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1c. Approve Amendment to Chapter 19 of the Chanhassen City Code Concerning Water Restrictions 1<1 - MEMORANDUM TO: Todd Gerhardt, City Manger CITY OF CHANHASSEN FROM: Laurie Hokkanen, Assistant City Manager DATE: July 23, 2008 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 MOTION Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 "The Chanhassen City Council approves the attached ordinance amending Chapter 19 of the Chanhassen City Code." Engineering Phone: 952.227.1160 Fax: 952.227.1170 A simple majority vote of City Council members present is required to adopt the amendment. Finance Phone: 952.227.1140 Fax: 952.227.1110 BACKGROUND Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 The attached amendment to Chapter 19 modifies the regulation of the City's water supply system. The attached Ordinance would enact the following changes: Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax: 952.227.1404 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 . The requirement for a written warning is eliminated. · The consequence of non-compliance would be levied through an administrative surcharge added to the resident's utility bill rather than through a misdemeanor citation. o Surcharge Schedule: 1st violation: $50, 2nd violation: $100, 3rd violation $150, 4th and subsequent violations $250. Fines not paid with the water bill could eventually be certified to property taxes. . Appeals would be conducted administratively. · Apartments and townhomes providing common irrigation systems would be limited to watering every other day. Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 RECCOMENDA TION Web Site WIIW. ci. chan hassen.mn. us Staff recommends approval of the amendment to Chapter 19 The Cily ot Chanhassen · A growing community with clean lakes, quality schools, a channing 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 SEW AGE DISPOSAL THE CITY COUNCil.., OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Chapter 19, Article II, Section 19-28 of the City Code, City ofChanhassen, 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 each year from May 1 to September 30. 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) Homeowners Associations and Apartment Complexes that provide a common irrigation system may water only every other day. (c) 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. (d) Violations will result in a $50 surcharge, which will be added to the next water bill for the premises. Subsequent violations in a calendar year will cause the surcharge to increase to $100 for second violation, $150 for third violation, and $250 for subsequent violations. Appeals shall be made to the City Manager or designee within 10 days of levy of surcharge, in writing. A decision will be rendered by City Manager, in writing, within 10 days of receipt. (e) In the event any surcharge is not paid within three months after the time it is rendered, the City Council 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 _ of _ , 2008, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on )