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6.2.A. SR 03-02-2009~j Elk REQUEST FOR ACTION River To Item Number Ci Council 6.2.A. Agenda Section Meeting Date Prepared by Administration March 2, 2009 Lori ohnson, Ci Administrator Item Description Reviewed by Ordinance Reformatting and Amending Articles I and II of Chapter 78 of the Elk River City Code of Ordinances Providing Reviewed by for the Operation of the Discontinuance of Water Service and Establishing Procedures for Water Shut-Offs ^ Resolution for Summary Publication Action Requested Two Council motions: 1. Motion to adopt the attached ordinance reformatting and amending Articles I and II of Chapter 78 of the Elk River City Code of Ordinances providing for the operation of the discontinuance of water service and establishing procedures for water shut-offs. 2. Motion to adopt attached resolution for summary publication of the ordinance Background/Discussion In the process of dealing with home foreclosures, City staff has been working with Elk River Municipal Utilities staff to address issues related to water shut-offs and prevention of freezing water pipes that cause damage to foreclosed homes. City and ERMU staff have been working City attorney Peter Beck to draft an ordinance to better address the water service issues related to foreclosures. At the same time, changes and updates requested by ERMU staff have been incorporated in the revised ordinance. The ERMU Commission approved a motion at its meeting on February 24 recommending that the City Council adopt this ordinance. The ordinance reviewed by the Commission was slightly different than the final version in front of the Council for consideration as it now includes additional changes requested by Elk River Municipal Utilities staff after the Commission meeting. Peter Beck will highlight the changes as he reviews the ordinance with the Council at the meeting. Representatives from ERMU will also be present to further explain the ordinance and answer any questions you might have. 'This ordinance also helps in the coordination of efforts for preserving and protecting foreclosed properties. You can see how that piece fits into the City's overall strategy in the informational memo provided at the end of the packet from Annie Deckert, Economic Development Assistant. Attachments Ordinance Resolution approving summary publication of the ordinance Action Motion by Second by Vote Follow Up S:\Council\Lori\2009\Ordinance change to water shut off 030209.doc S:\Council\Lori\2009\Ordinance change to water shut off 030209.doc ORDINANCE NO. 09-__ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER REFORMATTING AND AMENDING ARTICLES I AND II OF CHAPTER 78 OF THE ELK RIVER CITY CODE OF ORDINANCES, PROVIDING FOR THE OPERATION OF THE DISCONTINUANCE OF WATER SERVICE AND ESTABLISHING PROCEDURES FOR WATER SHUT-OFFS The City Council of the City of Elk River does Hereby Ordain as Follows: Section 1. That Articles I and II of Chapter 78 of the Elk River City Code of Ordinances are hereby amended to read as follows: ARTICLE I. IN GENERAL Secs. 78-1 –78-10. Reserved. ARTICLE II. WATER SYSTEM DIVISION 1. GENERALLY. Sec. 78-11. Operation of Water System. The City of Elk River Water System shall be operated and maintained by the Elk River Municipal Utilities (ERMU), which may enter into such agreements as it deems appropriate with the City of Elk River to assist in the operation and maintenance of the water system. Sec. 78-12. Rules and Regulations. ERMU shall have the authority to adopt such Rules and Regulations for operation and use of the water system as it shall deem appropriate. Such Rules and Regulations shall be valid and enforceable, to the extent they are consistent with other law, including the City of Elk River Code of Ordinances. Secs. 78-13 – 78-20. Reserved. DIVISION 2. CONNECTION TO WATER SYSTEM Sec. 78-21. Connection required. The following buildings shall be required to be connected to the city water utility: 1.All buildings connected to the water utility on the date of adoption of the ordinance from which this article is derived shall remain connected to the water utility for so long as the building is occupied or used for any purpose. 2.All buildings constructed after such date on property to which water utility service is available at the time a certificate of occupancy is issued for the building shall be required to connect to the water utility prior to occupancy. 3.All buildings constructed after such date on property to which water utility service becomes available following legal occupancy of the building shall be required to connect to the water utility as follows: a.All residential buildings with one or two residential units shall be required to connect to the water utility within two years from the date water utility service becomes available to the property or the date the property is assessed for water utility improvements, whichever is later. b.All other buildings shall be required to connect to the water utility within 90 days from the date water utility service becomes available to the property. 4.All buildings existing on the date of adoption of the ordinance from which this article is derived on property to which water utility service becomes available after such date shall be required to be connected to the water utility as follows: a.All residential buildings with one or two residential units shall be required to connect to the water utility within two years from the date water utility service becomes available to the property or the date the property is assessed for water utility improvements, whichever is later. b.All other buildings shall be required to connect to the water utility within 90 days from the date water utility service becomes available to the property. 