
(5) Nothing in this subsection shall permit installation or connection of any plumbing
within the premises other than connection of, or running to the premises the water
main from the Municipal system to the premises. A separate water line from a
well, to be used for drinking purposes only, will be allowed. A maximum of one
faucet may be connected to this line.
�94�9�-____. __ : . .
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704 .500: PAYMENT OF PERMIT FEES Any property owner who is obligated to pay permit fees
under this section shall do so at the time of permit issuance. Any person obliged to
pay water connection charges or water tower charges may do so as follows:
(1) Payment in full of all water connection charges and water tower charges at the
time of permit issuance; or
(2) If the person meets the eligibility requirements of the City of Prior Lake's Sewer
and Water Fee Deferral Program Policy, deferred monthly payment of up to
eight (80) percent of the fees due within sixty (60) consecutive months from
permit issuance as follows:
a) Fees of at least three (3) and no more than ten (10) SAC units (units shall
be as set by the Metropolitan Waste Control Commission and for the
purposes of deferral shall be measured prior to application of available
credits):
1. At least twenty (20) percent of the total water connection charges and
water tower charge shall be paid at the time of permit issuance.
2. The remaining balance shall be repaid utilizing the city's automatic
monthly pay system in equal increments for up to sixty (60) consecutive
months from the date of permit issuance.
City of Prior Lake
704/p3
Public Ways & Property
3. The interest rate on the unpaid balance shall be the rate set forth in the
Metropolitan Council Small Business SAC Deferral Program for the year
the permit is issued.
4. The deferred balance shall be secured by the property owner in the form
of a special assessment agreement in a form acceptable to the City
Attorney executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section
for a period of at least sixty (60) days the remaining balance plus
interest shall become immediately due and payable. The balance plus
interest and applicable fees shall be assessed against the property in
accordance with the terms of the assessment agreement. In no event
shall the payments under the assessment agreement extend for a
period of more than 12 months beyond the initial 60 month period of the
deferral.
b) Fees greater than ten (10) SAC units (units shall be as set by the
Metropolitan Waste Control Commission and for the purposes of deferral
shall be measured prior to application of available credits):
1. At least twenty (20%) of the total water access charges and water tower
charge shall be paid at the time of permit issuance.
2. The remaining balance shall be repaid utilizing the city's automatic
monthly pay system in equal increments for up to sixty (60) consecutive
months from the date of permit issuance.
3. The interest rate on the unpaid balance shall be determined using a rate
of two (2) percentage points higher than the net interest cost of the most
recent bonds sold by the city.
4. The deferred balance shall be secured by the property owner in the form
of a special assessment agreement in a form acceptable to the City
Attorney executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section
for a period of at least sixty (60) days the remaining balance plus
interest shall become immediately due and payable. The balance plus
interest and applicable fees shall be assessed against the property in
accordance with the terms of the assessment agreement. In no event
shall the payments under the assessment agreement extend for a
period of more than 12 months beyond the initial 60 month period of the
deferral.
(Ord. Amd. 113-04, publ. 02/16/13
704.600: TAPPING MAINS; CHARGES: A charge shall be made and collected for tapping water
mains where a curb box and service lead was not previously installed. This charge is to
be paid at the time of making application and is as follows:
3/4" $200.00
1 " $200.00
2" service or larger shall be installed by contract by permit from the City Engineer.
City of Prior Lake
704/p4
Public Ways & Property
704.601 Street Repair Charqe: When installation of service connection requires excavation of the
street right of way, a permit shall be secured from the office of the City Engineer. The fee
for such permit is to be determined at the discretion of the City Council, and the cost for
repair of street surfacing will be determined by the City Engineer. For raising or lowering
stop boxes to conform with ground level changes made by the property owner, a service
charge of actual cost will be made.
704.602 Excavation for Tappinq: Excavations made for the purpose of making a tap from the
City water mains shall be so ordered by he Water and Sewer Superintendent. Ample
clear space shall be allowed around the main in all cases to insert the tapping machine.
All excavations for tapping shall be safely curbed to the satisfaction of the tapper. In case
the excavation is not property made, sufficient clear space is not provided, or the
excavation is improperly curbed, the tap shall not be made until the excavation, clear
space and curbing are proper and safe. A safe ladder shall be furnished by the plumber
for the use of the purpose of inspecting the connection the City main.
704.603 Time for Connection: If, for any cause, the plumber laying the service pipe should fail to
have the connection made or the excavation ready for tapping the main at the time
specified in his or her application, notice must be given to the Water and Sewer
Department, fixing another day on which or she wishes to make the connection. The
notice must be given at least two (2) days previous to the excavation for laying the service
pipe or making a tap and must be given during normal working hours.
704.700: TAPPING AND TAMPERING �F-AARIF�S PROHfBITED:
?Q4-?�1-- T,a-��+p�e# 111FQi,T�-D��:��ed. No person except authorized agents or employees of the
City shall tap into, insert stop cocks or ferrules inta, or tamper with any distributing main or
pipe stop box, or any other part of the City water supply system_ ^� �^c�� �+„n nnrLc „r
f°��� �'°° +"°r°�^ For any violation of this provision, t�he City may impose the meter
tamperinq penalty set forth in the Official Citv Fee Schedule a-�e�-e#-$�-9A plus any costs
incurred bv the City for repair or replacement, includinq materials and labor�p
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704 .800: PROPERTY ASSESSMENTS No permit shall be issued to tap or connect with any water
main either directly or indirectly from any lot or tract of land unless:
(1) Such tract or lot to be served by such connection has been assessed for the cost
with which the connection is to be made, or
(2) If no assessment has been levied for such construction cost, that proceedings for
levying such assessment have been made and will be commenced in due course,
or
(3) If no assessment has been levied, and no assessment proceedings will be
completed in due course, but a sum equal to the cost of said utilities shall have
been paid to the City as determined by the City Council, not to exceed benefit to
City of Prior Lake
704/p5
Public Ways & Property
the property.
704.900: WATER USE RESTRICTIONS:
704.901 Turninq on Water: No person, except an authorized City agent or employee shall turn
on any water supply at the stop box. No permit will be issued unless the house number
as given by the Building Department is prominently displayed, and no such permit shall be
given anyone but a licensed plumber.
704.902 Supplv From One Service: No more than one house or building shall be supplied from
one service connection, except by special permission of the City Engineer. Whenever
two (2) or more parties are supplies from one pipe, connecting with the distribution main,
each building must have a separate stop box and a separate meter.
704.903 Abandoned Services: All service installations connected to the water system that have
been abandoned or have not been used for three (3) years, or for any reason have
become useless for further service, shall be disconnected at the main by the City unless
waived by the City Engineer, and all pipes and appurtenances removed shall become the
property of the City. When new buildings are erected on the site of old ones, and it is
desired to increase or change the old water service, no connections with the mains shall
be made until all of the old services shall have been removed and the main plugged. If
any contractor, workman or employee upon such building shall cause or allow any service
pipe to be hammered together at the ends to stop the flow of water, or to save expense in
removing such pipe from the main, the owner of such building, such workman and
contractor shall, upon conviction thereof, be guilty of a misdemeanor, and shall remove
said service pipe from the main. Failure to do so on twenty four (24) hours' notice shall be
obligation to the City for cost incurred by it for such removal.
704.904 Use Confined To Premises: No person shall permit water from the City water supply
system to be used for any purpose except upon his or her own premises.
704.1000: WATER RATES; WATER TOWER CHARGE; DELINQUENCY:
704.1001 Rates
(1) Effective February 1, 2005, the water utility rates and capital facility charge shall
� be determined annually by the City Council and set forth in u�� roforonno +,. the
Official City Fee Schedule. (amd. Ord. 02-19, pub. 12/7/02; amd. Ord. 04-02,
pub. 1/10/04; amd. Ord. 105-02, pub 3/5/05).
