Ordinance 010a•
RHL
1/26/70
VILLAGE OF CHANHASSEN
F
CARVER AND HENNEPIN COUNTIES, MINNESOTA -
ORDINANCE NO. 10 A
AN ORDINANCE AMENDING SECTION 4.01 OF ORDINANCE NO. 10 OF THE
INDIVIDUAL SEWAGE DISPOSAL SYSTEM CODE.
THE VILLAGE COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1. Section 4.01 of Ordinance No. 10 adopted October 16,
1967, and entitled the "Individual Sewage Disposal System Code", is amended
to read as follows:
4.01 Permit Required. No person, firm or corporation
shall install, alter, repair, or extend any individual
sewage disposal system in the Village without first
obtaining a permit therefor from the Council or its
authorized representative for the specific installation,
alteration, repair, or extension; and, at the time of
applying for said permit, shall pay a fee therefor of
$20.00. Such permits shall be valid for a period of
six months from date of issue.
SECTION 2. This ordinance becomes effective from and after its
passage and publication.
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Passed by the Council this day of 1970.
MAYOR
ATTEST:
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CLERK
7,`-1
Published in�4 �7�z/ /i on the day of /�z 1970.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE
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ORDINANCE 10—A i.' s
AN ORDINANCE REGULATING THE DESIGN, LOCATION, INSTALLTION,
CONSTRUCTION, ALTERATION, EXTENSION, REPAIR, USE AND MAINTENANCE
OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS; REQUIRING PERMITS FOR,
AND LICENSING OF PERSONS ENGAGED IN THE DESIGN, CONSTRUCTION,
MAINTENANCE THEREOF OR PERFORMING PERCOLATION TESTS AND/OR SOIL
EVALUATIONS FOR INDIVIDUAL SEWAGE TREATMENT SYSTEMS; PAYMENT OF
FEES; PROVIDING FOR INSPECTION; PENALTIES FOR FAILURE TO COMPLY;
ISSUING, DENYING, MODIFYING, IMPOSING CONDITIONS UPON, SUSPENDING
OR REVOKING PERMITS OR LICENSES; AND OTHER MATTERS AS DETERMINED
TO BE NECESSARY FOR THE PROTECTION OF THE HEALTH, WELFARE AND
SAFETY OF THE PUBLIC AND PRESERVATION OF THE ENVIRONMENT.
THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. GENERAL.
1.01. Intent. The improper design, location, installa-
tion, use and maintenance of individual sewage treatment systems
adversely affects the public health, safety and general welfare
by discharge of inadequately treated sewage to surface and ground
waters. The City of Chanhassen herein provides the minimum
requirements for the design, location, installation, use and
maintenance of individual sewage treatment systems. The City of
Chanhassen, in adopting this Ordinance, does not guarantee or
warrant that compliance with the requirements herein will result
in individual sewage treatment systems that are fail safe, but
consider that compliance with the requirements herein will result
in individual sewage treatment systems with a reasonable
assurance of satisfactory performance when properly maintained.
1.02. Applicability. This ordinance shall apply to the
design, location, installation, use and maintenance of individual
sewage treatment systems constructed, altered, extended or
repaired in the City of Chanhassen.
1.03. Definitions. The following words and phrases, when
used in this ordinance, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this sec-
tion.
ec-
tion.
A. "Agency" when used in the standards adopted herein
shall mean department or inspector where
appropriate.
B. "City Council" shall mean the governing body of the
• City of Chanhassen.
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C. "Department" shall mean Chanhassen Community
Development Department.
D. "Director or Executive Director" when used in the
standards adopted herein shall mean inspector.
E. "Failure" shall mean the discharge of sewage, sewage
tank effluent or seepage from a soil treatment sys-
tem to the ground surface, abandoned wells, or
bodies of surface water, or into any rock or soil
formation -the structure of which is not conducive to
purification of water by filtration or into any well
or into any excavation in the ground or where there
is a demonstrated public health hazard.
