HomeMy Public PortalAbout211CITY OF MEDINA
ORDINANCE NO.c".2 / /
AN ORDINANCE RELATING TO AND REGULATING THE USE OF
AND ADMINISTRATION OF THE WATER AND SEWER SYSTEMS
IN THE CITY OF MEDINA
Establishment of Department
There is hereby established a Public Utilities Division of the Department of
Public Works of the City of Medina which shall be under the supervision of the
Director of Public Works. The water and sewer systems as they are now con-
stituted or shall hereafter be enlarged or extended shall be operated and
maintained under the provisions of this ordinance subject to the authority of
the City Council at any time to amend, alter, change or repeal the same. The
Public Utilities Division shall have responsibility for the management, main-
tenance, care and operation of the sewer and water systems of the City.
Applications, Permits and Fees
No person, firm or
system, sanitary sewer
plicati.on therefor on
issued by the City for
description of the property to served,
requested., and the size of the service line to be used. At
ing such application there shall be paid to the City Clerk fees
set by the City Council from time to time by resolution for the
poses:
corporation shall make any type of
connection to the water
system or storm sewer system except upon making an ap-
a form provided by the City and receiving a permit
such purposes. The application shall 'include the legal
be
the uses
for which
the
the
connection
time
of
:i s
ma k-
which shall
be
following pur-
A. No connection shall be made with respect to any sanitary sewer, water
system or storm sewer system serving the property of any person or oc-
cupants of the land, parcel or premises affected that have not paid or
provided for the payment of the full and proportionate share of the
said utilitites which share shall be payable as follows:
1. The City Council may establish water, sanitary sewer and storm sewer
districts and establish area charges, connection charges, lateral
charges and similar charges for each said district. No connection
shall be made to the City water or sewer system until the applicant
or owner pays the charge or charges noted above established by Coun-
cil resolution from time to time. These charges shall be in addi-
tion to any fees or charges required under subsections 2, 3 and 4.
2. For service to property to which service lines have not been previ-
ously run from the street laterals to the property line, the owner,
occupant or user shall pay into the City Treasury a service line
charge, the amount of which shall not be less than the City's cost
of making the necessary connections, taps, and installation of pipe
and appurtenances to provide service to the property and the neces-
sary street repairs, provided, however, with the approval of the
City, the owner or applicant shall have the right to contract di-
rectly with a licensed plumber for the installation and connection
of the service line.
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3. Prior to any connections the owner, occupant or user shall pay in
cash or agree to pay charges in the form of Special Assessments to
be levied against the property to be spread over a number of years
to be established by the City Council and maybe coincident with the
maturity requirements of any Special Improvement Bonds sold for the
purpose of financing the construction of sanitary sewer, municipal
water or storm sewer system serving the property. Said cash payment
or assessment charge shall be in the principal amount of not less
than the payments made by or charges placed against comparable prop-
erties for like services for such sanitary sewer, water or storm
sewer system in an amount as may be established by the City Coun-
cil. Payment to the City Treasury in the form of a Special Assess-
ment charge shall be in the form of equal annual installments to-
gether with interest on the unpaid balance, which shall be estab-
lished by Council resolution.
4. No connection shall be made to the sanitary sewer system until the
applicant or owner pays a Service Availability Charge (SAC) estab-
lished by the Metropolitan Waste Control Commission for the avail-
ability of treatment works and interceptors comprising the metropol-
itan disposal system.
B. Before proceeding with the construction, enlargement, alteration, re-
pair of any water or sewer lines connecting the water system, sanitary
sewer system or storm sewer system to any house or building, the owner
or his agent shall first obtain a permit for such purposes from the
municipality through its City Clerk.
The applicant shall pay to the City Clerk a permit fee the amount of
which shall be established from time to time by Council resolution.
The Plumbing Inspector shall examine all applications before construc-
tion is begun, and after the construction, enlargement, alteration or
repair is complete, the Plumbing Inspector shall be notified. it shall
be unlawful to cover any connecting line until an inspection has been
made and such connection and the work incident thereto has been ap-
proved by the City as a proper and suitable connection.