(2) A minimum charge for water as set forth in the ��� +"° n��^;^�Official City Fee
Schedule shall be imposed per . �r +,�,,, ��� mnn}h billing
period per user ��h��� "� m��� €a,r se�aer-_a�-�aa�e� (amd. Ord. 105-02, pub
3/5/05)
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City of Prior Lake
704/p6
Public Ways & Property
704.1002 Water Tower Charqe:
'�� The water tower charge shall be determined bv the Citv Council on an annual basis and
set forth in the Official City Fee Schedule. Said fees shall be placed in a fund maintained by the Citv to
accumulate funds for the construction of water storaqe facilities and wells.�„--a�e��.° ����+" �{°°
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704.1003 Billinq and Delinquencv: Water and sanitarv sewer accounts become active as soon
as a meter is picked up from the City and the Citv mav begin billinq immediately. Utilities,
includinq water, , sanitarv sewer, ar�d-�storm sewre�water, and any other utility
services ^° �'��billable bv the City , shall be billed in
the form and at intervals determined by the City. All charges shall be delinauent if thev
are unpaid by the bill due date. Each bill not paid bv the due date shall be charqed a late
pavment penalty of 1.5% per month until paid or until certified to taxes. Utilit�rges
are a lien aqainst the property, and the property owner remains responsible, at all times
for the.payment of the charqes in a timelv manner.
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City of Prior Lake
704/p7
Public Ways & Property
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704.1100: SERVicE PiPES: Every service pipe must be laid in such manner as to prevent rupture by
settlement. The service pipe must be placed no less than seven and one-half feet (7 1/2')
below the surFace and in all cases so arranged as to prevent rupture by freezing. Service
pipes must extend from the curb box to the inside of the building, or if not taken into a
building, then to the hydrant or other fixtures which they are intended to supply.
704 .1200: REPAIR OF LEAKS It shall be the responsibility of the consumer or owner to maintain the
service pipe from the curb box into the house or building. In case of failure upon the part
of any consumer or owner to repair any leak occurring in his service pipe within twenty-
four (24) hours after oral or written notice has been given the owner or occupant of the
premises, the water will shut off and will not be turned on until a fee, determined by the
City Council, has been paid. When the waste of water is likely to result from the leak, the
water will be turned off if the repair is not proceeded with immediately upon the giving of
such notice.
704 .1300: METER REPAIR OR REPLACEMENT If any water meter is damaged, destroyed or rendered
defective by freezing, hot water, neglect, etc. the owner or occupant must pay for the
repair or replacement thereof. In the event that any owner or occupant is chargeable for
the cost of repair or replacement of a meter, the cost of such repair or replacement shall
be paid to the City immediately upon repair or replacement, and be it not so paid, the
water service to the premises shall be terminated.
704.1400: DEFICIENCY OF WATER AND $HUTTING OFF WATER: Th@ Clty Shall nOt be Ilabl@ f01" ally
deficiency or failure in the supply of water to consumers, whether occasioned by shutting
the water off for the purpose of making repairs or connections or by any other cause
whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for fire
fighting, or in making repairs or construction of new works, water may be shut off at any
time and kept shut of so long as may be necessary.
704.1401 Water Emerqencv: The City Manager, acting upon the recommendation of the Public
Works Director, shall have the authority to declare a water emergency and to ban all
outside water use within the City. This ban may be placed in effect only if one or more of
City of Prior Lake
704/p8
Public Ways & Property
the following conditions exist:
• Production of water cannot meet the demand;
• Water in storage is expected to be depleted within twenty-four hours;
• There is a serious malfunction of equipment or facilities.
When a water emergency has been declared, all outside water uses shall be shut down.
The City Manager, or his/her designee, shall contact local newspaper, local
radio/television stations, and any other available means to publicize the water emergency
and to inform the citizens of the total ban on outside water use.
Municipal water customers who have been notified of a violation of this ban, and who
violate the ban a second time, shall be penalized as described under "penalty" in this
section. The watering ban shall be lifted by the City Manager only after conditions improve
and the system returns to normal.
(Ord. 00-10 — pub. 6/24/00)
704.1500: ODD-EVEN SPRINKLING BaN: Lawn or garden sprinkling, irrigation, and other non-
essential outdoor use of the Municipal Water System shall be restricted to an odd/even
system in conjunction with a 10:00 a.m. to 5:00 p.m. ban effective May 1 through October
1. Residents with an odd-numbered house number (1, 3, 5, 7, and 9) may water lawns or
use an outside hose, when necessary, before 10:00 a.m. and after 5:00 p.m. only on odd-
numbered calendar days. Residents with an even-numbered house number may water
lawns or use an outside hose, when necessary, before 10:00 a.m. and after 5:00 p.m.
only on even-numbered calendar days. This applies to all municipal water users.
704.1501 The following activities are exempt from the odd/even and daytime watering restrictions:
• Hand held hose watering of vegetable/flower gardens, flower pots, hanging baskets,
car washing and general use of a power washer.
• City athletic complexes: Ponds, Ryan and Lakefront Park.
• Landscaping, including newly seeded or sodded lawns, within the first thirty (30) days
of placement with the use of a watering permit.
• Private wells for irrigation.
• Residents pumping from the lake.
704.1502 Municipal water customers who violate this ordinance are subject to the following
warnings or fines:
• First offense: warning.
• Second offense: $50.00.
• Third offense: $100.00.
• Each subsequent offense fine shall double ($200, $400, $800, etc.) for the same
property owner within the same calendar year.
The fine shall be added to the offender's next water bill.
(amd. Ord. 107-16, publ. 09/29/07)
704.1600: USE OF FIRE HYDRANTS: No person other than an agent, employee or member of the
Water and Sewer, Street or Fire Departments shall operate fire hydrants or interfere in
any way with the City water system. When contractors or individuals wish to use water
from hydrants for construction, they shall make application to the Water and Sewer
Department, which may, upon receipt of application and deposit install a hydrant meter.
City of Prior Lake
704/p9
Public Ways & Property
704.1700: PRIVATE WATER SUPPLIES: NO water pipe of the City water supply system Shall b2
connected with any pump, well or tank that is connected with any source of water supply
and when such are found, the Inspector shall notify the owner to disconnect the same,
and if not done immediately, the public water supply shall be turned off. Before any new
connection to the City system is permitted, the Inspector shall ascertain that no cross
connections wiil exist when the new connection is made. It is to be specifically
understood that water from private sources, when a public supply is available, cannot be
used for any purpose within the City limits, except for outside uses and one faucet per
residential dwelling unit.
704.1800: BACKFLOW PREVENTERS: NO Wat2t' plpe fl'01'1'1 the City water supply system shall be
connected to any source of possible contamination without an approved backflow
preventer. Required backflow prevents are listed in the Minnesota State Plumbing Code.
If a possible source of contamination is found connected to the City water supply, the
Inspector shall notify the owner, lessee or occupant to make the proper corrections and if
not done immediately, the public water supply shall be turned off. Before the water is
turned on, the Inspector shall ascertain that the connection meets the Minnesota State
Plumbing Code to prevent possible contamination of the public water supply.
It shall be the responsibility of any owner, lessee or occupant to have all reduced pressure
zone and double check valve-type backflow preventers tested annually. All testing must
be done by individuals who are accredited by the Minnesota Department of Health. A tag
shall be affixed to each backflow preventer showing the date and the name of the tester
along with his/her accreditation number. In addition to the required tag, a copy of the test
results shall be submitted to the Building Inspection Department of the City.