F. "Inspector" shall mean
employed or engaged by
the responsibility for
implementation of this
the person or persons
the department and assigned
the administration and
ordinance.
G. "Person" shall mean any human being, any governmen-
tal or political subdivision or public agency, any
public or private corporation, any partnership, any
firm, association or other organization, any
receiver, trustee, assignee, agent, or other legal
representative of any of the foregoing or any other
legal entity.
H. "Repair" shall mean the act or process of restoring
or replacing a defective element of any individual
sewage treatment system to approximately its origi-
nal function without altering its original loca-
tion, capacity or operating characteristics.
I. "System" shall mean any individual sewage treatment
system as defined in the rules of the Minnesota
Pollution Control Agency 6MCAR 4.8040.
1.04. Compliance.
a) No person shall design, locate, install,
construct, alter, extend, repair, use, main-
tain, or perform percolation tests and/or soil
evaluation for any individual sewage treatment
system, except in full compliance with this
ordinance and standards adopted herein.
b) Unless specifically permitted by the City no
person shall allow sewage, sewage tank
effluent, or seepage from any soil treatment
system or any individual sewage treatment
system to be discharged to the ground surface,
abandoned wells, or bodies of surface water, or
into any rock or soil formation the structure
of which is not conducive to purification of
water by filtration, or into any well, or other
excavation in the ground.
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1.05. Conditions. Violation of any condition imposed by
the City on a license, permit, or variance shall be deemed a
violation of this ordinance and subject to the penalty provisions
set forth in this ordinance.
1.06. False Information. Omission of any information or
submission of false information may constitute grounds for the
denial of the license, permit or variance applied for, or the
suspension or revocation_ of an issued license, permit or
variance.
SECTION 2. STANDARDS FOR HEALTH, SAFETY, AND ENVIRONMENTAL
PRESERVATION.
2.01. Standards Adopted. The rules of the Minnesota
Pollution Control Agency 6MCAR 4.8040, Individual Sewage
Treatment Systems Standards and Appendixes A, B, C, D, and E are
hereby adopted by reference and made a part of this ordinance as
if set down fully herein.
2.02. Standards Amended. The above adopted rules, 6MCAR
4.8040 are hereby amended as follows:
A. Section C, entitled "General Provisions", shall be
deleted in its entirety.
B. The table in Section F.2.b(1) is amended to read as
follows:
Liquid Capacity of Septic Tank
Number of Bedrooms Tank Liquid Capacity -Gallons
2 or less 1,000
3 or 4 1,250
5 or 6 1,500
7, 8, or 9 2,000
C. Section H.2A.(5) is amended to read as follows:
Table III gives the required bottom area assuming
twelve inches of filter material below the distri-
bution pipe for trenches and beds. The required
bottom area may be reduced, for trenches only, by
the following percentages; 20% for 18 inches of
filter material below the distribution pipe; 34%
for 24 inches. The filter material shall complete-
ly encase the distribution pipe to depth of at
least two inches.
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D. Section K, entitled "Variances" is deleted in its
entirety.
2.03. Additional Standards. In addition to the above
standards the following shall also apply:
A. Alternative systems provided herein may be used
only for the repair or replacement of existing non-
conforming systems.
B. The design, construction, and location of component
parts of any alternative sewage treatment and
disposal system shall comply, insofar as practical,
Is with the design, construction, and location
requirements for the equivalent components of a
standard individual sewage treatment system as set
forth in this ordinance.
C. Section 2.03A, of this Ordinance, provides for
limited use of alternative sewage treatment systems
primarily to correct a failure to an existing
system. The need for an alternative treatment
system in these instances is because the land has
characteristics which are not conducive to conven-
tional individual sewage treatment. Monitoring of
the alternative system can provide valuable data
related to the applicability of the particular
design to other similar situations. For this
reason, any person proposing to utilize an alter-
native sewage treatment system may be required to
permit the Department to install monitoring devices
at the time of initial construction, or upon any
. alteration, repair, or extension of said system.
