HomeMy WebLinkAbout7A Ordinance Amending Sec 704 & 705 Related to Utility Regulations 0 PRIp4
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4646 Dakota Street SE
'/IN so Prior Lake, MN 55372
RESOLUTION 15-xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 115- AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, On June 8, 2015 the City Council adopted Ordinance 115- 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 and 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. 115- is lengthy.
3. The text of summary of Ordinance 115- , 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 amended City Code will be available for inspection at City Hall or in the Document
Center on the City of Prior Lake Website after June 8, 2015.
PASSED AND ADOPTED THIS 8th DAY OF June 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay 0 0 0 ❑ ❑
Absent ❑ ❑ 0 ❑ ❑
Abstain 0 ❑ ❑ 0 ❑
Frank Boyles, City Manager
Exhibit A
SUMMARY ORDINANCE NO. 115-xx
CITY OF PRIOR LAKE
ORDINANCE NO. 115-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. 115- . The full text will be available for public
inspection after June 8, 2015 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 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 8th Day of June 2015.
ATTEST:
City Manager Mayor
Summary Ordinance to be published in the Prior Lake American on the 13th day of June 2015.
2015 Fees as defined by Section 704
704.200 Availability and Connection Charges due on development
704.200 Trunk Sewer Availability $3,040.00/Acre
704.200 Trunk Water Availability $5,500.00/Acre
704.200 Trunk Storm Availability
Low Density $2,790.00/Acre
High Density $4,600.00/Acre
Commerical/Industrical $5,780.00/Acre
704.200 Sewer Connection $9,000/Connection
704.200 Water Connection $9,000/Connection
704.300 Availabiltiy and Connection Charges due with permit or work
704.301 Sewer Connection $600.00/Connection
704.301 Water Connection $900.00/Connection
704.302 MCES Metro Sewer Availability $2,485.00 per Residenital Equivilacy Unit
704.303 Water Storage Availability Charge $1,000/Connection
704.400 Rates
704.401 Minimum Water $2.50
704.401 Minimum Sewer $2.50
704.402 Water $4.15/1000 gallons up to 25,000
$5.72/1000 gallons over 25,000
704.402 Sewer $2.02/1000 gallons
704.403 Sewer-not on municipal WATER system $25/Billing Cycle
704.405 MCES Sewer $2.16/1000 gallons
704.406 Bulk Water $5/1000 gallons
704.406 Bulk Water Card $5
704.406 Bulk Water Meter Rental $100.00
704.500 Storm Water Rates
Single Familty Residential $13.38/billing cycle
Residential Equivilancy $41.14/acre/RE
704.600 Other Charges
704.601 Capital Facility $10.00/Billing Cycle
NA Intergovernmental Per Agreement
704.602 Industrial User Per MCES
704.603 Water Meter Cost plus 15%
704.603 Pressure Reducer
704.604 Meter Testing Actual Cost
704.605 Water Shut-off
Door Hanger Fee $25.00
Day Time Trip Fee $45.00
Night Time Trip Fee $95.00
704.606 MCES Direct Interceptor Connection Review Charge $1,000.00
704.1000 Fees&Penalties
704.1001 Odd-Even Sprinkling Ban
First Offense Warning
Second Offense $50
Third Offsense $100
Each Subsequent Offense Shall Double
704.1001 Meter Tampering $100.00
704.1001 Late Payment Penalty 1.50%
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
704.1100: SERVICE PIPES
704.1200: REPAIR OF LEAKS
704.1300: METER REPAIR OR REPLACEMENT
704.1400: DEFICIENCY OF WATER AND SHUTTING OFF WATER
704.1500: RESTRICTED HOURS FOR SPRINKLING
704.1600: USE OF FIRE HYDRANTS
704.1700: PRIVATE WATER SUPPLIES
704.1800: BACKFLOW PREVENTERS
704.1900: DISCONTINUANCE OF SERVICE FOR VIOLATIONS
704.2000: PENALTY
704.100: COUNTY REGULATIONS ADOPTED: The City hereby adopts, by reference, the ordinance
Deleted-Scott County adopted by the County of Scott entitled "An Ordinance Regulating the Use of Waters
repealed their water Within the County of Scott," said Ordinance dated August 27, 1974.
ordinances and defers
water regulation to the
Department of Health.
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
705.300 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 official 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.
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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
705.203 make a direct connection to the public water system, in compliance with this Section.
704.400: CONNECTION PERMITS:
704.401 Connection To Stop 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
705.301 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
704.603 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
704.300 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 Charges: A detached, single-family dwelling shall be considered as a standard unit.
704.300 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:
704.301 (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
Detail removed.Part of favor of the City, saving the City harmless for any loss, damage, cost or expense
Building Permit Process
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704/p2
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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)
Detail removed.Part of hours before commencement of construction. If no notice is given, the applicant
Building Permit Process 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
Detail removed.Part of State law or City ordinance shall be corrected by the applicant. If said
BuildingtaiPermit Process 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
705.403 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.
704.406 Tax Levy: Any amount due hereunder for water charges may be collected in an action
704.900 brought for that purpose in the name of the City, or the City Manager may certify to the
County Auditor the amounts due for the charges including penalty, together with a legal
description of the premises served, and the County Auditor shall thereupon enter such
amount with the tax levy of said premises collectible with the taxes with the next ensuing
year.
704.500: PAYMENT OF PERMIT FEES: It is hereby ordained that any property owner of the City who
is obligated to pay permit fees under this Section shall have the right to make said
Outdated. payments over a period of three(3) years, and payments shall be made as follows:
Program retired.
(1) The first payment shall be one-fourth (1/4) of the total amount due under this
Section and shall be paid at the time the permit is secured.
(2) The next payment shall be due on August 1st next following the date of issuance
of the permit and each August 1st thereafter until all three (3) payments have
been made.
(3) Interest shall be at the rate of eight percent (8%) per annum on the unpaid
balance.
(4) In the event of default in any of the payments as prescribed above, it is
understood that the entire balance due and owing to the City shall be assessed
upon the property taxes the following year subject to an eight percent (8%)
interest charge.
(5) It is further understood that any person seeking benefit of this time schedule
waives the right to any public hearing on the assessment, and said persons shall
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sign a waiver of notice of hearing of assessment at the time of application for the
permit.
704.600: TAPPING MAINS; CHARGES: A charge shall be made and collected for tapping water
Outdated,detail mains where a curb box and service lead was not previously installed. This charge is to
removed 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.
704.601 Street Repair Charge: When installation of service connection requires excavation of the
705.301(1a) 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 Tapping: 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
705.301(la) 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
705.301(1a) 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 OF MAINS PROHIBITED: No person except authorized agents or employees of the
705301(la) City shall tap any distributing main or pipe of the City water supply system or insert stop
cocks or ferrules therein.