704.1900 Discontinuance and Certification.
704.1901 Discontinuance.
_ (1) Water service may be shut off or discontinued whenever it is found that:
________ _a) The owner or occupant of the premises served or any person working on any
connection for the premises served with the municipal utility systems has violated
anv requirement of the City Code relative thereto, or anv connection therewith;�-
�__ �_ b) Anv charqe for a municipal utility service or any other financial obliqation
imposed on the present owner or occupant of the premises served is unpaid after
due notice thereof;.-
_ c) There is fraud or misrepresentation by the owner or occupant in connection
with anv application for service or deliverv or charqes therefor;—e�
�__ _ d) There is a health or safety concern related to the water or sanitary sewer
systems; or-
e�) The owner or occupant of the premises served by the Citv's municipal water
City of Prior Lake
704/p 10
Public Ways & Property
service fails (a) within 10 days after written request by the City to the owner or
occupant to provide a time, within 30 days of the written request, to permit entrv
into the premises by the City, its employees or contractors, durinq normal workinq
hours for the purpose of repairinq, replacinq, modifyinq or equippinq the
premises' water meter or the equipment for the readinq of the meter, or (b) to
permit entry into the premises bv the City its employees or contractors to repair,
replace modify or equip the water meter or the equipment for the readinq of the
meter at and durinq the time provided.
__v____________�_Water service shall be shut off at the stop box. The City shall qive the occupant of
the premises �"^�� f�r�+ hn�io hoon nivon Written notice, delivered by se#+�ie�-mail,
statinq the reason for the shut-off, the required cure, and that if the cure is not
completed before a dav stated in the notice, but not less than five davs after the
date on which the notice a�sis qiven, the water to the premises will be shut off. If
water service is terminated by the City for any reason, a water shut-off charqe#e�
, as identified in the Official Citv Fee Schedule will be charqed
for turninq on said water service, �°^���er �^��Ts
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704.1902 Certification with Taxes. All charqes and payments provided for herein are the primarv
responsibilitv of the owner of the premises served and all such charqes and pavments
shall be a lien upon the property. Delinquent charqes-e�pa�y�ea�s, includinq late
payment penalties, shall be certified to the County Auditor to be paid with property taxes.
The Finance Director shall determine the certification amounts for each property, includinq
the applicable interest rate as set forth in the Special Assessment �Policv, -and the
delinquent assessment administrative charqe-fee set by the Official City Fee Schedule.
The owner of the property shall be qiven written notice statinq the amount due, -aa�the
date by which pavment �4lmust be made to avoid certification, . T—�;QRse °"°'�f,�
, the �iea��time, date, and
^'�location of the hearing where the City Council will consider certification„ ^^��
, and the interest rate on the certification.
The amounts shall be certified to the Countv Auditor for collection, in accordance with
M.S. § 444.075, as it may be amended from time to time, alonq with propertv taxes.
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City of Prior Lake
704/p 11
Public Ways & Property
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704 .2000: PENALTY Any person violating any provision of this Section shall, upon conviction
thereof, s�al�-be guilty of a misdemeanor and s#�al�be punishable in accordance with the
penalties established by Minnesota Statute Section 609.02 as may be amended. be
e�e-ee�ing separate offense shall be deemed committed for each day
the violation shail continue__ person violating any of the provisions of this
Section shall become liable to the City for any expense, loss or damage incurred
^^^��6o^�a�-the City by reason of such violation.
This space intentionally left blank.
City of Prior Lake
704/p 12
SECTION 705
CITY SANITARY SEWER SYSTEM
SUBSECTIONS
705.100: SUPERVISION OF SYSTEM
705.200: DEFINITIONS
705.300: SEWAGE DISPOSAL
705.400: CONNECTION TO CITY�S SYSTEM
705.500: CONNECTION PERMITS
705.600: PAYMENT OF PERMIT FEES
705.700: TAPPING MAINS; CHARGES
705.800: PROPERTY ASSESSMENTS
705.900: SEWER USE RATES; DELINQUENCY
705.1000: SEWER SERVICE AVAILABILITY AND SAC CHARGES
705 PERMITS, LICENSES, FEES, BOND AND INSURANCE
705.1200: PRIVATE SEWER DISPOSAL
705 INDEPENDENT SYSTEMS
705 TYPES OF WASTE PROHIBITED
705 DISCHARGE OF SURFACE WATERS PROHIBITED
705 CERTAIN CONNECTIONS PROHIBITED
705.1700: TAMPERING WITH SEWER SYSTEM
705.1800: ENTRY UPON PRIVATE PROPERTY
705 PUBLIC RIGHT OF WAY RESTORED
705.2000: INDUSTRIAL USER SEWER STRENGTH CHARGE
705.2100: VARIANCES
705.2200: PENALn
705.100: SUPERVISION OF SYSTEM: The entire Municipal sanitary sewer system shall be
operated as a public utility and convenience from which revenues will be derived, subject
to the provisions of this Section. The Plumbing Inspector shall supervise all sewer
connections made to the Municipal sanitary sewer system and all excavations for the
purpose of installing or repairing the same.
705.200: DEFINITIONS: Unless the context specifically indicates otherwise, the meaning of the
terms used in this Chapter shall be as follows:
Sewage: A combination of the water-carried wastes from the residences, business
buildings, institutions and industrial establishments.
Sewer. A pipe or conduit for carrying sewage.
Public Sewer or Municipal Sewer. A sewer in which all owners of abutting properties
have rights and is controlled by public authority.
Industrial Wastes: The liquid wastes from industrial processes as distinct from sanitary
sewage.
Garbage: Solid wastes from the preparation, cooking and dispensing of food, and from
handling, storage and sale of produce.
Public Ways & Property
Building Sewer. The extension from the building plumbing to the public sewer or other
place of disposal.
705.300: SEWAGE DISPOSAL: It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner upon public or private property within the City or in
any area under the jurisdiction of the City, any human or animal excrement, garbage or
other objectionable waste. It shall be unlawful to discharge into any natural outlet within
the City or in any area under the jurisdiction of the City, any sanitary sewage, industrial
wastes or other polluted waters.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
sewage. The owners of all houses, buildings or properties used for human occupancy,
employment, recreation or other purpose, situated within the City and abutting on any
street, alley or right of way in which there is now located or may in the future be located a
public sanitary sewer of the City is hereby required at their expense to install a suitable
toilet facility therein, and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Section, within ninety (90) days after the date of
official notice so to do.
705.400: CONNECTION TO CITY�S SYSTEM: At such time as a Municipal sewer system
becomes available and within a one-year period property served by a private septic
system shall make a direct connection to the public sewer system, in compliance with this
Section.
705.500: CONNECTION PERMITS:
705.501 Any person not a licensed plumber, desiring to consfiruct a septic tank system and/or
make a connection between a Municipal sewer system and a previously installed sewer
facility in a building within the City shall apply to the City Manager for a permit for said
construction. The application shall be submitted on forms furnished by the City Plumbing
Inspector and shall be accompanied by a permit and an inspection fee to be determined
at the discretion of the City Council.
705.502 A connection fee in an amount to be determined annually by the City Council shall be
charged per unit connected. The fees collected as unit connection charges under this
subsection shall be applied towards the maintenance, building, construction,
reconstruction, repair, enlargement or improvement of the Municipal system. The
Municipal system shall mean waterworks systems, including mains, valves, hydrants,
service connections, wells, pumps, reservoirs, tanks, treatment plants, and other
appurtenances of a waterworks system, sewer systems, sewage treatment works,
disposal systems, and other facilities for disposing of sewage, industrial wastes, or other
wastes, and storm sewer systems, including mains, holding areas and ponds, and other
appurtenances and related facilities for the collection and disposal of storm water. (amd.
Ord. 02-04, pub. 4/13/02)
705.503 A detached, single-family dwelling shall be considered as the standard unit. Other users
City of Prior Lake
705/p2
Public Ways & Property
shall be charged in accordance with the number of units connected and in accordance
with the unit charges established by the Metropolitan Waste Control Commission.
705.504 No permit shall be issued unless the applicant has filed with the City Manager a surety
bond in the face amount of five thousand dollars ($5,000.00) running in favor of the City,
saving the City harmless for any loss, damage, cost or expense by reason of any work
performed under this subsection or by reason of improper or inadequate performance or
compliance with the terms of this subsection.
