Loading...
ORD 12-17 ORDINANCE NO. 12-17 • CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78, ARTICLE I, DIVISION I OF THE ELK RIVER CODE OF ORDINANCES, WHICH PROVIDES FOR PAYMENT AND ASSESSMENT OF THE COSTS TO CONNECT AND REPAIR PRIVATE UTILITY LINES The City Council of the City of Elk River hereby ordains as follows: Section 1. That Chapter 78,Article I,Division 1 of the City of Elk River Code of Ordinances shall be amended to read as follows: Division 1. Payment and Assessment of Costs to Connect or Repair Private Utility Lines. Section 78-1. Finding of Public Health and Safety Hazard. a) The City Council finds that failure to connect to the city water system as required by section 78-21 of this code, failure to connect to the city sewer and sewage disposal system as required by section 78-97(d) of this code, and failure to maintain in good, operable condition private water and sanitary sewer utility lines, creates public health and safety hazards on • private property which must be eliminated. b) In addition to the provisions of section 78-22 and section 78-97(d),which authorize the city to make connections to the city water and sanitary sewer systems and to assess the costs therefore to the affected property, and the provisions of chapter 46, article II of this code, which declares defective sewage systems and plumbing a nuisance affecting the public's safety and health and authorizes the City to abate such nuisances and to assess the costs therefor to the affected properties, the City Council finds that it is necessary and in the public interest to provide a mechanism for costs incurred by private property owners to eliminate such public health and safety hazards on private property to be assessed against the property as a special assessment. Section 78-2. Petition Authorized. Property owners who are required to connect to the city water and/or sanitary sewer system pursuant to section 78-21 and section 78-97(d) of this code, or who have private water and/or sanitary sewer lines which have failed, and such failure has been determined by City land development staff to be a public health or safety hazard,may petition the City, on a form provided by the City, to pay the costs to connect (including any outstanding lateral/trunk assessments and applicable water and sewer connection charges) or repair the private utility lines and to assess amounts paid as a special charge under Minnesota Statutes, Section 429.101. The City may accept or reject such petitions in its sole discretion, and may impose such conditions and requirements to acceptance as it deems appropriate. • Section 78-3. Work to be Completed by Property Owner. • If a petition to pay and assess the costs of connection or repair is accepted by the City, installation of the required connections and/or repairs to private utility lines on private property shall be the responsibility of the property owner, shall be contracted for by the property owner, shall be completed by the property owner as required by the policies and ordinances of the City of Elk River and Elk River Municipal Utilities, and shall be inspected and accepted by the city building official before payment of costs is made. Section 78-4. Payment and Assessment of Costs Authorized. a) Upon completion and acceptance by the City of all work required, the City will make payment to the party or parties who performed the work in an amount not to exceed that set forth in the petition accepted by the City. Such payment by the City,and all other outstanding fees and charges required for connection to the public systems, shall constitute a special charge against the affected property pursuant to Minnesota Statutes, Section 429.101 and shall be specially assessed against the property by the City pursuant to the provisions of Minnesota Statutes, Section 429.101. Special assessments levied under this Section shall be payable in a single installment, or by up to 10 equal annual installments, as provided by the City Council. b) The City Council shall establish, and may amend from time to time,policies regarding: (1) projects eligible for this program; (ii) petitions which may be accepted by the City Administrator; (iii) petitions which may only be accepted by the City Council; (iv) the • number of annual installments over which amounts paid and assessed will be levied; and, (v) the interest rate applicable to unpaid installments. Section 78-5. Sunset on Payment and Assessment for Connections. Petitions to pay and assess the costs of connection to the City water system and the City sewer and sewage disposal system will not be accepted by the City for any connection project which is completed after December 31, 2015. Section 2. That this Ordinance shall be published and take effect as provided by law. Passed and adopted by the City Council of the City of Elk River this 10th day of December 2012. Jof J. D,etz Mayor Attest: Tina Allard • City Clerk ORDINANCE No.12-17 AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER • AMENDING CHAPTER 78, THEIELK R VERSCODE OF STATE OF MINNESOTA ORDINANCES,WHICH PRO- ) VII?ES FOR PAYMENT AND SS ASSESSMENT OF THE COUNTY OF SHERBURNE ) COSTS TO CONNECT AND REPAIR PRIVATE UTILITY LINES ' The City Council of the City of Elk River hereby ordains as Heidi Quanrud, being duly sworn on oath says that she is the follows: Section 1. That Chapter 78, office manager of the Newspaper known as the Star News,and has Article I,Division 1 of the City full knowledge of the facts which are stated below: of Elk River Code of Ordi- nances shall be