ORD 15-07(D rd trance d 5 ° -o7 _
cgs to be removed
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An Ordonance Amend ng Sec6on, 68 -1, "Finding of puhHc health and safety
hazzrd," 98- i 0 8, "Mvate sewage dl sposal systems," and 78- 0 25, 46FHHng of unused
septic tanks and simHar devices" of the City of Elk River, Knnesota, City Code, to
incorporate the Sherburne County Subsurface Seepage Treatment System
Program
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 78 -1(b), "Finding of public health and safety hazard" of the City of Elk
River Code of Ordinances, shall be amended to read as follows:
(b) In addition to the provisions of section 78 -22 and subsection 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 Sherburne County Zoning Ordinance
17.5 and 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 2. That § 78 -101, "Private sewage disposal systems" of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) 4W ication, Administaation and Enforcement The application, administration, and enforcement
of private sews e disposal systems shall be in accordance with Sherburne Counjy Zonin
Ordinance Section 17.5 entitled "Subsurface Sewa e Treatment System Pro am" which
contains additional requirements by the MPCA and State De artment of Health.
,(b] Additional Kestrictions and Setbacks. Additional restrictions and setback_ s occur under ChW. ter
30 of this code.
Appendix A, Alteniftfive Sy9tefns.
Last Updated March 2014
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Appendix A, Alteniftfive Sy9tefns.
Last Updated March 2014
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NATURE
Striethratighs to be removed
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(b) Permit. Prior to commencement of construction of a private wastewater disposal system, the
owner shall first obtain a written permit signed by the building and zoning administrator. The
application for such permit shall be made on a form furnished by the city which the applicant
shall supplement by any plans, specifications, and other information as are deemed necessary by
the city.
(c) Inspection. Operation of a private wastewater disposal system shall not be allowed until the
installation is completed to the satisfaction of the city or its authorized representative. The city
or its representative shall be allowed to inspect the work at any stage of construction and, in any
event, the applicant for the permit shall notify the city when work is ready for final inspection,
and before any underground portions are covered. The inspection shall be made within 48
hours of receipt of notice, if reasonably practicable.
(d) Discontinuance of use and connection to public seiner. At such time as a public sewer becomes
available to a property serviced by a private wastewater disposal system, a direct connection
shall be made to the public sewer in accordance with subsections 78 -97 and 7 8-9 8 of this code.
Discontinuance of use of a nrivate wastewater disposal syste-m shall comt)ly with Sherburne
• • •
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SEC'T'ION 3. That § 78 -125, "Filling of unused septic tanks and similar devices" of the City of
Llk River Code of Ordinances shall be deleted:
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MOVIMM-M • . • ■
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of February, 2015.
Last Updated March 2014
I
as _
(b) Permit. Prior to commencement of construction of a private wastewater disposal system, the
owner shall first obtain a written permit signed by the building and zoning administrator. The
application for such permit shall be made on a form furnished by the city which the applicant
shall supplement by any plans, specifications, and other information as are deemed necessary by
the city.
(c) Inspection. Operation of a private wastewater disposal system shall not be allowed until the
installation is completed to the satisfaction of the city or its authorized representative. The city
or its representative shall be allowed to inspect the work at any stage of construction and, in any
event, the applicant for the permit shall notify the city when work is ready for final inspection,
and before any underground portions are covered. The inspection shall be made within 48
hours of receipt of notice, if reasonably practicable.
(d) Discontinuance of use and connection to public seiner. At such time as a public sewer becomes
available to a property serviced by a private wastewater disposal system, a direct connection
shall be made to the public sewer in accordance with subsections 78 -97 and 7 8-9 8 of this code.
Discontinuance of use of a nrivate wastewater disposal syste-m shall comt)ly with Sherburne
• • •
r �r�rr ■!rrr�± Heir *!rrr+�reas��er�rrra�r_w*±re.
SEC'T'ION 3. That § 78 -125, "Filling of unused septic tanks and similar devices" of the City of
Llk River Code of Ordinances shall be deleted:
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MOVIMM-M • . • ■
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of February, 2015.
