Ordinance 010bCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE
ORDINANCE 10-B
AN ORDINANCE REGULATING THE DESIGN, LOCATION, INSTALLATION,
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 other-
wise, shall have the meanings ascribed to them in this section,
in addition to those definitions contained in Section 7080.0020
of Minnesota Rules Chapter 7080.
A. "Abandoned" shall mean the permanent disconnection
of a treatment system.
B. "Agency" when used in the standards adopted herein
shall mean department or inspector where
appropriate.
C. "Alternate System" is a system that does not
conform with the standards of this ordinance.
D. "City Council" shall mean the governing body of the
City of Chanhassen.
E. "Department" shall mean Chanhassen Building Department.
F. "Failing System" shall mean the discharge of
effluent from a soil treatment system 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 purifi-
46 of water by filtration or into any well or
into any excavation in the ground or where there
is a demonstrated public health hazard.
G. "Inspector" shall mean the person or persons
employed or engaged by the department and assigned
the responsibility for the administration and
implementation of this ordinance.
H. "Major Repair" shall mean the act of physically
replacing or adding to an individual sewage treat-
ment system.
I. "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.
J. "Repair" shall mean the act or process of restoring
or replacing a defective element of any individual
sewage treatment system.
K. "Site Evaluator" shall mean the individual who per-
forms percolation tests and soil borings.
L. "Standard.System" shall mean any individual sewage
treatment system as defined in the rules of the
Minnesota Rules Chapter 7080.
M. "Water Monitoring Device" shall mean equipment
which measures the amount of liquids which enter
the sewage treatment system.
1.04. Compliance.
a) No person shall design, locate, install,
construct, alter, extend, repair, use, main-
tain, or conduct site evaluations including
• soil borings, soil evaluations, and percolation
tests for any individual sewage treatment
system, except in full compliance with this
ordinance and standards adopted herein.
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b) No person shall allow effluent 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 purifi-
cation of water by filtration, or into any
well, or other excavation in the ground.
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
Individual Sewage Treatment Systems Standards and any subsequent
changes and Appendixes A, 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,
Minnesota Chapter 7080 are hereby amended as follows:
it A. Sections 7080.0030 - 7080.0100, shall be
deleted in their entirety.
B. The table in Section 7080.0130, subpart 3 is
amended to read as follows:
Liquid Capacity of Septic Tank
Number of Bedrooms Tank Liquid Capacity -Gallons
4 or less 1,250
5 or 6 1,500
7, 8, or 9 2,000
To increase tank liquid capacity, two septic tanks
in series are permitted.
C. Section 7080.0200, entitled "Variance" is deleted
in its entirety.
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2.03. Additional Standards. In addition to the above
standards the following shall also apply:
A. Alternative systems as defined herein may be used
for the repair or replacement of existing non-
conforming systems or as a new system if approved
by the Building Inspector, with the following
conditions:
1. Reasonable assurance of performance of such
system is presented to the permitting
authority;
2. The engineering design of such system is first
approved by the Building Department;
3. Treatment and disposal of wastes is in such a
manner so as to protect the public health and
general welfare; and
4. Such systems comply with all applicable
requirements of these standards and with all
local codes and ordinances.
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B. The design, construction, and location of component
parts of any alternative sewage treatment and
disposal system shall comply, insofar as practical,
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
utilizing a sewage treatment system to report to the
Department all discharges from a malfunctioning
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sewage treatment system as soon as possible upon
knowledge of such discharge, and further abate such
discharge within 24 hours as required by Section
9.01.
E. All beds shall be sized at 1.5 times the soil
treatment area required in 7080.0170, Subpart 2 (4)
Table III.
F. Where a dosing chamber is used the dosing chamber
shall have a liquid tank capacity of 1,200 gallons
so that in case of dosing device failure there
will be storage capactiy for three days of
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 individual sewage treatment systems shall be
designed to receive all sewage from the dwelling,
building, or other establishments served.
J. No person shall allow footing or roof drainage to
enter any part of any individual sewage treatment
system.
K. No person shall install any cesspool.
L. 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.
M. A water monitoring device is required for every new
installation and for every new repair or reconstruction
of an existing installation of an on-site sewage treat-
ment system.
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4
N. There shall be an inspection pipe of at least four
inches diameter over both the inlet and outlet devices.
The inspection pipe shall extend through the tank cover
or the manhole cover and be capped flush or above
finished grade. A downward projection of the center
line of the inspection pipe shall be directly in line
with the center line of the inlet or outlet device.
0. Whenever effluent is delivered by a pump to a soil
treatment system consisting of a mound or a seepage
bed or trenches which are all at the same elevation
and installed where the soil percolation rate is in
the 0.1 to 5 minutes per inch range, pressure
distribution shall be used.
