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ORDINANCE N0.12- <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 REPAIR <br />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 Repair Private Utility Lines. <br />Section 78-1. Finding of Public Health and Safety Hazard. <br />a) The City Council finds that failure to maintain in good, operable condition private water <br />and sanitary sewer utility lines creates public health and safety hazards on private <br />property which must be eliminated. <br />b) In addition to the provisions of chapter 46, article II of this code, which declares <br />defective sewage systems and plumbing a nuisance affecting the public's safety and <br />health and authorizes the City to abate such nuisances and to assess the costs therefor to <br />the affected properties, the City Council finds that it is necessary and in the public <br />interest to provide a mechanism for costs incurred by private property owners to <br />eliminate such public health and safety hazards on private property to be assessed against <br />the property as a special assessment. <br />Section 78-2. Petition Authorized. <br />Property owners who have private water and/or sanitary sewer lines which have failed, <br />and such failure has been determined by City land development staff to be a public health or <br />safety hazard, may petition the City, on a form provided by the City, to pay the costs to repair the <br />private utility lines and to assess amounts paid as a special charge under Minnesota Statutes, <br />Section 429.101. The City may accept or reject such petitions in its sole discretion, and may <br />impose such conditions and requirements to acceptance as it deems appropriate. <br />Section 78-3. Work to be Completed by Property Owner. <br />If a petition to pay and assess the costs of repair is accepted by the City, installation of <br />the required repairs to private utility lines on private property shall be the responsibility of the <br />