D. City Code Amendment, Water Violations
D
-
MEMORANDUM
TO:
Todd Gerhardt, City Manger
Laurie Hokkanen, Assistant City Manager ....yJ..r-
CITY OF
CHANHASSEN
FROM:
DATE:
June 23, 2008
11/1/ .
Ol'(F
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
SUBJ:
Adoption of Ordinance, Chapter 19, Chanhassen City Code, Water,
Sewers, Sewage Disposal
Administration
Phone: 952.227.1100
Fax: 952.227.1110
BACKGROUND
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Following the 2007 Watering Ban, staff proposes changes to the watering
restrictions and penalties. First, the watering restrictions were previously in
place from May 1 - November 1 of each year. To simplify, staff proposes
enacting the restrictions year round.
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Previously, the Ordinance required that each property receive a written
warning prior to a penalty, staff proposes to eliminate this requirement. The
number of staff and multiple methods of issuing warnings (verbal, door
hangers, letters, etc.) make it difficult to track warnings issued. Staff's
intention is to continue using the early spring and summer to educate and warn
residents.
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter 80ulevard
Phone: 952.227.1400
Fax: 952.227.1404
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
The third change being proposed is to the penalty fee schedule and payment
method. Previous practice was to issue a misdemeanor citation to violators,
which resulted in a $50 penalty fee and $72 in state surcharges, for a total of
$132 to be paid at the Carver County Court House. Violators were also issued
a court date. Staff proposes that penalty fees be added to water bills instead.
The fine for a first violation would remain $50, the second violation $100, the
third violation $150, and fourth and subsequent violations $200. Fines not paid
with the water bill could eventually be certified to property taxes, as we do
with any delinquent amount on the utility bills currently. The appeals process
under this structure would be administrative.
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
The City of Chanhassen · A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19
CHANHASSEN CITY CODE, WATER, SEWERS, AND SEWAGE DISPOSAL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Chapter 19, Article II, Section 19-28 of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(a) Use of the city water supply system for lawn and garden sprinkling, irrigation, car
washing or other nonpotable uses shall be limited to an odd-even schedule corresponding
to property address effective year round. Whenever the city councilor, on a temporary
basis, the public works director and/or the city manager or city manager's designee, shall
determine that a shortage of the water supply threatens the city, they may further limit the
days and hours during which water may be used from the city water supply system.
Special permit consideration will be given for those property owners with new seed or
sod if in the opinion of the public works director sufficient water for such permits is
available.
(b) Property owners installing an automatic or underground irrigation system are required
to install a rain sensor device. Existing irrigation systems are required to retrofit to install
a rain sensor device at such time as improvement or extension of the system valued at or
above $1,000.00 or requiring a plumbing permit are done.
(c) Violations will result in a $50 penalty fee, which will be added to the next water bill
for the premises. Subsequent violations in a calendar year will cause the penalty fee to
increase to $100 for second violation, $150 for third violation, and $250 for subsequent
violations.
(d) In the event any penalty fee is not paid within three months after the time it is
rendered, the city council may recover said amount in an action brought in any court of
competent jurisdiction, 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.
PASSED AND ADOPTED this 23rd day of June, 2008, by the City Council of
the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor