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ORDINANCE NO.20- 12 AN ORDINANCE AMENDING CHAPTER 78 OF THE CITY OF ELK RIVER CITY CODE TO AUTHORIZE LOANS FOR THE REPAIR OR REPLACEMENT OF PRIVATE SUBSURFACE SEWAGE TREATMENT SYSTEMS The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 78 of the City of Elk River Code of Ordinances shall be amended to add new Section 78-6, as follows: Section 78-6 — Loans for the repair or replacement of private subsurface sewage treatment systems. (a) Public health and safety hazard. The City Council finds that private subsurface sewage treatment systems, which do not meet the requirements of state law, including Minnesota Statutes, Section 115.55 and Minnesota Rules promulgated thereunder, or Section 17.5 of the Sherburne County Zoning Ordinance, create a public health and safety hazard on private property which must be eliminated. (a) Loans authoritied. The City Council, in its sole discretion, may establish a subsurface sewage treatment system loan program pursuant to Minnesota Statutes, Section 115.57, or the City may participate in state funded loan programs, such as that authorized by Minnesota Statutes, Section 17.117. If a City loan program is established, it shall be administered by the City Administrator pursuant to policies adopted or direction given by the City Council. (a) Assessments autboritied. Loans made by the City for the repair or replacement of private subsurface sewage treatment systems shall be secured by assessments levied against the properties served by systems repaired or replaced, as authorized by state law and City Policy. Such assessments may be prepaid at any time. (a) Petition required. (i) Prior to making a loan for the repair or replacement of a private subsurface sewage treatment system, the City shall receive a signed petition, in the form required by the City in its sole discretion, from the owner of each property to be served by the repaired or replaced system, requesting that the loan be made and that to secure payment of the loan the owner's property be assessed in the amount of that property's share of the total cost of the repair or replacement. (ii) Alternatively, if a signed petition is not received by one or more property to be served by a repaired or replaced system, the City Council may, in its sole discretion, proceed with a loan program to repair or replace the system and assess the loan amount to the properties for which a petition has not been received pursuant to Minnesota Statutes, Section 429.101. All costs incurred by the City to levy assessment pursuant to Section 429.101 shall be added to the project cost and the loan amount.