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:
Outdated,detail
removed (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
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704/p4
Public Ways&Property
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
the property.
704.900: WATER USE RESTRICTIONS:
704.901 Turning on Water: No person, except an authorized City agent or employee shall turn
705.301(1) 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 Supply 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
705.201 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
Detail removed and become useless for further service, shall be disconnected at the main by the City unless
included in Public waived by the City Engineer, and all pipes and appurtenances removed shall become the
Works Design Manual 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
Detail removed 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:
704.400 (1) Effective February 1, 2005, the water utility rates and capital facility charge shall
be determined annually by the City Council by reference to 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 of five dollars ($5.00) per two (2) month billing period per user
shall be made for sewer and water. (amd. Ord. 105-02, pub 3/5/05)
(3) There will be a delinquency charge of ten percent (10%) on any bills which are
delinquent within the terms of this Section. (amd. Ord. 105-02, pub 3/5/05)
704.1002 Water Tower Charge:
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Public Ways&Property
(1) The water tower charge shall be determined on an annual basis in accordance
704.303 with a fee schedule effective January 1 of each year as determined by the City
Council. The following fee schedule is effective through calendar year 1996:
$150.00 for 1973 $250.00 for 1984
150.00 for 1974 250.00 for 1985
150.00 for 1975 250.00 for 1986
150.00 for 1976 250.00 for 1987
150.00 for 1977 350.00 for 1988
150.00 for 1978 350.00 for 1989
150.00 for 1/1/79- 7/31/79 400.00 for 1990
200.00 for 8/1/79- 12/31/79 400.00 for 1991
200.00 for 1980 500.00 for 1992
200.00 for 1981 500.00 for 1993
200.00 for 1982 600.00 for 1994
250.00 for 1983 700.00 for 1995
700.00 for 1996
Said fees shall be placed in a fund maintained by the City to accumulate funds for
the construction of water storage facilities and wells.
704.1003 Delinquency: Said water system usage bill is delinquent if not paid within ten (10) days
of the date of billing, and the water service of any user may be terminated by the City
704.801 whenever any water bill shall remain delinquent for a period of ten (10) days or more.
If water service is terminated by the City for delinquency in the payment of a water usage
bill or for any other reason, a fee as identified in the Official City Fee Schedule will be
charged for turning on said water service, payable in advance. If said water service is
turned on during a time other than normal business hours, a fee as identified in the Official
City Fee Schedule shall be charged to cover the City's expense for call-back time.
If a water usage bill remains unpaid for a period of ninety (90) days, after it becomes
delinquent, the same shall constitute a lien on the real estate subject to an interest rate of
eight percent (8%) per annum and the City Manager shall forthwith file a lien against the
real estate for the unpaid amount of the bill, notifying by mail the owner of the real estate
of said fact. In the event that it becomes necessary for the City Manager to file such a lien
on the real estate, then and in that event, an additional fee as identified in the Official City
Fee Schedule shall be charged and added to the bill and the lien when filed.
(Ord. Amend. 108-02, publ 5/24/08)
704.1100: SERVICE PIPES: Every service pipe must be laid in such manner as to prevent rupture by
Detail removed, settlement. The service pipe must be placed no less than seven and one-half feet (7
addressed iother 1/2) below the surface and in all cases so arranged as to prevent rupture by freezing.
technical documents 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
705.401 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-
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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
705.504(3) 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 SHUTTING OFF WATER: The City shall not be liable for any
705.801 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 Emergency: The City Manager, acting upon the recommendation of the Public
705.803 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
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-
705.701 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.
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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,
705.702 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:
704.1001 • First offense: warning.
• Second offense: $50.00.
Detail in City Fee • Third offense: $100.00.
Schedule • 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
705.602 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.
704.1700: PRIVATE WATER SUPPLIES: No water pipe of the City water supply system shall be
connected with any pump, well or tank that is connected with any source of water supply
705.403 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 will 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 water pipe from the City water supply system shall be
connected to any source of possible contamination without an approved backflow
Detail removed and preventer. Required backflow prevents are listed in the Minnesota State Plumbing Code.
included in Public If a possible source of contamination is found connected to the City water supply, the
Works Design Manual 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
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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 OF SERVICE FOR VIOLATIONS: The following acts shall be considered
violations for which disconnection of water service is warranted:
705.802
(1) The owner or occupant of the premises served or any persons working on any
pipes or equipment thereon which are connected with the City water supply
system has intentionally violated any of the requirements of the provisions of this
City Code relative to the water supply system or connections therewith.
(2) The owner or occupant of the premises served violates, threatens to violate or
causes to be violated any of the provisions of this Code.
(3) There is fraud or misrepresentation by the owner or occupant in connection with
an application for service.
704.2000: PENALTY: Any person violating any provision of this Section shall, upon conviction
thereof, be punished by a fine not exceeding seven hundred dollars ($700.00) or by
704.1001 imprisonment not exceeding ninety (90) days. A separate offense shall be deemed
committed for each day the violation shall continue, and any person violating any of the
provisions of this Section shall become liable to the City for any expense, loss or damage
occasioned the City by reason of such violation.
This space intentionally left blank.
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704/p9
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
705.1100: PERMITS,LICENSES, FEES, BOND AND INSURANCE
705.1200: PRIVATE SEWER DISPOSAL
705.1300: INDEPENDENT SYSTEMS
705.1400: TYPES OF WASTE PROHIBITED
705.1500: DISCHARGE OF SURFACE WATERS PROHIBITED
705.1600: CERTAIN CONNECTIONS PROHIBITED
705.1700: TAMPERING WITH SEWER SYSTEM
705.1800: ENTRY UPON PRIVATE PROPERTY
705.1900: PUBLIC RIGHT OF WAY RESTORED
705.2000: INDUSTRIAL USER SEWER STRENGTH CHARGE
705.2100: VARIANCES
705.2200: PENALTY
705.100: SUPERVISION OF SYSTEM: The entire Municipal sanitary sewer system shall be
704.101 operated as a public utility and convenience from which revenues will be derived, subject
705.300 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:
705.105
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
Public be deposited in any unsanitary manner upon public or private property within the City or in
Nuisance any area under the jurisdiction of the City, any human or animal excrement, garbage or
Ordinance 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,
705.200 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
705.201 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 construct a septic tank system and/or
make a connection between a Municipal sewer system and a previously installed sewer
705.301 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
705.301(2) subsection shall be applied towards the maintenance, building, construction,
704.300 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
704.301 shall be charged in accordance with the number of units connected and in accordance
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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,
Detail removed.Part of saving the City harmless for any loss, damage, cost or expense by reason of any work
Building Permit Process 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
Detail removed.Part of be given to the City Plumbing Inspector at least twenty four(24) hours before
Building Permit Process 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
Detail removed.Part of subsection and all construction found to be in violation of either State law or City
Building Permit Process 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
704.900 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: It is hereby ordained that any property owner of the City
who is obligated to pay permit fees under this Section shall have the right to make
Outdated. payments over a period of three (3) years, and payments shall be made as follows:
Program retired.