5.All buildings existing on the date of adoption of the ordinance from which this article is derived on property to which water utility service is available but which has not been assessed for water utility improvements shall be required to connect to the water utility as follows: a.All residential buildings with one or two residential units shall be required to connect to the water utility within two years from the date water utility service becomes available to the property or the property is assessed for water utility improvements, whichever is later. b.All other buildings shall be required to connect to the water utility within 90 days from the date water utility service becomes available to the property. 6.All buildings existing on the date of adoption of the ordinance from which this article is derived on property to which water utility service is available and which has been assessed for water utility improvements, but which are not connected to the water utility, shall be required to connect to the water utility as follows: a.All residential buildings with one or two residential units shall not be required to connect to the water utility unless and until the city council determines on a case-by-case basis that connection to the water utility is necessary to protect the public health, safety and welfare or to otherwise comply with applicable law. b.All other buildings shall be required to connect to the water utility within two years of the date of adoption of the ordinance from which this article is derived. Sec. 78-22. Notice to Connect; Installation of Connection by City. The owner of any building required by section 78-21 to be connected to the city water utility shall cause the building to be connected to the water utility at the owner’s expense as required. If connections to the water utility are not being made pursuant to this section, the city shall serve written notice on the affected property owner stating that if connection is not made within 90 days after the date of the notice, the connection will be made by the city at the expense of the owner and that, if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment, including interest at the legal rate for local improvements, shall be certified to the county auditor and collected and remitted to the city in the same manner as assessments for local improvements. The rights of the city under this section shall be in addition to other remedial or enforcement rights provided by this Code or other applicable law. Sec. 78-23. Location of and Access to Stop Valves. All water service lines connecting a building to the facilities of the water utility shall have a stop valve installed. The stop valve shall meet specifications established from time to time by the City Department of Public Works. The stop valve shall be located in the public right-of-way immediately adjacent to or in the curb, unless another location is approved in writing by the Department of Public Works. The property owner shall not remove, obstruct or cover the stop valve in any way, including by covering it with soil, landscaping, concrete or asphalt. Sec. 78-24. Location of and Access to Meters. Water meters shall be installed and located as required by applicable building codes and ERMU Rules and Regulations. Property owners shall provide ERMU with access to water meters for the purposes of reading, checking, repairing or replacing meters. ERMU shall give written notice to property owner when it needs to access a meter. If no response to the notice is received within 30 days, ERMU shall give a second notice advising that water service will be shut-off if there is no response within 15 days. If there is no response, ERMU shall inspect the property to see if it is vacant and shall post a notice on the property that water service will be shut-off in 15 days unless access is provided to the meter within that time period. If no response is received, ERMU may shut-off water service to the property no earlier than 15 days from the date of the posted notice, pursuant to the shut-off procedures set forth in Section 78-32, and may recover its costs as provided in Section 78- 33. Sec. 78-25. Disconnection from Water System. 1. Except in emergency situations or as provided in Division 3 below, no building shall be disconnected from the water system without the prior written approval of ERMU, and no approval shall be granted to disconnect any building which is occupied or used for any purpose. Requests to disconnect from the water system shall be accompanied by a certification from the owner of the property that the building is vacant and unused for any purpose. 2. If ERMU grants approval for a property to be disconnected from the water service, it shall be the property owner’s responsibility to have the water service shut-off at the stop- valve by a licensed plumber. ERMU will assist in locating the stop-valve if requested. 3. Temporary, emergency disconnections are allowed, provided that ERMU is advised as soon as is practical of the emergency and the schedule for reconnecting the building to the water system. 4. ERMU may establish fees to review and approve requests to disconnect from the water service, and shall be entitled to recover all of its costs to assist in disconnections, including emergency disconnections, as provided in 78-33 below. DIVISION 3. DISCONTINUANCE OF SERVICE Sec. 78-31. Notice and Hearing Procedures for Discontinuance of Service. 1. Delinquent Accounts. Elk River Municipal Utilities (ERMU) shall mail written notice to all accounts 30 days delinquent stating that water service will be shut-off unless the account is brought current or a hearing is requested within 10 days. If the account is not brought current and no hearing is requested, ERMU shall inspect the property to determine if it is vacant and shall post notice on the property that water service will be shut-off in 15 days unless the account is brought current or a hearing is requested within 10 days. ERMU shall shut-off water service to the address no earlier than 15 days from the date of the last written notice or the posted notice, whichever is later. If a hearing is requested, it shall be held pursuant to Section 3 below. 