Connection to Systems
The owner of all buildings or properties used for human occupancy, employment,
recreation, or other purpose, situated within the City and abutting on any
street, alley or right-of-way in whcih there is now located a public sanitary
sewer of the City, is hereby required at the owner's expense to connect such
facility directly with the proper public sewer within 90 days after date of
official notice to do so.
Protection from Damage
No unauthorized person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance,
or equipment which is a part of the municipal water or sewage works. Any per-
son violating this provision shall be subject to the penalty provided by this
code.
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Delayed Connection Charge
Any owner of a residence or commercial building to which sewer service is or
becomes available shall be subject to an additional charge as established by
Council resolution from time to time upon connection to such service if such
connection is not made within the period of time which shall be established by
Council resolution aftersuch service becomes available.
Implied Consent to Rules, Regulations and Rates
Every person applying for water or sewer service, every owner of property for
which any such application is made, every person accepting water or sewer ser-
vice and every owner of property where such service is accepted subsequent to
the passage of this ordinance shall be deemed upon making such application or
accepting such service to consent to all rules, regulations and rates as estab-
lished by this ordinance and as may hereafter be set forth and adopted by the
City Council by resolution or ordinance.
Installation of Connections
All connections to the water system or sanitary sewer system shall be per-
formed by a plumber licensed to do plumbing in the City of Medina; except that
nothing in this ordinance shall be construed as to prohibit an individual own-
er from obtaining a permit to connect to an existing service line located
totally within the owner's property and installing such connection by his own
labor provided, however, that said constructin is conducted under the regula-
tions of this ordinance and all other City Ordinances and applicable Statutes
of the State of Minnesota and requirements of the City Engineer and City
Plumbing Inspector.
Liability for Repairs
After the initial connection has been made to the curb stop or the sewer lead
the applicant, owner or the occupant or user of such premises shall be liable
for all repairs required to any water line or any sanitary or storm sewer
lines necessary for connection of the premises to the street main, including
any repairs necessary to the curb stop box and any necessary street repairs;
it shall be the responsibility of the applicant, owner, occupant or user to
maintain the stop box at such height as will insure that it remains at the
finished grade of the land or property.
Leak in Service Line
Any owner, occupant or user of a premises who shall discover a leak in a ser-
vice line to the premises shall notify the City Office within twenty-four (24)
hours. Any water wasted due to failure of such person to comly with this reg-
ulation shall be estimated by the City Clerk and be charged for against the
owner at such premises at the established rate.
City not Liable
The City shall not be held liable at any time for any deficiency or failure in
the supply of water to the customer whether the same be occasioned by shutting
off the water for repairs or connections or for any cause whatever.
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Emergency Regulations
The City Council may impose emergency regulations pertaining to the conserva-
tion of water by resolution of the City Council and by giving notice by pub-
lication or by posting in the City Hall and at such public places as the Coun-
cil may direct.
Whenever. the City Council determines that a shortage of water supply threatens
the City, it may, by resolution, limit the times and hours during which City
water may be used for sprinkling, irrigation, car washing, and other external
purposes. After publication of a Notice setting forth the restrictions for
use of water for said purposes, no person shall use or permit water to be used
in violation of the resolution and any customer who does so, shall be charge
such sum as established by resolution for each day of violation and the charge
shall be added to the customer's next water bill. Continued violation shall
be cause for discontinuance of water service.
Right to Enter Land
The City of Medina by any authorized employee or agent shall have the right to
enter and be admitted to any lands and property in the City at any reasonable
hour for the purpose of inspection of materials, plumbing work and fixtures of
all kinds used by or in connection with the water and sewer systems.
Private Water not Permitted in City System
Whenever any premises are connected to the City water system, there shall be
maintained a complete physical separation between the City water supply system
and the private water supply system so that it is impossible to intentionally
or unintentionally allow any water produced by a private system to be intro-
duced in the supply line from the City system.