The cost of installing the monitoring device and
any subsequent laboratory analysis shall be borne
by the City of Chanhassen. The system owner shall
permit reasonable access by the Department for the
purpose of monitoring the system.
D. It shall be the responsibility of any person uti-
lizing an alternative sewage treatment system to
report to the Department all discharges from a
malfunctioning alternative sewage treatment system
as soon as possible but no later that 18 hours upon
knowledge of such discharge, and further abate such
discharge as soon as possible but no later than 48
hours.
E. All beds shall be sized at 1.25 times the soil
treatment area required in 6MCAR 4.8040 H. 2.a(4)
Table III.
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F. Where a dosing chamber is used the dosing chamber
shall be sized so that in case of dosing device
failure there will be -� toragge capactiy for three
days of restricted water use and the dosing chamber
shall be equipped with a warning device to indicate
dosing device failure.
G. Where conditions prevent the construction, replace-
ment, alteration and/or repair of an individual
sewage treatment system on an existing developed
parcel of -real property, the Department may reduce
property line and building setbacks and system
sizing requirements provided said reduction does
not endanger or unreasonably infringe on adjacent
properties and with the concurrencce of the
affected properties.
H. Not more than one dwelling, commercial, business,
institutional, or industrial unit shall be con-
nected to an existing individual sewage system
unless such multiple connection has been approved
by permit.
I. All mounds shall be sized at 1.25 times the soil
treatment area required in 6MCAR 4.8040, Appendix
A, Section E.l.g. Mounds located in soils with
percolation rates over 60 minutes per inch shall be
sized at least 1.5 times the soil treatment area
reserved in 6MCAR 4.8040, Appendix A, Section
E.l.g.
J. All individual sewage treatment systems shall be
• designed to receive all sewage from the dwelling,
building, or other establishments served.
K. No person shall allow footing or roof drainage to
enter any part of any individual sewage treatment
system.
L. No person shall install any cesspool.
M. Where the construction of additional bedrooms the
installation of mechanical equipment or other fac-
tors likely to affect the operation of an individ-
ual sewage treatment system can be reasonably
anticipated, the installation of a system sized for
such anticipated need is required.
SECTION 3. PERMITS.
3.01. Permit Required. No person, firm, or corporation
shall install, construct, alter, extend, or repair an individual
sewage treatment system in the City of Chanhassen without first
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obtaining a permit therefor from the Inspector for each specific
installation, construction, alteratian, extension, or repair.
Such permits shall be valid for a period of twelve months from
the date of issuance. All such installations, construction,
alterations, extensions, and repairs shall be executed in accor-
dance with the standards set forth in Section 2 of this
Ordinance; provided, however, that the Inspector, may, by permit,
allow an existing system which is in a state of "failure", as
defined by this Ordinance, to be restored to its original con-
figuration, rather than being fully re -constructed in accordance
with the standards set forth in Section 2 of this Ordinance, if
in the opinion of the Inspector and City Engineer such restora-
tion will abate the system's failure and that such restoration
will reasonably assure satisfactory performance of said system.
3.02. Permit Application Requirements For System
Installation or Repair.
A. Application for permits
forms furnished by the
signed by the applicant
shall be made in writing on
Department and shall be
and the licensed installer.
Each application shall contain:
1. Legal description of the property.
2. Location description of the property.
3. Name, address and phone number of the property
owner(s).
4. Name, address and phone number of the licensee.
5. Maximum number of bedrooms.
6. Estimated water usage if building is not a
dwelling unit.
7. List of water using appliances.
8. Estimated depth of well.
B. Each application shall be accompanied by:
1. Two copies of a plot plan of the land drawn to
scale showing:
a.
boundary
lines
b.
proposed
and/or existing buildings
C.
location
of well and water pipes
d.
location
of septic tank
e.
location
of drainfield
f.
location
of building sewer
g.
location
of distribution box(es)
h.
location
of any animal confinement areas
within 50
feet of septic tank or drainfield
i.
location
of any water bodies located within
within 200
feet of septic tank or drainfield
j.
roads and
driveway
k.
land evaluations
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2. Two copies of a complete individual sewage
system plan,showin� location, size and design of
all parts of the system to be installed, altered,
repaired -or extended.