705.505 Subsequent to receiving a permit, written notice of intent to commence construction shall
be given to the City Plumbing Inspector at least twenty four (24) hours before
commencement of construction. If no notice is given, the applicant may be assessed up
to a one hundred dollar ($100.00) administrative charge.
705.506 It shall be the duty of the Plumbing Inspector to inspect the construction regulated by this
subsection and all construction found to be in violation of either State law or City
ordinance shall be corrected by the applicant, and if corrections are not made within a
reasonable time, the Plumbing Inspector may either remove the work done or correct the
violations and he or she may charge the costs of said removal or correction to the
applicant, or the City may effect a partial or complete forfeiture of the applicants surety
bond to pay said costs.
705.507 Any amount due hereunder for sewage charges may be collected in an action brought for
that purpose in the name of the City, or the City Manager may certify to the County
Auditor the amounts due for sewer charges including penalty, together with the legal
description of the premises served, and the County Auditor shall thereupon enter such
amount with the tax levy on said premises collectible with the taxes for the next ensuing
year.
705.600: PAYMENT OF PERMIT FEES: Any property owner who is obligated to pay permit fees
under this section shall do so at the time of permit issuance. Any person obliged to
pay sewer connection charges may do so as follows:
(1) Payment in full of all sewer connection charges at the time of permit issuance; or
(2) If the person meets the eligibility requirements of City of Prior Lake's Sewer and
Water Fee Deferral Program Policy, deferred monthly payment of up to eight (80)
percent of the fees due within sixty (60) consecutive months from permit issuance
as follows:
a. Fees of at least three (3) and no more than ten (10) SAC units (units shall be as
set by the Metropolitan Waste Control Commission and for the purposes of
deferral shall be measured prior to application of available credits):
1. At least twenty (20) percent of the total sewer connection charges shall be
paid at the time of permit issuance.
2. The remaining balance shall be repaid utilizing the city's automatic monthly
pay system in equal increments for up to sixty (60) consecutive months from
the date of permit issuance.
3. The interest rate on the unpaid balance shall be the rate set forth in the
Metropolitan Council Small Business SAC Deferral Program for the year the
permit is issued.
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705/p3
Public Ways & Property
4. Deferred balance shall be secured by the property owner in the form of a
special assessment agreement in a form acceptable to the City Attorney
executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section for a
period of at least sixty (60) days the remaining balance plus interest and
applicable fees shall become immediately due and payable. The balance
plus interest shall be assessed against the property in accordance with the
terms of the assessment agreement. In no event shall the payments under
the assessment agreement extend for a period of more than 12 months
beyond the initial 60 month period of the deferral.
b. Fees greater than ten (10) SAC units (units shall be as set by the Metropolitan
Waste Control Commission and for the purposes of deferral shall be measured
prior to application of available credits):
1. At least twenty (20%) of the total sewer connection charges shall be paid at
the time of permit issuance.
2. The remaining balance shall be repaid utilizing the city's automatic monthly
pay system in equal increments for up to sixty (60) consecutive months from
the date of permit issuance.
3. The interest rate on the unpaid balance shall be determined using a rate of
two (2) percentage points higher than the net interest cost of the most
recent bonds sold by the city.
4. The deferred balance shall be secured by the property owner in the form of
a special assessment agreement in a form acceptable to the City Attorney
executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section for a
period of at least sixty (60) days the remaining balance plus interest shall
become immediately due and payable. The balance plus interest and
applicable fees shall be assessed against the property in accordance with
the terms of the assessment agreement. In no event shall the payments
under the assessment agreement extend for a period of more than 12
months beyond the initial 60 month period of the deferral.
(Ord. amd. 113-04, publ. 02/16/13)
705.700: TAPPING MAINS; CHARGES: A charge shall be made and collected for tapping sewer
mains where a service lead was not previously installed. This charge is to be paid at the
time of making application and is as follows:
4" service $100.00
6" service, or larger, shall be installed by contractor by permit from the City
Engineer.
705.800: PROPERTY ASSESSMENTS: No permit shall be issued to tap or connect with any
sewer main either directly or indirectly from any lot or tract of land unless:
(1) Such tract or lot to be served by such connection has been assessed for the cost with
which the connection is to be made, or
City of Prior Lake
705/p4
Public Ways & Property
(2) If no assessment has been levied for such construction cost, that proceedings for levying
such assessment have been made or will be commenced in due course, or
(3) If no assessment has been levied, and no assessment proceedings will be completed in ,
the due course, but a sum equal to the cost of said utility improvements shall have been
paid to the City as determined by the City Council, not to exceed benefit to the property.
705.900: SEWER USE RATES; DELINQUENCY: The rates of sanitary sewer systems shall be as
follows, and said rates shall be for a two (2) month period and are applicable to those
users connected to both Municipal water and sanitary sewer system:
I 705.901
Rates
(amd. Ord. 105-02, pub. 3/5/05)
1�_ Effective February 1, 2005, the sewer utility rates which shall consist of the Citv sewer
rate plus t he Met Council sewer rate, - and the capital facilitv charqe shall be determined
annually by the City Council and set forth in the u�- r°f°r°^^° +^ +"° Official City Fee
Schedule.
�}2) A minimum charqe for sewer as set forth �in the �##isia40fficial Citv Fee Schedule shall
be imposed per billinq period per user h II ho .,-,.,,�o f,.r o�.,or �n.+ ��rn}er
�-} The charqe for sewer usage for each billinq cycle for bills issued in June, Auqust,
October and December (actual usaqe March 21 throuqh November 20) shall not
exceed one hundred and fiftypercent t150%) of the averaqe charqe for sewer
usage for the bills issued in February and April (actual usaae November 21
through March 20� �ar��✓-r�-,�ra�
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other related outside water usage, which does not flow into the sanitary sewer system.
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4) The sewer rates for sanitary sewer system users not connected to the Municipal water
s sy tem a�shall be determined annually by the City Council and set forth in the �
��f°r�,��e--#�a�Official City Fee Schedule f� "^�� r n^+ ^� +„ +ho �n. ,n.�,���
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705.902 Billinq and Delinquencv: Water and sanitarv sewer accounts become active as soon
as a meter is picked up from the CitYand the City may beqin billinq immediatelv. Utilities,
includinq water sanitary sewer at�d storm �°��;�rater, and any other utilitv
City of Prior Lake
705/p5
Public Ways & Property
services a�-�eeme� billable by the Citv-e�-�� ,-shall be billed in
the form and at intervals determined by the Citv. All charges shall be delinquent if thev
are unpaid bv the bill due date. Each biil not paid bv the due date shall be charqed a late
pavment penalty of 1.5% per month until paid or until certified to taxes. Utility charqes
are a lien aqainst the propertv, and the property owner remains responsible, at all times,
for the payment of the charges in a timely manner.
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705.903 Separate Meterinq: Effective as of January 15, 1985, in the event any commercial or
industrial customer located within the City has its own water source separate from the City
system, said commercial and/or industrial customer shall be permitted to install a separate
meter for measuring the sanitary sewer system usage.
705.1000: SEWER SERVICE AVAILABILITY AND SAC CHARGES:
705.1001 Unused Capacitv Reserve: The Metropolitan Sewer Board has determined to reserve
unused capacity in the metropolitan disposal system each year commencing in 1973 for
local government units in which new building to be connected to the system and new
City of Prior Lake
705/p6
Public Ways & Property
connections to the system are commenced during each year; and to allocate the debt
service costs of such unused capacity for the year among such local government units as
provided in Exhibit "A" adopted herein by reference, and on file in the office of the City
Manager. In order for the city to pay such costs allocated to it each year, it will be
necessary to establish sewer service availability and connection charges for all buildings
to be constructed or connected to the metropolitan disposai system on or after January 1,
1973.
705.1002 Establishment Of Charqes: For the purpose of paying costs of reserve capacity
allocated to the City each year by the Metropolitan Sewer Board, there is hereby
established a charge for:
(1) The availability of treatment works and interceptors comprising the metropolitan disposal
system; and
(2) Connections, direct and indirect, to the metropolitan disposal system.