Storm Water not Permitted in Sanitary Sewer System
It shall be unlawful for any owner, occupant or user of any premises to direct
into or allow any storm water, surface water, ground water, well water or
water from air conditioning systems to drain into the sanitary sewer system of
the City of Medina. No rain spout, or other form of surface drainage and no
foundation drainage or sump pump shall be connected or discharged into any
sanitary sewer.
Prohibited Wastes into Sanitary Sewer System
A. Waste Discharge Regulations:
No person, firm or corporation shall discharge any waste, or cause or al-
low any waste to be discharged into the sanitary sewer system unless in
accordance with the following regulations:
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1. Treatment of Prohibited Waste
Where it is determined that any waste discharged or to be discharged
has certain characteristics or elements which are or may be harmful to
the structures, processes or operation of the sanitary sewer system or
persons operating it, such discharge shall be discontinued or that the
waste shall be treated prior to its discharge into the system in a man-
ner which will eliminate such characteristics or elements.
2. Limitations on Discharge
No person, firm or corporation shall discharge or cause, or allow to be
discharged into the sanitary sewer system any waste containing con-
centrations in excess of the following:
Pollutant Limitation
(Maximum for any operating day)
Cadmium 2.0 mg/1
Chromium, total 8.0 mg/1
Copper 6.0 mg/1
Cyanide, total 4.0 mg/1
Lead 1.0 mg/1
Mercury 0.1 mg/1
Nickel 6.0 mg/1
Zinc 8.0 mg/1
Temperature 65°C (150°F)
pH 5.0 - 10.0
3. Exclusion of Wastes
No person, firm or corporation shall discharge or cause or allow to be
discharged into the sanitary sewer system any waste which contains any
of the following:
a. More than one hundred (100) mg/1 of fats, wax, grease or oils (hex-
ane soluble), whether emulsified or not, or containing substances
which may solidify or become viscous at temperatures between 320
and 150° F (0° and 65°C) at the point of discharge into the
sewer system.
b. Liquids, solids, or gases which by reason of their nature or quanti-
ty are or may be sufficient to cause fire or explosion or be injuri-
ous in any other way to the sanitary sewer system or to the opera-
tion of the system. At no time shall two (2) successive readings on
an exploaimeter, at the point of discharge into the sewer system, be
more than five percent (5%) nor any single reading over ten percent
(10%) of the Lower Explosive Limit (L.E.L.).
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c. Any noxious or malodorous solids, liquids or gases, which either
singly or by interaction with other wastes, are capable of creating
a public nuisance or hazard to like, or are or may be sufficient to
prevent entry into a sewer for its maintenance and repair.
d. Any toxic substance, chemical elements or compounds in quantities
sufficient to interfere with the biological processes of efficiency
of treatment works, or that will pass through a treatment works and
cause the effluent therefrom or the water into which it is dis-
charged, to fail to meet applicable State or Federal Standards.
e. Garbage that has not been ground or comminuted to such a degree that
all particles will be carried freely in suspension under flow condi-
tions normally prevailing in public sewers, with no particle greater
than one-half inch (1/2") in any dimension.
f. Radioactive wastes or isotopes or such half-life of concentrations
that they are in noncompliance with present or future regulations
issued by the appropriate authority having control over their use
and which will or may cause damage or hazards to the system or per-
sonnel operating it.
g•
Solids or viscous wastes which will or may cause obstruction to the
flow in a sewer, or other interference with the proper operation of
and disposal system, such as grease, uncomminuted gargage, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, en-
trails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clip-
pings, rags, spent grains, spent hops, waste paper, wood, plastic,
gas tar, asphalt, residues from refining or processing of fuel or
lubricating oil, gasoline, naphtha, and similar substances.
h. Any waste from septic tanks or similar facilities.
i. Any mineral acids, waste acid pickling or plating liquors from the
pickling or plating of iron, steel, brass, copper or chromium, or
any other dissolved or solid substances which will or may endanger
health or safety, or attack or corrode any part of the sanitary
sewer system.
j. Liquids or vapors having a temperature higher than 150° F immedi-
ately prior to discharge into the sewer system.
k. Phenols or other taste - or odor -producing substances in concentra-
tions which will or may cause the effluent from the treatment works
or the water into which it is discharged to fail to meet applicable
State or Federal standards.
