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§ 51.07 DELINQUENT ACCOUNTS.
   (A)    Late payment penalties shall be assessed on all delinquent accounts in accordance with the fee schedule set by ordinance of the City Council.
   (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 shall be sent to each account holder by first class mail of the delinquent charges 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.
      (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 first meeting during the month of November. 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 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 in accordance with this chapter, the city may certify the unpaid charges to the County Auditor for collection as other taxes 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.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.08 CONNECTIONS TO THE COMMUNITY SEWAGE TREATMENT SYSTEM.
   (A)    Properties that are situated within the official service areas of the Big Marine Sewer Utility and currently receive service from said utility shall be required to maintain services with this utility. Such service areas shall be identified and adopted by the City Council from time to time, for the Bliss Facility and the Anderson-Erickson Facility subject to provisions within this chapter. Only properties identified within these service maps may be served by this utility and not yet currently served by the Big Marine Sewer Utility shall also be subject sufficient capacity limits set forth in this code. Properties that meet city development code requirements specified in Ch. 153 of this code, but are unable to be served by the Big Marine Sewer Utility, may by special permit from the City Council obtain a permit for a private on-site septic system should adequate space and design requirements be met under both this city code and Washington County ordinance.
   (B)   Service area maps. The City Council shall adopt service area maps for the Bliss Facility and the Anderson-Erickson Facilities for the utility as of the publication of this amendment. Properties eligible for inclusion include:
      (1)   All properties currently served by one of the utility's two facilities.
      (2)   Parcels that meet all four for the following criteria:
         (a)   Said parcel meets all development minimum standards as specified within the city development regulations found in Ch. 153 of this code of ordinances;
         (b)   The property owner of the parcel can demonstrate with a report from a state licensed septic system designer, consistent with Minn. Rules part 7080, that no appropriate sites for a system can be sited within the property consistent with city and county regulations;
         (c)   That the city deems that inclusion of said property will not hinder the sewer system's sufficient capacity; and
         (d)   The inclusion of said property to the community wastewater system is deemed in the interest of the environmental well-being of Big Marine Lake or other adjacent water sources.
   (C)   New connections. New connections to the community sewage treatment system shall be prohibited unless sufficient capacity is available in all downstream facilities and the property is identified within official service area maps for a facility within this utility.
      (1)   Anderson-Erickson Facility. For the Anderson-Erickson Facility, sufficient capacity is available if the peak flow as measured over the peak three day period is less than 90% of the 6,700 gallon per day system design flow and the peak flow as measured on a monthly basis is less than 90% of the target monthly limit of 5,300 gallons per day.
      (2)   Bliss Facility. For the Bliss Facility, sufficient capacity is available if the peak flow as measured on a monthly basis is less than 90% of 14,800 gallons per day. Nineteen thousand, eight hundred gallons per day is the permitted flow less 5,000 gallons per day of reserve capacity.
   (D)   New connections to the community sewage system shall be prohibited if the system is within 10% of the permit limits of non-flow sampling requirements. The city may also impose new connection moratoriums if a facility is at risk of or has exceeded its sufficient capacity.
   (E)   Connections shall be limited to residential users only and to properties identified within adopted service area maps.
   (F)   Alterations made or proposed that increase user capacity shall be treated as a new connection under this chapter and as such shall be subject to the provisions of § 51.08(D).
   (G)   Any property owner requesting a utility must first apply for a permit with the city that includes a survey, or site plan, as determined by the City Administrator and an analysis from a Minn. Rules part 7080 (2011) licensed onsite sewage treatment system designer documenting the size and location of tanks, piping, and the specifications of pumps to be installed on the property consistent with city design specifications and the Washington County Individual Sewage Treatment System Code.
   (H)   No person shall uncover, make any connection with, or opening into, or use, alter, or disturb any portion of the system or appurtenance thereof without first obtaining a written permit from the city. Further, it shall be a violation for any user upon whose property any portion of the system is located to allow any unauthorized access, use, alteration, or disturbance of any portion of the system or appurtenance thereof on the user's property.
   (I)   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.