Last Updated March 2014
I
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
Stvledireug45 to be removed
Underlines to be added
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE )
Charlene Vold being duly sworn on an oath,
states or affirms that they are the Authorized
Agent of the newspaper(s) known as:
Star News
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn_ Stat. §331A.02, §331A.07, and
other applicable laws as amended.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) for I succes-
sive issues; the first insertion being on
03/14/2015 and the last insertion being on
0311412015.
By:
Authorized Agent
Subscribed and sworn to or affirmed before
me on 0311412015.
Notary Public
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My Commbsw Eipom Jan 81, 21119
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Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 359984
CITY OF ELK RIVER
ORDINANCE 15 - 07
AN ORDINANCE AMENDING
SECTION, 78 -1, "FINDING OF
PUBLIC HEALTH AND SAFETY
HAZARD," 78 -101, "PRIVATE
SEWAGE DISPOSAL SYSTEMS,"
AND 78 -125, "FILLING OF
UNUSED SEPTIC TANKS AND
SIMILAR DEVICES" OF THE CITY
OF ELK RIVER, MINNESOTA,
CITY CODE, TO INCORPORATE
THE SHERBURNE COUNTY
SUBSURFACE SEWAGE
TREATMENT SYSTEM PROGRAM
An Ordinance Amending Sec-
tion, 78-1, "Finding of public health
and safety hazard," 78 -101, "Pri-
vate sewage disposal systems,"
and 78 -125, "Filling of unused sep-
tic tanks and similar devices" of the
City of Elk River, Minnesota, City
Code, to incorporate the Sherburne
County Subsurface Sewage Treat-
ment System Program
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 78 -1(b),
"Finding of public health and
safety hazard" of the City of Elk
River Code of Ordinances, shall be
amended to read as follows:
(b) In addition to the provisions
of section 78 -22 and subsection
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 Sherburne County
Zoning Ordinance 17.5 and chap-
ter 46, article 11 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 nec-
essary and in the public interest to
provide a mechanism for costs in-
curred by private property owners
to eliminate such public health and
safety hazards on private property
to be assessed against the prop-
erty as a special assessment.
SECTION 2_ That § 78 -101, "Pri-
vate sewage disposal systems" of
the City of Elk River Code of Ordi-
nances shall be amended to read
as follows:
(a) Application, Administration,
and Enforcement. The application,
administration, and enforcement of
private sewage disposal systems
shall be in accordance with Sher-
burne County Zoning Ordinance,
Section 17.5, entitled "Subsurface
Sewage Treatment System Pro-
gram", which contains additional
requirements by the MPCA and
State Department of Health.
(b) Additional Restrictions and
Setbacks. Additional restrictions
and setbacks occur under Chapter
30 of this code.
(b) Permit. Prior to commence-
ment of construction of a private
wastewater disposal system, the
owner shall first obtain a written
permit signed by the building and
zoning administrator. The applica-
tion for such permit shall be made
on a form furnished by the city
which the applicant shall supple-
ment by any plans, specifica-
tions, and other information as are
deemed necessary by the city.
(c) Inspection. Operation of a
private wastewater disposal sys-
tem shall not be allowed until the
installation is completed to the
satisfaction of the city or its autho-
rized representative. The city or its
representative shall be allowed to
inspect the work at any stage of
construction and, in any event, the
applicant for the permit shall notify
the city when work is ready for final
inspection, and before any under-
ground portions are covered. The
inspection shall be made within 48
hours of receipt of notice, if reason-
ably practicable.
(d) Discontinuance of use and
connection to public sewer. At such
time as a public sewer becomes
available to a property serviced
by a private wastewater disposal
system, a direct connection shall
be made to the public sewer in ac-
cordance with subsections 78 -97
and 78 -98 of this code. Discontinu-
ance of use of a private wastewater
disposal system shall comply with
Sherburne County Zoning Ordi-
nance 17.5.
SECTION 3. That § 78 -125,
"Filling of unused septic tanks and
similar devices" of the City of Elk
River Code of Ordinances shall be
deleted.
SECTION 4. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
17th day of February, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
March 14, 2015
359984