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5.4. ERMUSR 03-10-2009Elk River Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Phone: ?63.441.2020 Elk River, MN 55330-0430 Mazch 5, 2009 Fax: 763.441.8099 To: Elk River Municipal Utilities John Dietz Jerry Gumphrey Daryl Thompson From: Vance Zehringer Subj: Water Shutoff Ordinance The City Ordinance governing discontinuance of water service was presented and adopted at the March 2 meeting of the Elk River City Council. It has been amended from what was presented at the Feb 24 Utilities Commission meeting to include Sec 78-24 Disconnection From Water System, Sec 78-33 Recovery Of Costs For Shut-Offs, Sec 78- 34 Reconnections, and 78-43 Collection Of Fees And Charges. Sections 78-24, 78-33, and 78-34 gives ERMU additional rights to assure unpaid water bills can be collected for emergency situations (burst pipes in abandoned home) by requiring payment prior to reconnection. Those changes are outlined in blue. ' The ERMU Policy and Procedures For Water Shut-offs has been amended to reflect the changes specified in the City Ordinance. A copy of that document is included and changes are outlined in red. ORDINANCE NO. 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 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. Trat 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. Secs. 78-11- 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. S. 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 far 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. 1 Except in emer~encv situations or as provided in Division 3 below. no building shall be disc nnected from the water svstem without the prior written approval of ER_MU and no approval shall be granted to disconnect anv building which is occupied or used for anv puroose Requests to discoruiect from the water svstem shall be accompanied by a certification from the owner of the ~pertv that the building is vacant and unused for anv puroose. 2 If ERMU grants approval for a propertv to be disconnected from the water service it hall be the propertv 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. Tem~orarv. emergency disconnections are allowed. provided that ERMU is advised as oon as is practical of the emergency and the schedule for reconnectins the building to the water ~~~~ 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 rrsail 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. ERI~iU 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 ERM[J receives notice that electric or gas has been shut-off to a property beriveen October 15 and April 15 and the property is either vacant or there is no response from the occupant; or if ERMU determines, upon inspeciion, 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 $600 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 $600 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 casts for third party contractors. If it is necessary to enter a property to shut-off the water, there shall be added to the $600 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 casts for third party contractors, In situations where a break in a water service line between the street and he w ter meter servinE a propertv has resulted in significant loss of water. ERMU shall charge the propertv 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. No property which has been disconnected from the water service shall be reconnected mess and until ERMU and/or the Citv of Elk River has inspected the pro e~rtv 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 nronertv which has bee disconnected from the water service will be reco nected unle and until all unpaid fee char~e5 ~d costs have been raid 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 78-521ega1 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. Passed and adopted by the City council of the City of Elk River this day of , 2009. ATTEST: Tina Allard, City Clerk Stephanie Klinzing, Mayor GP:2522523 vk} Elk River Municipal Utilities Policies and Procedures for Water Shut-offs I. Disconnection From Water System Except in emergency situations or as provided in Parts 2 - 5 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 shut off at the stop-valve by ERMU personnel. 3. Temporary, emergency disconnections are allowed, provided that ERMU is advised as soon as is practical of the emergency and of the schedule for reconnecting the building to the water system. 4. ERMU may establish fees to review and approve requests to disconnect form the water service, and shall be entitled to recover all of its costs to assist in disconnections, including emergency disconnections as in Part 5 below. II. Notice and Hearing Procedure for Delinquent Accounts. Mail written notice to accounts 30 days delinquent. 2. State that water will be shut-off for non-payment unless the account is brought current or a hearing is requested within 10 days. 3. If a hearing is requested: o hold hearing no sooner than 20 days after request; o written notice to account holder at least 10 days before hearing; o hearing held before ERMU Commission or a committee of the commission or a hearing officer, as determined by the Commission; o hearing board/officer makes findings of facts whether account is delinquent; o if finding made that account is delinquent and shut-off is warranted, sets date for water shut-off. 4. If no hearing is requested, inspect the property to determine if vacant and post notice on the property stating that water service will be shut-off unless the account is brought current or a hearing is requested within 10 days. 5. If property is vacant, attempt to identify and mail written notice to lender as well as posted notice. 6. If a hearing is requested following posted notice, follow hearing procedures set forth in 3 above. 7. If no hearing is requested, shut-off water 15 days after the last written notice or the posted notice, whichever is later. III. Notice and Hearing Procedure When a Property is Vacant or Other Utilities are Shut-Off. A. If ERMU shuts off electric 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 which would trigger Section I above, then ERMU will mail notice to the account holder stating that water service to the property will be shut off on October 15 unless: i . The account holder provides evidence that electric and/or gas service has been restored; or 2. The account holder requests a hearing within 10 days of the notice. B. If a hearing is requested, it shall be held pursuant to I. 3 above. C. If no hearing is requested, ERMU will post a notice on the property by October 1 stating that the water will be shut off on October 15, and the water will be shut-off on or after October 15th, pursuant to the procedures set forth in Section III below. D. If ERMU shuts off electric 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 the water as an emergency shut-off under IV below. IV. Shut-off Procedure for Non-Emergency Shut-Offs. A. Water will always be shut-off at the street unless the stop-valve cannot be located. B. ERMU shall have the right to take reasonable measures, including the excavation and removal of existing landscaping, driveway, sidewalks and other improvements as necessary, to locate the stop-valve. 2 C. If stop-off valve cannot be located: 1. Written notice of the date that F,RMU 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. 2. On the date that water is to be shut-off: o 'The Elk River Police Department will accompany ERMU personnel to the property; o If the property is not vacant, the police will advise the occupant to allow ERMU personnel to enter the property to shut-off water; o 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. V. Shut-Off Procedures for Emergency Shut-Offs. A. ERMU shall have the right to make an emergency shut-off in the following circumstances: 1. 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; 2. 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 3. If ERMU determines, upon inspection, that a property is vacant and that there is a danger of the water service freezing. B. ERMU personnel will attempt to give notice to the owner or occupant prior to an emergency shut-off. C. Water will be shut-off immediately from the stop-valve in the street if the stop- valve can be located. D. If the stop-off~valve cannot be located and the property needs to be entered to sl'iut-off the water: o ERMU personnel will contact the Elk River Police Department for assistance in entering the property; o ERMU will attempt to get a locksmith to enter the property; o If it is necessary to force entry, ERMU personnel will do so only with Elk River Police Department's assistance. E. ERMU personnel will not enter any property, whether admitted by an occupant, locksmith or by forced entry, without the participation of the Elk River Police Department. F. 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 I. 3 above. VI. Recovery of Costs for Shut-Offs A. ERMU shall recover its costs for water shut-offs as follows: 1. 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. 2. 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. 3. 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. 4. 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 reserves the right to charge the property for the estimated amount of water lost B. All shut-off fees and related costs charged to a property shall 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. VII. 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 City Ordinance, Chapter 78, Article II have been paid in full. GP:2520088 vl 4