2. Properties Vacant or With Other Utilities Shut-Off. a.April 15 to October 15. If ERMU shuts off electrical service to a property, receives notice that electric service or gas to a property has been shut off, or receives information that a property is vacant, between April 15 and October 15, and there is no delinquency on the water account, then ERMU shall mail notice to the account holder and shall post notice on the property stating that water service to the property will be shut off on October 15 unless the account holder provides evidence that electric and/or gas service has been restored or the account holder requests a hearing within 10 days of the notice. If a hearing is requested, it shall be held pursuant to Section 3 below. If no hearing is requested, water shall be shut-off on or about October 15th, pursuant to the procedures set forth in this Ordinance. b.October 15 to April 15. If ERMU shuts off electrical service to a property, receives notice that electric service or gas to a property has been shut-off, or receives information that a property is vacant, between October 15 and April 15, ERMU may proceed to shut-off water as an emergency shut-off under Section 78-32(2) below. 3. Hearing Procedure. If a hearing is requested, ERMU shall hold a hearing no sooner than 20 days after the request for a hearing is received. Written notice of the hearing date shall be given to the account holder at least 10 days before the hearing date. The hearing shall be held before the ERMU Commission or a committee of the commission or a hearing officer, as determined by the Commission. The hearing board/officer shall make findings of facts regarding whether the account is delinquent or if shut-off is warranted for other reasons. If a finding is made that shut-off is warranted, the hearing board/officer shall set a date for water shut-off, and ERMU shall shut the water off no earlier than that date. Sec. 78-32. Shut-Off Procedures. 1. Non-Emergency Shut-Offs. Water shut-offs shall be done by ERMU personnel or by contractors engaged by ERMU. Water will always be shut-off at the street unless the stop-valve cannot be located. ERMU shall have the right to take reasonable measures, including the excavation and removal of existing landscaping, driveways, sidewalks and other improvements as necessary, to locate the stop-valve. If the stop-off valve cannot be located, written notice of the date that ERMU needs access to the property to shut-off water will be posted on the property and mailed to the account holder and any lender(s) that can be identified. On the date that water is to be shut-off, the Elk River Police Department shall accompany ERMU personnel to the property. If the property is not vacant, the police will advise the occupant to allow ERMU personnel to enter the property to shut-off water. If the property is vacant, a locksmith will be brought along to gain entry to the property and Elk River Police Department will accompany ERMU into the property to shut-off the water. 2. Emergency Shut-Offs. ERMU shall have the right to make an emergency shut-off if there is visible or other evidence that water is running and the property is either vacant or there is no response from the occupant; if ERMU receives notice that electric or gas has been shut-off to a property between October 15 and April 15 and the property is either vacant or there is no response from the occupant; or if ERMU determines, upon inspection, that a property is vacant and that there is a danger of the water service freezing. ERMU personnel shall attempt to give notice to the owner or occupant prior to an emergency shut- off. Water will be shut-off immediately from the stop-valve in the street if the stop-valve can be located. If the stop-off valve cannot be located and the property needs to be entered to shut-off the water, ERMU personnel will contact the Elk River Police Department for assistance in entering the property and ERMU will attempt to get a locksmith to enter the property. If it is necessary to force entry, ERMU personnel will do so only with the Elk River Police Department’s assistance. Neither ERMU, nor the City of Elk River, nor any employee or contractor employed by ERMU or the City, shall be liable to the property owner or other person or entity for any damage to the property as a result of the need to force entry into the property. A notice will be mailed and posted on any property where water has been shut-off without prior written notice advising that the owner or occupant may request a post shut-off hearing to contest the shut-off. The post shut-off hearing will follow the procedures set forth in Section 78-31(3). Sec. 78-33. Recovery of Costs for Shut-Offs. ERMU shall recover its costs for water shut-offs. If water is shut-off from the stop- valve in the street, there shall be a $100 shut-off fee which must be paid before service will be restored. There will be no additional fee to restore water service if service can be restored from the stop-valve. If it is necessary to excavate to search for the stop-valve, there shall be added to the $100 shut-off fee an amount equal to ERMU’s total costs to locate and excavate the stop-valve, including appropriate charges for the use of ERMU equipment and personnel and/or all costs for third party contractors. If it is necessary to enter a property to shut-off the water, there shall be added to the $100 shut-off fee an amount equal to ERMU’s total costs to shut-off the water, including appropriate charges for the use of ERMU equipment and personnel and/or all costs for third party contractors. In situations where a break in a water service line between the street and the water meter serving a property has resulted in significant loss of water, ERMU shall charge the property for the estimated amount of water lost. All shut-off fees and related costs charged to a property which remain unpaid for 30 days may be certified by the City