3. Two copies of the results of the site eval-
uation prepared by a licensed site evaluator or
licensed percolation tester. The site eval-
uation shall be a description of the site's
characteristics, including a soil and subsur-
face evaluation based on borings, percolation
tests, and a description of the proposed
system.
4. Any additional information that may be required
by the inspector to assure compliance with this
Ordinance.
Permit Application Requirements for System Pumper
A. Application for permit shall be made in writing
on forms furnished by the Department and shall
be signed by the applicant and pumper.
Each application shall contain:
1. Address of system to be pumped.
2. Specific location of disposal.
3.03. Fees.
• A. Permit Fees. All permit and permit renewal appli-
cation must be accompanied by the appropriate fee.
The amount of each permit, permit renewal fee, late
fees or other such fees as may be needed for the
administration of this Ordinance, plus the method
and time of payment thereof shall be determined by
resolution of the City Council.
3.04. Relation to Other Permits. No building permit or
occupancy permit, where required will be issued until the individ-
ual sewage system permit is approved and issued.
3.05. Permit Denied. If an application for a permit or
permit renewal is denied, notice of denial shall be served on the
applicant by mail. The notice shall state the reasons for denial
and inform the applicant of his right to request a hearing as
provided in Section 8.06 and Section 8.07.
3.06. Permittee Responsibilities. It shall be the
responsibility of the permittee to notify the inspector that the
job is ready for inspection at least 12 City working hours prior
• to inspection time requested. It shall be the responsibility of
the permittee to provide the inspector with free access to the
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property at reassonable times for the purpose of making such
inspections. The permittee and the licensee shall be responsible
for the correction or elimination of --all defects, and no system
shall be placed or replaced in service until all defects have
been corrected or eliminated and a Certificate of Compliance has
been issued. No part of the sytem shall be covered until it has
been inspected and/or approved by the inspector.
SECTION 4. FAILING SYSTEMS.
Any system which is '-determined by the inspector to be in a
state of "failure," as defined in this Ordinance, shall be
repaired or replaced in accordance with the standards and permit
application procedures set forth in this Ordinance.
SECTION 5. MAINTENANCE.
5.01. Pumping of Septic Tanks. The owner of any individ-
ual sewage treatment system shall properly pump his septic tank
in order to prevent the sludge from reaching any point closer
than 12 inches from the bottom of the outlet baffle or the scum
from reaching a point closer than 3 inches above the bottom of
the outlet baffle. All systems shall be pumped at least once
every three (3) years to insure proper operation.
5.02. Disposal of Septage. All septage removed from sep-
tic tanks or holding ranks shall be removed from the site in
sealed containers and shall be disposed of in a location and
manner approved by the inspector and/or Minnesota Pollution
Control Agency. If the septage is to be disposed of into any
municipally controled sewage facility or into a Metropolitan
Waste Control Commission facility it shall be disposed of in a
location and manner approved by said governmental authority.
SECTION 6. ABANDONMENT OF ON-SITE SEWAGE SYSTEMS AND
CONNECTIONS TO COMMUNITY SEWER SERVICES.
6.01. Abandonment. When any system is abandoned all sep-
tic tanks, cesspools, and leaching pits shall be pumped to
remove all liquid, sludge and scum. The covers to all such
septic tanks, cesspools and leaching pits shall be either
collapsed or removed and tanks or cavities shall be filled with
clean earth. The earth shall be adequately mounded to allow for
settling.
6.02. Connection. When municipal sewer services or com-
munity sewer services become available all existing septic
systems shall be abandoned as per Section 6.01 and connection to
the sewer completed within one year of availability.
SECTION 7. LICENSING AND CERTIFICATION.
