4.1. ERMUSR 12-17-2019 - Laserfiche WebLink

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ORDINANCE NO. 12- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78, ARTICLE I OF THE ELK RIVER CODE OF ORDINANCES TO ADD NEW DIVISION 1, PROVIDING FOR PAYMENT AND ASSESSMENT OF THE COSTS TO REPAIR PRIVATE UTILITY LINES The City Council of the City of Elk River hereby ordains as follows: Section 1. That Chapter 78, Article I of the City of Elk River Code of Ordinances shall be amended to add new Division 1, which shall read as follows: Division 1. Payment and Assessment of Costs to Repair Private Utility Lines. Section 78-1. Finding of Public Health and Safety Hazard. a)The City Council finds that failure to maintain in good, operable condition private water andsanitary sewer utility lines creates public health and safety hazards on private property which must be eliminated. b)In addition to the provisions of chapter 46, article II of this code, which declares defective sewage systems and plumbin 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 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 repair the private utility lines and to assess amounts paid as a special charge under Minnesota Statutes, Section 429.101. The City may accept or reject such petitions in its sole discretion, and may impose such conditions and requirements to acceptance as it deems appropriate. Section 78-3. Work to be Completed by Property Owner. If a petition to pay and assess the costs of repair is accepted by the City, installation of the required repairs to private utility lines on private property shall be the responsibility of the 371