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City Code
Section 445 - Requiring Connections to Sanitary Sewer and
Water Systems; Regulating Discharges into Sanitary Sewer System
445.01 Sanitary Sewer Connection Required.
Subd.
1 New Construction. Whenever property abuts any public street or alley
in which sanitary sewer mains have been constructed, the owner of every
residential or non-residential principal use building hereafter constructed,
reconstructed, or placed on such property, and as a part of such construction,
reconstruction, or placing, shall connect the sewage disposal lines in such
building with such mains in such street or alley.
Subd.
2 Existing Buildings. The owner of every existing residential or
non-residential principal use building which abuts any public street or alley
in which sanitary sewer mains have been constructed, within two years after
the date such sanitary sewer mains did or will become usable, shall connect
the sewage disposal lines in such building with such mains. Such connection
shall be made immediately if such mains are usable and if the private sewage
disposal lines for the building on such property overflow, back up or
otherwise fail.
445.02 Separate Sewer and Water Connections for Double Dwelling Unit Buildings or
Townhouses. In addition to the requirements of Subsection 445.01, any
principal use building in the Double Dwelling Unit District (R-2) or any
townhouse, as defined by Section 850 of this Code, that is (i) hereafter
constructed, reconstructed, or placed on a lot, or (ii) now existing but is on
a lot hereafter subdivided pursuant to Section 810 of this Code and or
hereafter submitted to M.S. 515A (the Minnesota Uniform Condominium Act), or
(iii) now existing but non-conforming (as defined in Section 850 of this Code)
but is hereafter destroyed or damaged to such an extent that it is required to
conform to all restrictions of Section 850 of this Code, or (iv) now existing
and conforming but is hereafter destroyed or damaged to such an extent that,
if it were a non-conforming building as defined in Section 850 of this Code,
it would have to conform to all restrictions of Section 850 of this Code, and
that abuts any public street or alley in which sanitary sewer or water mains
have been constructed, shall have the sewage disposal lines and water services
in each dwelling unit or townhouse unit connected with the sanitary sewer
mains or water mains and that there shall be one separate and independent
sewer and water connection for each such dwelling unit or townhouse unit.
445.03 Failure to Comply; Notice. The Manager may cause written notice of
sewer and water connection requirements to be given to any person required by
Subsections 445.01 or 445.02 to make such connections. Such notice shall be
mailed by certified mail or delivered by the Sanitarian, Building Official or
Planner by order of the Manager. In the event that (i) any person, required
by Subsection 445.01 to connect an existing building to sanitary sewer mains
where there has been no overflow, backup or other failure of such building's
private sewage disposal system, fails to complete the making of such
connection(s) within six months after such written notice is given, or (ii)
any person, required by Subsection 445.01 to connect an existing building to
sanitary sewer mains where there has been an overflow, backup or other failure
of such building's private sewage disposal system fails to complete the making
of such connection within 15 days after the written notice is given, the
Council may by resolution direct that the required connection be made and the
cost assessed against the benefited property as set forth in Subsection
445.06.
445.04 Withholding Approval of Plat or Subdivision. If connections are
required because of the subdivision or submittal to the Minnesota Uniform
Condominium Act of a lot in the Double Dwelling Unit District (R-2), or
because of platting or subdivision or submittal to the Minnesota Uniform
Condominium Act of property to permit sale of individual townhouses or
individual lots or individual dwelling units, the connections shall be made in
connection with such platting or subdivision or submittal, and approval of the
platting or subdivision or submittal by the Council may be conditioned upon
and withheld until completion of the required connections.
445.05 Waiver.
Notwithstanding anything herein to the contrary, any connection
requirement may be waived by the Building Official upon request of the
owner of the property for which the waiver is requested and upon a
finding being made by the Building Official that the sewer and water
connections are in compliance with building code requirements, and that
the waiver will not be substantially detrimental to the public welfare
or to other lands or improvements in the neighborhood of the property.
If the waiver is from the requirements of Subsection 445.01, such waiver
shall be granted upon the condition that the owner of such property or
properties shall comply with Section 710 of this Code. If the waiver is
from the requirements of Subsection 445.02, such waiver shall be granted
upon the further condition that the owner or owners of the property or
properties shall execute and deliver to the City a recordable agreement,
in form and substance acceptable to the Manager, providing:
A. That the City shall not be liable to any owners or occupiers of the
property or properties for any damage or injury to persons or property
resulting from a lack of the required separate and independent
connections;
B. That all owners of the property or properties served by less than
the required separate and independent connections shall share equally in
any costs incurred as a result of not having the required separate and
independent connections and shall pay equally all sewer and water
charges made for services to such property or properties;
C. That the City may determine the charges for water and sewer usage by
allocating consumption equally among all properties using the common
connection and totaling the separate charges based upon such allocation;
D. That the City may discontinue water and sewer services to such
property or properties pursuant to Section 1100 of this Code even though
such discontinuance will affect property in addition to that of the
persons causing the delinquency; and
E. That, if the property or properties are thereafter platted or
subdivided or submitted to the Minnesota Uniform Condominium Act, to
permit the sale of individual townhouses or individual lots or
individual dwelling units, the City may require that, in connection with
such platting or subdivision or submittal, each such individual
townhouse, lot or dwelling unit shall have sewage disposal lines and
water lines connected directly and separately from all other townhouses
or lots to the sanitary sewer mains and water mains serving such
townhouse, lot or dwelling unit.
