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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE )
<br />Charlene Vold being duly sworn on an oath,
<br />states or affirms that they are the Authorized
<br />Agent of the newspaper(s) known as:
<br />Star News
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn_ Stat. §331A.02, §331A.07, and
<br />other applicable laws as amended.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) for I succes-
<br />sive issues; the first insertion being on
<br />03/14/2015 and the last insertion being on
<br />0311412015.
<br />By:
<br />Authorized Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 0311412015.
<br />Notary Public
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<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space:
<br />$23.00 per column inch
<br />Ad ID 359984
<br />CITY OF ELK RIVER
<br />ORDINANCE 15 - 07
<br />AN ORDINANCE AMENDING
<br />SECTION, 78 -1, "FINDING OF
<br />PUBLIC HEALTH AND SAFETY
<br />HAZARD," 78 -101, "PRIVATE
<br />SEWAGE DISPOSAL SYSTEMS,"
<br />AND 78 -125, "FILLING OF
<br />UNUSED SEPTIC TANKS AND
<br />SIMILAR DEVICES" OF THE CITY
<br />OF ELK RIVER, MINNESOTA,
<br />CITY CODE, TO INCORPORATE
<br />THE SHERBURNE COUNTY
<br />SUBSURFACE SEWAGE
<br />TREATMENT SYSTEM PROGRAM
<br />An Ordinance Amending Sec-
<br />tion, 78-1, "Finding of public health
<br />and safety hazard," 78 -101, "Pri-
<br />vate sewage disposal systems,"
<br />and 78 -125, "Filling of unused sep-
<br />tic tanks and similar devices" of the
<br />City of Elk River, Minnesota, City
<br />Code, to incorporate the Sherburne
<br />County Subsurface Sewage Treat-
<br />ment System Program
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § 78 -1(b),
<br />"Finding of public health and
<br />safety hazard" of the City of Elk
<br />River Code of Ordinances, shall be
<br />amended to read as follows:
<br />(b) In addition to the provisions
<br />of section 78 -22 and subsection
<br />78- 97(d), which authorize the city
<br />to make connections to the city
<br />water and sanitary sewer systems
<br />and to assess the costs therefore
<br />to the affected property, and the
<br />provisions of Sherburne County
<br />Zoning Ordinance 17.5 and chap-
<br />ter 46, article 11 of this Code, which
<br />declares defective sewage systems
<br />and plumbing a nuisance affecting
<br />the public's safety and health and
<br />authorizes the city to abate such
<br />nuisances and to assess the costs
<br />therefor to the affected properties,
<br />the city council finds that it is nec-
<br />essary and in the public interest to
<br />provide a mechanism for costs in-
<br />curred by private property owners
<br />to eliminate such public health and
<br />safety hazards on private property
<br />to be assessed against the prop-
<br />erty as a special assessment.
<br />SECTION 2_ That § 78 -101, "Pri-
<br />vate sewage disposal systems" of
<br />the City of Elk River Code of Ordi-
<br />nances shall be amended to read
<br />as follows:
<br />(a) Application, Administration,
<br />and Enforcement. The application,
<br />administration, and enforcement of
<br />private sewage disposal systems
<br />shall be in accordance with Sher-
<br />burne County Zoning Ordinance,
<br />Section 17.5, entitled "Subsurface
<br />Sewage Treatment System Pro-
<br />gram", which contains additional
<br />requirements by the MPCA and
<br />State Department of Health.
<br />(b) Additional Restrictions and
<br />Setbacks. Additional restrictions
<br />and setbacks occur under Chapter
<br />30 of this code.
<br />(b) Permit. Prior to commence-
<br />ment of construction of a private
<br />wastewater disposal system, the
<br />owner shall first obtain a written
<br />permit signed by the building and
<br />zoning administrator. The applica-
<br />tion for such permit shall be made
<br />on a form furnished by the city
<br />which the applicant shall supple-
<br />ment by any plans, specifica-
<br />tions, and other information as are
<br />deemed necessary by the city.
<br />(c) Inspection. Operation of a
<br />private wastewater disposal sys-
<br />tem shall not be allowed until the
<br />installation is completed to the
<br />satisfaction of the city or its autho-
<br />rized representative. The city or its
<br />representative shall be allowed to
<br />inspect the work at any stage of
<br />construction and, in any event, the
<br />applicant for the permit shall notify
<br />the city when work is ready for final
<br />inspection, and before any under-
<br />ground portions are covered. The
<br />inspection shall be made within 48
<br />hours of receipt of notice, if reason-
<br />ably practicable.
<br />(d) Discontinuance of use and
<br />connection to public sewer. At such
<br />time as a public sewer becomes
<br />available to a property serviced
<br />by a private wastewater disposal
<br />system, a direct connection shall
<br />be made to the public sewer in ac-
<br />cordance with subsections 78 -97
<br />and 78 -98 of this code. Discontinu-
<br />ance of use of a private wastewater
<br />disposal system shall comply with
<br />Sherburne County Zoning Ordi-
<br />nance 17.5.
<br />SECTION 3. That § 78 -125,
<br />"Filling of unused septic tanks and
<br />similar devices" of the City of Elk
<br />River Code of Ordinances shall be
<br />deleted.
<br />SECTION 4. That this ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
<br />Passed and adopted by the City
<br />Council of the City of Elk River this
<br />17th day of February, 2015.
<br />John J. Dietz, Mayor
<br />ATTEST:
<br />Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />March 14, 2015
<br />359984
<br />
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