A. Prohibited: It shall be unlawful for any person to install a new private or community water system and/or well in the city limits.
B. No New Private Wells: In newly platted areas, only lots that have city water and sewer extended can be issued a zoning permit. In no circumstances will new private wells be allowed.
C. Connection Deadline: For those households within city limits that currently do not have city water connections and have private wells, mandatory hookup to city water will be required on or before August 21, 2005.
D. Application Deadline; Fee: To determine whether or not such public water is available for an existing private connection each person or corporation must make application for connection to the public system by January 1, 2002.
Upon determination of the council that it is not feasible to connect the applicant's premises to the public water system, then the applicant shall be granted a permit to continue the use of their private system (well) for a maximum increment of two (2) years. After the application expires, the process would have to be repeated and reviewed.
A fee may be charged for this permit with costs set by council resolution. (These fees will cover the costs of yearly testing of the water by city staff.)
E. Existing Wells Sealed; Deadline: All existing private wells within city limits that are on property already connected to the city water system will be sealed at the property owner's expense and in accordance with Minnesota department of health requirements on or before August 21, 2002.
F. Documentation Of Sealing Completion Required: Owners of existing wells must present the city of Hawley with documentation of completion of sealing the private well by August 21, 2002.
G. Abatement: The associate public works supervisor shall be charged with the enforcement of verifying sealing of any nonpermitted private well that exists on premises in the city. The officer shall notify in writing the owner or occupant of the premises of such fact and order that such well be sealed. The notice shall be served in person, or by certified or registered mail. If the notice is not complied with, within the time specified (60 days) the enforcing officer shall report that fact forthwith to the city council. Thereafter the city council shall cause the well to be sealed by the city.
H. Recovery Of Costs; Personal Liability: The owner of premises on which the city has sealed a well shall be personally liable for the cost to the city of the sealing, including administrative costs. As soon as the work has been completed and the costs determined, the city clerk shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk.
I. Assessment: Once the well is sealed and payment is not received, the city clerk shall, on or before September 1 next following the abatement of the well, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota statutes section 429.01 against each separate lot or parcel to which the charges are attributable. The city council may then spread the charges against such property under that statute and other pertinent statutes for certification to the county auditor and collection along with the current taxes the following year or in annual installments, not exceeding ten (10) years as the city council may determine in each case.
J. Penalty: Any person convicted of violating any provisions of this section shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 228, 4-16-2001)