(1) First payment shall be one-fourth (1/4) of the total amount due under this Chapter, and
shall be paid at the time the permit is secured.
(2) The next payment shall be due on August 1st next following the date of issuance of the
permit and each August 1st thereafter until all three (3) payments have been made.
(3) Interest shall be at the rate of eight percent(8%) per annum o the unpaid balance.
(4) In the event of default in any of the payments, as prescribed above, it is understood that
the entire balance due and owing to the City shall be assessed upon the property taxes
the following year subject to an eight percent(8%) interest charge.
(5) It is further understood that any person seeking benefit of this time schedule waives the
right to any public hearing on the assessment, and said persons shall sign a waiver of
notice of hearing of assessment at the time of application for the permit.
(6) Any residential builder constructing a residential unit or units, which are to be offered for
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sale on speculation with a designated purchaser may, upon application to the City,
receive a deferment of water and sewer availability fees until such time as the water is to
be turned on in said residential unit. Then said builder must pay the entire amount.
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
Outdated,detail time of making application and is as follows:
removed
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:
Outdated,detail
removed (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 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
704.400 users connected to both Municipal water and sanitary sewer system:
705.901.1 Rates:
(amd. Ord. 105-02, pub. 3/5/05)
1) Effective February 1, 2005, the sewer utility rates shall be determined annually by the City
Council by reference to the Official City Fee Schedule.
2) The charge for sewer usage for the August, October and December billing cycles shall not
704.404 exceed one hundred and fifty percent(150%) of the average of the February, April and
June billings. 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.
704.801 3) There will be a delinquency charge of 10 percent(10%) on any bills that are delinquent
within the terms of this subsection.
4) The rates for sanitary sewer system usage shall be determined annually by the City
704.403 Council by reference to the Official City Fee Schedule for those users not connected to
the Municipal water system.
704.700 5) All water and sewer bills are the responsibility of the property owner.
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705.902 Delinquency: Said sanitary sewer system usage is delinquent if not paid within ten (10)
days of the date of billing, and the water service of any user may be terminated by the
704.801 City whenever any water or sanitary sewer usage bill shall remain delinquent for a period
of ten (10) days or more.
If a sewer usage bill remains unpaid for a period of ninety(90) days, after it becomes
delinquent, the same shall constitute a lien on the real estate subject to an interest rate of
eight percent(8%) per annum and the City Manager shall forthwith file a lien against the
real estate for the unpaid amount of the bill, notifying by mail the owner of the real estate
of said fact. In the event that it becomes necessary for the City Manager to file such a lien
on the real estate, then and in that event an additional fee of ten dollars ($10.00) shall be
charged and added to the bill and the lien when filed.
705.903 Separate Metering: 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 Capacity Reserve: The Metropolitan Sewer Board has determined to reserve
unused capacity in the metropolitan disposal system each year commencing in 1973 for
Outdated local government units in which new building to be connected to the system and new
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 disposal system on or after January 1,
1973.
705.1002 Establishment Of Charges: For the purpose of paying costs of reserve capacity
allocated to the City each year by the Metropolitan Sewer Board, there is hereby
Outdated 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:
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705/p5
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$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.
(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 full rate
thereafter.
705.1003 Administration: The City Clerk or Assistant shall prepare or revise building permit or
Outdated 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 building 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.
705.1004 Violation: Any person violating any of the provisions of this Section, or neglecting to
704.1002 comply with any order issued pursuant to any subsection hereof, shall be guilty of a
misdemeanor; and a separate offence shall be deemed committed for each day such
violation is permitted to exist.
705.1100: PERMITS, LICENSES, FEES, BOND AND INSURANCE:
705.1101 Any person desiring to make connection to the Municipal sanitary sewer system or install
705.301
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Public Ways&Property
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
Covered by Plumbing installation within the City, who have paid the required fee and filed the bonds and
Code and Building insurance certificates required under licensing provisions of this Code.
Depart.procedures
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
705.302 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.
705.200 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)
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705/p7
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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
705.201 of that of any other building.
705.1400: TYPES OF WASTE PROHIBITED:
701.1401 Except as hereinafter provided, it shall be unlawful to discharge any of the following
described waters or wastes into the Municipal sanitary sewer system:
Restatement of
Met.Council 1) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) F.
Rules.
Removed. 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.
(4) Any garbage that has not been shredded so that the garbage particles are smaller than
one-half inch (%) 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 greater than three hundred (300) parts
per million by weight, or
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(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,
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 between 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 concern.
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
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Public Ways&Property
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,
705.900 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.
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.
Outdated 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.
Outdated 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 Inspections: All new homes shall be required to have their sump pump
Outdated 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.
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705.1700: TAMPERING WITH SEWER SYSTEM: No person shall maliciously, willfully or
705.1000 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
Outdated 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.
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
705.301 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
Regulated by organized and existing under the laws of the State of Minnesota (the"Commission") in
Met Council. order to receive and retain grants in compliance with the Federal Water Pollution Control
Reference Act Amendments of 1972 and regulations thereunder(the "Act"), has determined to
incoporated. 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
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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 Strength Charges: 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 Strength Charge Formula: For the purpose of computation of the
strength charge established by subsection 705.2002, there is hereby established,
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-SS.) Rc°d (COD-COD0)
SCF = SR[ + ]
SS, COD°
where: SCF =Strength Charge Factor
SR = Strength Phase Ratio (Strength costs to system costs for administrative
and 0 & M of treatment works)
Rss = Suspended Solids Cost Ratio
Rc°d = 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°)
CODs=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
City of Prior Lake
705/p 12
Public Ways&Property
annual average base and the proportionate costs of operation and maintenance of waste
treatment services provided by the Commission.
705.2004 Strength Charge Payment: 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.
705.2005 Establishment of Tax Lien: As provided by Minnesota Statutes, Section 444.075,
subdivision 3, it is hereby approved, adopted and established that if payment of the
strength charge established by subsection 1005.2002 is not paid before the sixtieth day
next succeeding the date of billing thereof to the industrial user by or on behalf of the City,
said delinquent sewer strength charge, plus accrued interest established pursuant to
subsection 1005.2004 shall be deemed to be a charge against the owner, lessee and
occupant of the property served, and the City or its agent shall certify such unpaid
delinquent balance to the County Auditor with taxes against the property served for
collection as other taxes are collected; provided, however, that such certification shall not
preclude the City or its agent from recovery of such delinquent sewer strength charge and
interest thereon under any other available remedy.