7.01 License Required. No person shall: (a) design;
(b) install, construct, alter, extend or repair; (c) maintain or
• pump; (d) perform percolation tests, soil borings or soil eval-
uations for individual sewage treatment systems within the City
of Chanhassen without meeting the Primary Licensing Qualifications
or first obtaining a license to carry on such operation from the
City. Said license shall be issued by the inspector, shall be
renewable and may be denied, revoked or suspended for cause.
7.02. Application Form. Application for a license or
license renewal shall be on a form furnished by the Department.
The applicant shall provide such information as may be required
by this ordinance, and any further information as the Department
may require for the administration and enforcement of said
license -
7.03. License Fee. All license and license renewal
applications must be accompanied by the appropriate fee. The
amount of each license or license renewal fee, late fees, or such
other fees as may be needed for the administration of this ordi-
nance, plus the method and time of payment thereof shall be
determined by resolution of the City Council.
7.04. License Non -Transferable. A license obtained pur-
suant to this ordinance shall not be transferable.
7.05. License Application Requirements. Before any
license under this Ordinance can be issued, an applicant for the
license shall:
A. Demonstrate acquisition of suitable experience and
training as determined by resolution of the City
Council.
B. Provide certificate of insurance and/or performance
bond as established by resolution of the City
Council. The insurance and/or bond shall be writ-
ten by an insurer or bonder licensed to do business
in the State of Minnesota.
C. Provide within three (3) years of the effective
date of this ordinance an individual Sewage
Treatment Systems Certification issued by the
Minnesota Pollution Control Agency and that
Agency's Advisory Committee on Individual Sewage
Treatment Systems and satisfactorily maintain cer-
tification as required.
D. Pay the required license fee.
7.06. License Denied. If an application for license or
license renewal is denied, notice of the denial shall be served
on the applicant by mail. The notice shall state the reasons for
the denial and inform the applicant of his right to request a
hearing as provided in Section 8.06 or Section 8.07.
7.07. Licensed Installer Responsibility. The installer
• shall comply with provisions of this Ordinance, the construction
permit and the installers license. The installer shall make
three as built plans for each system construction, alteration,
extension, or repair; one shall be kept by the installer for his
record, one copy shall be filed with the inspector and one copy
shall be given to the permittee. The installer shall file the
inspector's copy with the inspector within ten (10) days of the
completion of the system's construction, alteration, extension,
or repair.
7.08. Licensed Pumper Responsibility. Pumpers shall have
equipment capable of agitating septage sludge and thoroughly
remove sludge and scum from the septic tanks or holding tanks.
All septage removed from septic tanks or holding
ranks shall be removed from the site in sealed containers and
disposed of in accordance with 5.02. The pumper shall make
reports monthly to the City reporting on the total number of
systems pumped, approximate volume pumped and location of septage
disposal.
7.09. Licensed Percolation Tester or Site Evaluator
Responsibilities. All percolation tests, soil and/or site eva-
luation shall be done in compliance with this Ordinance. All
reports submitted to the City shall be submitted on forms
approved by the inspector.
7.10. Licensed Designer Responsibilities. All individual
sewage treatment system designs shall be in compliance with this
Ordinance. Designs submitted to the City shall be of sufficient
detail and to scale so as to allow adequate review for compliance
by the inspector.
7.11. Effective Dates of License Requirements.
Requirements for licensing under this Ordinance shall be in
effect on the effective date of this Ordinance.
• 7.12. Authority to Repair. No person other than a duly
licensed installer shall repair a system.
SECTION 8. ADMINISTRATION AND ENFORCEMENT.
8.01. Duties of the Inspector. The inspector shall be
responsible for the administration and enforcement of this
Ordinance. The inspector's duties shall include but not be
limited to the following:
A. Receive and review license or license renewal
applications, permits or permit renewal applica-
tions pursuant to this Ordinance, and issue licen-
ses and permits in conformance with this Ordinance.
B. Inspect individual sewage treatment systems and
septage disposal sites located within the City of
Chanhassen, issue certificates of compliance and
investigate complaints of violations of this
Ordinance.
C. Recommend that legal proceedings be initiated by
the City Attorney to compel compliance with the
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provisions of this Ordinance.
