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Sample
Ordinance on Private Water and Sewer Systems
City
of _________ Code CHANGES
Adopted 4-16-01
8-1-5: PRIVATE WATER SYSTEM
UNLAWFUL:
A.
It shall be unlawful for any person to install a new private or community
water system and/or well in the City limits.
B.
In newly platted areas, only lots that have City water and sewer extended
can be issued a zoning permit. In no circumstances will new private wells be
allowed.
C.
For those households within City limits that currently do not have City
water connections and have private wells, mandatory hookup to City water will be
required on or before August 21, 2005.
D.
To determine whether or not such public water is available for an
existing private connection each person or corporation must make application for
connection to the public system by January 1, 2002.
Upon determination of the Council that it is not feasible to connect the
applicant’s premises to the public water system, then the applicant shall be
granted a permit to continue the use of their private system (well) for a
maximum increment of two (2) years. After the application expires, the process
would have to be repeated and reviewed.
A fee may be charged for this permit with costs set by Council resolution.
(These fees will cover the costs of yearly testing of the water by City staff.)
E.
All existing private wells within City limits that are on property
already connected to the City water system will be sealed at the property owners
expense and in accordance with Minnesota Department of Health requirements on or
before August 21, 2002.
F. Owners
of existing wells must present the City of ____________ with documentation of
completion of sealing the private well by August 21, 2002.
G. ABATEMENT:
The Associate Public Works Supervisor shall be charged with the enforcement of
verifying sealing of any non-permitted private well that exists on premises in
the City. The officer shall notify in writing the owner or occupant of the
premises of such fact and order that such well be sealed. The notice shall be
served in person, or by certified or registered mail. If the notice is not
complied with, within the time specified (60 days) the enforcing officer shall
report that fact forthwith to the City Council. Thereafter the City Council
shall cause the well to be sealed by the City.
H. RECOVERY
OF COSTS: Personal liability: The owner of premises on which the City has sealed
a well shall be personally liable for the cost to the City of the sealing,
including administrative costs. As soon as the work has been completed and the
costs determined, the City Clerk shall prepare a bill for the cost and mail it
to the owner. Thereupon the amount shall be immediately due and payable at the
office of the City clerk.
Assessment: Once the well is sealed and payment is not received, the City Clerk
shall, on or before September 1 next following the abatement of the well, list
the total unpaid charges along with all other such charges as well as other
charges for current services to be assessed under Minnesota Statutes section
429.01 against each separate lot or parcel to which the charges are
attributable. The City Council may then spread the charges against such property
under that statute and other pertinent statutes for certification to the County
Auditor and collection along with the current taxes the following year or in
annual installments, not exceeding ten (10) years as the City Council may
determine in each case.
J.
Penalty: Any person convicted
of violating any provisions of this Chapter shall
be subject to penalty as provided in Section 1-4-1 of this Code.
City
of ______________ Code CHANGES
Adopted 4-16-01
8-2-2: PRIVATE SEWER SYSTEM
UNLAWFUL:
F.
It shall be unlawful for any person to install a new private or community
sewer system in the City limits.
G.
In newly platted areas, only lots that have City water and sewer extended
can be issued a zoning permit. In no circumstances will new private
sewers/holding tanks be allowed.
H.
For those households within City limits that currently do not have City
sewer connections and have private sewer/holding tanks, mandatory hookup to City
sewer will be required on or before August 21, 2005.
To
determine whether or not such public sewer is available for an existing private
connection each person or corporation must make application for connection to
the public system by January 1, 2002. Upon determination of the Council that it
is not feasible to connect the applicant’s premises to the public sewer
system, then the applicant shall be granted a permit to continue the use of
their private sewer system for a maximum increment of two (2) years. After the
application expires, the process would have to be repeated and reviewed. . A fee
may be charged for this permit with costs set by Council resolution.
J.
All existing private sewers within City limits that are on property
already connected to the City sewer system will be removed and rendered
inoperable (i.e. filling with dirt) at the property owners expense and in
accordance with Minnesota Department of Health requirements on or before August
21, 2002.
K.
Owners of existing sewers must present the City of ___________ with
documentation of completion of dismantling the private sewer by August 21, 2002.
L.
ABATEMENT: The Associate Public Works Supervisor shall be charged with
the enforcement of verifying sealing of any nonpermitted private sewers that
exists on premises in the City. The officer shall notify in writing the owner or
occupant of the premises of such fact and order that such sewer be dismantled.
The notice shall be served in person, or by certified or registered mail. If the
notice is not complied with, within the time specified, the enforcing officer
shall report that fact forthwith to the City Council. Thereafter the City
Council shall cause the sewer to be dismantled by the City.
M. RECOVERY OF COSTS: Personal
liability: The owner of premises on which the City has dismantled a sewer shall
be personally liable for the cost to the City of the work, including
administrative costs. As soon as the work has been completed and the costs
determined, the City Clerk shall prepare a bill for the cost and mail it to the
owner. Thereupon the amount shall be immediately due and payable at the office
of the City clerk.
N. Assessment: Once the
well is sealed and billed to the owner, the City Clerk shall, on or before
September 1 next following the abatement of the well, list the total unpaid
charges along with all other such charges as well as other charges for current
services to be assessed under Minnesota Statutes section 429.01 against each
separate lot or parcel to which the charges are attributable. The City Council
may then spread the charges against such property under that statute and other
pertinent statutes for certification to the County Auditor and collection along
with the current taxes the following year or in annual installments, not
exceeding ten (10) years as the City Council may determine in each case.
O. Penalty:
Any person convicted of violating any provisions of this Chapter shall be
subject to penalty as provided in Section 1-4-1 of this Code.
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