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
Removed 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: PENALTY: Any person violation any provision of this Section shall, upon conviction
thereof, be punished by a fine not exceeding five hundred dollars ($500.00) or by
704.1000 imprisonment not exceeding ninety(90) days. 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 occasioned by the City by reason of such violation.
City of Prior Lake
705/p13
Public Ways&Property
(This Space Intentionally Left Blank
For Future Ordinance)
City of Prior Lake
705/p14
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4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 8, 2015
AGENDA #: 7A
PREPARED BY: KATY GEHLER, PUBLIC WORKS & NATURAL RESOURCES
DIRECTOR
PRESENTED BY: KATY GEHLER, PUBLIC WORKS & NATURAL RESOURCES
DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 704
AND 705 OF THE PRIOR LAKE CITY CODE RELATED TO UTILITY
REGULATIONS
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of an ordinance
amending Sections 704, 705 and 707 of the City Code relating to the City's
utility systems.
History
Sections 704 and 705 within the City Code currently regulate the City's
waterworks and sanitary sewer systems, respectively. These ordinances
have been in place for several years and have been amended from time to
time to address new regulatory issues or clarify city process.
Recent amendments to the ordinances led to a further review of both utility
sections. In general the ordinances are dated and quite a bit of duplication
exists between sections 704 and 705 regarding permitting, billing and
installation requirements. In some cases this language is contradictory.
Current Circumstances
A full review of the utility sections was completed along with review of several
other peer city ordinances. The following was found:
1. The language was generally outdated. In several cases language was
restated from another regulatory source such as the Building Code,
Metropolitan Council or State Statute. As these regulations are updated, the
City Code language can contradict the current language. In the revision, only
reference to other regulatory documents was made, where practical.
2. In reviewing other City's ordinances, more often than not, they are
organized to have the physical components; requirement for connection,
permitting, metering, etc., for both the water and sewer in one section with
billing, charges and fees in another. Although the water and sanitary sewer
systems serve distinctly different functions, there are similarities on how we
regulate them. The new ordinance language is reorganized to address the
billing, charges, fees, and penalties in Section 704 with the physical
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
components being addressed in Section 705. This includes rolling the
language in Section 707 which defines Storm Water rates, into Section 704.
Staff has proposed draft language to bring Prior Lake's utility ordinances up
to date, reorganize the language to bring like regulatory items together and
simplify the language. City staff has worked with the City Attorney's Office
on the Ordinance language and the City Attorney's Office has reviewed all
proposed revisions.
Most of the existing connection, permitting, and processes will remain
unaltered with the new language. However, this revision provided an
opportunity to address a few issues with some of our current regulations. The
following are new or significantly changed provisions in the ordinances.
1. Fee Definitions: Updated the Rates, Charges, and Fee definitions in
line with the Annual Fee Schedule. Of particular interest is a
relabeling of the Water Tower Fee to Water Storage Availability
Charge. This change is recommended to more accurately reflect how
funds collected are used. In the fee justification report funds collected
from this fee are to be used for storage within the water distribution
system. This may include facilities such as the ground storage
reservoir that was constructed with the Water Treatment Facility.
2. Base Utility Charges: Defines when a parcel will begin incurring base
or minimum utility charges.
3. Definition of "Available" for utility connections: The City has a
requirement that a property must connect to City utilities within 12
months of them becoming available. However, available has not
always been clear. The new provision provides clarity for this
requirement in the City Code.
4. Defined the City's liability for replacing private improvements when
repairing the City's portion of the service connection: The City owns
and is responsible for water service connections up to and including
the individual curb stop or shut-off. Over time these shut-offs have
been located in areas where there are private improvements including
driveways, retaining walls and more significant landscaping. The new
language limits the City's responsibility for repair to just the service
line and curb stop with basic grading and restoration.
5. Locates: Minnesota Rule 7560.0375 was updated in 2005 requiring
public utility providers to locate service laterals within public right-of-
ways. To comply with this language developers and builders have
been required to install a tracer wire that allows the City to locate non-
conductive service laterals. This new provision makes it the
responsibility of the home owner to maintain this wire or take the
responsibility for damage to the line due to the lack of the ability to
properly locate it.
6. Frozen Water services: In 2013-2014 the region experienced a
particularly harsh winter causing a significant number of frozen
service lines. Due to the historic nature of the event many cities were
not prepared from a policy perspective to address the requests
coming in for assistance. The League of Minnesota Cities and the
American Water Works Association have since developed guidance
documents for member organizations to consider so they are
prepared for any future events. The new ordinance language
addresses the new concern and refers to a policy that will be
presented for adoption with the annual update of the City's Public
Works Operations Manual in the fall.
7. Odd/Even Water Restriction for Multi-Family Developments:
Regulating water restrictions for multi-family developments has
always been a challenge. Generally irrigation occurs for several units,
both odd and even, by a central control system. Taking a cue from
neighboring communities, the new language proposes that all
complexes north of an East/West line across the city at 160th Street
(CR 44)water on odd days whereas complexes south of this line water
on even days. As a new provision, outreach will need to be completed
to inform property managers of the amended restrictions. It is
suggested that the 2015 season be used as a transition with
enforcement actions beginning in 2016.
Conclusion
Review and update of Sections 704 and 705 is in line with other updates that
have recently been completed. It is recommended that the proposed
language be adopted updating the City's regulations on water and sewer
infrastructure.
ISSUES: Overtime the existing ordinances have become outdated and unorganized.
The proposed language updates the language, providing clarity to the users.
This update has also allowed the City to address a number of issues with
current regulations.
Not addressed in these ordinance updates are the revisions to the stormwater
ordinances that are a requirement of the City's MS4 stormwater permit.
These revisions will be brought to the Council as a separate item under a
different section of the Code. These ordinances amendments are specific to
stormwater and must address stormwater management, erosion and
sediment control, and illicit discharges.
FINANCIAL If approved, the ordinance amendments provide for a number of limits to the
IMPACT: liability of the City. In particular, the City's responsibility for work on a service
lateral and any restoration work associated with this repair. This work has
been sporadic, however can be quite costly should the City be responsible
for replacing specialized driveways, retaining walls or landscaping that has
been placed over a service lateral/curb stop.
ALTERNATIVES: 1. Motion and second approving an Ordinance amending Sections 704, 705,
and 707, as proposed or with changes specified by the City Council and
Motion and second approving a resolution which approves a summary
ordinance and authorizes its publication.
2. Motion and second denying the proposed ordinance amendments based
on specific findings.
3. Table or continue discussion of the item for a specific purpose.
RECOMMENDED Alternative Number 1.
