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Home My WebLink AboutCity Code Violations s CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 C 2750 Kelley Parkway I P.O.Box 66 I Fax (952)249-4616 PCUCO) c Orono,MN 55356 Crystal Bay,MN 55323 wwwd.orono.mn.us September 27, 2017 James Hillegass 2465 French Lake Road Orono, MN 55391 RE: City Code Violations at 2465 French Lake Road Orono, MN Mr, Hillegass, The City of Orono has received a complaint regarding the non-compliant septic system located at 2465 French Creek Road.We have no records of your septic system being repaired or replaced since the sale of the property in March of 2016 and is a violation of Orono City Code We recognize that you may not be aware of the city code in these areas. However,your immediate attention to this matter is require. Please do not ignore this letter,there is only a few months left that a septic system can be installed before the ground freezes. The violations cited on the above mentioned premises is not repairing or replacing a non-compliant septic system which is a violation of City Code Sec.Sec. 58-75.—"Noncompliant systems" and 58-77.— "Property transaction standards for individual sewage treatment systems'. In order to correct this violation,a permit application from a licensed installer and a septic design from a licensed designer Identifying how the current septic system will be brought up to code or replaced must be submitted to City Staff by October 18, 2017. The actions approved as part of the permit must be completed by November 1,2017. Please be advised, if you fail to correct the violation prior to the deadline,this matter will be turned over to the City Attorney for further action. If you have any questions, please don't hesitate to call me at 952.249.4625. Sincerely City of Orono 4�`^ ( a Roger Peitso Building Official Enclosures:City Code Section 58-77 Sec. 58-75.-Noncompliant systems. (a) Owners of noncompliant septic systems determined as such by the City of Orono's earlier inspection programs which were issued orders requiring maintenance, repair or replacement shall be subject to the following: (1) An ISTS located within the Shoreland District found to be noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be repaired or replaced within a reasonable period of time not to extend past December 31, 2007. (2) An ISTS located outside the Shoreland District found to be noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be repaired or replaced within a reasonable period of time not to extend past December 31,2010. (b) Owners of noncompliant septic systems identified as such after the date of this ordinance which are found to be non-compliant for other reasons than due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall be issued orders requiring maintenance, repair or replacement, as follows: (1) An ISTS found to be noncompliant because it is either failing or prohibited, as defined in section 58-43,shall be repaired or replaced within 90 days, if feasible, but in no case later than ten months after the date of the repair order. (2) Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafterto eliminate effluent discharge until system repairs are completed. (c) An ISTS required to obtain and maintain a MPCA state disposal system permit shall meet the requirements of Minnesota Rules chapter 7080. if the state permit lapses, orders shall be issued to cease use of the ISTS within ten days, such use to be discontinued until reinstatement of the state permit. (d) Failure to obey a lawful order requiring repair, alteration or replacement of a noncompliant ISTS shall be cause for the city to enjoin the owner or occupant from further use of the ISTS. Upon notice, the owner shall have ten days to show cause to the city why the property should not be condemned for occupancy according to Minn. Stat. §463.15 et seq. } Sec. 58-77.-Property transaction standards for individual sewage treatment systems. (a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land, unless the following requirements are met: (1) The seller of any property having an individual sewage treatment system shall have a state licensed inspector or designer I complete the Minnesota Pollution Control Agency (MPCA) sewage system compliance inspection form for existing sewage systems in accordance with this article and Minnesota Rules chapter 7480.The exception would be a new septic system installed within the previous five years or a compliance inspection performed by a licensed inspector or designer I within the previous three years. (2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of compliance or notice of non-compliance to any person who signs a purchase agreement. The disclosure form and certificate of compliance or notice of non-compliance inspection form must be provided to the buyer prior to signing the purchase agreement (3) The licensed inspector or designer 1 must submit a copy of the certificate of compliance or notice of non-compliance to the city within 30 days of the date of inspection. (4) If the existing system is found to be out of compliance it must be brought into compliance prior to transfer of the property. If the system is not brought into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (5) If the seller fails to provide a certificate of compliance,the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (6) The security shall be placed in an escrow with a licensed real estate closer, licensed attomey-at- law or a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 percent of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the certificate of compliance. File Summary Report: 17-000160 12/04/2017 Case Information: Case#: 17-000160 Status: Open Disposition: Sent to City Attorney Address: Neighborhood: 2465 FRENCH LAKE RD Priority: WAYZATA MN 55391 Open Date: 11/30/2017 Property Owner:JAMES C HILLEGASS Parcel Number:0911723110010 Sub-Division: How Received: Close Date: 12/01/2017 Responsible User: Roger Peitso Type: Code Enforcement Approximate Location: Description: Owner has not installed new septic system that money was held for at point of sale per Ordinance 58-77 & 58-75 Legal Description: Categories: Citizens: Name Home Address Home Phone Business Phone Association JAMES C HILLEGASS Home Address: Property Owner 2465 FRENCH LAKE RD Violations: Open Date Code Description Status Disposition Close Date Dec 01, 2017 58-75(b) Noncompliant Septic Open Systems Dec 01, 2017 58-77 Point of Sale Open Requirements Chronological History: Date Type User Activity Status 09/07/2017 Complaint Received Roger Peitso Complete Comments:Have not received any permits for installation of new septic system since point of sale March of 2016 09/20/2017 Complaint Inspection Roger Peitso Violation Found Comments:No permit issued for new septic system since point of sale 3/2016 violation of 58-77 & 58-75. Actual letter sent be fore implementation of Citizen Serve. Documents added to this file 12/01/2017 Re-inspection Roger Peitso Comments:No Re-inspection completed, no contact from propoerty owner. No permit issued. Forwarded to Prosecuting Attorney Talen. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ElAgent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of DellveT ■ Attach this card to the back of the mailpiece, or on the front if space permits. i D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below; D No James�i#legass _ 2465 French Lake Road 3. Service Type Wayzata, MN 55391 ®Certified Mail ❑Express Mail D Registered D Return Receipt for Mer@handise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) DYes 2. Article Number (Transfer from service label) 7 014 0 510 0001 6932 2740 PS Form 3811, February 2004 Domestic Return Receipt 10595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS 111111 Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Roger Peitson City of Orono P O Box 66 Crystal Bay, MN 55323