HomeMy WebLinkAbout2014-277 Ordinance Regulating Public Sanitary Sewer and Water Within the City of CorcoranCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2014 -277
Motion By: Asleson
Seconded By: Cossette
AN ORDINANCE REGULATING PUBLIC SANITARY SEWER
AND WATER WITHIN THE CITY OF CORCORAN
THE CITY COUNCIL OF CORCORAN ORDAINS:
July 24, 2014
TITLE V: PUBLIC WORKS
CHAPTER 51: REGULATING PUBLIC SANITARY SEWER AND WATER WITHIN
THE CITY OF CORCORAN
51.010: PURPOSE
Subdivision 1. Purpose.
The City sanitary sewer and water supply systems represent significant public investments and
their operation in an efficient and sanitary manner is essential to protect public health, safety and
welfare, to safeguard municipal finances and to support development and economic vitality
within the community. It is the purpose of this ordinance to protect the integrity, the financial
stability and adequacy of the City sanitary sewer and water supply systems by regulating the
construction, maintenance and use of those systems, and restricting the installation and use of
private water supply wells and individual sewage treatment systems when necessary or
appropriate. Priority for extending service is new development and the existing downtown
commercial district. It is not the intention of the City to extend service and require connection of
existing residential or agricultural properties unless requested as referenced in this ordinance.
51.015: DEFINITIONS
Subdivision 1. Definitions. The following terms shall have the meanings given to them unless
another meaning is clear from the context:
1.1 Account. A record of utility services used by each property and the periodic
charges for those utility services.
1.2 Available (Access to Sewer/Water Line). A trunk or lateral sewer or water line
is deemed available to a property when (i) that line is either abutting the property or may
be accessed by the property by utility or road easement /ROW, and (ii) the City has
included the property within a defined service area approved for immediate utility
service.
1.3 City• The City of Corcoran, County of Hennepin, State of Minnesota.
8/18/2014
1.4 City Utility System. Facilities used for providing public utility service owned or
operated by City or agency thereof, including sewer, storm sewer and water service.
1.5 Commercial. Defined as non - residential and non - agricultural use, which is
typically commercial, industrial, or retail; operations.
1.6 Connection Charge. Connection charges are paid to the City by benefitting
property owners to cover the City's costs of connection to and administration and
operation of the City utility. Connection charges are set by the City Council.
1.7 Fee Schedule. A schedule of all utility rates and charges set by City ordinance.
1.8 Residential. Single and multi - family use.
1.9 SAC (Metropolitan Council Sewer Availability Charge). The Sewer
Availability Charge (SAC) is a one -time fee by Metropolitan Council Environmental
Services for each new connection to or increase in capacity demand on the Metropolitan
Disposal System. The City may pass the SAC charge, along with possible local fees, to
benefitting property owners. SAC charge units will be based on the assumed generation
of 274 daily gallons of waste water flow per unit. Single family residential units will pay
one SAC charge unit and other properties will pay a number of units based on estimated
daily flow calculations (but in no case less than one unit). The City may periodically
revise the SAC charge calculation and unit charge.
1.10 Trunk Line Availability Charges (TLAC). Trunk Line Availability Charges
( "TLAC ") are fees charged to all properties for which a water or sanitary sewer trunk line
is available. Separate TLAC will be charged for each of water and sewer trunk lines. The
TLAC are charged in recognition of the current benefit to properties for which a trunk
line is available, regardless whether the property is connected to the trunk line (whether
directly or via a lateral). The City will set and may periodically revise the TLAC.
1.11 Unimproved Land. Land that does not have certain basic services necessary to
utilize it for other purposes. These include electricity, telephone, street access, or water
available.
1.12 Water and Sanitary Sewer Systems. Water and sanitary sewer transmission
pipes, lines, fixtures, meters and all necessary equipment and appurtenances owned or
operated by the City utility system for the purpose of providing water and sewer services
for public or private use.
51.020: UTILITY CONNECTION, PERMISSIVE OR MANDATORY
Subdivision 1. Mandatory Connection.
