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HomeMy WebLinkAboutNo 856 Prohibiting the Discharge of Clear Water Into the Municipal Sanitary Sewer System ORDINANCE 856 AN ORDINANCE PROHIBITING THE DISCHARGE OF CLEAR WATER INTO THE MUNICIPAL SANITARY SEWER SYSTEM Section 1. Findings and Purposes. The purpose of this ordinance is for the efficient, economic and safe operation of the municipal sanitary sewer system for the protection of the health, safety and general welfare of the public within the City. Section 2. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Clear Water Drainage means any storm water, natural precipitation, ground water, or flow from roof runoff, surface runoff, subsurface drainage, down spouts, eave troughs, rain spouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, swimming pools, cistern overflows or water discharged from any air conditioning unit or system. Permanently Installed Discharge Line means a rigid discharge line that does not, at any time, discharge water into the municipal sanitary sewer system and does not have any connections for altering the path of discharge. This line must provide for year round discharge to the outside of the structure, preferably to a drainage swale or ditch. The City may also approve a discharge to: 1) the City’s storm sewer line by a connection; or 2) the curb and gutter to the street. If the line is connected to the City’s storm sewer line, it shall include a check valve. Section 3. Prohibited Discharges. No property owner shall discharge or cause to be discharged any Clear Water Drainage directly or indirectly into the municipal sanitary sewer system. No property owner shall make or maintain a connection between any conductor used to carry Clear Water drainage to the municipal sanitary sewer system. Structures on properties that have a sump pump system to discharge excess water due to the infiltration into foundations shall have a Permanently Installed Discharge Line. Any disconnects or openings in the sanitary sewer system shall be closed or repaired by the property owner in an effective, workmanlike manner in accordance with local, state and federal law. Section 4. Inspections. Every property owner that owns improved real estate in the City shall allow a representative of the City to inspect both the inside and outside of buildings located on the property to confirm that there is no Clear Water Drainage or other prohibited discharge into the municipal sanitary sewer system. Any property owner that refuses to allow his or her property to be inspected within fourteen (14) days of the date of a request by the City representative shall immediately become subject to the surcharge provided for in this ordinance until the property is inspected and/or compliance is met and any penalties and remedies of the City as provided in its policies and codes, including, but not limited to, assessments, administrative expenses in achieving compliance. Any property owner whose property is found in violation of this Ordinance shall make the necessary changes to comply with this Ordinance and shall furnish proof of these changes to the designated City representative within ninety (90) days upon receiving notice of the violation. Section 5. City Installation. Where the property owner has been notified in writing to comply with this ordinance fails, refuses or neglects to comply within ninety (90) days of receipt of the notice, the council may, by resolution, direct the installation of the required pipes, plumbing fixtures and appliances. The cost of installation shall be paid by the City and the actual cost assessed against the property benefited. After the installation and connections are completed, there shall be served upon the owner of the property, a written notice of the assessment and an order directing the owner to pay the assessment within ten (10) days after the service of the written notice. Upon proof of service of the notice and order, and proof that the assessment has not been paid within the ten (10) days allowed, an assessment hearing shall be held by the City and the benefited property shall be assessed for the costs and administrative expenses incurred by the City in achieving compliance. Section 6. Surcharge. A surcharge of $100.00 for single family properties and $500.00 for all other properties per month shall be imposed and added to every utility billing for properties refusing or failing compliance or inspection as herein provided. The surcharge shall be added to every monthly billing until the property is brought into compliance as determined by the City or the inspection has been permitted and compliance has been determined. The City Council may grant waivers from the surcharges where strict enforcement may cause undue hardship unique to the property or where the property owner was scheduled for disconnection but cannot do so due to the circumstances, such as inclement weather. Section 7. Penalties. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute Section 609.02, subdivision 3. Section 8. Severability. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part held to be invalid. Section 9. Effective Date. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on February 28, 2005.