1. Materials which exert or cause:
1) Unusually high concentrations of inert suspended solids or
of dissolved solids.
2) Excessive discoloration.
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3) Unusually high volume of flow or concentration of waste ex-
ceeding five (5) times the average daily concentration of
flow during normal operation.
m. Unusually high concentrations of suspended solids, BOD, COD, or
chlorine requirements, in such quantities as to constitute a signif-
icant load on the treatment works.
n. Any substance which is not amenable to treatment or reduction by the
type of sewage treatment processes employed to a degree sufficient
to permit the effluent from the treatment works and the water into
which it is discharged to meet applicable State and Federal stand-
ards.
Water Meter Regulations
A. Before any water conveyed through the municipal water system shall e
used or utilized on the land or premises of any person, firm or corpor-
ation, there shall first be installed a water meter that will accurate-
ly measure the water consumed on the premises, except and unless, such
installation shall be exempted by the City.
B. All applications for the installation, maintenance and repair of water
meters shall be made to the City Clerk, who shall proceed to comply
with such application within a reasonable time thereafter. A11 meters
installed shall be furnished by the City and shall remain the property
of the City of Medina. Regulations for the cost of furnishing and use
of water meters shall be established by Council resolution.
C. No person, firm or corporation other than the City of Medina or its de-
signee, shall install, maintain or repair any water meter within the
City limits. Every water meter connected to the water system shall be
sealed by or under the direction of the City clerk or City Department
of Public Works and no person, firm or corporation shall break or re-
move such seal; provided, however, that a plumber licensed to do bus-
iness in the City of Medina may break such seal or remove such meter
for necessary repairs, in all cases where a seal is broken or a meter
is removed by a licensed plumber, such plumber shall notify the City
Clerk of the fact within twenty-four (24) hours after the seal is brok-
en or the meter is removed. Whenever any seal attached to a water
meter by or under the direction of the City Clerk or City Department of
Public Works is found broken, the broken condition of such seal shall
be a prima facie evidence that such seal was broken contrary to the
terms and provisions in violation of this ordinance.
D. All water meters connected to the water system shall be accessable to
the City Clerk or City Department of Public Works or designee at any
reasonable hour of any business day and the refusal of admission by any
owner or occupant of any premises wherein a water meter is installed
after such owner or occupant has been notified that admission is de-
sired for the purpose of inspecting a water meter installed in said
premises shall constitute a violation of this ordinance.
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E. Water meters shall be repaired or replaced from time to time as is
necessary to insure accurate measuring of the flow of water. The cost
of said repair or replacement shall be borne by the City except that
whenever a meter has been damaged due to negligence on the part of per-
sons other than the employees of the City, the owner, occupant or user
of the premises or such other person desiring the use of the water
shall reimburse the City for the expense of repairing or replacing any
such meter. Upon failure to reimburse the City within a reasonable
time and upon demand therefore, the water service and supply to said
premises may be shut off or discontinued as determined to be in the
best interest of the City.
F. It shall be unlawful for any person to tamper with, alter, by-pass or
in any manner whatsoever interfere with the proper use and functioning
of any water meter within the City.
C. If a meter fails to register or accurately measure the water, the
charge for water consumed shall be paid for at the established rate
based upon past average billings as determined by the City Clerk.
H. Whenever a water user questions the accuracy of the meter, and desires
that his meter be tested, he shall pay a fee the amount of which shall
be established from time to time by Council resolution, if the meter
tests accurate within a range of minus 3 percent to plus 11 percent.
If it is not accurate within this range, no charge will be made for
testing and an adjustment on the water bill will be made for the period
of time that the meter is assumed to be inaccurate, not to exceed two
(2) billing periods.
