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Home My Public Portal AboutORD-CC-2005-10ORDINANCE #2005-10 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE SECTION 13.20.190 REGARDING CONNECTION TO THE CITY SEWER SYSTEM WHEREAS, the City of Moab has found that connection of properties within City limits to the city sewer system helps to minimize pollution of groundwater sources and provides for the financial sustainability of the City's investment in the city sewer infrastructure system; and WHEREAS, in order to promote these goals, Moab Municipal Code Section 13.20.190 requires a property to connect to the city sewer system if that property is within two hundred feet of the city sewer system; and WHEREAS, the City has an annexation plan that promotes the annexation of certain properties into City limits; and WHEREAS, the City of Moab may initiate annexation proceedings for properties outside City limits that are currently using septic systems and that may be within two hundred feet of the city sewer system; and WHEREAS, connection to the city sewer system by new annexed properties may be financially burdensome to properties with existing improvements and septic systems; and WHEREAS, the City wishes to encourage annexation of said properties without compromising ground water quality or the financial sustainability of the City's investment in the city sewer infrastructure system by allowing continuing use of existing septic systems for newly annexed properties that have entered into a pre -annexation agreement with the City. NOW, THEREFORE, BE IT ORDAINED by the City of Moab that Municipal Code Section 13.20.190 shall be amended to read as follows: 13.20.190 Connection with city sewer system required under certain conditions. Except as otherwise provided for in this Section, it is unlawful for the owner, his agent or any other person having charge of or occupying any property located within two hundred feet of any sewer main, as measured from the sewer main to the nearest boundary of the property to install, use, or permit to exist any onsite wastewater system, sewage holding tank, privy or other means of storing or disposing of wastewater on such on such property. The waterworks superintendent shall cause appropriate notice to be served upon the owner, agent, or occupant of such premises to disconnect the building sewer from any Ordinance #2005-10 Pagel of 1 such onsite system and to connect the building sewer therein to the city sewer system. It is unlawful for the building sewer on any premises within the area above described to remain unconnected to the city sewer system for more than ninety days after such sewer system is ready to receive connections therewith and after notice from the waterworks superintendent to connect therewith has been mailed to the user or owner of such premises. The City may approve an exception for connection to the sewer system if said exception is provided for in a duly approved pre -annexation agreement between the City and the owner of the property in question. The pre -annexation agreement shall provide for the initial and ongoing approval from the State of Utah for the construction and use of an existing onsite wastewater system for the property. In the event that appropriate notice is served upon persons violating the requirements of this section, and they fail or refuse to comply with the requirements of the same, they shall be prosecuted as provided for violations of this code and it shall be the duty of the city attorney to proceed forthwith with condemnation proceedings declaring the subject matter of such violation to be a nuisance; and to proceed forthwith with the filing of a complaint for the violation of this section. (Prior code §26-21) This Ordinance shall take effect immediately upon passage. !PASSED AND ADOPTED by action of the Governing Body of the City of Moab in open session this 20th day of DPremher, 2005. ATTEST: ctSei cq)mt Rachel Ellison David L. Sakrison Moab City Recorder Mayor of Moab City Ordinance #2005-10 Page2 of 2 ORDINANCE #200t-10 AN ORDINANCE AMENDING MOAB MUNICIPAL CODE SECTION 13.20.190 REGARDING CON- NECTION TO THE CITY SEWER SYSTEM WHEREAS, the City of Moab has found that connection of proper- ties within City limits to the city sewer system helps to minimize pol- lution of groundwater sources and provides for the financial sus- tainability of the City's investment in the city sewer infrastructure system; and WHEREAS, in order to promote these goals, Moab Municipal Code Section 13.20.190 re- quires a property to connect to the city sewer system if that property is within two hundred feet of the city sewer system; and WHEREAS, the City has an annexation plan that promotes the annexation of certain properties into City lim- its; and WHEREAS, the City of Moab may initiate annexation proceed- ings for properties out- side City limits that are currently using septic systems and that may be within two hundred feet of the city sewer system; and WHEREAS, connec- tion to the city sewer system by new an- nexed properties may be financially burden- some to properties with existing improvements and septic systems; and WHEREAS, the City wishes to encourage annexation of said properties without com- promising ground water quality or the financial sustainability of the City's investment in the city sewer infrastruc- ture system by allowing continuing use of exist- ing septic systems for newly annexed proper- ties that have entered into a pre -annexation agreement with the City. NOW,THEREFORE, BE IT ORDAINED by the City of Moab that Municipal Code Sec- tion 13.20.190 shall be amended to read as follows: 13.20.190 Connec- tion with city sewer system required under certain conditions. Except as otherwise provided for in this Sec- tion, it is unlawful for the owner, his agent or any other person having charge of or occupying any property located within two hun- dred feet of any sewer main, as measured from the sewer main to the nearest bound- ary of the property to install, use, or permit to exist any onsite wastewater system,I sewage holding tank,] privy or other means! of storing or disposing of wastewater on such property. The water -I works superintendent shall cause appropri-I ate notice to be served 1 upon the owner, agent, or occupant of such premises to disconnect the building sewer from any such onsite sys- tem and to connect the building sewer therein to the city sewer sys- tem. It is unlawful for the building sewer on any premises within the area above described to remain unconnect- ed to the city sewer system for more than ninety days after such sewer system is ready to receive connections therewith and after no- tice from the water- works superintendent to connect therewith has been mailed to the user or owner of such premises. The City may approve an exception for connection to the sewer system if said exception is provided for in a duly approved pre -annexation agree- ment between the City and the owner of the property in question. The pre -annexation agreement shall pro- vide for the initial and ongoing approval from the State of Utah for the construction and use of an existing onsite wastewater system for the property. In the event that appropriate notice is served upon persons violating the require- ments of this section, and they fail or refuse to comply with the requirements of the same, they shall be prosecuted as provided for violations of this code and it shall be the duty of the city attorney to proceed forthwith with condemnation pro- ceedings declaring the subject matter of such violation to be a nui- sance; and to proceed forthwith with the filing of a complaint for the violation of this section. (Prior code §26-21) This Ordinance shall take effect immediately upon passage. PASSED AND AD- OPTED by action of the Governing Body of the City of Moab in open session this 21st day of December, 2005. /s/David L. Sakrison Mayor of Moab City ATTEST: /s/Rachel Ellison Moab City Recorder Published in The Times -Independent, Moab, Utah Mar. 16, 2006. ,e• Proof of Publication STATE OF UTAH, County of Grand, ss. 1 Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice Ordinance 2006-10 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made mar . 16 , 2006 ;and the last on ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Co -Publisher Subscribed and sworn before me this Notary Public Residing at Moab, Utah My Commission Expir NOTARY PUBLIC SADIE WARNER 448/ Easy Street Moab, Utah 84532 My Commission Expires November 18. 2009 n••• • ••• A. f•T11