The charge imposed on each building or structure in the City, and each connection to the
metropolitan disposal system directly or through the City's system, inside any sewer
service area established by the Metropolitan Sewer Board, construction of which
commenced on or after January 1, 1973. The charge shall be payable upon the issuance
of a building permit or a connection permit, as the case may be, but no charge shall be
due upon the issuance of a connection permit if a charge was paid upon issuance of a
building permit. The charge for each building or structure shall be equal to the number of
units of sewage volume which it will discharge, multiplied by the following:
$275.00 for 1973 $425.00 for 1982 $650.00 for 1992 for 1987
$300.00 for 1974 $425.00 for 1983 $700.00 for 1993
$325.00 for 1975 $425.00 for 1984 $750.00 for 1994
$350.00 for 1976 $425.00 for 1985 $800.00 for 1995
$375.00 for 1977 $475.00 for 1986 $850.00 for 1995
$400.00 for 1978 $525.00 for 1987 $850.00 for 1/1/95-2/29/96
$425.00 for 1979 $525.00 for 1989 $900.00 for 3/1/96-12/31/96
$425.00 for 1980 $575.00 for 1990
$425.00 for 1981 $600.00 for 1991
(3) A unit of sewage volume shall be determined by the Metropolitan Waste Control
Commission (MWCC).
➢ Single-family houses, townhouses and duplex units shall each comprise one unit.
➢ Condominiums and apartments shall each comprise eighty percent (80%) of a
unit.
➢ Mobile homes shall each comprise eighty percent (80%) of a unit.
(4) Other buildings and structures shall be assigned one unit for each one hundred thousand
(100,000) gallons of flow or part thereof which it is estimated they will discharge.
(5) Public housing units and housing units subsidized under any Federal program for low and
moderate income housing shall be counted as seventy five percent (75%) of the unit
equivalent for that type housing.
City of Prior Lake
705/p7
Public Ways & Property
(6) Units existing or for which building permits were issued prior to January 1, 1973, shall be
counted as one-half (1/2) the unit equivalent for that type of housing, if connected to the
metropolitan disposal system prior to January 1, 1974, and shall be counted at the fuil rate
thereafter.
(7) Payment for SAC units shall be made prior to the issuance of the permit or pursuant to
City Code Section 705.600 the City policy on deferral of SAC, Water, Sewer and Water
Tower Charge Policy adopted on February 11, 2013 and any subsequent amendments
thereto.
(Ord. amd. 113-04, publ. 02/16/13)
705.1003 Administration: The City Clerk or Assistant shall prepare or revise building permit or
sewerage connection permit application forms to provide information necessary for the
computation of the number of units assignable to the building or structure in question, and
shall collect the applicable charge before issuance of a permit. The Clerk or Assistant
shall make such information available to the Sewer Board, upon request. If, upon filing a
report covering such permit with the Metropolitan Sewer Board, the Board determines that
a greater number of units is assignable to the buifding or structure in question, any
additional amount of cost allocated to the City as a result shall be paid by the person or
company to whom the permit was granted.
. ,
,
705.1100: PERMITS, LICENSES, FEES, BOND AND INSURANCE:
705.1101 Any person desiring to make connection to the Municipal sanitary sewer system or install
a private sewer system shall apply to the City for a permit for such construction. The
application shall be submitted on blanks furnished by the Plumbing Inspector and shall be
accompanied by plans, specifications and such other information as is desired by the
Plumbing Inspector, together with a permit and inspection fee determined by the City
Council.
All costs and expenses incident to the installation and connection shall be borne by the
owner and the owner shall indemnify the City for any loss or damage that may directly or
indirectly be occasioned by the installation of the sewer connection including restoring
streets and street surfaces.
Any person who shall commence work of any kind for which a permit is required under
this Section, without first having received the necessary permit therefore, shall, when
subsequently securing such permit, be required to pay double the fees provided by this
Section for such permit and shall be subject to all the penal provisions of this Section.
705.1102 Permits shall only be issued when the applications show that the work is to be done by
persons who have been duly licensed by the City to engage in the business of sewer
City of Prior Lake
705/p8
Public Ways & Property
installation within the City, who have paid the required fee and filed the bonds and
insurance certificates required under licensing provisions of this Code.
No permit shall be issued until the plumbing in the building to be served is inspected by
the Plumbing Inspector and altered, if necessary, to conform to the Minnesota Plumbing
Code, to the extent necessary to permit a proper and safe connection to the Municipal
sanitary sewer system.
Upon completion of the work, a copy of the permit shall be signed and dated by the
licensed individual or firm making the sewer installation and delivered to the Plumbing
Inspector at the time of final inspection of the work. The Plumbing Inspector shall sign the
permit to show that the work and material conform to the City ordinances. The permit
shall also be filled out showing the kind and size of pipe, the kind of joint used, the length
of the building sewer connection, the depth at the street, the depth at the house, the
distance from either side of the house where the connection is made to the house
plumbing, and any other information listed on the permit form or required by the Plumbing
Inspector.
705.1200: PRIVATE SEWER DISPOSAL: Where a public sanitary sewer is not available, the
building sewer shall be connected to a private sewage disposal system complying with
the provisions of this subsection. No private sewage disposal system shall be installed
without a permit issued by Scott County.
At such time as public sewer becomes available to the property served by a private
sewage disposal system, and within a one year period, a direct connection shall be made
to the public sewage in compliance with this Section, and any septic tanks, cesspools and
similar private sewage disposal facilities shall be abandoned, pumped and filled with
suitable material. The Minnesota Plumbing Code is hereby adopted by reference.
(amd. Ord. 99-13 - pub. 10/9/99)
705.1300: INDEPENDENT SYSTEMS: The drainage and plumbing system of each new building
and of new work installed in an existing building shall be separate from and independent
of that of any other building.
705.1400: TYPES OF WASTE PROHIBITED:
� 70-�5.1401 Except as hereinafter provided, it shall be unlawful to discharge any of the following
described waters or wastes into the Municipal sanitary sewer system:
(1) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) F.
(2) Any water waste containing more than one hundred (100) parts per million by weight of
fate, oil or grease.
(3) Any gasoline, benzine, naphtha, fuel oil or other inflammable or explosive liquid, solid or
gas.
City of Prior Lake
705/p9
Pubiic Ways & Property
(4) Any garbage that has not been shredded so that the garbage particles are smaller than
one-half inch ('/2) in their largest dimension.
(5) Any ashes, cinders, sand, mid, straw, shavings, metal, glass, rages, feathers, plastic,
wood, paunch manure or any other solid or viscous substance capable or causing
obstruction to the flow in sewers or other interFerence with the proper operation of the
sewage system.
(6) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to
injure or interFere with any sewage treatment process or which constitutes a hazard to
humans or animals or creates any hazard in the receiving waters of the sewage treatment
plant.
(7) Any waters or wastes containing suspended solids of such character and quantity that
unusual attention or expense is required to handle such materials at the sewage
treatment plant.
(8) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(9) Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing
Inspector, they are necessary for the proper handling of liquid wastes containing grease in
excessive amounts or any inflammable wastes, sand or other harmful ingredients; except
that such interceptors shall not be required for private dwelling units which discharge only
normal wastes therefrom. Such grease and oil interceptors shall be of substantial
construction, watertight and equipped with easily removable covers which, when bolted in
place, shall be gastight and watertight. All grease, oil and said interceptors shall be
maintained by the owner, at his expense, in continuously efficient operation at all times.