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1.1 As defined in Chapter 5 1.0 10 Subdivision 1.2, all new residential and commercial
construction to which utility service is available shall connect to the line at the time of
construction.
1.2 When a trunk or lateral water or sewer line is available to an existing commercial
property (with a structure), as defined in Chapter 51.010 Subdivision 1.2, all such
commercial properties shall connect to the line upon the earlier of (i) reconstruction
(other than overlay or maintenance) of an adjacent roadway under which the line lies, or
(ii) within one year following availability.
Subdivision 2. Permissive Connection.
2.1 The City may extend a trunk or lateral sewer or water line to serve an existing
residential neighborhood or commercial district upon petition by property owners within
the neighborhood or district. The City may consider the following information in
approving or denying the petition: comprehensive cost of the project; cost to individual
properties; demonstrated need for the project; existing site conditions of the proposed
project; geographic scope of the project area, and any other information the City deems
relevant.
2.2 If as a result of a property owner petition, the City makes a water or sewer trunk
or lateral line available to existing residential or commercial properties, as defined in
Chapter 51.010 Subdivision 1.2, the City shall have the discretion and authority to either
require connection to the trunk or lateral line upon construction of the trunk or lateral
line, or to defer connection of individual properties on a case -by -case basis.
51.030: CHARGES, RATES AND BILLING
Subdivision 1. Availability and Connection Charges.
1.1 Trunk Line Availability Charges (TLAQ. TLAC shall be charged to and
collected from benefitting properties property as follows:
1.1.1 New Construction. TLAC shall be charged and collected upon approval
of the final plat for new construction. New development of residential or commercial
property shall be charged one (1) TLAC per acre of pre- developable area.
1. 1.2 Existing Construction. In the event service is extended to existing
construction as defined in Chapter 51.020 Subdivision 2.1, TLAC shall be charged to
each benefitting, residential or commercial property when the trunk or lateral line is made
available to the property. TLAC shall be collected within 30 days notice from the City or;
at the discretion of the City, collection may be deferred and financed for a period not to
exceed 20 years. In the event the City allows deferral of collection, the deferred charge
shall bear interest at a rate 1% above the City's cost of borrowing in the year the deferral
was approved. Existing developed residential property, commercial property, and
unimproved land will be charged one (1) TLAC regardless of acreage.
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1.1.3 Additional New Construction Without Platting. In the event of new
construction on unimproved land or as a result of teardown on existing platted lots,
TLAC shall be collected from each individual or entity requesting or receiving a
connection to the City water system. Credit will be given for any prior TLAC paid on
behalf of the platted lot.
1.2 Connection Charge. Connection charges shall be paid by all benefitting
properties at the time of (a) building permit for new construction, or (b) issuance of
connection permit for existing residential and commercial.
1.3 SAC (Metropolitan Council Sewer Availability Charge). SAC shall be charged
and collected at time of building permit issuance.
1.4 Deferrals. Property owners may apply to the City, pursuant to Minn. Stat.
§435.193 -195 for a deferral of payment for sewer and water charges assessed to their
property. The City shall have full discretion to consider and approve or deny the request
for deferral. Interest shall be assessed upon and accrue against all deferred charges.
Subdivision 2. Utility Usage Charges.
2.1 Charge for Water Usage. Utility customers shall be billed for water based on
metered usage in per thousand gallon units.
2.2 Charge for Sanitary Sewer System Usage. Utility customers shall be billed for
sanitary sewer based on metered usage of water in per thousand gallon units.
2.3 Administrative Base Charge. In addition to metered usage charges, utility
customers shall be billed a minimum administrative base charge for water and sanitary
sewer service. The administrative base charge shall be paid at the same time and in the
same manner as metered usage payments.
2.4 Water Treatment Surcharge. Utility customers shall be billed for a water
treatment surcharge in an amount set by the City Council and adopted by ordinance. This
surcharge shall be paid at the same time and in the same manner as usage charge
payments. The water treatment surcharge shall be used to offset the costs of water
treatment performed by the City of Maple Grove.
