HomeMy WebLinkAboutOrd #247 - 3rd Ser/Amending Municipal Code related inspections of sanitary sewer service connections ORDINANCE NO. an THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE amending Orono Municipal Code Sections 14-166 and 14-
189 and adding Sections 14-190, 14-191, and 14-192 related to inspections of
sanitary sewer service connections.
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Orono Municipal Code Section 14.166is hereby amended by adding the
following definitions:
I&I: Inflow and Infiltration
Infiltration: An indirect connection or discharge of clear water into the sanitary sewer
system.
Inflow: Any direct connection of clear water into the sanitary sewer system.
Sewer Service Lateral or Service Lateral: The portion of the sanitary sewer system that
generally is perpendicular to the sewer main and extends from the sewer main to the structure
being served.
SECTION 2. Orono Municipal Code Section 14-189 is hereby amended by adding the
underlined language and deleting the strikethrough language as follows:
Sec. 14-189. - Prohibited discharges of groundwater/stormwater into the sanitary sewerage system.
(a) No person shall discharge or cause to be discharged,directly or indirectly,any stormwater,
surface water,groundwater,roof runoff, subsurface drainage or cooling water to any sanitary
sewer. Any person having a roof drain, sump pump,unauthorized swimming pool discharge,
cistern overflow pipe or surface drain connected and/or discharging into the sanitary sewer
shall disconnect and remove any piping or system conveying such water to the sanitary
sewerage system.
(b) Inspection. Every person owning improved real estate that discharges into the city's sanitary
sewerage system shall allow inspection by authorized city employees or its agents of all
properties or structures connected to the sanitary sewerage system to confirm there is no
sump pump or other prohibited discharge into the sanitary sewerage system.
(1) In lieu of authorizing a city inspection of the property, the property owner may furnish a
certificate from a licensed plumber, in a form acceptable and provided by the city,
certifying that the property has no prohibited discharge in the municipal sanitary sewer
system. All inspections and inspection reports must include a date-stamped video record
of the complete lateral line from the property to sewer main. All inspections must be
performed and reports completed in accordance with City standards and specifications
within 60 days of written notification of the inspection requirement. Once a sewer service
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line is televised and the line is deemed to be in good working order by the public works
department, the line does not need to be re-televised for 10 years.
(2) Connection and Disconnection Permit Inspections. Any property owner or consumer
applying for a sewer connection or disconnection permit from the City shall agree to an
inspection of the structure's sump pump, footing or foundation drain discharge and
sanitary sewer service lateral for compliance with this Code. No permanent occupancy
for a new structure shall be issued without a certificate of I&I compliance. These
inspections must be completed by a city inspector.
(c) Any owner of any property found to be in violation of this section shall make the necessary
changes to comply with this division, and such change shall be verified by authorized city
employees or agents. Any property or structure not inspected or not in compliance shall,
following notification from the city, comply within 4-4 90 calendar days or be subject to the
surcharge as provided in subsection (f) of this section.
(d) Existing buildings with sump pumps and all newly constructed buildings with sumps shall
have a discharge pipe installed to the outside wall of the building. The pipe attachment must
be of rigid permanent-type plumbing, such as PVC, copper or galvanized pipe. The discharge
shall extend outside of the foundation and may not be pumped directly onto any public right-
of-way unless approved by the public service director or his designee. Any disconnects or
openings in the sanitary sewer shall be closed and repaired in compliance with applicable
codes.
(e) Upon verified compliance with this division, the city reserves the right to reinspect such
property or structure or require the property owner to provide a certificate of compliance from
a licensed plumber in a form acceptable to the city . . . .. . . -•-
compliance. Any property found not to be in compliance upon reinspection by the city shall,
following notification from the city, comply within 4-4 90 calendar days or be subject to the
surcharge provided for in subsection (f) of this section.
(f) A surcharge set by the annual fee schedule adopted by the city council is imposed and shall
be added to every utility billing to properties not in compliance with this division.The surcharge
shall be added to every quarterly utility billing until the property is in compliance as determined
by the city. If the surcharge is not paid in a timely manner, the delinquent payments may be
certified for collection with the following years' property taxes.
(g) The city council administrator, upon recommendation of the city administrator and the city
engineer, shall hear and decide requests for temporary waivers from the provisions of this
division where strict enforcement would cause a threat to public safety because of
circumstances unique to the individual property under consideration. Any request for a
temporary waiver shall be submitted to the city administrator in writing within 44 30 calendar
days of notification of noncompliance. Upon approval of a temporary waiver from the
provisions of this division, the property owner shall agree to pay an additional fee for sanitary
sewerage services based on the number of gallons discharged into the sanitary sewerage system
as estimated by the city engineer.
(h) If a City drain tile or storm sewer system is available to the property, Stormwater and all
other unpolluted discharges may be connected to it shall be discharged to such drainage
facilities as are specifically designated subject to approval by the city engineer. If a public
system is not available, these discharges must be accommodated on the owner's property.
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(i) The imposition of the surcharge shall not limit the right of the city to seek an injunction in
district court ordering the person to disconnect the nonconforming connection to the sanitary
sewer or from pursuing any other legal remedies available; or in the alternative, the city may
correct the violation and certify the costs of correction as an assessment against the property on
which the correction was made.
