A. A Compliance inspection, as defined by Minn. R. Ch. 7080-7083, shall be required prior to the following:
1. Sale or transfer of ownership of any building;
2. Public or church accessory building or building additions over 240 square feet.
3. When altering an existing structure to add a bedroom.
B. An SSTS found in noncompliance with the requirements of this Chapter shall be either:
1. Brought into compliance; or
2. Have established a Septic Compliance Escrow Account in accord with the provisions of this Section prior to the sale or transfer of ownership, or prior to the construction of a public or church accessory building or building over 240 square feet.
C. An SSTS found in compliance but lacking proper access to the maintenance hole shall have the required risers and inspection pipes installed to conform with the requirements of this Chapter.
D. An SSTS shall be pumped at the time of the Compliance inspection unless the SSTS is found in noncompliance and is required to be repaired or upgraded.
E. Septic Compliance Escrow Accounts are a temporary alternative to conformance on the date of sale. Establishing a Septic Compliance Escrow Account is not conformance with the provisions of this section; however, it is a defense against enforcement during the duration of the hardship. A Septic Compliance Escrow Account may be established whenever the seller demonstrates, and the City Council finds that:
1. A hardship not created by the buyer or seller makes it impossible or impractical to bring the system into compliance; and
2. The hardship is temporary, so that within six (6) months the hardship will be alleviated and the system will be brought into compliance. Soil frozen to a depth of more than twelve (12) inches is deemed a hardship. Hardship may be found due to impractical cost whenever factors not created by the Seller cause the cost of the compliance repairs to increase to 133% or more of the cost of repairs without the claimed hardship factors. Hardship may also be found due to impossibility when no locally available contractor has the equipment necessary to perform the compliance repairs, provided locally available contractors have the equipment necessary to perform compliance repairs without the hardship.
F. The Septic Compliance Escrow Account will be established and maintained by the buyer and seller. Following the finding of hardship, the buyer and seller will obtain estimates of the cost of compliance repair. The City Building Official will review these estimates. Buyer and seller shall establish a Septic Compliance Escrow Account, naming the City of Columbus as a necessary party for the release of escrow funds. (An example of a suitable agreement is included in Appendix A). Buyer and seller shall then deposit an amount equal to 125% of the estimated compliance repair cost into the escrow account. Upon a showing that the buyer and seller have entered into the required escrow agreement, the City shall approve the sale contingent on the successful completion of compliance repairs and closing of escrow. The contingency may be recorded against the property. Upon completion of compliance repairs, the City shall authorize the release of escrow funds and remove the contingency recorded against the property.
[§ 14-637, added by Ord. No. 98-5, effective July 30, 1998 and amended by Ord. No. 98-12, effective December 31, 1998, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 15-01, effective May 7, 2015.]