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