amended to (A)The Newspaper has complied with all of the requirements read as follows: Division L constituting qualifications as a qualified newspaper,as provided by Payment and Assessment of Minnesota Statue 331A.02, 331A.07 and other applicable laws, as Costs to Connect or Repair Pri- ammended. vate Utility Lines. ' Section 78-1.Finding of Pub- (B)The printed legal notice,which is attached was cut from the lic Health and Safety Hazard. a)The City Council finds that columns of said newspaper and was printed and published once a failure to connect to the city week for one week;it was first published on Saturday,the 15th day of water system as required by December, 2012, and was therefore printed and published on every section 78-21 of this,code,fail- ure to connect to the city sewer Saturday to and including Saturday,the 15th day of December,2012. and sewage disposal system as required by-section 78-97(d)of this code,and failure to main- tain in good, operable condi- tion private water and sani- � L�It\'11-77( tary sewer utility lines,creates public health and safety haz- ards on private property which • ,must be eliminated. Office Manager b)In addition to the provi- sions of section 78-22 and sec- Subscribed and sworn to before me on tion 78-97(d),which authorize this 15th day of December,2012 the city to make connections to 'the city water and sanitary sewer systems and to assess the casts therefore to the affected property;and the pro- visions of chapter 46,article II I of this code,which declares S CL9413,ttni-A-k-- 4 defective sewage systems and,plumbing a nuisance affecting the public's safety and health and authorizes the City to abate such nuisances and to assess the costs therefor to the SHELLY RAE WESTOVER affected properties, the City Y NOTARY PUBLIC 1 Council finds that it is neces- MINNESOTA sary and in the public interest .= My Commission Expires Jan.31,2015 ' to provide a mechanism for Notary Public costs incurred by private prop- erty owners to eliminate such public health and safety haz- ards on private property to be assessed against the property RATE INFORMATION as a special assessment: Section 78-2.Petition Autho- rized. (1)Lowest classified rate paid by $ 21.00 Property owners who are required to connect to the city commercial users for comparable space (line,word or inch rate) water and/or sanitary sewer system pursuant to section 78-21 and section 78-97(d)of (2)Maximum rate allowed by law for $ 15.50 this-code,or who have private water and/or sanitary sewer the above matter (line,word or inch rate) 0 lines which have failed, and such failure has been deter- (3)Rate actually charged for the above $ 15.00 mined by.City land develop- matter went staff to be a public health (line,word or inch rate) or safety hazard,may petition the City,on a form provided by; 3246415 the City, to pay the costs to connect(including any out- standing lateral/trunk assess- ments and applicable water and sewer connection charges) or repair the private utility .'' III lines and to assess amounts paid as a special charge under Minnesota Statutes,Section 429.101. The City may accept or reject such petitions in its sole discredit,and may impose such conditINiscand require- ments to acceptance•as it 1 Section 78-3. Work to be j Completed by Property Owner. If a petition to pay and assess the costs of connection or repair is accepted by the City, installation of the required connections and/or repairs to private utility lines on private property shall be the,responsi- bility of the property owner, shall be contracted for by the property owner,shall be`com,- pleted by the property owner as required by the policies and ordinances of the City of Elk River and Elk River Municipal Utilities,and shall be inspected. and accepted by the city building official before payment of costs is made. Section 78-4. Payment and. Assessment of Costs Authorized. a) Upon completion and acceptance by the City of all work required,the City will make payment to the party or III parties who performed the work in an amount not to exceed that set forth in the petition accepted by the City. Such payment by the City,and all other outstanding fees and charges required for connection to the public systems, shall constitute a special charge against the affected property pursuant to Minnesota Statutes,Section 429.101 and shall be specially assessed against the property by the Section 78-5.Sunset on City pursuant to the provisions Payment and Assessment for of Minnesota Statutes,Section Connections. 429.101. Special assessments Petitions to pay and assess the levied under this Section shall costs of connection to the City be payable in a single install- water system and the City went, or by up to 10 equal sewer and sewage disposal annual installments, as system will not be accepted by provided by the City Council. the City for any connection b)The City Council shall project which is completed after establish,and may amend from December 31,2015: time to time,policies regarding: Section 2.That this Ordinance (1)projects eligible for this shall be published and take program;(ii)petstiolis which effect as provided by law. may be accepted by the City Passed and adopted by the Administrator;(iii)petitions City Council of the City of Elk which may only be accepted by River this 10th day of the City Council; (iv)'-the December?012. number of annual installments John J.t)ietz over which amounts paid and Mayor assessed will be levied;and,(v) Attest: the interest rate applicable to Tina Allard , unpaid installments. City Clerk III (D15)