D. Advise, consult, cooperate with the public and
other governmental agencies in the furtherance of
this Ordinance.
E. Issue orders (a) to suspend or revoke permits
issued under this Ordinance, (b) to stop actions
which constitute a violation of this Ordinance, (c)
to correct systems determined by the Inspector to
be in a state of failure or determined to be other-
wise in violation of this Ordinance, or (d) to
cease and desist from the use of any system which
is operating in a manner creating hazard to public
health, safety, or welfare.
8.02. Inspector. The inspector responsible for the admin-
istration and enforcement of this Ordinance shall be certified
as an Inspector by the Minnesota Pollution Control Agency.
8.03. Inspection. The inspection and/or evaluation of
the individual sewage treatment systems will be made by the
inspector to determine compliance with the provisions of this
Ordinance. The permittee shall be provided with written notice
of any deficiencies, recommendations for the corrections, and a
date by which the correction shall be accomplished. All systems
users shall allow the inspector or his authorized agent access
for the purposes of making such inspections as may be necessaray
to determine compliance with the requirements of this Ordinance
and shall allow the inspector to make any and all appropriate
tests to determine compliance with this Ordinance. Failure of
the City to inspect shall not relieve or lessen the respon-
sibility or liability of any person owning, operating, controling
or installing any individual sewage treatment system.
8.04. Revocation of License. Any license issued pursuant
to this Ordinance may be revoked by the City Council for viola-
tion of any provision of this Ordinance. Revocation shall not
occur earlier than ten (10) calendar days, exclusive of the day
of service, after written notice of revocation has been served on
the licensee. Such written notice shall contain the effective
date of revocation, the nature of the violation or violations
constituting the basis for the revocation, the facts which sup-
port the conclusion that a violation or violations have occurred,
and a statement that if the licensee desires a hearing, he must
within ten (10) calendar days, exclusive of the day of service,
file a written request with the inspector. If the licensee fails
to request a hearing, he shall forfeit any opportunity for a
hearing. If a hearing is requested the revocation shall be
stayed pending the outcome of the hearing.
8.05. Suspension of License. Any license required under
this ordinance may be suspended for not longer than sixty (60)
• days by the City Council for violation of any provision of this
ordinance. Suspension shall not occur earlier than ten (10)
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calendar days exclusive of the day of service, after written
notice of suspension has been served on the licensee. Such writ-
ten notice shall contain the effecti'ie date of suspension, the
nature of the violation or violations constituting the basis for
the suspension, the facts which support the conclusion that a
violation or violations have occurred and a statement that if the
licensee desires a hearing that he must within ten (10) calendar
days, exclusive of the day of service, file a written request
with the inspector. If the licensee fails to request a hearing,
he shall forfeit any opportunity to a hearing. If a hearing is
requested, the suspension shall be stayed pending the outcome of
the hearing.
8.06. Administrative Hearing. Any person wishing to
appeal an inspector or departmental decision may request an adminis-
trative hearing. The request shall be in writing stating the
grounds for appeal and served personally or by registered or cer-
tified mail on the inspector or department by four o'clock p.m.
the fifth City working day following service of the inspector or
departmental decision in question. After receipt of an appeal
request, the department shall set a time and place for the
hearing. The department shall reply as soon as possible, not to
exceed five City working days of the receipt of the request for
hearing and identify a hearing time within twenty (20) calendar
days of the receipt of the request for hearing. If the depart-
ment fails to grant an administrative hearing or if after the
hearing the person wishes to appeal the decision reached as a
result of the administrative hearing they may request a formal
hearing as identified in Section 8.07.
8.07. Hearings. Whenever a formal hearing is requested
in regard to an application, renewal, suspension or revocation of
a licensee or permit or as provided in 8.06, the procedure shall
be governed by the following:
A. Hearing Officer. The City Council shall have the
power to conduct public hearings pursuant to this
Section. By resolution, the City Council may
appoint an individual learned in the law to be
known as the hearing officer to assist the City
Council in the administration of the hearing or to
conduct the hearing on behalf of the City Council.