MOTION:
ATTACHMENTS: 1. Proposed Amendments to Sections 704, 705, and 707.
2. Proposed Summary Publication Resolution
3. Existing Section 704
4. Existing Section 705
5. Existing Section 707
6. Fess as defined in Section 704
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Prior Lake. MN 55372
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CITY OF PRIOR LAKE
ORDINANCE NO. 115-
AN ORDINANCE AMENDING PART 7 OF THE PRIOR LAKE CITY CODE BY AMENDING SECTIONS 704
AND 705 RELATING TO UTILITY REGULATIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 704 is hereby deleted in its entirety and replaced with the following:
Section 704
UTILITY RATES, CHARGES AND FEES
SUBSECTIONS
704.100 PURPOSE
704.200 CONNECTION AND AVAILABILITY CHARGES DUE ON DEVEOPMENT
704.300 CONNECTION AND AVAILABILITY CHARGES DUE WITH PERMIT OR WORK
704.400 WATER AND SANITARY SEWER CHARGES AND RATES
704.500 STORM SEWER CHARGES AND RATES
704.600 OTHER CHARGES
704.700 ACCOUNTS RESPONSIBILITY OF OWNER
704.800 BILLS FOR SERVICE
704.900 CERTIFICATION
704.1000 PENALTY
704.100 PURPOSE
704.101 The rates, charges and fees established by this Part are for the purpose of paying:
1) The operation, construction, reconstruction, maintenance, repair, enlargement,
improvement, use and administrative expenses of the City water, storm sewer
and sanitary sewer facilities, and
2) The City's share, as allocated by the Metropolitan Council, for the operation and
maintenance costs of the metropolitan disposal system and as defined in M.S.
473.121, Subd. 24.
704.102 Use and Availability Charges. The City Council may, as authorized by statute,
impose just and equitable charges for the use and for the availability of the City
facilities and for connection with them. Fee justification studies shall be prepared to
support changes in use and availability fee, except where the fees are established
by Metropolitan Council.
704.103 Annual Fee Schedule. Usage charges, connection charges, storm sewer, sanitary
sewer and water availability charges, permit fees and penalty fees, except those
imposed by special assessments, shall be set forth in the City's fee schedule,
adopted annually by the City Council.
704.200 CONNECTION AND AVAILABILITY CHARGES DUE ON DEVEOPMENT
The City may impose utility connection and availability charges due upon
development. All such fees shall be set forth in the City fee schedule and shall be
in addition to any connection and availability charges imposed by the Metropolitan
Council.
704.300 CONNECTION AND AVAILABILITY CHARGES DUE WITH PERMIT OR WORK
704.301 City Connection Charges. All City sanitary sewer and water connection charges
shall be paid before a permit to connect to the public sanitary sewer or water
facilities will be issued, unless payment is deferred pursuant to the City's deferral
policy. The amount of the connection charge shall be determined by the number of
units that will occupy the property as defined by the Metropolitan Council and based
on the type of land use that will be conducted on the property multiplied by the unit
charge set forth in the City fee schedule.
Upon any change in use of the property the charges shall be recalculated and any
additional charge resulting from the change in use or additional units shall be paid
prior to the issuance of building or connection permits.
704.302 Metropolitan Council. In addition to the City charges, the sanitary sewer
availability charge, as determined by Metropolitan Council, shall be paid prior to the
issuance of any building or connection permits.
704.303 Water Storage Availability Charge. A water storage availability charge shall be
determined by the City Council on an annual basis and set forth in the 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.
704.400 WATER AND SANITARY SEWER CHARGES AND RATES
704.401 Minimum Charges. Minimum charges for the availability of public water and/or
sanitary sewer shall be imposed on properties where water and/or sanitary sewer
facilities are available, regardless of the volume of water used or sewage discharged
or whether the property is connected to the facilities. For purposes of this Section, the
definition of available in Subsection 705.200 shall apply. For properties where water
and/or sanitary sewer become available, the minimum charges will be imposed
beginning on the date of connection or one year from the date such facilities become
available, whichever occurs sooner. The minimum charges shall be set forth in the
City fee schedule and shall be imposed per billing period per account.
704.402 Rates. Rates and charges for the collection and treatment of sewage and for the
treatment and distribution of water shall be established by the Council and set forth
in the City fee schedule. The rates may not exceed an amount reasonably
calculated to cover the cost of the proper maintenance and operation of the
Page 2 of 14
facilities, including the cost of amortization of any indebtedness and a reserve for
capital replacement.
704.403 Users Not Connected to Public Water. Rates and charges for the collection and
treatment of sewage for those properties not connected to public water shall be set
in the City fee schedule.
704.404 Sanitary Sewer Rate Cap. The charge for sanitary sewer usage for each billing cycle
for bills issued in June, 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 sanitary sewer usage for the bills issued in February and April
(actual usage November 21 through March 20). The purpose for this sanitary 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.
704.405 Metropolitan Council. In addition to the City charges, the sanitary sewer use
rates, as determined by Metropolitan Council, shall be imposed per billing cycle.
704.406 Bulk Water Rate. Charges for bulk water shall be set forth in the City fee schedule.
704.500 STORM SEWER CHARGES AND RATES
704.501 Stormwater Management Fee Calculation.
The Stormwater Management Fee is based on residential equivalency factors for
various land uses. The residential equivalency factor is 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 inches (4.2") 10-year frequency
rainfall and USDA Hydrologic Soil Group B. The factors for various land uses are
as follows:
Classification Land Use RE Factor
1 Single-Family Residential 1.00
2 Multiple-dwelling units (residential) 1.65
3 Business / Commercial 2.07
4 Industrial 1.82
5 Institutional (schools, churches and govt. 1.38
buildings)
704.502 Special Circumstances.
(1) Agricultural and conservation zoned areas which have a residential or
commercial building on the property will be considered a single family residential
classification and be charged the single family residential parcel rate.
(2) Property that has been platted or subdivided and has a structure on it will be
charged the single family residential parcel rate.
Page 3 of 14
(3) 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.
704.503 The Stormwater Management Fee shall be determined by the following steps:
(1) The stormwater rate will be periodically determined and set by the City Council.
(2) The Stormwater Management Fee for all single family residential parcels shall
be the product of stormwater rate, the RE factor, and one-third of an acre.
(3) The Stormwater Management Fee for all individual parcels other than single
family residential parcels shall be defined as the product of the stormwater rate, the
RE, and the total acreage of the parcel.
(4) A minimum of one-third acre shall be computed for commercial site locations
within agricultural and conservation land areas.
704.504 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.
704.505 EXEMPTIONS. The following land uses are exempt from the storm water
management fee:
• Public right of way.
• Lakes.
