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ORD 09-02ORDINANCE NO. CITY of ELK RJR AN ORDINANCE of THE CITY of ELK RIEVER REFORMATTING AND AMENDING ARTICLES I AND II of CHAPTER 78 of THE E RIVER CITY CODE of oRD NANCE � 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 Fellows: Section 1. That Articles I and Il of Chapter 78 of the Elk River City C de of Ordinances are hereby amended to ream as `o o rs: ARTICLE 1, IN GENES Secs. 78-1-78-10. Reserved. ARTICLE 11. WATER SYSTEM MSION 1. GENERMILL Y. Sec. -. Operation of water System. The City of River dater System shad. be operated and mataed by the Elk River Muidpal Unties (EBATLJ), which may enter into such agreements as it deems appropriate w t . the City of River to assist in the operation and maintenance of the water systems. Sec. 8-12. Rules and Regiflations, ERMU shaU have the a t .ority to adopt such Rules and Regulations for operation and use of the water system as it shad deem a ro ate. Such Rules and Regulations shall be valid and enforceable, to the extent they are consistent with other law, cluding the City of Elk River Code of Otdinances. Secs. 78-43 — 78-20. Reserved. SON 2. CONNECTION TO WATER SYSTEM Sec, 78-21. Connection ree 1. The following buildings shall be recd =ed to be connected to the city water utility: AU bindings connected to the water utility on the date of adoption of the ordnance Protn which this article is derived shad, remain, connected to the water utility for so long as the building is occupied or used for a.ny pose. 2. AU buildings constructed after such date on property to which water utility se v *ce is available at the time a certificate of occupancy is issued for the building shall be required to connect to the water ufflity pr*or to occupancy. All buildings constructed after such date on property to which. {water udlity service becomes avaable 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 utity service becomes available to the property or the date the property is assessed for water utility . rov'e .ents, whichever is later. b. AU other buldings shah be required to connect to the water utility wlthn o days from the date water ut ity 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 utity service becomes available after such date shall be required to be connected to the water utility as foflows: a. AU 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 unity improvements, whichever is later. . All other buildings shall be reed to connect to the water utility wthn o days from the date water udlit7 service becomes available to the 'ropes • All buildings e sting on the slate of adoption of the ordinance from which this article is derived on property to which water utity service is avFaable but which has not been assessed for water utility improvements sh.aH be required to connect to the water utility as Mows; . All residential buildings with one or two residential units shall be required to connect to the water utity wig two years from the date water utility service becomes available to the property or the propel is assessed for water utility poveents, whichever is later. b. All other buildings shall be required to connect to the water utility wi days from the date grater utility service becomes available to the property. 6. All buildings e fisting on the date of adoption of the ordinance from which this article is derived on property to which water udlity 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. AR residen.tid buildings with one or two residential units shall not be required to connect to the water utility unless and until the city council deter-mine on a case -by --case basis that connection to the water utility is necessary to protect the pubic health, safety and welfare or to otherwise comply with applicable law. . AU other buildings shall be requixed to connect to the water udli y within two years of die date of adoption of the ordinance from which ft- is article is derived. See. 78-22. Notice to Connect; Installation of Connection by City. The owner of any building required by section 78-21 to be connected to ffie city water utility shall cause the building to be connected to the water: unity t the o� n,e 's expense as required. If connections to the water utility are not being made pursuant to des section, the city shall serge 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 NviU be jade by the cite 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 dhe legal :ate for local provements, shall be certified to the county auditor and collected and rernitted to tlic cite in the sane manner as assessments for local improvements. The rights o f ffie city under this section shall he in addition to other remedial or enforcement rights