705.1402 The admission into the public sewers of any water or wastes:
(1) Having a five-day Biochemical Oxygen Demand greaterthan three hundred (300) parts
per million by weight, or
(2) Containing more than three hundred fifty (350) parts per million by weight of suspended
solids, or
(3) Containing any quantity of substances having any characteristics described in
subsections 705.1402(1) through (9), or
(4) Having an average daily flow greater than two percent (2%) of the average daily sewage
flow of the Municipal sewer system shall be subject to the review and approval of the City
Engineer. The owner shall provide, at his expense, such preliminary treatment as may be
necessary to:
➢ Reduce the Biochemical Oxygen Demand to three hundred (300) parts per million
and the suspended solids to three hundred fifty (350) parts per million by weight,
or
➢ Reduce objectionable characteristics or constituents to within the maximum limits
provided for in subsection 705.1402(1) through (9), or
➢ Control the quantities and rates of discharge of such waters or wastes. Plans,
City of Prior Lake
705/p 10
Public Ways & Property
specifications and any other pertinent information relating to proposed preliminary
treatment facilities shall be submitted for the approval of the City Council and of
the Water Pollution Control Commission of the State of Minnesota, and no
construction of such facilities shall be commenced until said approvals are
obtained in writing.
705.1403 Where preliminary treatment facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner, at his
expense.
705.1404 The owner of any property served by a building sewer carrying industrial wastes shall
install a suitable control manhole in the building sewer line to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required, shall be
accessible and safety located, and shall be constructed in accordance with plans
approved by the City Engineer. The manhole shall be installed by the owner at his
expense, and shall be maintained by him so as to be safe and accessible at all times.
705.1405 All measurements, tests and analyses of the characteristics of water and wastes, to which
reference is made in subsections 705.1401 and 705.1402 shall be determined in
accordance with the methods employed by the Minnesota Department of Health, and
shall be determined at the control manhole provided for in subsection 705.1404, or upon
suitable samples taken at said control manhole. In the event that no special manhole has
been required, the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer is connected.
705.1406 No statement contained in this subsection shall be construed as preventing any special
agreement or arrangement befinreen the City and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted by the City for
treatment, subject to payment therefore by the industrial concem.
705.1407 It shall be unlawful to discharge into the Municipal sanitary sewer system any industrial
wastes unless the prior approval of the Plumbing Inspector is obtained. The Plumbing
Inspector shall approve the discharge of industrial wastes when, in his opinion, the
proposed wastes will not be of any unusual amount or character.
705.1500: DISCHARGE OF SURFACE WATERS PROHIBITED: It shall be unlawful to discharge
or cause to be discharged into the Municipal sewer system, either directly or indirectly,
any roof, storm, surface or ground water of any type or kind. No water shall be
discharged from any air conditioning unit or system either directly or indirectly into the
Municipal sanitary sewer system without prior written approval of the City Engineer.
Separate charges shall be made in case that air conditioning waters shall be discharged
into the sewer system and said charges shall be based upon the amount of water
discharged into said sewer system and the amount so discharged shall be measured by a
metering device installed for that purpose and approved by the City Engineer. Said
charge shall be in addition to those provided in subsection 706.500.
Structures which require, because of the infiltration of water into basements, crawl
spaces, and the like, a sump pump discharge system shall have a permanently installed
discharge line which shall not at any time discharge water into the sanitary sewer system.
City of Prior Lake
705/p 11
Public Ways & Property
A permanent installation shall be one which provides for year-round discharge capability
to either the outside of the dwelling, building, or structure, or is connected to the City
storm sewer or discharges through the curb and gutter to the street. It shall consist of a
rigid discharge line, without valving or quick connections for altering the path of discharge,
and if connection to the City storm sewer line, include a check valve and an air gap
located in a small diameter structure as shown in the City's standard plates.
Disconnection: Any person having a roof, surface, ground water sump pump, footing tile,
or swimming pool now connected and/or discharging into the sanitary sewer system shall
disconnect and/or remove same. Any disconnects or openings in the sanitary sewer shall
be closed or repaired in an effective, workmanlike manner, as approved by the City or
their designated agent.
Inspection: Every person owning improved real estate that discharges into the City's
sanitary sewer system shall allow an employee of the City or their designated
representative to inspect the buildings to confirm that there in no sump pump or other
prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their
property, any person may furnish a certificate from a licensed plumber certifying that their
property is in compliance with this Section.
Future Inspections: Each sump pump connection identified will be re-inspected on a
yearly basis in conjunction with the yearly water meter inspection.
New Home Insaections: All new homes shall be required to have their sump pump
system inspected within thirty (30) days of occupancy and a certificate of compliance
completed.
705.1600: CERTAIN CONNECTIONS PROHIBITED: No buildings located on property lying outside
the limits of the City shall be connected to the Municipal sanitary sewer system unless
express authorization therefore is obtained from the City Council.
705.1700: TAMPERING WITH SEWER SYSTEM: No person shall maliciously, willfully or
negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Municipal sewer system.
705.1800: ENTRY UPON PRIVATE PROPERTY: The Plumbing Inspector and other duly
authorized employees of the City or their designated representatives, bearing proper
credentials and identification, shall at reasonable ties be permitted to enter upon all
properties for the purpose of inspection, observation, measurement, sampling and testing
in connection with the operation of the Municipal private sewer system.
Failure to permit an inspection or provide a plumber's certificate creates a presumption
that there is a sump pump and that it is non-compliant. Any person refusing to allow their
property to be inspected for the purpose of determining a sump pump cross-connection to
the sanitary sewer, or refusing to furnish a plumber's certificate within fourteen (14) days
of the date City employee(s) or their designated representatives are denied admittance to
the property, shall immediately become subject to the surcharge hereinafter provided for.
City of Prior Lake
705/p12
Public Ways & Property
Any property found to be discharging clear water into the sanitary sewer system as
prohibited by Section 705-1500 of this Code, shall immediately become subject to the
surcharge hereinafter provided for. Any property found to violate City Code shall make the
necessary changes to comply and furnish proof of the changes to the City.
A surcharge of one hundred dollars ($100.00) per month is hereby imposed and added to
every sewer billing mailed to property owners who are not in compliance with this Section.
The surcharge shall be added every month until the property is in compliance. The
surcharge shall continue to be levied monthly on properties not complying with this
Section. All properties found during yearly re-inspection to have violated this ordinance
shall be subject to the one hundred dollars ($100.00) per month penalty for all months
between the two (2) most recent inspections.
705.1900: PUBLIC RIGHT OF WAY RESTORED: No connection to the Municipal sanitary sewer
system shall be finally approved until all the streets, pavements, curbs and boulevards or
other public improvements thereon have been restored to their former conditions to the
satisfaction of the City Engineer.
705.2000: INDUSTRIAL USER SEWER STRENGTH CHARGE:
705.2001 Recitals: The Metropolitan Waste Control Commission, a metropolitan commission
organized and existing under the laws of the State of Minnesota (the "Commission") in
order to receive and retain grants in compliance with the Federal Water Pollution Control
Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to
impose an industrial user sewer strength charge upon users of the Metropolitan Disposal
System (as defined in Minnesota Statutes, Section 473.121, subdivision 24) to recover
operation and maintenance costs of treatment works attributable to the strength of the
discharge of industrial waste, such sewer strength charge being in addition to the charge
based upon the volume of discharge. In order for the City to pay such costs based upon
strength of industrial discharge and allocated to it each year by the Commission, it is
hereby found, determined and declared to be necessary to establish sewer strength
charges and a formula for the computation thereof for all industrial users receiving waste
treatment services within or serve by the City. Furthermore, Minnesota Statutes, Section
444.075, subdivision 3, empowers the City to make such sewer charge a charge against
the owner, lessee, occupant or all of them and certify unpaid charges to the County
Auditor as a tax lien against the property served.
705.2002 Establishment of Strenqth Charqes: For the purpose of paying the costs allocated to
the City each year by the Commission that are based upon the strength of discharge of al
industrial users receiving waste treatment services within or served by the City, there is
hereby approved, adopted and established, in addition to the sewer charge based upon
the volume of discharge, a sewer charge upon each person, company or corporation
receiving waste treatment services within or served by the City, based upon strength of
industrial waste discharged into the sewer system of the City (the "strength charge").