445.06 Assessment and Collection. After installation and connection is
completed in accordance with Council's resolution pursuant to Subsection 445.03,
the Clerk shall serve a written notice of the assessment upon the owner or
owner's representative directing the owner to pay said assessment to the City
within ten days after the service of said notice. If such assessment is not
paid within ten days, the Clerk shall certify the amount of the assessment to
the county auditor for collection with interest in the same manner as other
special assessments and the same shall become a lien upon the property until
paid; provided, the Council may by resolution provide that the assessment be
spread over a term of up to ten years upon request of the owner of the property
or the owner's representative. Interest shall be charged on such assessment in
the manner and at the rate then charged by the City in connection with special
assessments.
445.07 Certain Connection Prohibited; Inspections.
Subd.
1 Prohibited Discharges and Connections. No person, owner, lessee, or
occupant of any parcel of land, building or premises shall discharge, or permit
to be discharged, directly or indirectly, into the sanitary sewer system:
(i)
any surface water or groundwater including water from roofs, yards, lawns,
streets, alleys, groundwater sump pumps, footing tile, or other natural
precipitation or (ii) any gravel, sand, dirt, or any other heavy material or any
substance causing any extraordinary obnoxious odors or gases or (iii) swimming
pool discharges not permitted by Subd. 2 or Subsection 450.12 of this Code. A
sump pump discharge system shall have a permanently installed discharge line
which provides for year-round discharge to either the outside of a building or
structure in compliance with subd. 3 of Subsection 1035.03 of this Code or is
connected to the City storm sewer. The system shall consist
of a discharge line without valving or quick connections or flexible sections
which allows the redirection of the sump pump discharge into the sanitary sewer
system. If connected to a City storm sewer, the system shall include a check
valve and an air gap.
Subd. 2.
Inspection. Every person, owner, lessee or occupant of any parcel of land,
building or premises that discharges into the City’s sanitary sewer system shall
allow an employee of the City or a designated representative of the City to
inspect the building or premises to confirm that the building or premises
conforms to the requirements of Subd. 1 of this Subsection. In lieu of the City
inspection the owner, lessee or occupant may furnish a certificate from a City
registered State licensed plumber certifying that the building or premises is in
compliance with the requirements of Subd. 1 of this Subsection. The City may
periodically re-inspect any building or premises to determine continued
compliance with the requirements of Subd. 1 of this Subsection.
445.08 Removal of Prohibited Connections; Surcharge; Withholding of Building
Permits. Any person, owner, lessee or occupant, and any plumber or building
contractor who has presently made or permitted to be made, or shall make or
permit to be made, any connection or installation in violation of Subd. 1 of
Subsection 445.07 shall immediately remove such connection or correct such an
installation. If not removed or corrected within 30 calendar days after notice
of the violation has been delivered personally or by certified mail to such
person, owner, lessee or occupant, the City may impose a surcharge in the amount
provided in Section 185 of this Code. Such a surcharge may also be imposed upon
any property owner, lessee, or occupant who, after 30 calendar day notice,
refuses to allow their property to be inspected or fails to provide the
certificate from a City registered State licensed plumber as required by Subd. 2
of Subsection 445.07. The owner, lessee, occupant of a building or premises
found to be not in conformance as required in Subsection 445.07 during periodic
re‑inspections may be subjected to a surcharge as provided in Section 185 of
this Code, for all months between the two most recent inspections or a maximum
charge not to exceed twelve (12) monthly surcharges. No building permit,
mechanical permit or plumbing permit shall be issued for any building or
premises found to have any connection or installation that is in violation of
Subd. 1 of Subsection 445.07 until such correction is removed or corrected, or
for any building or premises where the owner, lessee or occupant has refused to
allow an inspection or re-inspection or failed to provide the certificate from a
City registered State licensed plumber as required by Subd. 2 of Subsection
445.07. In addition, any such person, owner, lessee, occupant, plumber or
building contractor may be subject to the provisions of Subsection 100.09 of
this Code.
445.09 Clear Water Sump Pits. The construction or installation of any clear
water sump pit shall include the installation of a sump pump and sump pump
discharge lines which meet the requirements of Subd. 1 of Subsection 445.07 and
Subd. 3 of Subsection 1035.03 of this Code and all applicable codes.
History:
Ord 431 codified 1970; amended by Ord 431-A1 2-18-76, Ord 431-A2 11-3-76,
Ord 431-A3
5-13-81, Ord 431-A4 12-2-81; Ord 1998-1; 3-16-98; Ord 2000-10 10-17-00;
Ord 2005-06 6-21-05
Reference:
M.S. 444.075, 445.01, 515A
Cross
Reference: Sections 710, 810, 850, 1100; Subsection 100.09
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