SECTION 3. Orono Municipal Code Chapter 14 is hereby amended by adding Section
14-190 as follows:
Sec. 14-190. —Point of Sale Certificate of Inflow and Infiltration Compliance.
(a) Required. No person shall sell, give or transact a change in title or property ownership of
real property with one or more buildings or structures that is served by municipal sanitary
sewer, without first obtaining a certificate of inflow and infiltration (I&I) compliance from
the City
(b) Inspection. The applicant for a certificate of I&I compliance is responsible for
providing and inspection of the property after making application and payment of fees.
The inspection shall be made by the City to determine whether the property is in
accordance with city sanitary sewer regulations as provided in section 14-189. The
inspection will also look for potential illicit discharges into the stormwater system as
defined in Sec 14-305.
(1) A certificate of compliance shall be issued by the City upon successful
completion of an inspection. A certificate of compliance shall be valid for 10 years.
(2) In lieu of authorizing a city inspection of the property, the inspection requirement
may be met by having the property owner contract with a licensed plumber to perform the
inspection. The plumber must inspect the property's sump pump, sewer service lateral, and
groundwater drainage system, and upon completion, return an inspection form provided by
the City documenting the results of the inspection. The date-stamped video record shall be
submitted to the City and reviewed and approved by the City for assessment of compliance
with this section. All costs associated with an inspection by a privately retained plumber
shall be the responsibility of the property owner.
(c) Compliance
(1) Upon inspection, when the property use is in accordance with City sanitary sewer
services regulations, a certificate of I&I compliance will be issued by the City.
(2) A certificate of I&I compliance is valid to be used for the transfer of property.
(d) Corrections. Upon notice that the discharge of clear water on a property is not in
compliance with this, the owner or occupant of the property shall cease from discharging
clear water in violation of this division and shall make the necessary repairs and corrections
to discharge the clear water in accordance with this division.
(1) Discharge of clear water in compliance with this shall be completed within 90 days
of the date of notice of noncompliance, or as determined by the public works director.
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(2) If an inspection discloses that use of a property is not in accordance with City sanitary
sewer service regulations, a correction notice may be issued by the City permitting the
transfer of property, providing;
(i) An agreement by the new owner or new owner's representative has been executed
with the City, whereby the new owner or new owner's representative agrees to
complete corrections to the property necessary to bring it within compliance of the City
sanitary sewer service regulations within 180 days of the transfer of property.
(ii) The seller shall provide proof to the city that funds were placed in an escrow
account at closing to cover the required repairs. The security shall be placed in an
escrow with a licensed real estate closer, licensed attorney-at-law or a federal or
state chartered financial institution. The amount escrowed shall be equal to 110
percent of a written estimate to install or line the service line by a licensed and
certified installer. After a complying service line has been installed or lined and a
certificate of compliance issued, the City of Orono shall provide the escrow agent a
copy of the certificate of compliance. This escrow requirement may be waived if
the property contains a principle structure that will be demolished and the
agreement referenced in paragraph (i) above includes an acknowledgment by the
new owner that the demolition and reconstruction will result in the requirement for
a new sanitary sewer service line.
(iii) The owner (or transferor) or owner's representative involved in the transaction
are responsible for disclosing the correction notice to the transferee and all other
persons or entities involved in the transaction. The responsibility for repairing any
nonconformance with the sanitary sewer service regulations runs with the land and
not only rests with the owner or transferor but is also an obligation of the transferee
of the property. If repairs are not completed within one year of the first inspection,
the inspection becomes invalid and the process starts again, which includes paying
the applicable inspection fee.
(e) Penalties. A monthly surcharge in an amount duly adopted by the City Council and set
forth in the City's fee schedule shall be assessed against any property found to be in
violation of this section. A surcharge will be assessed for every month during which the
property is not in compliance. This charge shall cease when the property has been inspected
and acceptable certification of compliance is submitted to the City.
SECTION 4. Orono Municipal Code Chapter 14 is hereby amended by adding Section 14-
191 as follows:
Sec. 14-191. - Appeals.
Application for appeal of any administrative determination made pursuant to this division
shall be addressed to the city administrator within 30 days of the determination. Applications shall
at a minimum identify the property for the appeal sought, the name of the property owner, and
describe in detail the determination which is being appealed. Within 60 days of receipt of the
application, the City Council shall make its decision on the matter and send a written copy of such
decision to the property owner by mail.
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SECTION 5. Orono Municipal Code Chapter 14 is hereby amended by adding Section 14-
192 as follows:
Sec. 14-192. - Severability and Validity.
The provisions of this division are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this division or the application thereof to any person,
establishment, or circumstances be declared by a court of competent jurisdiction to be invalid,
such invalidity shall not affect the validity of other provisions or application of this ordinance.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect on January Pt 2021.
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ADOPTED this 8th day of June, 2020 on a vote of `i ayes and 0 nays by the City Council
of Orono, Minnesota.
NQEC2 )--7
ATTEST: Denis Walsh, Mayor
arrigM—
Anna Carlson, City Clerk
Ordinance published in The Laker and The Pioneer newspapers the week of 165. 2020.
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