ORD 00-12CITY OF OTSEGO
COUNTY OF WRIGHT
ORDINANCE NO. 00-12
SEWER USE ORDINANCE
SECTION 1. PURPOSE AND OBJECT.
The City Council has determined that in order to pay for the
costs of construction, reconstruction, repair, enlargement,
improvement, maintenance, operation, and use of the City
sanitary sewage system and treatment plant;,the cost of new
State and Federal regulations; and the cost of principal and
interest to become due or to be issued therefore; it is
necessary to impose just and equitable charges for the use
and availability of the Municipal sanitary sewer collection
and treatment system pursuant to Minnesota Statutes, Section
444.075.
SECTION 2. SEWER USAGE CHARGES.
A. Usage Charge. Sewer charges levied and assessed
against the property in the City shall be established by
resolution of the City Council.
1. For residential users, the sewer charge shall be
determined using the average of the winter months water use.
2. Sewer charges for non-residential users shall be
determined in the same manner as for residential users where
practical and appropriate. Where this is not practical or
appropriate, the monthly sewer charge shall be based on the
monthly water usage for the affected premises.
B. Penalty Charge and Interest on Unpaid Bills. The sewer
usage charge shall be billed to the owner or occupant of
the premises served by said sewer monthly and shall be
payable to the City within fourteen (14) calendar days from
the date in which the statement is issued. All delinquent
accounts shall be subject to a penalty calculated as
follows:
1. A bill paid in full within 30 days after the due
date shall pay a penalty of 10% of the balance due.
2. Beginning 30 days after the due date all unpaid
balances shall accrue interest at a rate to be established
by resolution.
C. Availability of Sewer Service. Owners or users of any
property within those areas where City sewer service is
available may not use a non -municipal sewer system without
specific written agreement with the City.
SECTION 3. SEWER CONNECTION CHARGES.
All connections to the municipal sewage treatment system
shall be in conformity with the following regulations,
except that the City may, by resolution, waive the same upon
showing of special conditions justifying such waiver.
A. Separate Connection. Every premises served by the
municipal sewage system shall have a separate connection.
B. Permit Required. No person, firm, or corporation shall
hook up any sewage connection to the City sewage collection
system without first obtaining a permit from the City.
C. Licensed Plumber Required. No person, firm, or
corporation may hook up or service, or assist therein, any
sewage line connected to the City sewage collection system,
unless such person, firm or corporation is a plumber duly
licensed under the laws of the State of Minnesota or the
ordinances of the City.
D. Connection Charge. The connection charge imposed by
the City for hookup of premises to the municipal sewage
collection system shall be set by a duly adopted resolution
of the City Council.
E. Residential Equivalent Connections (REC's) will be
established for non-residential users. The number of REC's
per use will be as per the current version of the
Metropolitan Council Environmental Services Procedures
Manual. Any charges so established may be amended at any
time by a duly adopted resolution of the City Council.
F. No person shall connect to the City sewer system
without also connecting to the City Water system, except by
resolution of the City Council.
SECTION 4. ACCOUNTS IN NAME OF PROPERTY OWNER; LIEN FOR
DELINQUENT ACCOUNTS.
A. Account Name. All accounts shall be carried in the
name of the property owner who personally, or by their
authorized agent, shall apply for such service. Said owner
shall at all times be personally liable for'sewage treatment
service used upon the premises whether they are occupying
the same or not.
B. Lien on Property. All accounts and charges imposed by
and pursuant to this ordinance are hereby made a lien upon
the premises served by the sewage treatment hookup. All
such accounts and charges which are, on the 1st day of
October of each year, 30 or more days past due, and the same
having been properly billed to the owner or occupant of the
premises served, may be certified by the City Clerk as
unpaid and delinquent to the County Auditor by the 1st day
of November of each year. The City Clerk, in so certifying
such accounts and charges to the County Auditor, shall
specify the amounts thereof, the description of the premises
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served, and the name of the owner thereof. The amount so
certified shall be extended by the Auditor on the tax rolls
against such premises in the same manner as other taxes and
shall be collected by the County Treasurer and paid to the
City Treasurer.
SECTION S. USE OF SEWER WITHOUT AUTHORITY.
Any person, firm or corporation who uses or connects to the
municipal sewer system without complying with the provisions
of this ordinance, or without other authorization, or who
assists any other person in so doing, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be
punishable by a fine of not to exceed Seven`Hundred Fifty
($750.00) or by imprisonment not to exceed ninety (90) days,
or both. Violators are also responsible for the City's
costs for prosecution or in seeking injunctive relief.
SECTION 6. CLASSIFICATION AND CHANGE OF RATE.
The City Council shall have the power by resolution, to
classify all types of sewage discharged into the sanitary
sewer system of the City based on the quantity,
concentration, cost of disposal and other pertinent facts,
and to fix, increase, or decrease the rates charged for the
use of said sanitary sewer system on any equitable basis the
City Council may deem appropriate as the proper basis for
measuring the use of said sanitary sewer system.
SECTION 7. RESPONSIBILITY FOR REPAIRS.
The cost of all repairs and replacement of any sewer service
lines between the residence or structure and the public
sewer main line, shall be borne entirely by the owner of the
premises affected, and if such repair or replacement work is
performed by the City, the cost of time and material shall
be assessed against the owner of the affected premises.
SECTION S. PENALTY.
Any person violating any provision of this ordinance shall,
upon conviction therefor, be punished by a fine not
exceeding Seven Hundred Fifty and N0/100 Dollars ($750.00)
or by imprisonment not exceeding ninety (90) days, or both.
A separate offense shall be deemed committed for each day
the violation shall continue. The City is also allowed to
seek injunctive or other relief and assess penalties as part
of that process. '
SECTION 9. SEVERANCE.
The provisions of the ordinance are separable and the
invalidity of any provision shall not effect the remaining
provisions.
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SECTION 10. REPEAL OF INCONSISTENT ORDINANCES.
All ordinances or parts of ordinances in conflict with this
ordinance are to the extent of such conflict hereby
repealed. This ordinance shall take effect and be in full
force from and after the date of its publication.
Adopted by the City Council of the City of Otsego this 26TH
day of �TUAg , 2000.
Aax-
E-&ine Beatty, Cit Cler
D,,1-,1 4 -1, .
CITY OF OTSEGO
arry ournier, Mayor
DO - Elk River Star NEws
10, 2000 - Otsego City HAll
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