Section
50.01 Title
50.02 Purpose and intent
50.03 Rules and definitions
50.04 User charges and billing
50.05 Accounts
50.06 Delinquent accounts
50.07 Connections to the uptown wastewater treatment system
50.08 Maintenance and operation of the system
50.09 Prohibited waste discharges
50.10 Cost of repairs
50.11 Administration and enforcement
The purpose of this chapter is to establish the requirements for the operation, maintenance, and administration of uptown wastewater treatment system (UWTS) owned and operated by the city which serves the village center portion of the city and to establish a mechanism for setting user charges therefor. This chapter is intended to provide for operation of the system in accordance with all applicable laws and in an environmentally sound manner, and to provide for the collection of sufficient revenues to financially balance revenues and expenditures for operation and maintenance of the system.
(Ord. 134, passed - -2012)
(A) In the event of conflicting provisions in the text of this chapter, and/or other ordinances, the more restrictive provisions shall apply. The City Council shall determine, in its sole discretion, which is more “restrictive”.
(B) Words used in the present tense shall include the past and future tense; the singular includes the plural and the plural includes the singular.
(C) The word “shall” is mandatory and the word “may” is permissive.
(D) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCOUNT. A record of periodic costs for sewer service provided to each property connected to the city’s UWTS.
CITY. The City of Scandia, Washington County, Minnesota.
OWNER. The owner of a parcel of real property in the city which is served by the UWTS or upon which the private portion of the system or the public portion of the system are located.
PRIVATE PORTION OF THE SYSTEM. The portion of the UWTS that resides within the individual parcel boundaries of the user and which has not been specifically defined as a public portion of the system, including water meters, building service lines, septic tanks, pumps, and any other components serving individual users of the system.
PUBLIC PORTION OF THE SYSTEM. The portion of the UWTS that is owned and operated by the city, including the soil treatment system, pre-treatment units, tanks, pumps, control panels, collection lines, force main, and any other components serving more than one user of the system.
UPTOWN WASTEWATER TREATMENT SYSTEM (UWTS). A wastewater treatment system that serves the city center of the city and consisting of: collector lines; pumps; sewage tanks; soil treatment unit; and any related appurtenances.
USER. The resident, inhabitant, or occupant of an establishment that is causing or permitting the discharge of wastewater to the UWTS.
(Ord. 134, passed - -2012)
(A) A schedule of user charges and other fees shall be adopted from time to time by ordinance as allowed by and in accordance with state statutes. The ordinance shall be kept on file and open to inspection in the office of the City Clerk and shall be uniformly enforced.
(B) Bills shall be mailed for each account on or before the fifth day of January, April, July, and October of each year and specify the charges in accordance with the current fee schedule set by ordinance of the City Council. All charges shall be due upon receipt and considered delinquent after the fifth day of the following month.
(C) User charges and fees for the uptown wastewater treatment system shall be as follows.
Fee
| |
Base charge | $83.33/quarter |
Volume charge | $47.43/1,000 gallons |
Late payment fee | $10 |
Annual interest rate on account balances 30 days past due | 12% |
Annual interest rate on delinquent accounts certified for collection with property taxes | 12% |
Connection fee, per dwelling unit | $8,000 |
(Ord. 148, passed 12-17-2013; Ord. 191, passed 12-19-2017)
(A) All accounts shall be carried in the name of the owner of the property, at the mailing address to which property tax bills are sent by the county, unless a written request for an alternative billing address is submitted to the city by the owner.
(B) The owner shall be liable for the sewer service supplied to the property, whether he or she is occupying the property or not, and in addition to any other remedy available to the city, including those identified in § 50.06 below, any unpaid charges shall be a lien upon the property to the full extent allowed by law.
(Ord. 134, passed - -2012)
(A) Late payment penalties shall be assessed on all delinquent accounts in accordance with the schedule adopted by resolution of the City Council from time to time.
(B) Partial payments on delinquent accounts shall first be applied to any penalties and then to user charges.
(C) All delinquent accounts as of October 15 of each year shall be certified to the County Auditor for collection with taxes in the following year, according to the following procedure.
(1) Notice of the delinquent charges shall be sent to each account holder by first class mail and to the address of the owner in accordance with § 50.05, not less than ten days prior to the date of a City Council hearing to consider the charges proposed to be certified for collection with property taxes for the property.
(2) The notice shall state that if payment is not made before the date for certification, the entire amount plus penalties will be certified to the County Auditor for collection as other taxes are collected.
(3) A hearing shall be held by the City Council at its regular meeting during the month of November. Account holders and property owners with unpaid accounts shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds that all or any portion of the amounts claimed as delinquent are actually due and unpaid, and there is no legal reason why the unpaid charges should not be certified for collection with taxes against the property in accordance with this chapter, the city may certify the unpaid charges to the County Auditor for collection as other taxes against the property are collected.
(4) For each certification sustained, the property owner shall have the following options after the hearing:
(a) To pay the delinquent amount listed on the preliminary assessment roll, but without additional interest after the hearing, within ten days of the hearing date; or
(b) To pay the certified charges as billed to the property owner by the county on the owner’s property tax statement with a collection term of one year.
(5) Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to the county.
(D) The city may, in lieu of or in addition to certification as provided in division (C) above, in its discretion, file suit in a civil action against the owner of the property to collect the amounts as are delinquent and due against the occupant or user of the real estate and shall collect, as well, all costs and attorney’s fees incurred by the city in filing the civil action. Attorney’s fees shall be fixed by order of the court.
(Ord. 134, passed - -2012)
(A) No unauthorized person shall uncover, make any connections with, or opening into, use, alter, or disturb any public or private portion of the UWTS or appurtenance thereof without first obtaining a written permit from the city or county as may be applicable.
(B) All sewer connections shall conform to applicable requirements of the State Building and Plumbing Code and all applicable rules and regulations of the city or county. All connections shall be made gas-tight and water-tight, and verified by proper testing to prevent the infusion of infiltration/inflow. Any deviation from the prescribed procedures and materials shall be approved prior to installation. The connection and inspection shall be made under the supervision of the city building official or his or her designee.
(C) New connections to the UWTS system shall be prohibited unless the city determines that sufficient capacity is available in all downstream facilities. Any person proposing a new connection to the system shall be responsible for the cost of any engineering studies or other use of city consultants necessary to determine whether there is sufficient capacity in the collection and treatment system, and for the cost of any improvements or modifications to the system necessitated by the new connection. All costs and expense incident to the installation and connection of the building sewer shall be borne by the user. New users connecting to the system shall pay to the city a sewer connection fee to be determined by the City Council at the time the connection is made.
(D) Each user shall install and maintain a water meter of a type approved by the city.
(Ord. 134, passed - -2012)
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