Loading...
C. 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