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Ordinance 005t CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 5 AN ORDINANCE REGULATING CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY AND ESTABLISHING RATES AND CHARGES THEREFORE The Chanhassen City Council ordains: Section 1. Use of Municipal Sewers and Connection Thereto. 1.01 Requirement to Connect with Sanitary Sewer. 1) The owner of each existing building or structure from which sewage or industrial waste is drained and which is located on premises adjacent to a sewer of the City sanitary sewer system, or in a block through or to which the sanitary sewer system extends, or is within 150 feet of said sanitary sewer system, shall cause said premises to be connected with the sanitary sewer system of the City within 12 months after such connection becomes available to any such premises, unless in the opinion of the City Council after con- sultation with the City Engineer it is neither feasible nor practical to make such connection. is 2) All buildings and structures hereafter constructed within the City on premises adjacent to a sewer of the City sanitary sewer system, or in a block through or to which the sanitary sewer system extends, or is within 150 feet of said sanitary sewer system, shall be connected to the City sanitary sewer system for the disposal of sewage or industrial waste. 1.02 Failure to Comply, Notice. Any person required by Section 1.01 hereof to connect premises with the sanitary sewer system shall cause such connection to be made within 30 days after receipt of written notice from to City Clerk ordering said connection. Service of said notice shall be sufficient if served personally upon such person or served by certified mail addressed to such person at said premises. 1.03 Connection by City. Whenever any owner shall fail to comply with such written notice, the Council may by resolu- tion direct that a connection be made with the sanitary sewer and that the cost of said installation be assessed against the property benefitted. 1.04 Assessment and Collection. After such installation and connection is completed by order of the Council, the City Clerk shall serve a written notice of the assessment upon the owner directing him to pay said assessment to the City within ten days after the service of said notice. If such assessment is not paid within ten days the City Clerk shall certify the amount thereof to the County Auditor for collection in the same manner as other special assessments for such a period and under such terms as the City Council shall determine. 1.05 Certain Connection Forbidden; Removal Thereof. 1) No owner or other person shall discharge into the sanitary sewer system any surface or subsurface waters, water or other fluids used in the air conditioning or heating equipment, gravel, sand, dirt or other heavy materials, or any substance causing obnoxious odors or gases. 2) Any owner or other person who has heretofore made, or shall hereafter make any connection to the sanitary sewer system for the purpose of discharging into said system the substances described in this section shall immediately remove such connection. If such connection is not removed within 15 days after notice of such violation is served upon such owner or other per- son, or posted in the premises where such viola- tion has occurred, the Council may order the Plumbing Inspector to cause such connection to be removed, and the expense of such removal shall be assessed against such premises and certified to the County Auditor for collection in the same manner as other special assessments, and the same shall become a lien on such property until paid. Violation of this section shall constitute a mis- demeanor. 3) To insure compliance with this section, all new construction involving the installation of sump pumps to be used for drainage purposes shall include a convenient outside discharge. This discharge shall be provided whether the pump is actually being put in place or being plumbed for future hook-up. Section 2 Permits. 2.01 Master Plumber. Any work which in any way affects the City's sewer lines or connections thereto shall be per- formed only under the direct supervision of a master plumber licensed by the State of Minnesota, who, prior to the doing of any work in connection therewith, shall first obtain a written permit therefore from the City. In the event that the permitted work includes any direct contact with the City's sewer system or the alteration of a City -2- street, the plumber shall file with the City a corporate surety bond approved by the City Clerk in the sum of $2,000, conditioned that he will perform competently all work with due care and skill, and in accordance with State and City laws, ordinances, rules and regulations. Said bond shall provide that the principal and surety shall • indemnify and save harmless the City and the owner of the premises for which the work is to be performed against all damages, costs, expenses, and claims of every nature arising out of violation of State and City laws, ordinances, rules and regulations, lack of skill, or negligence on the part of the principal in connection with the performance of any work hereunder or the furnishing of materials therefore. Said bond shall remain in force for a period of one year, except that on such expiration it shall remain in force as to all penalties, claims and demands that may have arisen thereunder prior to such expiration. 2.02 Permits Required. The master plumber shall make application for a permit on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information which the plumbing inspector may reasonably require. A separate and independent building sewer shall be provided for every building except where a building stands at the rear of another on an interior lot and no building sewer can be constructed to the rear building through an adjoining street, alley, courtyard, or driveway. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as the building sewer. Other exceptions may be allowed only by special permission granted by the Plumbing Inspector and City Engineer. 2.03 Inspections. Inspections of all interior plumbing and exterior services, including connections to the munici- pal system, are required. The permit holder is responsible to arrange for such inspections which are performed between 8:00 a.m. and 4:00 p.m. on weekdays within 24 hours of notification. All direct connections to and tappings of the actual City main line shall be supervised by the Utility Superintendent. Depending on the availability of the inspector, trenches may have to remain open for some period of time and in some instances overnight. In such cases the permit holder shall be responsible to enclose the opening to insure pedestrian and vehicular safety Section 3. Sewer Specifications. 3.01 Connections. Sanitary vice installation shall be as edition of the State Plumbing -3- sewer mains, manholes and ser - specified by the most recent Code. Section 4. Rates and Charges for Municipal Sewer Service. 4.01 Rate. A quarterly sewer usage unit rate shall be established by resolution of the City Council as a part of the annual budgetary process. 4.02 Billing of Sewer Charges. The Clerk shall prepare • and mail to the owner, occupant or lessee of each consumer premise connected with the sanitary sewer system a state- ment for sewer usage services furnished thereto during the preceding quarter. Said quarterly billings will be based on winter quarter water usage unless that consumption proves inaccurate, then actual quarterly usage measurements shall be employed. Charges for individuals connected to sewer but not water shall be billed on an assumed usage rate. 4.03 Payment of Sewer Service Usage Charges. The City Clerk shall compute the amount due to the City for sewage charges and render a quarterly statement thereof. All amounts due as shown on the statement shall be payable at the Municipal Building on or before the 20th day of the month in which the statement is presented. A penalty of 10% shall be added to all accounts that are not paid in full by said due date. This 10% penalty shall be computed on the unpaid balance not paid by the appropriate due date at the time each quarterly statement is prepared and presented. 4.04 Enforcement of Delinquent Charges. In the event any sewer usage charge is not paid within three months after the time it is rendered, the Council may recover said amount in an action brought in any court of competent juris- diction, or in the alternative, may certify the amount due together with penalties to the County Auditor to be collected with other real estate taxes levied against the premises served. Section 5. Connection Charges. 5.01 Certification �y City Clerk. No permit shall be issued to connect with the sanitary sewer system of the City either directly or indirectly from any lot or tract of land unless the City Clerk shall have certified: a. That said lot or tract of land, or portion of said lot or tract, to be served by such connec- tion has been assessed for the cost of construc- tion of the sanitary sewer lateral with which the • connection is made, or -4- b. If no assessment has been levied for said construction cost, that proceedings for levying such assessment have been or will be commenced in due course, or C. If no assessment has been levied, and no assessment proceedings will be completed in due • course, that a sum equal to the portion of cost of constructing said sanitary sewer which would be assessable against said lot or tract has been paid to the City as outlined in 5.02 below. 5.02. Payment of Connection Fee. The applicant shall pay a connection fee equal to the proportionate cost of construction of the sanitary sewer. Said cost is to be determined by the City Engineer using the same formula as was used for assessments previously levied against other property for the main and shall include equivalency charges as required to arrive at the present day worth of the sewer service. This equivalency charge shall be equal to simple interest calculated from the project assessment date to the connection date at the rate of interest at which the bonds sold to finance the project were issued minus a depre- ciation factor of 3% per year. If no assessment has been levied, the cost shall be determined by the City Council, and in determining said cost the Council shall take into consideration the front footage, shape and area of the benefittd lot or tract of land. • Upon written request of the owner of the benefitted premises showing good cause, the City Council may provide that the connection charge be specially assessed against the benefitted property payable in semi-annual installments for a term of eight (8) years at an interest rate equal to that at which the project bonds were sold. Unless deferred payment is so authorized, all connection charges shall be payable in full prior to the issuance of a building permit for new construction on said property. Section 6. Hook -Up Charges. 6.01. Charge Establishment. In addition to the connection charges setforth herein, a hook-up charge, for all lots not so charged as a part of public improvement assessment, shall be imposed against each lot or tract of land, or por- tion thereof, served by the sewer system for usage of sewer treatment facilities, lift stations, forcemains, and trunk sewers. The amount of this charge shall be established by • resolution of the City Council and may periodically be revised to reflect construction cost changes evidenced by the Engineering News - Record Construction Cost Index. 6.02. Unit Determination. The number of unit hook-up charges to be levied against each benefitted lot or tract of land, or portion thereof, shall be established by using the following criteria: -5- a. Single-family houses, townhouses, condominiums and duplex units shall each comprise one unit; b. Apartments shall each comprise eighty percent (80%) of a unit; c. Mobile homes shall each comprise one hundred percent (100%) of a unit; • d. Other buildings and structures shall be assigned one unit for each two hundred seventy four (274) gallons of water usage which it is estimated they will discharge, and commercial and industrial building units shall be assigned a minimum of one unit. The number of hook-up charges imposed against said premises may thereafter be revised by resolution of the City Council to more accurately establish the usage of the system, and the Council in making said redetermination may take into account the estimated strength and quantity of sewage to be discharged into the sanitary sewer system. Upon written request of the owner of the benefitted premises showing good cause, the City Council may provide that the hook-up charge be specially assessed against the benefitted property payable in semi-annual installments for such period and on such terms as the Council may determine. Unless deferred payment is so authorized, all hook-up charges shall be payable in full prior to the issuance of a building permit for new construction on said property. Section 7. Service Availability Charges. 