Purchased Water not Entering Sewer System
If the lot, parcel of land, or premises discharges sewage or industrial waste
into the sanitary sewage system, either directly of indirectly, and it can be
shown to the satisfaction of the City Council that a portion of the water mea-
sured by the water meter does not and cannot enter the sanitary sewage system,
then, and in that event, the City Council may permit or require the installa-
tion of other or additional meters in such a manner that the quantity of water
which actually could enter the sewer system may be determined. In such case
the charges or rates shall be based upon the amount of water which can enter
the sanitary sewage system.
Meter Readings
A. The City Council may provide a system of water meter reading by post
card, meter person, or any other method deemed suitable to the purpose
by the Council. The Council may also establish billing areas or dis-
tricts and provide for the reading of meters and billing charges by
calendar quarters or monthly or such periodic intervals as the City
Council shall determine suitable and necessary from time to time by
resolution; provided, however, where meter reading is done by post card
the City Council may establish a penalty for failure to return water
meter reading card within the time designated on said card by Council
resolution.
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'1
B. The City reserves the right to discontinue service to any customer of
the water and sanitary sewer system without notice when necessary for
repairs, additional connection or reconnection.
The City reserves the right to discontinue service to any customer of
the water and sanitary sewer system with notice as hereinafter provided
for non-payment of charges or bills or for disregard of any rules or
regulations in connection with the use or operation of said system.
The service of water or sanitary sewer shall not be shut off until
notice and an opportunity for a hearing have first been given to the
occupant and owner of the premises involved. The notice shall be per-
sonally served and shall state that, if payment is not made before the
date stated in the notice, but not less than ten days after the date
upon which the notice is given, the water supply to the premises will
be shut off. The notice shall also state that the occupant may, before
such date, demand a hearing before the City Council, in which case the
supply will not be shut off until after the hearing is held. If, as a
result of the hearing, the City Council finds that the amount claimed
owing is actually due and unpaid and that there is no legal reason why
the water supply of the delinquent customer may not be shut off in ac-
cordance with the ordinance, the City may then shut off the supply.
Whenever any service has been discontinued for non-payment of charges
or bills or for disregard of any rules or regulations in accordance
with the procedures set forth above, it shall not be resumed except
upon payment of the charges or bills accrued together with interest
thereon, at a rate to be determined by Council resolution from time to
time or compliance with the rules and regulations previously violated
and payment to the City of restoration fee, the amount of which shall
be set by the City Council from time to time by resolution.
Billing Regulations
The City Council shall have the authority to prescribe by resolution the rates
to be charged for water and sewer service to the customer from time to time
and may prescribe the date of billing, a discount for payment within a pre-
scribed period and/or penalty for failure to pay within such period and such
further rules and regulations relative to the use and operation or such sys-
tems as it may deem necessary from time to time. A11 accounts shall be car-
ried in the name of the owner who shall personally, or by his authorized
agent, apply for such service. The owner shall be liable for water supplies
to his property whether he is occupying the property or not and any unpaid
charges shall be a :lien upon the property.
Establishment of Tax Lien
In the event a water or sewer bill, whether incurred prior or subsequent to
the passage of this ordinance, is unpaid after the due date as established by
Council resolution from time to time, the bill shall be considered delinquent
and the service may be discontinued as provided above and the City Council may
cause the charges noted in such billing to become a lien against the property
served by certifying to the County Auditor the amount of said delinquent bill
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in accordance with the statutes of the State of Minnesota. Such action is op-
tional and may be subsequent to taking legal action to collect delinquent ac-
counts.
Separability of Sections
In the event any provision of this ordinance shall be held invalid or unen-
forceable by any court of competent jurisdiction, such holding shall not in-
validate or render unenforceable any other provision hereof.
Penalty Provision
Any person who shall do or commit any act that is forbidden by the provisions
of this ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be subject to the applicable penalties therefore.
Effective Date
This ordinance shall be in full force and effect from and after its passage
and publication according to law.
Adopted by the Council of the City of Medina t
Clerk -Treasurer
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or
1984.
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