(A) Private sewer system unlawful. It shall be unlawful to construct, maintain, or install any privy, privy vault, septic tank, drainfield, cesspool, holding tank, private or community sewer system, or other facility intended or used for the disposal of wastewater within the city.
(1) Zoning or building permit. No zoning or building permit can be issued for construction, expansion, or remodeling of any new or existing building used for human occupancy, employment, recreation, or other purpose from which wastewater is discharged unless and until municipal water and sewer service is extended to a public right-of-way or easement that is adjacent to the property prior to or contemporaneous with that construction, expansion, or remodeling. Under no circumstances will new private septic systems, drainfields, or holding tanks be allowed to be installed in the city. All new or existing buildings used for human occupancy, employment, recreation, or other purpose from which wastewater is discharged must be connected to the municipal water and sewer system at the time they are constructed, expanded, or remodeled.
(2) Connection deadline. Existing buildings from which wastewater is discharged within the city as of the date of this section that currently are not connected to the municipal sewer system and have private sewer systems must connect the municipal sewer system at the property owners expense within one year after the municipal sewer system is extended to an easement or right-of-way adjacent to the property. Existing buildings on lands annexed to the city after the date of this section that have operable private sewer systems less than five years old and in compliance with all current codes as of the date of annexation are not required to be connected to the municipal sewer system until five years after the date of annexation or until one year after the municipal sewer system is extended to an easement or right-of-way adjacent to the property, whichever occurs last. All connections to the municipal sewer system shall be at the property owner’s expense.
(3) Application deadline. The owner or owners of each and every existing building located in the city as of the date of this section from which wastewater is discharged within the city that currently are not connected to the municipal sewer system must make application for a permit to connect to the municipal sewer system no later than January 1, 2006. Upon determination of the City Council that it is not currently feasible to connect the applicant’s building to the municipal sewer system, the applicant may be granted a permit to continue use of the private sewer system for a maximum of two years. Prior to expiration of that permit, the applicant must again apply for a permit to connect to the municipal sewer system and the same process will apply. A fee may be charged for these permits as set by the City Council by resolution.
(4) Existing private sewers removed. All private sewer systems, septic tanks, holding tanks and drainfields currently located within the city or which become located within the city by future annexation must be removed and rendered inoperable at the property owner’s expense and in accordance with the State Department of Health requirements at the time the property is connected to the municipal sewer system. Owners of existing private sewer systems, septic tanks, holding tanks and drainfields must present the city with documentation verifying removal of the private sewer system within six months after connection to the municipal sewer system.
(B) City may make connection.
(1) In the event a property owner shall fail to connect a building used for human occupancy, employment, recreation, or other purpose from which wastewater is discharged to the municipal sewage disposal system in compliance with this section, a notice shall be mailed to the property owner by first class mail at the property owner’s last known address requiring compliance with this section within 90 days of the date of the notice. In the event the property owner fails to comply with the section and connect the to municipal sewage disposal system the city may undertake to have said connection made.
(2) The owner of the property which the city has connected to the municipal sewer system pursuant to the terms of this chapter is personally liable to the city for the cost of the work, including administrative costs. As soon as the connection is complete and the costs determined, the City Clerk-Treasurer shall present the owner of the property with a demand for reimbursement of those costs, after which the sum shall be immediately due and payable to the city. Failure to pay shall entitle the city, on or before September 1 of the year following connection, to assess the cost against the property as a local improvement pursuant to M.S. §§ 429.01 et seq., as they may be amended from time to time, and collect the same along with current taxes the following year or in annual installments as the City Council may determine. This right of the city shall be in addition to any other remedial or enforcement provisions of this chapter.
(C) Abatement of private sewers and cost recovery.
(1) The Utilities Superintendent shall enforce and verify the removal of all nonpermitted private sewer systems as required by this chapter. The Utilities Superintendent shall notify the owner of the property in writing and order that the nonpermitted private sewer system be removed. This notice shall be served in person or by certified mail. If the private sewer system is not removed as required within the time specified, the Utilities Superintendent shall report that fact to the City Council. The City Council may then cause the private sewer system to be removed by the city.
(2) The owner of the property upon which the city has removed a private sewer system pursuant to the terms of this chapter is personally liable to the city for the cost of the work, including administrative costs. As soon as the removal is complete and the costs determined, the City Clerk-Treasurer shall present the owner of the property with a demand for reimbursement of those costs, after which the sum shall be immediately due and payable to the city. Failure to pay shall entitle the city, on or before September 1 of the year following removal, to assess the cost against the property as a local improvement pursuant to M.S. §§ 429.01 et seq., as they may be amended from time to time, and collect the same along with current taxes the following year or in annual installments as the City Council may determine. This right of the city shall be in addition to any other remedial or enforcement provisions of this chapter.
(Ord. 17-2, passed 11-14-1988; Ord. 17-2, passed 6-13-2005)