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ORD 15-07(D rd trance d 5 ° -o7 _ cgs to be removed Underlines to be added 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 r�f1Hf® I NATURE - - - .- - - - iJ i1 - - Wi.�l \W�rtYR.YM Appendix A, Alteniftfive Sy9tefns. Last Updated March 2014 r�f1Hf® I NATURE Striethratighs to be removed Underlines to be added (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: - - - - - - - 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: - - - - - - - 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 J4 J. 6ietz,64ayor E o�( B 16 E e Y X: 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 4y' vvV�vfJv ^VYWWvvV�wrCCvvvvvvvvwii��vr�,�ii` p9t� � f+�f'tF11L ��7Vt'y NOWY PUbH0- Mh1Mta My Commbsw Eipom Jan 81, 21119 a 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