provided by d s Code or other applicable law. Sec. 78.23. Location of and Access to Stop Valves. AU eater seiirlce lines connecdng a building to the facilities of the water utility shall have a stop valve installed. The stop vahre shall meet specifications established from time to time by the City Department of public Works. The stop vahre shall be located in die pub ,c right-of-way U=ediately adjacent to or In the curb, unless another location is approved in writing by the Department of public Works. The property owner sha . not remove, obstruct or cover the step 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 M' taHed and located as required by applicable building codes and ERNIU Rules and Regulations. property owners shall provide E Fd\/IU with access to water meters for the purposes of reading, cl ecl .ng, repairin or replacing meters. ERTvI shall 91ve written notice to propert y o wner when it needs to access a meter. If no response to the notice is received Within 30 days, ERNIU shall give a second notice advising that water service i i . be shut-off if there is no response id-�n 15 days. If there is no .response, RMU shall inspect the property to see if it is vacant and shall post a notice on the property that eater seni e will be but -off in 15 days unless access is provided to the mete: Within drat time period. if no response is received, ERNIU may shut-off eater senrice 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 33. See. 78-25. Disconnection from Water System. D cep t in emergency situat o s or as provided in DiNTIsion 3 below, no b adin shal be disconnected from dhe water s ystem without the prior written approval of RM, and no approval shall be granted to disconnect any building which is occupied or used for any purpose. Requests to disconnect from ae water system shall e accompanied by a certification from die owner of the er ro p p that die building is vacant and unused for any pose. ?- If ERMU grants approval fora propert f to be disconnected ected from die water setirice, it shaH be die property owner's responsibility to have d -le eater service shut-off a the stop vahre by a Ecensed plumber. EI�NIU xxrM asst in loca n the sto ��� �� � p � requested. 3. Temporary, emergency disconnectio s are allowed, p rovided that is advised as soon as is practical of the emergency and die schedule for reconnecting the building to the water system. 4. ERMU ma y estabfish fees to review and approve re uests to disconnect water senrice, and shall be entitled to recover all of its costs to assist M d.i co nection including emergency disconnections, as pro�+� f ded in - elow. DIVISION 3. DISCONTINUANCE of SERVICE Sec. 78-31. Notice and Heafing Procedures for Discontinuance of Service, Delinquent Accounts. Elk, 1 rer Muru 1 211 UdEdes -RMU) shafl ma U written notice to all accounts 30 days delinquent stating that water ser vice w e slut -�o f un� e ess ti accounts brough t cur-ten t or a hearing is requested vide 10 days. I f the account is brought currentand no Hearin is -requested, EMMU shaH m p eet the property to deterrnme if it is vacant and, s aH post notice on the proper r that water set rice wM be shut-off m 15 dais unless die account is rought current or a hearmg is requested within days. ERI\/I shall shut-off pater setTice to the address no earler than 15 days from the date of the posted notice (unless an emergency shut -off is warranted). If a hearing is requested, it slab be held pursuant to Secdon 3 below. Properties vacant or With Other Utihties Shut-Off. a, pr to October . If ERMU shuts off electrical service to a property, recellres notice that electric service or gas to a proper has been gut o - - t or r elves information that property is vacant, between April 15,and October 15, and J ere is no de n uenc y on the water account, den ERMU shad mail notice to die account holder and shafl post notice on the property stating that water service to the pro pert r ifl be shut off on October 1 un es the account holder provides evidence that electric and/or gas see -vice has been restored or the account holder requests a hearing xvi thin 10 days o f the notice. If a hear �s requested, it shaH be held Pursuant to Section on e below. hear F g is requested, water shall be shut -off on or about October 15th, pursuant to the procedures set forth in this ordinance, h. October 15 to p:dl 15. If ERMU shuts off elect cal sem*ce to a property, receives notice that electric service or gas to a property has been shut-off, or receives informadon that a Propel is vacant, between October 15 and Apxil 15, ERAITJ may proceed to shun -off water as . emergency shut -off under Section -32(2) below. 