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(A) The Superintendent or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observations, measurement, sampling, and testing pertinent to the discharges to the city’s sewer system in, accordance with the provisions of this chapter.
(B) The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on, the type and source of discharge to the wastewater collection system. An industry may withhold information considered confidential however, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(C) While performing necessary work on private properties, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except that such may be caused by negligence or failure of the company to maintain safe conditions as required in § 50.06(I).
(D) The Superintendent or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within the easement, All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 101, passed 1-3-1990)
(E) Every person occupying improved real estate that discharges into the city’s sanitary sewer system shall allow the City of Amboy employee(s) or authorized agents to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow their property to be inspected shall immediately become subject to the fine and surcharge hereinafter provided for. The occupant shall have a reasonable time to correct the deficiency taking into consideration the climactic conditions which exist at the time the violation is discovered. Corrections shall be verified by City of Amboy employee(s) or its authorized agents. Upon verified compliance with this division (E), the city reserves the right to inspect the property at least yearly to verify continued compliance.
(Ord. passed 6-14-1993)
(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR, CLERK-TREASURER. Appointed by the City Council and/or the Administrator, Clerk-Treasurer designee.
BUYER. Any person or entity who purchases a property or to whom title to a property is conveyed.
BUILDING OFFICIAL. Appointed by the City Council and/or the Building Official's designee.
CLOSING. The date in which the ownership of the property is transferred to the buyer.
POINT OF SALE CERTIFICATION or CERTIFICATION. The certificate provided to the city evidencing compliance with this section.
QUALIFIED PERSON. A person qualified to complete an inspection and certification under division (C)(3) below.
SALE or SOLD. The transfer of title to a property.
SELLER. The current owner of real estate as identified in the property records on file at the Blue Earth County Auditor's Office or by court order.
(B) Requirements.
(1) Sanitary sewer lines. All sanitary sewer lines serving property, from the house to the main line, shall be in a safe and functional condition and shall be free from all leaks and failures, including but not limited to sags, partially collapsed sections, or tree root intrusion.
(2) In addition, all sanitary sewer lines shall meet the standards and specification established in this section and Minnesota State Plumbing Codes.
(C) Point of sale certification required and monies escrowed for deficiencies.
(1) No property which is connected to the city's sanitary sewer and/or water service line shall be sold within the city unless the seller or buyer has provided a point of sale certificate to the Building Official at least two business days prior to closing. The certification shall certify that the property has been inspected and is in compliance with the requirements of this section. Certifications shall be valid for 5 years from the date of signature.
(2) The certification shall be in the form provided by the city and requires 1 digital copy of the televising report to be provided to the city along with the written report.
(3) The inspection and certification of sanitary sewer lines and/or water service lines must be completed by a qualified person. A qualified person is a plumber licensed by the State of Minnesota or another sewer professional pre-approved by the city.
(4) The fee for inspection and preparation of the certification by the contractor shall be paid by the buyer or seller. There shall be no fee paid to the city.
(5) Any deficiencies discovered during the inspection shall be disclosed prior to closing and shall be corrected within 12 months from the closing. The seller shall provide proof to the city that funds were placed in an escrow account at closing to cover the required repairs.
(D) Exceptions. Certifications are not required for the following:
(1) A property where the certificate of occupancy has been issued by the Building Official within 5 years prior to the sale of the dwelling unit.
(2) A property sold or transferred by a court ruling including wills, probate actions, divorce and estate settlements.
(3) A property that is without buildings or contains no dwelling or other buildings with plumbing fixtures.
(4) A property which is sold at a sheriff's sale to a foreclosing mortgagee which holds a mortgage on the dwelling unit.
(5) A property transfer which does not require the filling of a certificate of real estate value, as described in M.S. § 272.115, Subd. 1.
(E) Penalties.
(1) Criminal remedies. The failure of any seller or buyer to comply with the provisions of this section or to comply with an order issued by the city pursuant to this section shall be a misdemeanor.
(2) Civil remedies. In additional to the criminal remedies, this section may be enforced by injunction, action for abatement or other appropriate civil remedy.
(F) Warranty disclaimer by city. By enacting and undertaking to enforce this section, neither the city nor its council, agents or employees warrant or guarantee the safety, fitness or suitability of any property in the city.
(Ord. 150.30, passed 11-9-2020) Penalty, see § 10.99
(A) Any violation of any provision of this chapter shall result in a written warning stating the nature of the violation and giving notice to comply to the offending occupant and landowner if not the occupant. The warning may be achieved by personal service or by mailing by United States certified mail to the owner of the subject real estate and to the occupant of the subject real estate. The notice shall also provide a reasonable time limit for the satisfactory correction of the violation. The offender shall, within the period of time stated in the notice, permanently cease all violations. The violation must be permanently resolved and corrected within the time limit.
(B) (1) In the event the correction to a violation of § 50.06(A) is not accomplished within the amount of time provided for in division (A) of this section, the city, without any additional notice, may take necessary steps to terminate utility services, including water, to the address deemed in violation.
(2) Additionally, a surcharge of $75 per month is hereby imposed and shall be added to every sewer billing mailed on and after 12-1-2002 to those landowners or occupants who are not in compliance with § 50.06(A). The surcharge shall be added every month, until the property is in compliance. The imposition of the surcharge shall in no way limit the right of the City of Amboy to pursue other remedies available such as the City of Amboy correcting the violation. If the City of Amboy corrects the violation, the offending party shall be charged for the actual cost of the correction. The actual cost, including reasonable charges for labor involved, shall be added to the next regular water, sewer, garbage, or utility billing that the city issues to the address. In the event the occupant of the property is not the owner of the property for real estate tax purposes, the billing for the correction shall be sent to the property owner. Any unpaid amounts of the cost of repair or correction of the deficiency may be certified to Blue Earth County Land Records as an assessment for inclusion in the next year’s real estate taxes to the extent that it remains unpaid.
(3) Any person who shall continue any violation of any provision of this chapter beyond the time limit provided for in division (A) above shall be guilty of a misdemeanor.
(C) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of the violation.
(Ord. 101, passed 1-3-1990; Am. Ord. passed 6-14-1993; Am. Ord. passed 10-7-2002) Penalty, see § 10.99