If the individual conducts the hearing on behalf of
the City Council, he shall submit to the City
Council in writing findings of fact, conclusions,
and recommendations, and the City Council may
adopt, modify or reject the report of the hearing
officer.
B. Hearing Date. Upon receipt of request for a
hearing, the City Council shall set a hearing date
which shall be set at a time convenient for the
Council, but in no case earlier than ten (10) days
no later than thirty (30) days exclusive of the day
of service, after the date of the receipt of
request.
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C. Notice of Decisions. The City Council shall notify
the applicant or licen-see in writing as to its
decision within ninety (90) days after the close of
the hearing..
D. If the applicant or licensee fails to appear at the
hearing, he shall forfeit any right to a formal
hearing before the hearing officer.
E. Any applicant or licensee aggrieved by a decision
of the City Council shall have the right to appeal
to the District Court on questions of law and fact.
SECTION 9. VIOLATIONS AND PENALTIES.
9.01. Misdemeanor. Any person who fails to comply with
the provisions of this Ordinance is guilty of a misdemeanor. A
separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
9.02. Injunctive Relief. In the event of a violation or
a threat of violation of this Ordinance, the City may institute
appropriate actions or proceedings, including requesting injunc-
tive relief to prevent, restrain, correct or abate such viola-
tions or threatened violations.
9.03. Civil Action. If a person fails to comply with the
provisions of this Ordinance, the City may recover cost or dama-
ges incurred in a civil action in any court of competent juris-
diction.
9.04. Special Assessment. If a person fails to comply
with the provisions of this Ordinance, the City may proceed under
Section 429.101 of Minnesota Statutes to provide for the elimina-
tion of the non-compliance and recover its costs as a special
assessment levied against the site on which the non-compliance
occurred.
SECTION 10. VARIANCES.
In any case where, upon written application by an applicant
or the licensee, it appears that by reason of exceptional cir-
cumstances the strict enforcement of any provisions of this ordi-
nance would cause undue hardship, or that strict conformity with
the ordinance would be unreasonable, impractical, or not feasible
under the circumstances, and in order to promote the effective
and reasonable application and enforcement of the provisions of
this ordinance, the City Council may grant a variance from the
provisions of this ordinance upon such conditions as it may
prescribe for individual sewage treatment system management con-
sistent with the general purpose and intent of this ordinance,
provided that:
• A. The condition causing the hardship is unique to that
property; and
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B. The granting of the variance will not be contrary to
the public interest or 41- be damaging to rights or
property of others. t
SECTION 11. EFFECTIVE DATE.
The standards, procedures, and provisions adopted herein
shall be effective immediately upon passage by the City Council
and publication.
SECTION 12. ORDINANCE_ REPEAL.
Ordinance No. 10, adopted October 16, 1967, and entitled "An
Ordinance Regulating the Installation, Construction, Alteration,
Extension, Repair, and Maintenance of Individual Sewage Disposal
Systems; Requiring Permits for and Licensing of Persons Engaged
in the Construction Thereof; Providing for Inspection;
Prescribing Penalties; and Adopting By Reference the 1962
Minnesota Individual Sewage Disposal System Code," is hereby
repealed.
SECTION 13. SEVERABILITY.
It is hereby declared to be the intention of the City Council
that the provisions of this Ordinance shall be severable in
accordance with the following:
If any Court of competent jurisdiction shall adjudge
any provision of this Ordinance to be invalid, such
judgement shall not affect any other provisions of
Ordinance not specifically included in said judgement.
SECTION 14. PROVISIONS ARE ACCUMULATIVE.
The provisions of this ordinance are cumulative to all other
laws, ordinances and regulations heretofore passed or which may
be passed hereafter, covering any subject matter in this
ordinance.
Passed and adv ed by the City Council of the City of
Chanhassen this day of June 1983.
Mayor
ATTEST:
- /�aj
City Clerk/Manager
Publish in the Carver County Herald on June 15, 1983
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