Agenda - Council - 04/13/2010 - Laserfiche WebLink

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INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 58 OF CITY CODE, RELATED TO FORCED MUNICIPAL UTLITY CONNECTIONS By: Tim Himmer, City Engineer Background: It was brought to staffs attention during the Comprehensive Update process that a discrepancy exists between current City Code and Charter as it relates to the sanitary sewer and water utility connection requirements. It was further requested by the Council to investigate this situation and present it for discussion as a work session topic. The following excerpts from City Code and Charter were brought forward for discussion at the November 17, 2009: CITY CODE • Section 58 -110 (c) — The owner of all dwellings, buildings, other structures or properties shall connect two (2) years of the date that municipal water service is available to the premises. Any property owner who can demonstrate that hookup to municipal water is not feasible due to distance, topography, or pending land use changes shall not be required to hook up. At that specific time however, hook -up may be required in the future upon changing of circumstances. • Section 58 -141 (c) — In areas serviced by municipal sewer, it shall be unlawful to construct or maintain any individual privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage, except when used in connection with temporary construction projects or temporary recreation programs. • Section 58 -141 (d) — The owner of a dwelling, building and or other structure or property used for human occupancy, employment, recreation, or other purpose, situated within the City having a public sanitary sewer of the City available in any street, alley, right -of -way or easement adjacent to or abutting the property is required at the expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sanitary sewer in accordance with the previsions of this division within 90 days after notice from the City to do so. Until such connections, the owner of all dwellings, buildings, or other structures or properties not provided with public or municipal sanitary sewer facilities shall comply with all ordinances and regulations applying to individual sewage disposal systems and their use. • Section 58 -88 (a) — Upon determination that either a private sewer system or a private water system or both is a non - functional system as defined herein, the City's building official shall certify either or both said systems as "non- functional." • Section 58 -88 (b) - An existing home which is serviced by a non - functional private sewer and/or private water system shall be required to either (1) connect to the City's sewer system if the home's sewer system is non - functional or connect to the City's water system if the home's water system is non - functional. The connection date shall be within six months of the date on which the system was declared non - functional; or (2) cause the non - functional system to be functional by compliance with either Minn. Rules ch. 4725, or Minn. Rules ch. 7080, as applicable. CITY CHARTER • Section 8.6.1 — The City may not compel any property owner with a functional private sewer and water system to connect to City sewer and/or water. CASE #