2.5 Fee Schedule. A utility fee schedule shall be prepared annually by the City
Administrator and presented to the City Council for approval and adoption in ordinance
form. The charge schedule shall be comprehensive and list all utility charges, including
incentive -based water conservation incentive charges.
2.6 Frequency of Charges. Utility customers shall be invoiced monthly for utility
services. Utility customers shall pay utility invoices upon the terms established by the
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City and as stated in the invoice. The City may contract with third party vendors to
perform billing services.
2.7 Designation of Billing Address. All bills and notices pertaining to water and
sanitary sewer systems sent by the City shall be sent to the house or street number of the
property. If an owner or agent desires that personal notice be sent to a different address,
that person shall file an application therefore with the City. Any error or change in any
address shall be promptly reported to the City.
2.8 Late Charges; Delinquent Bills. A late charge, in an amount established in
ordinance, shall be charged if bills are not paid by the due date established in that bill. If a
bill is not paid within 30 days of the date that it becomes due, it shall be deemed
delinquent. When a bill becomes delinquent, the City shall notify the property owner, in
writing, of the same. An additional late charge shall be added on each monthly
calculation date upon which a delinquent bill, including any previous late charges,
remains unpaid.
2.9 Assessing Delinquent Charges. The City maintains the authority to certify
delinquent charges to the Hennepin County Auditor for collection with taxes and to shut
off water to property in certain cases where delinquencies are greater than 80 days. It
shall be the practice of the City to certify delinquent payments annually, but this may be
done on a more frequent basis at the discretion of the City Council. Before certification
for collection, or shut off, the City shall notify the property owner of the date and time of
the meeting to address the delinquency. The City Council shall have final authority over
actions related to delinquent payments or shut off for a property.
2.10 Errors in Billing. The City Administrator shall be authorized to make
adjustments in water charges when, in the opinion of the City Administrator, the amount
billed to a utility customer was erroneous due to an inaccurate or defective meter, or due
to other mistake.
51.040 CONSTRUCTION, MAINTENANCE, OWNERSHIP
Subdivision 1. Authority to Conduct Services
1.1 Permit Required for Connection Work. No person shall open, connect with,
use, alter, or disturb any public water line or public sewer line or appurtenance thereof
without first obtaining a written permit from the City pursuant to this section.
1.2 Persons Authorized to Work on City Water and Sewer System. Only a duly
authorized employee of the City or City contractors, are permitted to do any work on City
water lines, or water meters connected to the City water system, .
1.3 Damaging or Tampering Prohibited. No person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the municipal water line infrastructure.
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1.4 Inspections. The Building Inspector and any other duly authorized City
employee, bearing proper credentials and identification, shall be permitted to enter upon
all properties for the purposes of inspection, observation, measurement, sampling, and
testing in accordance with the provisions of this section.
Subdivision 2. Water System.
2.1 Water Quality. The City purchases all utility system water from the City of
Maple Grove, which has the authority to establish and control water quality standards as
well as ordinances and rules applicable to the preservation and use of the water it supplies
to the City. The use and supply of water furnished by Maple Grove shall at all times be
governed by the applicable Maple Grove ordinances and rules in effect for the
preservation, use and protection of its water supply. The City hereby adopts the
applicable City of Maple Grove preservation, use and protection ordinances and rules by
reference, and shall enforce said ordinances and rules hereunder. The City reserves the
right to adopt additional ordinances and rules affecting the preservation, use and
protection of its utility system water.
2.2 Maintenance and Repair of Water Mains. The City shall be responsible for
maintenance and repair of the water line infrastructure including the water shutoff valve
out to the lateral connection. Maintenance and repair of water lines located on private
property from the water shutoff valve to the home is the responsibility of the property
owner. If a property owner fails to make the necessary repairs to the water line within 30
days after the owner is notified to do so by the City, in writing, the City may cause the
repairs to be completed and charged to the property owner for all costs associated with
the repair. In cases where an emergency is declared, the City shall cause repairs to the
water system to be made immediately, which may include turning off the water to the
property immediately.