3. Hearing Procedure. If a hearing is requested, EPJYEU shag hold a hearm*g no sooner than 20 daps after the request for a hearm'g is received. Written nonce of the hearing date S hah be given to the account holder at least 10 days before the hearing date. The hearing sha. be heal before the Commission or a committee o the cotes ion r he �g officer, as determined by the Co nu sion, The heaving board/officer shaR make findings of facts regarding whether the account is delinquent or if shut -off is warranted for other reasons. If a ceding is made that shut-off is wa anted, the hearing board /officer shall set a date for water shut-off, and ERMU shall shut the water off no eager than that date. Sec. 8 -. Shut -off Procedures. 1. Non- Emergency Shut -Offs. Water shun -offs shall be done by ERrJ personnel or by contractors engaged by EMAU. Water w .l always be shut -off at the street unless the stop-valve cannot be located. ERMU shad. have the right to take reasonable measures, including the e ca adore and removal of e3dsting landscaping driveways, sidewalks and other improvernents as necessaiT, to locate the stop - valve. If the stop-off valve coot be located, Witten notice of the date that ERMU needs access to the propel to shut-off water will be posted on the property and wed to the account holder and any lender(s) that can be idend ed. on the date that water is to be shut-off, the Elk Fiver Police Department shall accompany ERN CJ personnel to the property. If the property is not vacant, the police will advise the occupant to a.or ERMU personnel to enter the property to shut-off grater. If the property is vacant:, a locksmith wM be brought along to gam' entry to the propel and River Police Department will accompany ERMU into the property to shun -off the water. 2. Emergency nut- -Offs. ERMU shall have the tight 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 electdc 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 dete nes, upon inspection, that a property is vacant and that there is a ganger of the water service freezing, ERMU personnel shall attempt; to give notice to the owner or occupant prior to an emergency shut- off. Water wiR be shut-off ediatel r 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 shun -o' the water, ERMU personnel will contact the l River Police Depa=ent for assistance iu enten*ng the property and ERMU wiU attempt to get a locksmith to enter the property. If it is necessary to force entry, ERMU personnel win do so only with the Elk River Police I epartnaenes assistance. Neither ERMU, not the City of Elk River, not 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 wed and posted on any property where water has been shut-off without prior wtdtten notice advising that the owner or occupant may request a post shut --off hearing to contest the shut -off. The post shut -o` heating will follow the procedures set forth in Section 78-31(3). See. 78-33. Reeove r of Costs for Shut-Offs. RMU shall recover its costs for water shut-offs. s. water is shut -off from the stop- valve the street, there shall be a $100 shut-off fee which must be paid before service be restored. There will be no additional fee to restore water emce if service can be restored from the stop valve. If it is necessary to excavate t search for the stop - valve, there slam be added to the $100 shut --ofd' fee an amount equal to ERMU's total costs to locate and excavate the stop - valve, including appropriate charges for the use of RAIU equipment and personnel and/or all costs for third party contractors. if it is necessary to eater a property to shut-off the water, there shall be added to the S 100 shut-off fee an amount equal to RNITJ's total costs to shut-off ` the water, including rote charges for the use of ERNITJ equipment and personnel and/or all casts for third party contractors. In situations where a break a water serv-ice line between the street and the water meter serving a property has resulted significant loss of water, ERMU shall. charge the property for ithe estimated mount of grater lost. All shut -o ff fees and related, costs charged to a property which remain unpaid for 30 days may be ceded by the City Clerk to the County for collection with real estate taxes. Sec. 7-4. Reconnections. No pr pew which has been disconnected from the water service shall be reconnected unless and unto ERMU and/or the City of River has inspected the prop to ensure that the water lines are in wog order and au fees and costs charged to the property under this Ordinance have been paid fiuu. MSION 4, RATES AND CHARGES See, 78-41. Rates and Charges GeneraUy. `here are established i the city water availability, charges, water connection charges and grater utility user charges and rates. water avni ability charges are due and payable