• Wetland (with easements dedicated to the City).
• Municipal owned property.
• Open space (cemeteries, golf courses).
• Property which has been platted or subdivided but does not have a structure on
it.
• Property which has not been platted or subdivided and which does not have a
structure on it, such as agricultural and conservation zoned land.
704.600 OTHER CHARGES
704.601 Capital Facility Charge. A capital facility charge may be imposed for the purpose of
paying for the operation, construction, reconstruction, maintenance, repair,
enlargement, improvement, use and administrative expenses of the City's capital
facilities.
704.602 Industrial User Extra Strength Charges. Each user receiving waste treatment
services within or served by the City for industrial strength waste shall be charged
an industrial strength charge in order to pay the charges allocated to the City by the
Metropolitan Council. The strength charge shall either be billed directly by the
Metropolitan Council to the user, or shall be billed by the Metropolitan Council to
the City and by the City to the user.
704.603 Water Meter Charges. Prior to issuance of a water meter for initial installation or
for replacement or repair due to damage caused by the owner, occupant or tenant,
Page 4 of 14
a water meter charge, and if appropriate a pressure reducer charge, shall be
imposed in the amount set forth in the City fee schedule.
704.604 Meter Testing. Charges for testing of water meters shall be set forth in the City fee
schedule.
704.605 Water Shut Off and Door Hanger. Charges for shutting off or restoring water
services and for door hangers shall be set forth in the City fee schedule.
704.606 Metropolitan Council. In addition to the City charges, fee and charges as
determined by Metropolitan Council shall be imposed.
704.700 ACCOUNTS RESPONSIBILITY OF OWNER
All charges, rates, fines and penalties relating to City utilities are the responsibility
of the property owner regardless of whether the property is subject to a lease or
occupied by a person other than the owner.
704.800 BILLS FOR SERVICE
704.801 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.
704.802 Faulty Meters: If a meter fails to register or accurately measure the water usage,
the water and sanitary sewer charges shall be paid for at the established rate
based upon past average billings as determined by the City.
704.900 CERTIFICATION
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 City fee schedule. The owner of the property shall be
given written notice stating the amount due, the date by which payment shall 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.
704.1000 PENALTY
Page 5 of 14
704.1001 Civil penalties for violations of Sections 704, 705 and 706 shall be set forth in the
City fee schedule. Any violation of Sections 704, 705, or 706 which does not have
a fee associated with it shall be charged to the violator at the cost incurred by the
City in relation to the violation.
704.1002 In addition to the fees set forth in subsection 705.1001, 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.
Section 2. City Code Section 705 is hereby deleted in its entirety and replaced with the following:
Section 705
WATER AND SANITARY SEWER FACILITIES
SUBSECTIONS
705.100 GENERAL
705.200 CONNECTION TO CITY UTILITY FACILITIES
705.300 PERMITS
705.400 RESPONSIBILITY AND MAINTENANCE
705.500 WATER METERS
705.600 BULK WATER AND BULK WATER METERS
705.700 WATER USE RESTRICTIONS
705.800 FAILURE OF FACILITIES AND DISCONTINUANCE
705.900 WASTES PROHIBITED
705.1000 TAMPERING PROHIBITED
705.1100 RIGHT OF ENTRY
705.1200 CONTRACT
705.1300 PENALTY
705.100 GENERAL
705.101 Purpose. The purpose of this Section is to establish regulations for the
construction, management, operation and maintenance of water and sanitary sewer
facilities inside and outside the corporate limits of the City.
705.102 Authority. In accordance with Minnesota Statutes 444.075, as may be
amended from time to time, the City may build, construct, reconstruct, repair,
enlarge, improve, or in any other manner obtain facilities, and maintain and operate
the facilities inside or outside its corporate limits, and acquire by gift, purchase,
lease, condemnation, or otherwise any and all land and easements required for that
Page 6 of 14
purpose. The authority hereby granted is in addition to all other powers with
reference to the facilities otherwise granted by the laws of this state.
705.104 Policies and Procedures. The City Manager, in consultation with appropriate City
Departments, may develop and maintain policies and procedures to implement the
various provisions of this Section.
705.105. Definitions. The definitions in Minnesota Statute Sections 444.075 apply to this
Section, unless specifically stated otherwise. If the statute does not provide a
definition, the plain and customary definition of the word applies. For purposes of
this Section, "facilities" means and includes any and all portions of the City's water
and sanitary sewer systems.
705.200 CONNECTION TO CITY UTILITY FACILITIES
705.201 Mandatory Connection to Public Facilities. Every building, every separately
owned space within a commercial building, every separately owned dwelling unit
within a residential building, and every townhome unit shall have a separately
metered water connection to the public water facilities and a separate sanitary
sewer connection to the public sanitary sewer facilities if such facilities are
available, except as provided in this Subsection 705.200. For purposes of this
Subsection, available means that the primary structure on the property is within 200
feet of the facility; provided however, that the facility shall not be considered
available if the City Public Works Director or City Engineer determines that the
connection is not feasible due to system capacity, topography, financial
considerations or unique engineering circumstances.
705.202 Public Facilities Unavailable. The unavailability of public water and/or sanitary
sewer facilities may support the denial of building permit and/or certificate of
occupancy or a determination by the City that the subdivision is premature. When
making such a determination the City shall consider the size of the proposed
development, existing public or private facilities, and the expected timing of public
facilities becoming available.
705.203 Public Facilities Available.
1) Connections shall be made to the public water and sanitary sewer facilities
within one year of such facilities becoming available, unless the City Public
Works Director or City Engineer determines that an extension is appropriate
due to site conditions.
2) Connections to the public water and sanitary sewer facilities may be delayed for
a period of three years if the existing sewer system is compliant with all current
State, County and City regulations as evidenced by the property owner
providing to the City proof of compliance from the County. Connection can be
further delayed if the sewer system is re-certified every three years from the
original date of certification. If the sewer system is not compliant or the property
owner fails to re-certify the system prior to the expiration of the three year
period, connection to the public facilities shall be made immediately.
Page 7 of 14
705.204 Health Hazard. Notwithstanding anything else set forth in this Subsection 705.200,
owners, occupants and users shall comply with any order issued in regards to the
public water facilities, the public sanitary sewer facilities, a private well and/or a
private sewer system by an appropriate City, State or County official with
jurisdiction, including but not limited to, an order to connect to public facilities
immediately if the private well and/or sewer system creates a nuisance or health
hazard.
705.300 PERMITS
705.301 Connection and Repair Permits Required.
1) No person may make any connection, repair, or alteration to a public sanitary
sewer or water facility, any part thereof, or any facility connected to a public
sanitary sewer or water facility without first receiving a permit from the City.