2.3 Water Meters.
2.3.1 Water Meter Required. No person except authorized City employees
shall use water from the City water supply system or permit water to be drawn therefrom,
unless the water is metered by passing through a meter supplied or approved by the City.
2.3.2 Tampering Prohibited. No person shall connect, disconnect,
disassemble, alter, cause to be altered, tamper, obstruct, or interfere with any City water
meter, unless authorized by the City.
2.3.3 Bypassing Meters or Taking Water. No person shall bypass or tamper
with any water meter for any reason.
2.3.4 Ownership of Meters. Water meters shall be and remain the property of
the City. Meters may be removed, replaced, or changed by the City whenever the City
deems it necessary.
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2.3.5 City Access to Read, Repair, and Replace Meters, Conduct
Inspections. Authorized City employees shall have access at reasonable hours of the day
to all parts of every building and premises connected with the City water supply system
to read, repair, and replace meters and conduct inspections. Before entering private
property to do so, the City shall solicit the written consent of the property owner. If a
property owner refuses to give consent or fails to respond, the City may pursue legal
options to enter the property.
2.3.6 Cost of Inspection. City staff will set and impose a cost for inspecting a
meter that is reported to be malfunctioning or defective. This cost shall be reimbursed to
the property owner should the meter require replacement or repair.
2.3.7 Cost of Repair. The City shall be responsible for the repair and
replacement of water meters unless a meter is damaged by a property owner intentionally
or the damage is due to carelessness on the part of the property owner. In such instances,
the property owner shall be responsible for the costs of repair and/or replacement.
2.3.8 Meter Accuracy. The City may charge a fee as established annually for
investigating and testing meter accuracy. If the meter is determined to be faulty, the
charge will be refunded.
2.4 Water System Mapping. The City shall maintain a comprehensive water system
map detailing the following information: The number and line locations, the type and
diameter of pipe, and the location of access points. The City shall maintain a program of
regular inspection and maintenance performed on its water system lines. The City shall
also maintain a program for lift station inspection and maintenance.
2.5 Water Use Conservation. The City reserves the right to impose water use
restrictions pursuant to conservation efforts as required by regulatory authorities. The
City may adopt administrative policies and procedures related to and regulating water
conservation practices.
2.6 Fire Hydrants. Fire hydrants located within the limits of the City of Corcoran
shall be the property of the City. Only persons authorized by the City shall be allowed to
open and operate any fire hydrant in the City for any purpose. Temporary access to
hydrants may be granted by the City to previously unauthorized persons via a permit
issued by the City. Payment for water used, except for that used in firefighting, shall be
made in accordance with adopted ordinance.
2.7 City Not Liable for Damages Resulting from Interruption of Service. The
City shall not be liable for any damages which result from any stoppage or slowing of the
supply or flow of water as a result of breaks in mains, service pipes, fixtures, or by reason
of obstruction or the breakdown of machinery. The City shall also not be liable for any
damages which result from such stoppage or slowing that is the result of any necessary
repair, or any other interruption in service.
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2.8 Cross Connections Prohibited. No City water pipe shall be connected with any
pump, well, or tank that is connected with any other source of water supply. When such a
connection is found, the City shall notify the owner of the property on which the
connection is found and order that the cross connection be disconnected. If this is not
accomplished immediately, the water supply to the property may be turned off at the
direction of the City Council. Before any new connection to the water system is
permitted, the City shall ascertain that no cross - connection will exist when the connection
is made.
2.9 Abandoned Services.
2.9.1 Disconnection Required. All service installations connected to the water
system that have been abandoned or have become useless for further service shall be
disconnected at the main by the City. All pipe and appurtenances removed shall be the
property of the City.
2.9.2 Change to New Water Service. When a new primary structure is erected
on the site of an old structure, and it is desired to increase or alter the old water service,
no connections with the City mains shall be permitted until all the old service is removed
and the main plugged. If there is an existing water service to an accessory structure, it
may remain in use.