P. A vertical inspection pipe at least 11 inches in
diameter shall be installed in each drainfield rock
layer of every trench, seepage bed or mound. The
inspection pipe shall be located at an end opposite
from where the sewage tank effluent enters the rock
layer. The inspection pipe shall have 3/8 inch, or
larger, perforations spaced vertically no more than
six inches apart. At least two perforations shall
be located in the rock layer. The inspection pipe
shall extend to the bottom of the rock layer and
shall be capped flush with or above finished grade.
Q. Mound systems shall be landscaped in a manner to
screen them from the street and adjoining proper-
ties. A landscaping plan must be submitted at the
time of permit application. The following minimum
standards shall apply to the landscaping of mounds:
0 1. All mounds shall'be covered with seed or sod.
2. No shrubs or trees shall be planted on the mound.
3. The grass cover on the mound shall be maintained
in a neat and orderly manner.
4. Any shrubs used shall meet the following minimum.
standards:
a) Shrubs shall have a maximum height of 5 feet.
b) Shrubs shall be setback at least 5 feet from
the toe of dikes of the mound.
5. Deciduous, evergreen trees and heavy equipment
shall not be permitted within ten feet of the
toe of the dikes of the mound.
R. Individual sewage treatment system sites, both the
primary and alternate, must be fenced off during
construction on the site to prevent alteration of
the soil. If the sites are not fenced off and the
soils are altered, two new sites must be identified
in a revised permit application accompanied with the
required soil data and fees.
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
obtaining a building permit therefor from the Inspector.
Such permits shall be valid for a period of three 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. Any system which is determined by the inspector to
be in a state of "failure", as defined in this Ordinance, shall
16 be repaired or replaced in accordance with the standards and
permit application procedures set forth in this Ordinance.
3.02. Permit Application Requirements For System
Installation or Repair.
A. Application for permits shall be made in writing on
forms furnished by the Department and shall be
signed by the applicant. 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).
C.
location of well and water pipes
4.
Name, address
and
phone number of the licensee.
5.
Maximum number
of
bedrooms, including future
h.
bedrooms.
within 50 feet of septic tank or drainfield
6.
Estimated water usage if building is not a
dwelling unit.
j.
"
. 7.
List of water
using appliances.
8.
Depth of well,
if
known.
B. Each application shall be accompanied by:
1. Two copies of a plot plan of the land
drawn to scale showing:
a.
boundary lines and setbacks
b.
proposed and/or existing buildings as well
as tennis courts and swimming pools
C.
location of well and water pipes
d.
location of septic tanks and pump tank
e.
location of 2 drainfield sites
f.
location of building sewer
g.
location of distribution box(es) or drop boxes
h.
location of any animal confinement areas
within 50 feet of septic tank or drainfield
i.
location of any water bodies located within
200 feet of septic tank or drainfield
j.
roads, driveways and parking areas
k.
land evaluations
1.
bodies of water as well as wetlands
M.
landscaping of mound system
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•
2. Two copies of a complete individual sewage
system plan at a sufficient detail and scale
(preferably at a scale no smaller than 1" = 30')
showing 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 evaluation
report prepared by a licensed site evaluator.
The site evaluation report shall be a descrip-
tion of the site's characteristics, including a
soil evaluation based on borings and per-
colation tests.
4. Two copies of landscaping plan for mound systems.
5. Any additional information that may be required
by the inspector to assure compliance with this
Ordinance.
3.03. Fees.
A. Permit Fees. All permit and permit renewal appli-
cations 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, It
where required, will be issued until the soil evaluation report is
approved. No occupancy permit will be issued until the system
has had final inspection approval.
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 4 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
property at reasonable 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 final inspection has been
completed. No part of the system shall be covered until it has
been inspected and approved by the inspector.
am
SECTION 4. FAILING SYSTEMS.
The Inspector may allow an existing system which is in a state
of "failure", as defined by this Ordinance, to be restored to its
original configuration, rather than being fully reconstructed in
accordance with the standards set forth in Section 2 of this
Ordinance, if in the opinion of the Inspector such restoration
will abate the system's failure and that such restoration will
reasonably assure satisfactory performance of said system.
SECTION 5. MAINTENANCE.
5.01. Pumping of Septic Tanks. The owner of any individual
sewage treatment system shall properly clean the septic tank or
tanks at least once every three (3) years or sooner if necessary
in order to prevent the sludge from reaching any point closer
than 12" from the bottom of the outlet baffle or the scum from
reaching a point closer than 3" above the bottom of the outlet
baffle.
The owner of an individual sewage treatment system must submit
documentation as provided by the city every three years verifying
that the treatment system has been cleaned. Should an owner not
comply with Section 5.01, the city will enforce the violations
and penalties as stated in Section 9.
The owner of an individual sewage treatment system may request to
delay cleaning of the septic tank if a certified individual
measures the accumulated sludge in the septic tank to determine
whether or not the cleaning frequency of every three years is
necessary (see 5.01). A certified report must be submitted to
the Building Inspector for approval.