Clerk to the County for collection with real estate taxes. Sec. 78-34. Reconnections. No property which has been disconnected from the water service shall be reconnected unless and until ERMU and/or the City of Elk River has inspected the property to ensure that the water lines are in working order and all fees and costs charged to the property under this Ordinance have been paid in full. DIVISION 4. RATES AND CHARGES Sec. 78-41. Rates and Charges Generally. There are established in the city water availability charges, water connection charges and water utility user charges and rates. Water availability charges are due and payable at the time property served by the water utility is final platted into buildable lots. Water connection charges are due and payable at the time of connection of a building to the water utility, or at the time connection is required to be made to the water utility pursuant to Section 78-21. User charges and rates are due and payable in such amounts and at such times as required by the public utilities commission. Each charge and/or rate shall be in the amount established by duly adopted resolution of the city council or the public utilities commission. Sec. 78-42. Applicability of Charges. All properties connected to the city water utility shall abide by the rules and regulations of the public utilities commission and shall pay all applicable water availability charges, water connection charges, user charges and rates established by the city council and/or the public utilities commission. Properties which are required to connect to the water utility pursuant to Section 78-21, but have not connected within two years of availability of water service as required by Section 78-21, shall be charged the applicable water availability charge and water connection charge and a monthly user charge in an amount established by the city council or the public utilities commission. Sec. 78-43. Collection of Fees and Charges. All water service fees, and all charges and costs charged to a property pursuant to this ordinance, which remain unpaid 30 days after the due date, may be certified by the City Clerk to the County for collection with real estate taxes. In addition, no property which has been disconnected from the water service will be reconnected unless and until all unpaid fees, charges and costs have been paid in full. Division 5. Restrictions and Enforcement Sec. 78-51. Water Use Restrictions. The public utility commission of the City of Elk River is hereby authorized to invoke water use restrictions in cases of emergency to ensure adequate water supplies to meet the health, safety, and welfare needs of the City of Elk River and its residents. Water use restrictions shall be invoked by resolution of the public utility commission, and shall take effect immediately upon adoption of such resolution. The public utility commission may delegate its general manager or water superintendent authority to impose temporary water use restriction until the commission can meet to consider a resolution. The penalties imposed below in Section 78-52 may be invoked upon publication of the resolution imposing restrictions in the 78-52 legal paper. Sec. 78-52. Penalties. The first violation of the restrictions contained in this article shall subject the offending person, firm, corporation or association to a written warning. A second violation of the restrictions shall be a petty misdemeanor with a penalty of $50.00 and shall increase to the sum of $100.00 for the third violation. A fourth violation shall result in water shut-off with the reconnection fee to be paid by the offending property owner according to the policies of the public utilities commission. No penalty can be imposed unless a person had, or should have had, prior knowledge of the ordinance restrictions. This may be shown by the fact that prior warning was delivered to the person or to an occupant of the premises to be assessed. Sec. 78-52 – Enforcement. This article shall be enforced by appropriate ERMU or City personnel in accordance with city ordinances. (Ord. No. 06-11, 10-2-2006) Secs. 78-53 – 78-70. Reserved Section 2. That this Ordinance shall take effect upon publication as provided by law. nd Passed and adopted by the City council of the City of Elk River this 2 day of March, 2009. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk RESOLUTION 09- A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE #09- AN ORDINANCE AMENDING ARTICLES I & II OF CHAPTER 78 PROVIDING FOR THE OPERATION OF THE DISCONTINUANCE OF WATER SERVICE AND ESTABLISHING PROCEDURES FOR WATER SHUT-OFFS WHEREAS, on March 2, 2009 the Elk River City Council adopted Ordinance 09-_ reformatting and amending Article I and II of Chapter 78 of the Elk River Code of Ordinances; and WHEREAS, ordinance # 09-_ provides for the operation of the Elk River water system by the Elk River Municipal Utilities; authorizes Elk River Municipal Utilities to adopt rules and regulations for operation of the water system; regulates the location of and access by Elk River Municipal Utilities to water stop valves and meters; provides procedures for disconnection and reconnection to the water system, its continuance of water service and for water shut off; and provides for recovery of Elk River Municipal Utilities cost for disconnecting and reconnecting from the water system; and WHEREAS, a copy of the full text of the ordinance is available for inspection by any person at the office of the Elk River Ciry Clerk, 13065 Orono Parkway, during regular business hours - 8:00 a.m. to 4:30 p.m., Monday through Friday; and NOW, THEREFORE, BE IT RESOLVED, that the Ciry Council, by at least four-fifths vote, authorizes the publication of the title and summary of Ordinance 09-_ and that Ordinance 09-_ shall become effective upon publication of this resolution. Passed and adopted this 2"d day of March 2009. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk S:\Resolutions\Sum Pub Water.doc