at the time property served by the water udht ` is dal platted into buildable lots. Mater connection charges are due and payable at the time of connection of a building to the water udl ity, or at the time connection is required to be wade to the water utility pursuant to Secdon 7 -1. User charges and rates are due and payable in such aunts and at such tomes as required by the public ut lides commission. Each charge and/or rate shall be in the amount established by duly adopted resoludon of the city council or the public utilities corn=sslon. Sec. 78-42. Applicability of Charges. All properd es connected to the aq water ud t t shall abide by the rules and reguladons of the public u6hties cow sion and shad pay all applicable grater availability charges, water connection charges, user charges and rates established by the city council and/or the public utili grater u dhty pursuant to Section 8 -21, but have not connected wi thin two years of availab �ty of water ser ice as required by Section 8 -2I, shall be charged the applicable water avaflability charge and water c n.nec on charge and a monthly user charge m an amount established by the dry council or the public udlities con3im*ss�on. Sec. 8 -3, Collection of Fees and Charges. Al water service fees, and all charges and costs charged to a property pursuant to this ordinance, which rein un ald 30 days after the due date, may be cerdfied by the City Clerk to the County for collection with real estate tars. In addition, no property whi Passed and adopted by the City count of the City of Elk Rive sad clay of March, 2009. ATTEST: Tina mod, City Clerk Step Ma AFFIDAVIT OF PUBLICATION 1GUTION 09 -IS STATE OF MINNESOTA SS A LUTIONOFTHE COUNTY OF SHERBURNE ) CITY OF ELK RIVER ' A RESOLUTION APPROVING NOTICE OF SUMIARY PUBLICATION OF ORDINANCE #09 -02 AN ORDINANCE Heidi Quanrud, being duly sworn on oath says that she is the office manager of the AMENDING ARTICLES & Newspaper known as the Star News, and has full knowledge of the facts which are stated H OF CHAPTER' 78 PROVIDING FOR THE below: OPERATION OF THE DISCONTINUANCE OF (A) The Newspaper has complied withal] ofthe requirementsconstituting qualifications WATER SERVICE AND as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331A.07 and other ESTABLISHING PROCEDURES FOR applicable laws, as ammended. WATER SHUT OFFS WHEREAS, on March 2, 2009 (B) The printed Public Notice: Ordinance 09 -02, which is attached was cut from the the Elk River.City Council columns of said newspaper and was printed and published once a week for one week; it was adopted Ordinance 09 -02 first published on Saturday, 7th day of March 2009 and was therefore printed and reformatting and amending P Y� Y P Article I and II of Chapter 78 of published on every Saturday to and including Saturday, the 7th day of March, 2009, and the Elk River Code of Ordi- printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is nances; and WHEREAS, ordinance # 09 -02 hereby acknowledged as being the size and kind of type used in the composition and provides for the operation of publication of the notice the Elk River water system by the Elk River Municipal Utili- ties; authorizes Elk River Municipal Utilities to adopt abcdefghijklmnopgrstuvwxyz rules and regulations for opera- tion of the water system; regu- --%tes the location of and access Elk. River Municipal Utili- (} j dies s water atop valves and meters; provides procedures for disconnection and. reconnection to the water system, its con- tinuance of water service and for water shut off; and pro- vides for recovery of Elk, River Office Manager Municipal Utilities cost for dis- connecting and reconnecting Subscribed and sworn to before me on from the water system; an,Il this 7th day of March 2009 WHEREAS, a copy of tl# full Y text of the ordinance is*vail- �.s, able for inspection by any per- °(� H ��j l( j son at the office of th ElkRY PUBLIC River pity Clerk, 1306b zono Parkway, during regular busi- �1NFsou ness hours - 8:00 a.m. to 4.30 _c rspirss Jan. 31, 2010 p.m., Monday through Friday; and NOW, THEREFORE, BE IT RESOLVED, that the City Council, by at least four - fifths Notary Public vote, authorizes the publica- tion of the title and summary of Ordinance 09 -02 and that Ordinance 09 -02 shall become RATE INFORMATION effective upon publication of this resolution. Passed and adopted this 2nd (1) Lowest classified rate paid by $ 20.00 day of March 2009. n commercial users for comparable space Stephanie Miing, (line, word or inch rate) Mayor ATTEST: (2) Maximum rate allowed by law for the $ 15.50 Tina Allard, lity Clerk (Mr7) above matter (line, word or inch rate) (3) Rate actually charged for the above $ 15.00 matter (line, word or inch rate) 1,617,258