• 5.02. Disposal of Effluent. All effluent removed
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 effluent is to
be disposed of into any municipally controlled sewage facility or
into a Metropolitan Waste Control Commission facility it shall be
disposed of in a location and manner approved by said governmen-
tal authority.
5.03. Fees. Documentation verifying the cleaning of a
system must be accompanied with an administrative fee as set by
resolution of the City Council.
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. All such septic tanks,
cesspools and leaching pits shall be either collapsed or removed
and tanks or cavities shall be filled with clean earth.
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M
6.02. Connection. When municipal 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) conduct site evaluations including soil borings, soil
evaluations and percolation tests for individual sewage treatment
40 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. 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.
B. Provide individual Sewage Treatment Systems
Certification issued by the Minnesota Pollution
Control Agency and satisfactorily maintain
certification as required.
C. 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.
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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 Department within three (3) days of the
completion of the system.
7.08. Licensed Pumper Responsibility. Pumpers shall have
equipment capable of agitating effluent and thoroughly remove
sludge and scum from the septic tanks or holding tanks.
All effluent 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 effluent disposal.
7.09. Licensed Site Evaluator Responsibilities. All per-
colation tests, soil and/or site evaluation 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 a sufficient scale (preferably of scale of 1" _
301) so as to allow adequate review for compliance by the inspec-
tor.
. 7.11. Effective Dates of License Requirements.
Requirements for licensing under this Ordinance shall be in
effect on the effective date of this Ordinance.
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 licenses
and permits in conformance with this Ordinance.
B. Inspect individual sewage treatment systems and
effluent 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
provisions of this Ordinance.
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D. 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
16 health, safety, or welfare.
8.02. Inspector. The inspector responsible for the admin-
istration and enforcement of this Ordinance shall be certified
as an Individual Septic Treatment System 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 necessary
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, It
• controlling or installing any individual sewage treatment system.
8.04. Revocation of License. Any license issued pursuant
to this Ordinance may be revoked by the Department for violation
of any provision of this Ordinance. Revocation shall not occur
earlier than ten (10) calendar days, exclusive of the day of ser-
vice, 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 consti-
tuting the basis for the revocation, the facts which support 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 Department for violation of any provision of this
ordinance. Suspension shall not occur earlier than ten (10)
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 effective date of suspension, the
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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
16 administrative hearing. The request shall be in writing stating
the grounds for appeal and served personally or by registered or
certified mail on the inspector or department by four o'clock
p.m. the fifth City working day following service of the inspec-
tor 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: y
. 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.
C. Notice of Decisions. The City Council shall notify
the applicant or licensee in writing as to its
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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.
16 SECTION 9. VIOLATIONS AND PENALTIES.
9.01. Failing Systems. It is the responsibility of the
owner of a failing system to notify the City immediately and
abate such discharge no later than 24 hours (Section 2.03[D]).
Should the owner not notify the City and a citizen complaint is
received, the City shall require the following:
A. The owner must pump the septic tank within 24 hours
after receiving notification of a failing system
from the City Inspector. The owner must continue to
have the tank pumped, as necessary, until the system
has been repaired.
B. The owner of a failing system shall respond to noti-
fication within 72 hours to explain to the City
Inspector how the problem will be resolved.
C. The owner of a failing system shall apply for a per-
mit within 15 days of notification as per Ordinance
10-B.
D. The owner of a failing system shall have 60 days to
repair or replace the failing system. The 60 day
limit may be extended if a schedule of completion is
approved by the City Inspector. If the owner of a
failing system cannot meet the schedule the City
Council must approve an extension.
E. If the owner fails to comply with items A -D, the
City will contract for the repair or replacement of
the failing system and a charge will be assessed
against the property pursuant to Section 9.05 of
this Ordinance.
9.02. 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.
9.03. Injunctive Relief. In the event of a violation or
. a threat of violation of this Ordinance, the City may institute
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appropriate actions or proceedings, including requesting injunc-
tive relief to prevent, restrain, correct or abate such viola-
tions or threatened violations.
9.04. Civil Action. If a person fails to comply with the
provisions of this Ordinance, the City may recover cost or damages
incurred in a civil action in any court of competent jurisdiction.
9.05. 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 elimination 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 circumstances
the strict enforcement of any provisions of this ordinance would
cause undue hardship, or that strict conformity with the ordinance
would be unreasonable, impractical, or not feasible under the cir-
cumstances, 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 ordi-
nance upon such conditions as it may prescribe for individual sewage
treatment system management consistent with the general purpose and
intent of this ordinance, provided that:
A. The condition causing the hardship is unique to that
property; and
9
B. The granting of the variance will not be contrary to
Is the public interest or be damaging to rights,
health or property of others.
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-A, adopted June 5, 1983, and entitled
"Indvidual Sewage Treatment System Ordinance" 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.
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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 ado ted by the City Council of the City of
Chanhassen this 2�thday of January 1987.
•
ATTEST:
'-'AQ
City Clerk/Manager
41
Mayor
A
A(Publish in the South Shore Weekly News on February 19, 1987 >.
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