2.10 Irrigation Systems. All irrigation systems connected to the municipal system
shall be installed per plumbing code and have a rain detection device so as to prevent
irrigation during rain events.
2.11 Emergency Water Restrictions. The authorized staff to act in a water emergency
include the Mayor, Engineer, Public Works Superintendent and Administrator. When any
two of the authorized staff determine pressure or quantities are (or may become)
inadequate, a water emergency may be declared by posted notice and typical City
communication methods (website, etc.).
2.11.1 Council will review the water emergency restrictions at the next regular
Council meeting and confirm or remove the restriction.
Subdivision 3. Sewer System.
3.1 Maintenance and Repair of Sewer System. The property owner shall be
responsible for maintaining and repairing the sanitary sewer line from the structure to the
connection with the public sewer main. The City shall be responsible for maintaining and
repairing the remainder of the sanitary sewer infrastructure. If a property owner fails to
make the necessary repairs to the sewer line infrastructure within 30 days after the owner
is notified to do so by the City, in writing, the City may cause the repairs to be completed
and charged to the property owner for all costs associated with the repair. In cases where
H.
an emergency is declared, the City shall cause repairs to the sewer system to be made
immediately.
3.2 Sewer Mapping. The City shall maintain a comprehensive sanitary sewer system
map detailing the following information: The number and location of manholes, the
number and location of service connections, line locations, the type and diameter of pipe,
and the location of lift stations. The City shall maintain a program of regular inspection
and maintenance performed on sanitary sewer lines. The City shall also maintain a
program for lift station inspection and maintenance.
3.3 Damaging or Tampering Prohibited. No person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the sanitary sewer system.
3.4 Inspections. Every person owning real estate that discharges into the City
sanitary sewer system shall allow the Building Inspector, any duly authorized City
employee, designated representative of the City, or a licensed plumber bearing proper
credentials and identification, to enter the property for the purposes of inspection,
observation, measurement, sampling, and testing in accordance with the provisions of this
section. This includes to confirm that there is no sump pump or other prohibited
discharge into the sanitary sewer system. Any person refusing to allow their property to
be inspected shall immediately become subject to a surcharge in an amount established
by the fee schedule. Any property found to be discharging storm water into the sanitary
sewer system, either directly or indirectly shall make the necessary changes and furnish
proof of the changes to the City within six months of the inspection. A surcharge in an
amount established by the fee schedule shall be imposed on the property owner's sanitary
sewer utility bill for properties in violation of this ordinance and continue until the
property is found to be in compliance.
3.4.1 If a person does not wish to allow the City to enter a building to conduct the
required activity, he or she may retain a licensed plumber to conduct the activity. The
private inspector must have credentials that are acceptable to the City. The private
inspector shall provide the City with the relevant samples, tests, reports, drawings,
photos, or any other information that is being requested.
3.5 City Not Liable for Damages Resulting Interruption of Service. The City shall
not be liable for any damages which result from the backup of sewer lines as a result of
breaks in mains, service pipes, fixtures, or by reason of obstruction or the breakdown of
machinery. The City shall also not be liable for any damages which result from such
stoppage or slowing or backup that is the result of any necessary repair, or any other
interruption in service.
3.6 Discharge to Public Sewer. No person shall discharge or cause to be discharged
any prohibited waste discharges as defined in the Metropolitan Council's waste discharge
rules (WDR), February 2013 or latest version. This includes harmful wastes, whether
liquid, solid, or gas, capable of causing obstruction to the flow in the sewer system,
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damage, or hazard to sewer structures, equipment, or personnel. No person shall
discharge or cause to be discharged any storm water, surface water, groundwater, runoff,
subsurface drainage, cooling water, or industrial processed waters to any City sanitary
sewer, or otherwise interfere with the proper operation of the City sewer system. This
includes sump discharges.
3.6.1 Industrial and Commercial Strength. Industrial users discharging
wastewater into public sewers shall apply for an industrial discharge permit according to
the WDR (February 2013 or latest version), unless MCES determines that the wastewater
has an insignificant impact on public sewers.
