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ORDINANCE NO. 12-_ <br />CITY OF ELK RIVER <br />AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78, <br />ARTICLE I OF THE ELK RIVER CODE OF ORDINANCES TO ADD NEW DIVISION <br />1, PROVIDING FOR PAYMENT AND ASSESSMENT OF THE COSTS TO CONNECT <br />AND REPAIR PRIVATE UTILITY LINES <br />The City Council of the City of Elk River hereby ordains as follows: <br />Section 1. That Chapter 78, Article I of the City of Elk River Code of Ordinances shall be <br />amended to add new Division 1, which shall read as follows: <br />Division 1. <br />Payment and Assessment of Costs to Connect or Repair Private Utility Lines. <br />Section 78-1. Findin~of Public Health and Safety Hazard. <br />a) The City Council finds that failure to connect to the city water system as required by <br />section 78-21 of this code, failure to connect to the city sewer and sewage disposal <br />system as required by section 78-97(d) of this code, and failure to maintain in good, <br />operable condition private water and sanitary sewer utility lines, creates public health and <br />safety hazards on private property which must be eliminated. <br />b) In addition to the provisions of section 78-22 and section 78-97(d), which authorize the <br />city to make connections to the city water and sanitary sewer systems and to assess the <br />costs therefore to the affected property, and the provisions of chapter 46, article II of this <br />code, which declares defective sewage systems and plumbing a nuisance affecting the <br />public's safety and health and authorizes the City to abate such nuisances and to assess <br />the costs therefor to the affected properties, the City Council finds that it is necessary and <br />in the public interest to provide a mechanism for costs incurred by private property <br />owners to eliminate such public health and safety hazards on private property to be <br />assessed against the property as a special assessment. <br />Section 78-2. Petition Authorized. <br />Property owners who are required to connect to the city water and/or sanitary sewer <br />system pursuant to section 78-21 and section 78-97(d) of this code, or who have private water <br />and/or sanitary sewer lines which have failed, and such failure has been determined by City land <br />development staff to be a public health or safety hazard, may petition the City, on a form <br />provided by the City, to pay the costs to connect (including applicable water and sewer <br />connection charges) or repair the private utility lines and to assess amounts paid as a special <br />charge under Minnesota Statutes, Section 429.101. The City may accept or reject such petitions <br />