(A) Findings. The City Council finds:
(1) It is in the best interests of public health, safety, and welfare, including but not limited to the protection of water quality for the health and safety of residents within the city, that properties within the city are served by and connect to city sanitary sewer and water service facilities;
(2) It is in the best interests of the city and its inhabitants that the cost of development and construction of sanitary sewer and water service facilities should be borne by the owner of the property which is served, and not the general taxpayers of the city; and
(3) It is in the best interests of the city and its inhabitants that sanitary sewer and water service connection and availability charges vary in amount depending on the factors set forth in this section.
(B) Purpose. The purpose of the connection and availability charges established herein is as follows:
(1) To ensure that the city obtains sufficient funds to pay the cost of development and construction of sanitary sewer and water service facilities from the owners of the properties served;
(2) To equitably apportion the cost of development and construction of sanitary sewer and water service facilities among the owners of the properties served; and
(3) To reimburse the city for the cost of making and supervising connection of properties to sanitary sewer and water service facilities.
(C) Connection charges. Pursuant to M.S. § 444.075, connection charges, in amounts to be established by resolution of the City Council from time to time, are hereby established to apply to any parcel of land within the city which hereafter is either connected to city sanitary sewer and/or water service facilities or required to connect to such facilities pursuant to city regulation. The City Council may establish by resolution one or more connection charges to apply equitably to developments, circumstances, and areas of the city. Connection charge amounts may be based upon any or all of the following factors and any such other as may be promulgated by city:
(1) The cost of making and supervising the connection to the facilities;
(2) The cost of development and construction of new or enlarged facilities to extend service coverage within the city;
(3) The cost of enlarging the capacity of the facilities in anticipation of future residential or commercial development, which cost may be included, without limitation, in connection charges applied to new developments regardless of whether the specific development was planned or under construction at the time the cost of enlarging the facilities’ capacity was incurred; and
(4) Any other costs associated with providing sanitary sewer and/or water service facilities to properties within the city and either allowed or not prohibited by applicable law, including but not limited to costs of construction, reconstruction, repair, enlargement, and improvement of such facilities.
(D) Mandatory connection: when connection is required. The owners of all structures discharging wastewater and located within 200 feet of the city sanitary sewer service facilities shall be required, at each owner’s expense, to install a suitable connection line to the city sanitary sewer. The deadline for connection may be determined by resolution of the City Council for a particular project or area of the city, and may include such conditions as the City Council deems appropriate. If no deadline has been determined by resolution, the connection shall be completed either within 90 days after the city sanitary sewer has become operational in cases where the sanitary sewer service has been extended to within 200 feet of existing structures, or immediately in cases where new structures are constructed within 200 feet of existing sanitary sewer service facilities. In the event that any owner fails to complete the connection to the city sanitary sewer by the applicable deadline, the city shall have the right to enter onto the subject property, complete the connection, and all costs entailed with the connection shall be added to the connection charge amount for the property.
(E) Unpaid charges.
(1) Due date; delinquent charges. Connection charges and availability charges shall be due and payable within 60 days after the date the charge is billed to the property owner. A charge that is not paid within such period shall be considered delinquent. On or before October 15 of each year, the City Clerk shall certify all delinquent charges to the Houston County Auditor.
(2) Payment of delinquent connection charges in installments.
(a) A property owner whose property is subject to a delinquent connection charge may petition the City Council to allow certification of the charge to the County Auditor in annual installments, together with interest at the annual rate established by the City Council. The City Council shall grant all such petitions which are filed in writing with the City Clerk within 30 days after the connection charge has become delinquent. The City Council may grant, but shall not be required to grant, any petition which is filed after the expiration of such 30-day period. A property owner may also file such petition with the City Clerk before the connection charge becomes delinquent, although the petition will not be deemed accepted and the City Council will not have authority to act on any such petition until the connection charge has become delinquent. If a petition is filed too late (in the sole judgment of the City Council) to allow the city to certify the first installment on the following year’s property taxes, the property owner shall make payment of the first installment plus interest directly to the city within 30 days after the City Council has approved the petition, and all subsequent installments and interest will be certified for payment with property taxes.
(b) The City Council shall have the discretion to determine the number of annual installments allowed for each petition granted based upon all relevant factors, including but not limited to the amount of the connection charge and the need for the city to recover construction costs within a reasonable period of time. The City Council, in its sole discretion, may also increase the number of annual installments to accommodate the proven financial hardship of an owner based on income, medical status, disability, and other relevant factors, provided, however, that any increase in the number of installments on such basis may be reviewed and the number of installments modified, in the City Council’s sole discretion, in the event that the hardship is eliminated or alleviated due to a transfer of full or partial ownership or possession of the property, a change in financial circumstances of the owner, or any other circumstances which significantly reduce the hardship.
(c) A property owner’s obligation to make approved installment payments under this section shall be binding on the property owner’s successors and assigns, and shall also be a lien on the parcel of land to which the connection charge relates. Evidence of such lien may be filed against such parcel, of land in the office of the Houston County Recorder; provided, however, that any failure to file such lien with the Houston County Recorder shall not eliminate or diminish, in any way, the obligation of the property owner or the property owner’s successors and assigns to make the approved installment payments.
(d) If the property taxes become delinquent for any parcel of land which the City Council has approved for certification of the delinquent connection charges in installments, the City Council may declare the total connection charge and accrued interest to become immediately due and payable. Thereafter, the City Council shall certify the total outstanding balance of the delinquent charges together with interest to the Houston County Auditor for collection thereafter as other taxes against the subject parcel of land.
(e) A listing of the various items and the connection charges with reference thereto shall be established by resolution of the City Council at any duly convened meeting thereof.
(f) The City Council may, from time to time, modify, amend or supplement the listing of charges without need to amend the initial enabling ordinance.
(Ord. 469, passed 3-14-11)