705.2003 Establishment of Strenqth Charpe Formula: For the purpose of computation of the
strength charge established by subsection 705.2002, there is hereby established,
City of Prior Lake
705/p13
Public Ways & Property
approved and adopted in compliance with the Act the same strength charge formula
designated in Resolution No. 76-172 adopted by the governing body of the Commission
on June 15, 1976, which reads as follows:
(1) Strength Charge Formula:
RSS(SS-SSo) R� (COD-COD
S C F= S R[--------------- +-----------------------]
SS COD
where: SCF = Strength Charge Factor
SR = Strength Phase Ratio (Strength costs to system costs for administrative
and O& M of treatment works)
Rss = Suspended Solids Cost Ratio
R� = Chemical Oxygen Demand Cost Ratio
SS = Suspended Solids Concentration of Discharge (SS>SS
SS = Suspended Solids Concentration of Base
COD =Chemical Oxygen Demand Concentration of Discharge (COD>COD
COD =Chemical Oxygen Demand Concentration of Base
(2) Strength Charge:
SC = (SCF) (V) (TW)
where: SC = Strength Charge
SCF = Strength Charge Factor
V = Volume of Discharge
TW = Treatment Works Unit Cost
Such formula being based upon pollution qualities and difficulty of disposal of the sewage
produced through an evaluation of pollution qualities and quantities in excess of an
annual average base and the proportionate costs of operation and maintenance of waste
treatment services provided by the Commission.
705.2004 Strenqth Charqe Pavment: It is hereby approved, adopted and established that the
strength charge established by subsection 1005.2002 shall be paid by each industrial
user receiving waste treatment services and subject thereto before the twentieth day next
succeeding the date of billing thereof to such user by or on behalf of the City, and such
payment thereof shall be deemed to be delinquent if not so paid to the billing entity before
such date. Furthermore, it is hereby established, approved and adopted that if such
payment is not paid before such date an industrial user shall pay interest compounded
monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance
due.
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City of Prior Lake
705/p14
Public Ways & Property
,
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in4oro f�horonr� riAor r��i n�hor iinilnhlo romorlv
r �.,....��..,�..,...�.,.�..,..�......� _..._. �_�..-�-'-'-----='i'
705.2100: VARIANCES: The City Council may permit variations from the strict application of any of
the provisions of this Section if it is satisfied that there are special circumstances or
conditions affecting the premises for which the variance is requested an that the granting
of such variation will not materially affect adversely the health, safety or general welfare of
public or private property. Any variation permitted under this provision must be noted on
the permit.
705.2200 Discontinuance and Certification.
7045.2201 Discontinuance.
(1) Water service mav be shut off or discontinued whenever it is found that:
a) The owner or occupant of the premises served or anv person workinq on any
� connection- for the premises served with the municipal utilitv svstems has violated
any requirement of the Citv Code relative thereto or anv connection therewith;�
b ) Anv charqe for a municipal utilitV service or anv other financial obliqation
� � imposed on the present owner or occupant of the premises served is unqaid after
due notice thereof;.-
c) There is fraud or misrepresentation b the owner or occupant in connection
with anv application for service or deliverv or charqes therefor;-e�
d) There is a health or safetx concern related to the water or sanitarv sewer
� systems; or
ed) The owner or occupant of the premises served bv the Citv's municipal sanitarv
� sewer system fails (a) within 10 davs after written request bv the Citv to the owner
or occupant to provide a time within 30 davs of the written request, to permit
entry into the premises by the City its employees or contractors, durinq normal
workinq hours for the purpose of repairinq replacinq modifyinq or equippinq the
premises with sanitary sewer sVStem equipment or (b) to permit entrv into the
premises bv the City its emplovees or contractors to repair replace, modifv or
equip the sanitary sewer sVStem equipment.
_ �2� Water service shall be shut off at the stop box. The City shall qive the occupant of
� the premises °hl+ll firo+ h�vo hoon n,"on Written notice delivered bv �e�mail
statin the reason for the shut-off the required cure, and that if the cure is not
completed before a daX stated in the notice but not less than five davs after the
date on which the notice avais qiven the water to the premises will be shut off. If
water service is terminated bv the Citv for any reason, a water shut-off charqe�
n�„�h�o ;n „�„�n� as identified in the Official Citv Fee Schedule will be charqed
City of Prior Lake
705/p15
Public Ways & Property
for turnina on said water service ^���^h'° �^ ��'��^^^ 'f °^n- -���ewr^�
�� irr�orl nn rli irinn n}imo ��hor 4h�+r+ r+nrm�l hi ic�inocc hni ir� � foo oc irlcn4ifiorl in
}h� (lff�n�nl ('`i+�i Coc� Qnho�-7 ilo h�+l� hc nhr.rnor�) 4n 4ho • (�i4v�c ovr�cnc
= - - - -- - -'� - �`-�vnca' :�in��ca To c^� v cr .��+n�P�c�+n.���Y�F
4imo Tho (�`i+ i h�i �eiri4+on roiv� �oo+ frnm �ho
ro.,+ �� ' 4he ..��'�eli�,n,�°c..-r"'i��
7045.2202� Certification with Taxes. All charqes and pavments provided for herein are the primarv
responsibility of the owner of the premises served and all such charqes and pa mrL ents
shall be a lien upon the property. Delinquent charges , includinq late
pavment penalties, shall be certified to the Countv Auditor to be paid with propertv taxes.
The Finance Director shall determine the certification amounts for each property, includinq
the a�plicable interest rate as set forth in the Special Assessment pPolicv, and the
delinquent assessment administrative charqe#ee set by the Official Citv Fee Schedule.
The owner of the propertV shall be qiven written notice statinq the amount due, -at�d-the
date by which pavment musts�all be made to avoid certification, . Tr"e--r�n�^° ch�ll nn4ifii
}hc r�r�r�or��i ��e�ncr nf 4hc rinh4 4n •±nnonl 4ho norFifir�n4ir�n the time, date, and
� Lil {flli VV LIIIVf.�IIVI l
�4aeelocation of the hearinq where the City Council will consider certification, �essi�le
, and the interest rate on the certification.
The amounts shall be certified to the County Auditor for collection, in accordance with
M.S. § 444.075, as it may be amended from time to time, alonq with property taxes.
705.2�300: . ,
, _ .
`"rrrrY'�v"rn"'rr�+rnv��c°e �nr. nir��i. /O(1�?��p��r�c`ru+iz.°—v��°-.iiii,° ch�ll ho rleamoe-1
��cy � .�
� •
PENALTY: AIIV person violatinq any provision of this Section shall, upon conviction
thereof, s#�al�be quilty of a misdemeanor and sbal�be punishable in accordance with the
penalties established by Minnesota Statute Section 609.02 as may be amended. A
separate offense shall be deemed committed for each day the violation shall continue.
Any person violatinq any of the provisions of this Section shall become liable to the City
for any expense, loss or damaae incurred by the City by reason of such violation.
(This Space Intentionally Left Blank
For Future Ordinance)
City of Prior Lake
705/p 16
Public Ways & Property
SECTION 707
STORM WATER MANAGEMENT
SUBSECTIONS
707.100: UTILITY ESTABLISHED
707.200: DEFINITIONS
707.300: STORM WATER MANAGEMENT FEE
707.400: CREDITS
707.500: EXEMPTIONS
707.600: PAYMENT OF FEE
707.700: APPEAL OF FEE
707.800: CERTIFICATION OF DELINQUENT FEES
707.900: STORM WATER MANAGEMENT FUND
707.100: UTILITY ESTABLISHED: A storm water management utility is hereby established
in the City.
707.200: DEFINITIONS: The following words, terms and phrases, when used in this Section,
shail have the meaning ascribed to them in this subsection, except where the
context clearly indicates a different meaning:
Storm Water Management Budget: The annual budget approved by the City
Council for storm water management including planning, monitoring, capital
expenditures, maintenance, land acquisition, personnel and equipment.
