ERMUSR HANDOUT#1 05-12-2009
D
CITY ®~° EL~c RztrER
SEC°I°ION ~®6 ~T~R USE RESTRIC'TIOR~S
~-0~. QQ ~ G7ATER T~SE FZE,STRICTION
The Public Utility Corr~nission of the City of Elk River is hereby
authorized to invoke water use restrictions in cases o= emergency to
ensure adequate water supplies to meet the health, safety, and welfare
needs of the City of EIk River and its residents. Water use
restrictions shall be invoked by resolution of the Public Utility
Corrsrtission, and shall take effect immediately upon adoption of suckz
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 unposed below in Section 406.01 may be invoked upon
publication of the resolution imposing restrictions iri the legal papers
4 1 = PENALTIES
The first violation of the restrictions contained in this ordinance
shall be subject the offending person, fire, corporation or association
to a written warning. A second violation of the restrictions shall be
a petty misdemeanor with a penalty of $50 and shall increase to the sum
of One Hundred Dollars ($100) for the third violation. A fourth
~iolat%on shall result in a water shut-off with the reconnection fee to
~e 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.
4Q~~Q 2 = ENFORCEMErJT
This Ordinance shall be enforced by the Police Chief, the Fire Chief,
and their authorized designees, in accordance with City Ordinances.
,_ ilVe have received a number of comments form our customers concerning the times of the watering
restriction. Nlany of our customers desire more time, particularly in the morning, to water. their lawins.
9n an effort to be responsive to our customers request, the sprinkling restriction has been changed to
the following:
1~® sprinkling is allowed from 90:00 a.m. to 6:00 p.m. Those with even numbered addresses
may sprinkle before 10:00 a.m. and after 6:00 p.m. on the even numbered days and those
with odd numbered addresses may sprinkle before 90:00 a.m. and after 6:00 p.m. on odd
numbered days.
Your response to our iniiial request on curtailing lawn sprinkling has been appreciated and dve ask for
your continued cooperation.
ELK RIlIEFt ~flIJNICIPAL t1TIL9TdES
Notice
In an effort to promote «~ater conser- .
vation and keep your ~~~ater cost
lower by not construction additional
wells, a sprinkling ban is in effect for
Elk River.
WATER RESTRICTION IN EFFECT
No sprinkling is allowed
from 10:00 a.m. to 6:00 p.m.
Those with even addresses
may sprinkle before 10:00 ~ ,
a.m. and after 6:00 p.m. on
the even days and those
with odd numbered
addresses can sprinkle ~
before 10:00 a.m. and after
6:00 p.m. or1 odd numbered days.
YOUR COOPERATION
IS APPRECIATED.
Elk River Mwnicipal Utilities
`~ \~ 322 King Avenue
Elk River, MN 55330-2596
(612) 4~1-2020
..
ARTICLE II. WATER SYSTEM
ARTICLE II. WATER SYSTEM
Sec. 78-31. Connection required.
The following buildings shall be required to be connected to the city water utility:
Page 1 of 3
(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
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ARTICLE II. WATER SYSTEM
Page 2 of 3
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 city water utility within
two years of the date of adoption of the ordinance from which this article is
derived.
(Code 1982, § 1304.00)
State law references: Authority to require connection to water system, Minn. Stats. § 412.221, subd.
31.
Sec. 78-32. Notice to connect; installation of connection by city.
The owner of any building required by section 78-31 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.
(Code 1982, § 1304.02)
State law references: Authority to so provide, Minn. Stats. § 412.221, subd. 31.
Sec. 78-33. 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 78-31. 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.
(Code 1982, § 1304.04)
State law references: Public utilities commission to fix water rates-, Minn. Stats. § 412.361, subd. 4
Sec. 78-34. 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 78-31, but have not
connected within two years of availability of water service as required by section 78-31, shall be
charged the applicable wa#er availability charge and water connection charge and a monthly user
charge in an amount established by the city council or the public utilities commission.
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ARTICLE II. WATER SYSTEM Page 3 of 3
(Code 1982, § 1304.06)
Sec. 78-35. 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 78-36 may be invoked upon publication of the
resolution imposing restrictions in the legal paper.
(Ord. No. 06-11, 10-2-2006)
Sec.78-36. 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.
(Ord. No. 06-11, 10-2-2006)
Sec.78-37. Enforcement.
This article shall be enforced by the police chief, the fire chief, and their authorized designees,
in accordance with city ordinances.
(Ord. No. 06-11, 10-2-2006)
Secs. 78-38--78-70. Reserved.
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