Loading...
HomeMy WebLinkAboutCity Council Ordinance 1989-01Ordinance No. $7-01 AN ORDINANCE RELATING TO PUBLIC HEALTH AND WELFARE; AMENDING SECTION 715.01 OF THE PLYMOUTH CITY CODE AND ADDING A NEW SUBSECTION TO SECTION 715 OF THE CODE. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code, Subsection 715.01, subdivi- sion 2, is amended by adding a new clause to read: (c) "Surface water" means storm water, ground water, roof runoff water, or subsurface drainage water. Sec. 2. Plymouth City Code, Section 715, is amended by adding a new subsection to read: Section 715.13. Surface Water Surcharge. Subdivision 1. Recitals. The City Council finds that the unauthorized discharge of surface water into the sanitary sewer system causes a financial burden on the operation of the system. Such discharge creates higher peak flows, which can result in backups of the sanitary sewer system. Such discharge also causes increased operation and maintenance costs and requires increased capital expenditure because of the need to construct larger sewer treatment facilities to accommodate the increased water. Users of the sanitary sewer service who discharge surface water into the sanitary sewer system should bear the additional costs resulting from that discharge. Subd. 2. Establishment of Surface Water Sur- charge. For the purpose of recovering the in- creased cost to the City caused by the discharge of surface water into the sanitary sewer system, there is established, in addition to the sewer charges set forth in this section, a surface water surcharge. Subd. 3 Procedure for Establishing Surcharge. Prior to a surface water surcharge being imposed on a user, the City Manager shall determine whether the user is discharging surface water into the sanitary sewer system. If the City Manager finds that a user is discharging surface water into the sanitary sewer system, the City Manager shall notify the user by mail of the City's intent to impose the surcharge. The notice shall inform the user of the amount of the proposed surcharge. Within 14 days after the mailing of the notice, the user may request, in writing, an inspection of the property by the City. Upon receipt of the request, the City Manager shall have the pro2erty inspected to determine if surface water is being discharged into the sanitary sewer system. If (i) the inspection reveals that no surface water is being discharged into the sanitary sewer system and (ii) the user signs a written statement stating that the user will not change, alter, modify or reconfigure the property in such a way as to discharge surface water into the sanitary sewer system, no surcharge will be imposed. Subd. 4. Right of Appeal. After the inspection has been completed, the City Manager shall notify the user in writing of the decision on whether to impose the surcharge. Within ten days after the mailing of the notice, a user may file a written objection with the City Manager and request an appeal to the City Council. The failure to file such an appeal is a waiver of the right of appeal. The surface water surcharge may not be imposed on the user until the City Council. has acted on the appeal. Subd. 5. Subsequent Inspections. After the surface water surcharge has been imposed, a user may request an inspection of the property by the City. Upon receipt of the request, the City Manager shall have the property inspected to determine if surface water is being discharged into the sanitary sewer system. If (i) the inspection reveals that no surface water is being discharged into the sanitary sewer system and (ii) the user signs a written statement stating that the user will not change, alter, modify or recon- figure the property in such a way as to discharge surface water into the sanitary sewer system the surcharge will be cancelled as of a date specified by the Manager. Subd. 6. Amount of Surcharge. The amount of the surcharge is determined annually by the City Council and is based on the amount of the increased sewage treatment cost to the City caused by the discharge of surface water into the sanitary sewer system. Subd. 7. Billing. A surcharge imposed under this section is included in the billing for service charges for the month in which it is imposed and 2 FM 1 the surcharge is Sec. 3. This ordinance is effective on the date of its publication in accordance with Subsection 110.11. Attest: ��1�-zci U12ce�zc.-�iL6� Cl 6rk 00660803.134 Published: Plymouth Post 1-19-89. 3 a,� Mayor I