Storm Water Management Fee: The charge for each parcel of nonexempt
property in the City for the management of storm water. (amd. Ord. 03-12, pub.
7/26/03).
Utility Factor. The ratio of runoff volume, in inches, for a particular land use, to the
runoff volume, in inches, for a one-third acre residential lot, assuming a four and
two-tenths inch (4.2") (10-year storm) rainfall and Soil Conservation Service (SCS)
"Type B" soil conditions.
City of Prior Lake
707/p1
Public Ways & Property
707.300: STORM WATER MANAGEMENT FEE:
707.301 The utility factors for various land uses are as follows:
Classification Land Use Utility Factor
1 Single-Family Residential 1.00
(SFR) L acre lots)
2 Multiple-dwelling units 1.65
(residential)
3 Business / Commercial 2.07
4 Industrial 1.82
5 Institutional (schools, 1.38
churches and govt. buildings)
Agricultural and conservation zoned areas which have a residential or commercial
bui�ding on the property will be considered an SFR classification and be charged
the SFR unit rate. Planned unit development zoning and government agency
parcels other than the City will be charged at the rate deemed most appropriate for
each individual parcel.
707.302
R^�
-i The storm water management fee for use on storm water facilities shall be
determined by the following steps:
(1) The SFR rate �i�-�-shall be determined annually bv the City Council h„ r°f�TCc
�o t�� and set forth as the storm water charqe on the Official City Fee Schedule.
����� rlotormir�orJ -._� h„ +ho �,+„ r-,,,,.,���. (amd. Ord. 03-12, pub.
7/26/03) .
(2) The per acre fee for all individual parcels other than SFR shall be defined as the
product of the SFR fee based upon a one-third acre lot, the appropriate utility factor
based on land use, and the total acreage of the parcel. (amd. Ord. 03-12, pub.
7/26/03) .
(3) A minimum of one-third acre shall be computed for commercial site locations within
agricultural and conservation land areas.
707.400: CREDITS: The City Council, in its discretion, may adopt policies for adjustment of
the storm water management fee. Information to justify a fee adjustment must be
supplied by the property owner.
City of Prior Lake
707/p2
Public Ways & Property
707.500: EXEMPTIONS: The foilowing land uses are exempt from this storm water
management fee:
➢ Public right of way.
➢ Lakes.
➢ Wetland (with easements dedicated to the City).
➢ Municipal owned property.
➢ Open space (cemeteries, golf courses).
➢ Vacant and unoccupied parcels such as agricultural and conservation
zoned land that does not have a residential or commercial building on the
parcel. (amd. Ord. 03-12, pub. 7/26/03).
707.600: Billinq and Delinquency: T", ��°���m ,,-^� r�,m^�,e�e+��-�-�°�",
�..
+s Utilities,
includinq water �•�°+°� +^,^,°� sanitary sewer, a� storm sevvewater�, and anv other
utility services �c �'�- °��billable by the Citv��Teq��e� h„ c+.,+o �+.,+„+o, shall
be billed in the form and at intervals determined bv the City. All charqes shall be
delinquent if thev are unpaid bv the bil► due date. Each bill not paid bv the due date
shall be charqed a late payment penaltv of 1.5% per month until paid or until
certified to taxes. Utility charqes are a lien against the propertv, and the property
owner remains responsible, at all times, for the pavment of the charqes in a timely
manner.
PAYN4EN=�" -�..)- F- .
� r+nrJ c�h.�ll c�r�on_ +ho �m�i in� .,f +ho foo �11 focc nh�ll ho rlolir�ni ion�
__ c.,.� �Tn.. vrcrrc� crrr�c���arrva. V<.�I�IWNIi
+# .+ra � �r� nirl h i �ho hill rli �o iJn4o �.�nh hi
� ��0% r�or mnn4h i �r��il
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ri�rro� v ��en�����ir�c ro�r��r�oihlo n} �11 +imoe� f�r iho n��imon� �f 4ho foo�
r+ +imo� monrio�� rm �einf� m_�n����,� C #n�l�h�c ir��ininoiJ no
Gti J
� o�orminor) h�i +ho (`it�i /�'ni ir�nil nr��7 innl� �rlor�l �eii4h �ho �ni��or �ne`� _c�t'ni�2r'�ts�atq�
w���.��..,.� ...) .�..� ....� .�.........�. ........ ..........,..�... ...... ...� ..�..�. �...�. ��..... . J __
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���rrvo��� ovic+}in nr r+o��i i i4ilit i c�or�iinoo or�oro4or) 4hrni ilvh #ho i�4ili��i hillin
Tho nhr.rnoo �eiill ho hillor! 4n i i4ili+�i ni �c�Fnmorc �4 ir�+on��lo iJo�orminorJ h�i 4h
� �.` '.nrJ oh'+II r�orif�r 4ho �+mni ir�� nf n�nc� �m 4inn if onr�lir�hl i i�ili4�
}F'q , cvrr•.ra'r'r'r�'crvr�r�c`pprrcofnT
e-#.,rno� +h�+ h",o �ec�ed�s°n��,;;����r��i ---
����� 1.+}��� '1 F.0% nor mnn4h i in�il r»ir�l nr � ir�4il norFifi
4�+vo I I+ili4�e nh^+rrroc e n lior� � �inc� �he r+orFv o r�rr�r�orFv n��iner
�cc$ . �Trr�-crrarac� c rv—a 1���
�+# �+II +imcc f�r 4he r�� mon4 l+f +hc nh�r oc in o 4imo� monncr
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€ �o �eiri44 n I��ii}h 4ho ��i �Ar+nnnor �rir�o�+ +a+ill ha �o�r� ��i �ho (�`i4�i
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City of Prior Lake
707/p3
Public Ways & Property
7 O/ .�@OO. p�R TICIl�ATI(1AI nC nCl IAI/111�IT CGCC� /�II fooc�����-��oin n��
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t _���y_ 4ho n } o h�i �.,h�nh r�n��m�#�c�h 4n n�ir�i
e ' in�}inr� 4ho ho�+rinn 4ho 4imo rJn}o nnrd r�lnnolnn��inn nf 4ho ho�rinn �e�horo #ho
V +cy ('`ni ir�nil �eiill nnncirJo r�ror�n�imon4 r�rn�iicinr�c on��
11A C � AAiI (17� �S
-i -� -� . v�� , cr
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Certification _with Taxes. All charges and pavments provided for herein are the primarv
responsibility of the owner of the premises served and all such charqes and
payments shall be a lien upon the propertLr. Delinquent charqes includinq late
pavment penalties, shall be certified to the County Auditor to be paid with property
taxes. The Finance Director shall determine the certification amounts for each
property, includinq the applicable interest rate as set forth in the Special
Assessment P�olicy, and the delinquent assessment administrative #eecharqe set
bv the Official City Fee Schedule. The owner of the property shall be aiven written
notice statinq the amount due, the date by which payment must be made to avoid
certification, the time, date, and location of the hearinq where the Citv Council will
consider certification and the interest rate on the certification. The amounts shall be
certified to the Countv Auditor for collection, in accordance with M.S. § 444.075, as
it may be amended from time to time, along with propertv taxes.
#-a�te� -vda�e ,
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I 707.8�00: STORM WATER MANAGEMENT FUND: All of the storm water management fee
pursuant to this Section shall be collected and deposited in a separate fund. Said
fund shall show a separate accounting for all collections and expenditures.
City of Prior Lake
707/p4
Public Ways & Property
707.�-99U0: PENALTY: An� person violatinq any provision of this Section shall upon conviction
thereof, sJ��be quilty of a misdemeanor and �#al�be punishable in accordance
with the penalties established by Minnesota Statute Section 609.02 as mav be
amended. A separate offense shall be deemed committed for each dav the
violation shall continue. Any person violatinq any of the provisions of this Section
shall become liable to the Citv for anv expense, loss or damage incurred by the Citv
by reason of such violation.
City of Prior Lake
707/p5