7.01. Purpose. In order for the City to meet reserve capacity costs assessed by the Metropolitan Waste Control Commission to local government units for the metropolitan sewer disposal system, it is necessary to impose sewer ser- vice availability charges (SAC) for all buildings constructed or connected through the City sanitary sewer system to the metropolitan disposal system on and after January 1, 1973. 7.02. Service Availability Charges. In addition to, and not in lieu of, all other charges imposed from time to time by the City for building permits, sewer connection permits, sewer usage rates, and sewer hook-up charges, the then pre- vailing Metropolitan Waste Control Commission Service Availability Charge (SAC) shall be paid to the City at the time a building permit for new construction is issued, or at the time a sewer connection permit is issued for the is connection of an existing building to the City sanitary sewer system. The amount of said service availability charge shall be established from time to time by the Metropolitan Waste Control Commission. Section 8. Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not to exceed $500.00 or imprisoned for a period not to exceed 90 days. Each 30 day period that a violation is allowed to continue shall constitute a separate offense. • Section 9. Repeal. Ordinance No. 5 adopted on July 24, 1967; Ordinance No. 5-A adopted on September 25, 1967; Ordinance No. 5-B adopted on May 19, 1969; Ordinance No. 5-C adopted on July 19, 1971; Ordinance No. 5-D adopted on December 26, 1972; Ordinance No. 5-E adopted on March 7, 1983; Ordinance No. 53 adopted on June 18, 1973; and Ordinance No. 5 adopted on May 21, 1984 are hereby repealed. • Section 10. Effective Date. This ordinance shall take effect immediately upon its passage and publication. Passed and adopted by the City Council of the City of Chanhassen this 11th day of March , 1985. ATTEST: Don Ashworth, City Clerk/Manager T omas L. Hamilton, Mayor (Publish in the Carver County Herald on March 20 1985). (Summary Ordinance) -7- :! CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 5 AN ORDINANCE REGULATING CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY AND ESTABLISHING RATES AND CHARGES THEREFORE On March 4, 1985 the Chanhassen City Council adopted a revised Sanitary Sewer Connection Ordinance. This ordinance represents a codification of many existing ordinances and this summary is being published in lieu of publication of the entire ordinance. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk at the Chanhassen City Hall, 690 Coulter Drive, Chanhassen, Minnesota. The ordinance details the connection and permit requirements relating to the City's sanitary sewer system. Fees for service as well as a description of applicable connection, hook-up and SAC charges are also outlined. The revised section deals with . the formula used for calculation of connection charges. The penalty section of the ordinance provides that violations are a misdemeanor and subject to a $500 penalty or 90 days in jail. The ordinance is in full force commencing on the date of the publication of this summary. Don Ashworth City Manager (Publish in the Carver County Herald on March 20 , 1985). 0 City of Chanhassen Official Publication CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 5 AN ORDINANCE REGULATING CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY AND ESTABLISHING RATES AND CHARGES THEREFORE On March 4, 1985 the Chanhassen City Council adopted a revised Sanitary Sewer Connection Or- dinance. This ordinance represents a codification of many existing ordinances and this summary is being published in lieu of publication of the entire or- dinance. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk at the Chanhassen City Hall, 690 Coulter Drive, Chanhassen, Minnesota. The ordinance details the connection and permit requirements relating to the City's sanitary sewer system. Fees for service as well as a description of applicable connection, hook-up and SAC charges are also outlined. The revised section deals with the for- mula used for calculation of connection charges. The penalty section of the ordinance provides that violations are a misdemeanor and subject to a $500 penalty or 90 days in jail. The ordinance is in full force commencing on the date of the publication of this summary. Don Ashworth City Manager Pub. Carver County Herald March 20,1985) ( 777 ) Affidavit of Publication Carver County Herald State of Minnesota ) )SS. County of Carver ) S"A0T7STTn , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Carver County Herald, and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The printed ordinance No. 5 _ _hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published once each week, for "_1 __ _ suc- cessive weeks; that it was first so published on W e d the 2 n day of �cl 1rl9 °g 5 and was thereafter printed and published on every — to and including the day of ,198__ nd that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledg as being the size and kind of type used in the composition and publication of said notice, to wit: ` abcdefghijklmnopgrstuvwxyz Title: Subscribed and sworn to before me on this 2 () day of March � 198 5 S PW L -US Notary Public < NOTARY P€_f '-LK' '�'NNESGT` My C0mm1sZ,!(. P RATE INFORMATION Lowest classified rate paid by commercial users for comparable space. $6.00 per column inch Maximum rate allowed by law for the above matter .................... $4.49 per column inch Rate actually chargE;d for the above matter ........................... $4.49 per column inch