Applications for permits shall be made on forms provided by the City.
a. Any person tapping into a City watermain, sanitary sewer or storm sewer
shall obtain a Right-of-Way Permit from the City pursuant to Section
701.
b. Any person connecting to a curb stop shall obtain a sewer/water permit
from the City. All applications to connect to a curb stop shall be made,
and all work related to connection to a curb stop shall be performed, by
a master plumber or pipe layer, who shall be licensed by the State of
Minnesota.
c. Any person performing work on a water meter shall obtain a permit as
required by Subsection 705.504 below.
d. Any person, including property owners, performing plumbing work on
private property, which work does not involve tapping into a main,
connecting to a curb stop, or work on a water meter, shall obtain a
plumbing permit from the City. Work Includes but is not limited to water
softener installation, water heater installation, water filter, general piping
and fixture installation, etc.
2) Applicable connection and permit fees shall be paid prior to the issuance of a
permit.
3) Issuance of a permit may be conditioned on the City's review of the subject
property.
4) The permit holder shall notify the City upon completion of the work to allow the
City to inspect the work. It is unlawful to cover any work until the City has
inspected and approved the work.
5) The City may deny a permit if there are unpaid charges, fees, taxes or
delinquent special assessments on the property.
6) All work under a permit shall comply with all applicable federal, state and local
regulations including but not limited to the State Plumbing Code and the City's
Public Works Design Manual.
705.302 Private Water and Sewer Systems, City Certificate and County Permit
Required. No person may install a private water system or a private sewer system
Page 8 of 14
without first obtaining confirmation in writing from the City stating City facilities are
not available and written approval from Scott County. The applicant shall provide
the City with a copy of the approval from Scott County prior to beginning
installation. All work shall comply with all applicable federal, state and local
regulations.
705.400 RESPONSIBILITY AND MAINTENANCE
705.401 Service Lateral Liability
1) Water Service: Except as otherwise provided by written agreement with the
City, after the initial connection of a water line to a property has been made, the
owner, occupant, or user of the property shall be responsible for the
maintenance of the service pipe from the building to the curb stop, excluding
the curb stop. The owner, occupant, or user shall notify the City if a curb stop
needs repair or adjustment. The City shall perform all repairs and adjustments
on curb stops, unless the City Public Works Director determines that the
damage was caused directly by the owner, occupant or user, or their agent or
contractor in which case the owner, occupant or user is responsible for the
repair. The City shall not be responsible for any damage to persons or property
due to the condition or height of the curb stop.
2) City Repairs: Upon completion of work the City shall restore the property back
to grade and shall restore public infrastructure. The owner, occupant or user of
the property shall be responsible for the restoration of any private improvements
including but not limited to driveways, landscaping, retaining walls, etc.
3) Sanitary Sewer Service: Except as otherwise provided by written agreement
with the City, after the initial connection of a sanitary sewer line to a property
has been made, the owner, occupant, or user of the property shall be
responsible for the cleaning, maintenance, repair and replacement of the
service line from the building to the sanitary sewer main, including the wye.
4) Locates: It is the responsibility of the owner, occupant or tenant to ensure that
the water and sanitary sewer service laterals can be located in accordance with
the Public Works Design Manual. If the service laterals cannot be located any
damage to the service laterals is the responsibility of the owner, occupant or
tenant.
5) Frozen Pipes: The owner, occupant, or user of the property shall be
responsible for the repair of all frozen pipes except for the main. The City may
assist with the thawing of frozen pipes pursuant to the City's Water Service
Lateral Thawing Policy.
705.402 Notice of Service Leaks or Failures. Any owner, occupant or user of a premise
who shall discover a leak or failure in a service line shall notify the City within
twenty four (24) hours. Any water wasted due to failure of a person to comply with
this regulation may be estimated by the City and be charged to that person at the
current rate.
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705.403 Private Water Not Permitted in Public Systems. A complete physical separation
shall be maintained between the public water supply and any private water supply
system so that it is impossible for any water produced by a private system to be
introduced into the public system.
705.404 Excavation and Repair Work in the Right of Way. No digging may occur in the
street right of way without first obtaining a Right-of-Way Permit from the City
pursuant to Section 701.700 Right-of-Way Management and complying with all
requirements of said Section.
705.500 WATER METERS
705.501 Meter Reading System. The City has implemented an Automatic Meter Reading
System (AMRS) to measure water usage. The system consists of a water meter
connected to the premise that measures the amount of water consumed on the
premise, meter transmission units also connected on the premise that convey the
value of water measured and Data Collection Units that compile the usage data
from individual premises for use by the Utility Billing Department.
705.502. Water Meter Definition. As used in this Section, water meter means the
components necessary to meter and transmit water usage data from the premise to
the City. The components include but are not limited to the meter horn or yoke,
meter bowl, register, pressure reducing valve, Meter Interface Unit (MIU) or Meter
Transmitting Unit (MTU).
705.503 Water Meter Required. No person may use water conveyed through the public
water system without first installing a water meter specified by the City. Any
unmetered water use shall be estimated by the City and billed to the account at the
current rate.
705.504 Water Meter Regulations.
1) Water meters shall be installed only by master plumbers, who shall be licensed
by the State of Minnesota. The master plumber shall obtain the water meter
from the City and pay the fee set forth in the City fee schedule prior to obtaining
a water meter.
2) Every water meter connected to the public water facilities shall be installed and
sealed by or under the direction of the City. No person shall break the seal on a
water meter except at the direction of the City.
3) The City shall be responsible for the maintenance, repair and/or replacement of
water meters and the related costs; unless the owner, occupant or user is
directly responsible for the damage to the water meter due to freezing, hot
water, neglect or other similar causes, in which case the owner, occupant or
user shall be responsible for the costs. The owner, occupant or user shall notify
the City of the need for any such work.
4) Whenever any seal attached to a water meter is found broken the broken seal
shall be considered prima facie evidence that the seal was broken in violation of
this Section.
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5) All water meters connected to the water system shall be accessible to the City
its employees or agents for inspection and repair upon ten (10) days' notice at
any reasonable hour of any business day. Failure to permit the City access to
the premises to inspect or repair the meter constitutes a violation of this
Section.
6) It is a violation of this Section for any person to physically obstruct a meter or
otherwise interfere or make it difficult to read or repair a meter.
705.505 Testing of Meters. Whenever any person questions the accuracy of a meter and
desires that the meter be tested, the City its employee or agent shall test the meter.
If the meter is found to be accurate, the person who requested the test shall pay a
fee to cover the cost of the test, any related work and any administrative costs.
Such fee shall be set by the City Council in the City fee schedule.
705.600 BULK WATER AND BULK WATER METERS
705.601 Bulk Water. Bulk water may be obtained from the City upon payment of the
applicable fees and charges.