   (J)   All new connections to the system after the effective date of this chapter shall have their own septic tank and pump tank. The sharing of septic tanks among neighboring properties is strictly prohibited. If a dwelling currently sharing a septic tank applies for a permit that involves any material improvements that increase the flow, the property owner will be required to install a separate septic tank unless it can be proven that a non-economic hardship exists, in which case the property owner may apply to the City Council for an exemption from this requirement.
   (K)   New users connecting to the system shall pay to the city a sewer connection fee in accordance with the current fee schedule set by ordinance of the City Council. In addition to the connection fee, the new user is responsible for all of the costs associated with hooking up to the community sewage treatment system, including, but not limited to, the septic tank, pumps, wet wells, control panels, sewer laterals, road repair related to the installation of the new equipment, and any costs incurred by the city in the use of engineers or other third-party consultants.
   (L)   By accepting utility service each user shall allow the city access to inspect any portion of the community sewage treatment system and any connection to the system, including (without limitation) portions of the system and connections accessible from the interior of any structure. Interior inspections shall be conducted during normal business hours of the city and the city shall provide the customer with at least 48 hours of notice before an inspection is to take place. Notice under this section shall be effective upon mailing and shall be mailed to the customer or owner at the address file with the utility. Failure to cooperate with the city's reasonable request for access shall be a violation of this chapter.
(Ord. 202, passed 12-18-2018; Ord. 209, passed 2-19-2019; Ord. 21-04, passed 11-16-2021) Penalty, see § 10.99
§ 51.09 MAINTENANCE RESPONSIBILITY.
   (A)   It shall be the responsibility of the property owner to maintain the service line from the septic holding tank into the house or building. It shall be the responsibility of the city to maintain the part of the system from septic tank to the service main. The contractor hired by the owner to repair the wastewater service line on the property owner's side of the system shall follow the all requirements of this section relating to new construction which are applicable to maintenance work, including obtaining a permit from the city.
   (B)   If the city identifies an improper condition of or unauthorized connection to any part of the community sewage treatment system located on a user's property, the city shall notify the user in writing and specify the maintenance or repair required. If the user fails to cause the specified maintenance or repair to be properly performed, and evidence of the same is not provided to the city within three days of the notice, the city may cause the specified maintenance or repair to be performed and may charge the user for the cost of the same, which cost shall be considered a cost of repairs under § 51.11.
(Ord. 21-04, passed 11-16-2021)
§ 51.10 PROHIBITED WASTE DISCHARGES.
   (A)   No user shall make or maintain connection of roof downspouts, exterior foundation drains, surface runoff, or groundwater to a building sewer or indirectly into the community sewage treatment system.
   (B)   No user shall discharge into the community sewage treatment system any incompatible waste as defined in this chapter.
   (C)   No user shall discharge into the sewage system any wastewater having a strength greater than that primarily produced by residential user, defined as having a biochemical oxygen demand (BOD5) concentration of approximately 200 mg/l and suspended solids concentration of approximately 225 mg/l.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.11 COST OF REPAIRS.
   In addition to any penalties that may be imposed for violation of any provision of this chapter, the city may assess against any user the cost of repairing or restoring sewers or associated facilities damaged as a result of any act or omission in violation of this chapter by the user or upon the user's property, and may collect the assessment as an additional charge for the use of the system or may pursue any other method of collection of the costs the city deems appropriate.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)
§ 51.12 ADMINISTRATION AND ENFORCEMENT.
   (A)   The City Administrator, or his or her designee, shall be responsible for administration and enforcement of this chapter and the collection of the user charges as set forth in this chapter. The City Council shall hear and decide appeals and review any order, decision, or determination made by the Administrator regarding the enforcement of this chapter.
   (B)   The city hereby establishes Big Marine Sewer Fund into which all revenue collected from users shall be deposited, and from which all expenditures necessary for the operation and maintenance of the system shall be paid.
   (C)   Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, the violator shall be subject to a fine, imprisonment, or both, plus the cost of prosecution.
   (D)   The city reserves the right to disconnect service to any user found to be in violation of this chapter. Service shall not be disconnected until notice and an opportunity for a hearing before the City Council have been provided to the occupant and to the owner of the premises involved.
(Ord. 202, passed 12-18-2018; Ord. 21-04, passed 11-16-2021)