3.7 Abandoned Services.
3.7.1 Disconnection Required. All service installations connected to the
sanitary sewer system that have been abandoned or have become useless for further
service shall be disconnected at the main by the City. All pipe and appurtenances
removed shall be the property of the City.
3.7.2 Change to New Sanitary Sewer Service. When a new structure is erected
on the site of an old structure, and it is desired to increase or alter the old sanitary sewer,
no connections with the City mains shall be permitted until all the old service is removed
and the main plugged.
51.050 ADMINISTRATION AND ENFORCEMENT
Subdivision 1.
1.1 Duties, Responsibilities, and Authority of City Administrator. The City
Administrator shall be responsible for the implementation of this section and shall report
annually to the City Council, as a part of the annual City budget process. At that time, the
City Administrator shall inform the City Council of the status of the condition of the
infrastructure, replacement requirements, and the financial condition and performance of
the utility enterprise fund.
Subdivision 2. Penalties.
2.1 Any person who violates any of the provisions of this ordinance shall be guilty of
a misdemeanor. Each day that any violation is continued shall constitute a separate
offense.
Subdivision 3. Liability for Damages.
3.1 A person who violates any of the provisions of this ordinance is liable to the City
for any expense, loss, or damage incurred by the City by reason of such violation.
Subdivision 4. DelinquentAccounts.
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Delinquent accounts shall be subject to the following procedures:
4.1 Penalties. A late payment penalty of ten percent shall be assessed on all
accounts with a past due balance.
4.2 Shut -off for non - payment. Water shall not be shut -off until notice and an
opportunity for a hearing before the city council has been provided to the occupant and
owner of the premises involved.
4.2.1 If any bill is not paid by 30 days after the due date listed on the bill, the
city shall send a letter by first class mail demanding payment within 30 days of the date
of the letter.
4.2.2 If any bill is not paid by 60 days after the due date listed on the bill, the
city shall send a second letter by first class mail stating that if payment is not made
within 20 days of the date of the letter, water service to the premises will be shut -off for
nonpayment.
4.2.3 The first and second letters shall contain the title, address and telephone
number of the official in charge of billing.
4.2.4 The city clerk shall have the authority to adjust the customer's bill or
enter into a mutually agreeable payment plan.
4.2.5 The letters shall also state that any occupant or owner has the right to a
hearing before the water service is shut -off. The owner or occupant may be represented
in person and by counsel or any other person of owner's choosing. The owner or
occupant may present orally or in writing their complaint to the city council.
4.2.6 If an occupant or owner requests a hearing, the water shall not be shut -off
until the hearing process is complete.
4.2.7 If a customer fails to pay a bill when due and fails to request a hearing
under this part, service will be shut -off at the time specified in the notice. Any residential
property for which water service has been terminated under this subdivision shall be
deemed uninhabitable under City code.
4.3 Certification for collection with taxes.
4.3.1 Unpaid charges on water, sewer, and other utility services shall not be
certified to the county auditor until notice for a hearing has been provided to the owner
of the premises involved. The notice shall be sent by first class mail and shall state that if
payment is not made by September 25, the entire amount unpaid plus a penalty of ten
percent will be certified to the county auditor for collection as other taxes are collected.
The notice shall also state that the occupant may, before such certification date, attend or
schedule a hearing on the matter to object to certification of unpaid utility charges.
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4.3.2 The owner of the property shall have the option of paying the balance due
on the account by September 25. After this date, the certified roll will be finalized. After
the date the certified roll is finalized, payments will still be accepted but will include the
ten percent penalty.
Effective Date. This Ordinance shall be in full force and effect upon its publication and passage.
ADOPTED by the City Council on this 24th day of July, 2014.
VOTING AYE
® Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
® Lynch, Diane
❑ Thomas, Ron
ATTEST:
Jeanie Heinecke, City Clerk
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VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Lynch, Diane
❑ Thomas, Ron
Ken Guenther, Mayor