705.602 Bulk Water from Hydrants. No person except an employee or authorized agent of
the City or member of the Prior Lake Fire Department may operate a fire hydrant
without a permit. A contractor or individual may apply to the City for a permit to
obtain a bulk water meter. The application shall be on a form provided by the City
and be accompanied by the fee set forth in the City fee schedule. The City may
issue the permit, if in his or her sole discretion the requested use will not interfere
with or negatively affect the City's water system. If the permit is issued, a hydrant
meter shall be issued to the permittee. The permittee shall be responsible for any
damage caused to the hydrant meter until it is returned to the City. The contractor
or individual shall be responsible for paying for the water usage at the current rate.
705.700 WATER USE RESTRICTIONS
705.701 Annual Water Use Restrictions. The following limitations shall be imposed on the
use of the public water supply to conserve water resources and provide flexibility to
meet peak demands:
1) An odd/even sprinkling restriction based on street addresses is in effect from
May 1 to October 1 each year. Residents with odd numbered addresses may
water on odd numbered calendar days; residents with even numbered
addresses may water on even numbered calendar days.
2) Homeowners' associations and apartment complexes with a common irrigation
system may water only every other day. Homeowners' associations and
apartments north of 160th Street may water on odd numbered days and
homeowners' associations and apartments south of 160th Street may water on
even numbered days.
3) City water cannot be used for the purposes of irrigating or watering of lawns,
sod, or seeded areas or other non-essential outdoor uses between ten o'clock
(10:00) A.M. and five o'clock (5:00) P.M. daily.
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705.702 Exceptions to Annual Water Use Restrictions. The following activities are
exempt from the odd/even and daytime watering restrictions:
1) Limited hand watering of gardens and plants using a hose.
2) Watering of areas with new sod or seed within thirty (30) days of installation
subject to a watering permit.
3) Watering from a source other than the public water supply if the water user has
registered the alternative source and the alternative source is properly permitted
by the state of Minnesota. Under this exemption, the City may inspect the
property to ensure compliance.
4) City athletic field complexes.
5) The use of private wells for irrigation.
6) Residential pumping from the lake.
705.703 Water Emergency. The City Manager or designee may impose emergency
regulations pertaining to public water use when in the Manager's discretion such
restrictions are necessary to protect the public health, safety, and general welfare.
When determining if there is a water emergency the City Manager or designee shall
consider whether: (i) production of water cannot meet the demand; (ii) water in
storage is expected to be depleted within twenty-four hours; and (iii) there is a
serious malfunction of equipment or facilities.
1) The restrictions on water use may include, but are not limited to a total
prohibition of watering, sprinkling, or irrigation of lawn, grass, turf, or plantings.
2) Restrictions imposed during an emergency shall continue in effect until the end
of the emergency and/or removed by the City Manager or his/her designee.
3) Notification of restrictions may be made using local media and any other means
available to publicize the water emergency and to inform the citizens of the
water restrictions.
705.800 FAILURE OF FACILITIES AND DISCONTINUANCE
705.801 Failure of Facilities. The City shall not be held liable at any time for any deficiency
or failure in the water or sanitary sewer facilities, including but not limited to supply
of water, water shut offs and sanitary sewer backups.
705.802 Discontinuance.
1) Water service may be shut off or discontinued whenever the City Public Works
Director or City Engineer determines that:
a) The owner or occupant of the premises served or any person working on any
connection for the premises served by public water and sanitary sewer facilities
has violated any requirement of the City Code relative thereto, or any
connection therewith;
b) Any charge or any other financial obligation imposed by this Part 7 on the
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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;
d) There is a health or safety concern related to the water or sanitary sewer
facilities; or
e) The owner or occupant of the premises served by the City's municipal water
service fails (a) within 3 days after written request by the City to the owner or
occupant, to provide a time, within 7 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)
fails 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 by the owner or occupant.
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 the 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, the water shall not be turned on until the City has
inspected and approved the work and/or all applicable fees have been paid.
705.803 Emergency Discontinuance. When reasonably necessary to protect public
health, safety, or welfare, the public water supply, or private property, the City
Public Works Director or City Engineer may discontinue water service to a property
immediately. When determining if an emergency exists, the City Public Works
Director or City Engineer shall consider the following:
1) If the property is vacant;
2) If the property is unsecured;
3) If he property is determined to be uninhabitable or unsuitable for occupancy;
4) If other utilities to the property providing heat or light have been shut off;
5) If the property has plumbing that is failing or unsafe;
6) If water service to the property creates or contributes to an unsanitary or unsafe
condition for anyone who enters the property;
7) If water service to the property has the potential to adversely affect the City's
water system; or
8) If the property owner or occupant has refused access to a City representative
as authorized by this code.
705.900 WASTES PROHIBITED
It is a violation of this Section for any person to direct into or allow any storm water,
surface water, water from air conditioning systems, oil or other similar material,
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including but not limited to all materials prohibited by the Metropolitan Council
Environmental Services, to drain into the sanitary sewer system.
705.1000 TAMPERING PROHIBITED
No person may install, modify, alter, bypass, tamper or in any manner interfere with
the public water or sanitary sewer facilities including but not limited to hydrants,
water meters and related components, unless permitted by this Section.
705.1100 RIGHT OF ENTRY
The City's employees and agents shall have the right, after obtaining a search
warrant if a warrant is demanded, to enter any lands, property, or buildings in the
City for the purpose of inspection, maintenance and repair of its water meters and
inspection of materials, plumbing work and fixtures of all kinds used by or in
connection with the water or sanitary sewer facilities.
705.1200 CONTRACT
Provisions of this Section relating to water and sanitary sewer facilities shall
constitute portions of the contract between the City and all consumers of municipal
utility services, and every such consumer shall be deemed to assent to the same.
All contracts between public utilities and consumers of utility services other than
municipal shall be in strict accord with the provisions of this Section.
705.1300 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.
Section 3. This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 8TH day of June, 2015.
ATTEST:
Frank Boyles, City Manager Kenneth L Hedberg, Mayor
Published in the Prior Lake American on the 13th day of June, 2015.
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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, shall
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.
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
building 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 The storm water management fee for use on storm water facilities shall be determined by
the following steps:
(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.
(Ord. Amend. 114-03, publ. 02/01/2014)
(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.
707.500: EXEMPTIONS: The following 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.
City of Prior Lake
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Public Ways&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: 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.
(Ord. Amend. 114-03, publ. 02/01/2014)
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.
(Ord. Amend. 114-03, publ. 02/01.2014)
707.800: 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.
707.900: 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.
(Ord. Amend. 114-03, publ. 02/01/2014)
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(This Space Intentionally Blank
For Future Amendments.)
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