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ORDINANCE NO. 12-18 • CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTIONS 78-21 AND 78-97 OF THE ELK RIVER CODE OF ORDINANCES, REQUIRING CONNECTION TO THE PUBLIC WATER UTILITY AND THE PUBLIC SANITARY SEWER SYSTEM The City Council of the City of Elk River hereby ordains as follows: Section 1. That Section 78-21 of the City of Elk River Code of Ordinances shall be amended to read as follows: (1) All buildings connected to the water utility shall remain connected to the water utility for so long as the building is occupied or used for any purpose. (2) All buildings constructed on property to which water utility service is available at the time a certificate of occupancy is issued for the building shall be required to connect to the water utility prior to occupancy. (3) All buildings to which water utility service becomes available following legal occupancy of the building shall be required to connect to the water utility,provided that the water utility is within 300 feet of the structure requiring service and the water utility is located in a public • right-of-way or easement for utility purposes adjacent to the property, as follows: (a) Connection shall be required if either the well or septic system serving the building fails; and (b) Connection shall be required prior to sale of the building or the property on which the building sits. Section 2. That Section 78-97, Subsections (d) and (e), of the City of Elk River Code of Ordinances shall be amended to read as follows: (d) All buildings constructed on property to which a public sewer is available at the time a certificate of occupancy is issued for the building shall be required to connect to the public sewer prior to occupancy. All buildings to which a public sewer becomes available following legal occupancy of the building shall be required to connect to the public sewer, provided that the public sewer is within 300 feet of the structure generating wastewater and the public sewer is located in a public right-of-way or easement for utility purposes adjacent to the property, as follows: i. Connection shall be required if either the septic system or well serving the building or property fails and needs replacement;and ii. Connection shall be required prior to the sale of the building or the property on • which the building sits.