§ 5-3. Permits, licenses and other charges.
(a)
Licensed plumbers. All plumbing involved in the installation of sewer and/or connection to the municipal water and sewer systems shall be made by a state licensed plumber.
(b)
Permits required. No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or pipe connection to the public water system or appurtenance thereof without first obtaining a written permit from the city's building official and otherwise complying with the terms of this Code, including the payment of established fees.
(1)
Classes of permits. There shall be two classes of building sewer permits:
a.
Residential.
b.
Commercial and industrial.
(2)
Forms. In either case, the owner or the agent shall make application on forms furnished by the city. The permit application shall be supplemented by any plans, specifications and other information which the building official may reasonably require.
(3)
Permit cards. The city shall furnish a permit card with permit numbers which shall be promptly displayed on property where a water or sewer connection is being made; said cards shall be displayed for the duration of the work.
(4)
Revocation of permit. The public works director or building official may, at any time, revoke or suspend any permit issued hereunder for any violation of this chapter and require that the work be stopped, or if already completed, that it be removed, and the violation corrected. The public works director or building official shall notify the plumber and owner, as provided in chapter 1, of the revocation and the reasons for the revocation. The owner or plumber may appeal such action in the manner provided in chapter 1.
(5)
Connection changes. In addition to the issuance of a permit, the payment of certain connection charges is required to authorize connection to the city water and sewer system, which charges are fully described elsewhere in this Code.
(6)
Sewer availability charges (SAC). The Metropolitan Council Environmental Services Board (MCES) is the responsible agency for the provision of wastewater treatment services within the metropolitan area. The SAC charges are authorized by Minn. Stat. Ch. 473 and are set out in the MCES web page relating to the SAC program/rates and charges. As authorized by Minn. Stat. § 444.075, the city administers these charges as pass through charges to the property owner/developer of the property within the city as set out in subsection 5-3(6) of this Code. The MCES establishes charges on an annual basis which city charges must reflect. The city shall report monthly to the MCES for all single family residential SAC determinations and shall request the MCES to make all other determinations per MCES criteria and guidance. Charges of the MCES for providing reserve trunk capacity as described in the city's fee schedule are:
a.
The responsibility of the property owner and are required to be paid before issuance of a permit for connection to the municipal sewer system.
b.
Additional SAC charges may apply after any MCES building plans audit and shall be the continuing responsibility of the property owner. Any additional unpaid SAC charges are due within 30 days from the date of mailing by the city to the property owner of the amount remaining unpaid. A $50.00 late fee shall apply to any SAC charges paid after the 30-day notice period referred to herein and may be certified to the real estate taxes of the property for collection if they remain unpaid after the 30-day notice period.
(c)
Sanitary sewer strength charges. MCES charges for recovery of operation and maintenance costs of treatment works as described in the city's fee schedule must be paid when due by all industrial users of the city sewer system:
(1)
Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the state (hereinafter in this subsection the "commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (hereinafter in this subsection the "Act"), has determined to impose an industrial user sewer strength charge upon users of the interceptors or treatment facilities owned or operated by the commission to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the city to pay such costs based upon strength of industrial discharge and allocated to it each year by the commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the city. Furthermore, Minn. Stat. § 444.075, subd. 3, empowers the city to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the county auditor as a tax lien against the property served.
(2)
Establishment of strength. For the purpose of paying the costs allocated to the city each year by the commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the city, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the city, based upon strength of industrial waste discharged into the sewer system of the city (the "strength charge").
(3)
Establishment of strength charge formula. For the purpose of computation of the strength charge established above, there is hereby established, approved and adopted in compliance with the act, the formula fixed by the metropolitan waste control commission for industrial users receiving waste treatment services. Such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the commission.
(4)
Strength charge payment. It is hereby approved, adopted and established that the strength charge established above shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth day next succeeding the day of billing thereof to such user by or on behalf of the city, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent per month on the unpaid balance due.
(5)
Establishment of tax lien. As provided by Minn. Stat. § 444.075, subd. 3, it is hereby approved, adopted and established that if payment of the strength charge established above is not paid before the sixtieth day next succeeding the date of billing thereof to the industrial user by or on behalf of the city, said delinquent sewer strength charge, plus accrued interest established above, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the city or its agent shall certify such unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the city from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy.
(d)
Sanitary sewer service and use charges.
(1)
Rates. Rates and charges for use and service of the sanitary sewer system are prescribed in the city's fee schedule, such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the city sanitary sewer system and which discharge only normal sewage into such system. For single-family residences only, sewer charges shall be computed on the basis of actual gallons of water metered during the winter months of December through March; sewer charges for all 12 months shall be determined by averaging the gallonage of water metered during the winter months between December through March; provided, however, that the gallons charged for each individual month shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. In terms of beginning service, for a fraction of a month the charges and rates for non-metered unit shall be based upon the amount of the established flat charge, provided, however, that the actual month of beginning shall be considered as having begun on the first or the fifteenth of the month, whichever is closer.
(2)
Required installation of water meters. A meter recording the use of water may be installed on any lot, parcel, premises or unit in the city and thereafter the rate shall be based upon such use of water. The council may, by resolution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the equitable administration and application of sewer rates requires the metering of water used on the premises.
(3)
Installation of meter. Any water meter installed for use or used as a basis for the computation of sewer rates shall be installed and maintained in good operating condition at all times, such installation and maintenance to be without expense to the city. Any such meter shall be of a type approved by the council, and shall accurately measure all water received on the premises. Installation of and maintenance of such meter shall be made in accordance with the plumbing regulations of the city.
(4)
Water not entering sewer system. If the lot, parcel of land, or premises discharges normal sewage or industrial waste into the sanitary sewerage system, either directly or indirectly, and it can be shown to the satisfaction of the council that a portion of the water measured by the water meter does not and cannot enter the sanitary sewerage system, then, and in that event, the council may permit or require the installation of other or additional meters in such a manner that the quantity of water which actually could enter the sewer may be determined. In such case the charges or rates shall be based upon the amount of water which can enter the sanitary sewer system.
(5)
Supplying information violations. The owner, occupant, or person in charge of any premises shall supply the city with such information as the city may reasonably require related to use of water, use of sewer, or sewer rates. Willful failure to provide such information or willful falsification of such information shall constitute a violation of this section, as shall willful failure to comply with any requirement or order issued pursuant to this section.
(6)
Billing and collections. Bills for charges for the use and service of the sewage system shall be made out by the city in accordance with the city's usual and customary general billing practices. All bills shall be payable at the city administrative offices. Bills shall be rendered monthly to owners of the premises in the same manner as prescribed elsewhere in this chapter pertaining to the sale of municipal water. All bills shall be due and payable when rendered. Bills paid by automatic clearing house (ACH) electronic payment shall be due on the first business day after the 15 th day of each month. If payment is not made on or before the 21 st day of each month next succeeding the mailing of the bill, a penalty as set forth in the city's fee schedule, shall be added to the bill. Sewer bills shall be considered to be in default on the first day of the month next succeeding the date the above penalty attaches. When a charge is more than 45 days past due, civil action may be begun on behalf of the city for the collection of said sewage service charge, and if such charge is not paid within 60 days after due, the said unpaid charge plus penalty may be certified to the county auditor with the taxes against such property and shall be collected with other taxes on such property.
(7)
Shutting off service. The city may shut off sewer service to any premises for which the connection charge is unpaid and in default, after notice as provided in chapter 1. The decision to shut off sewer service may be appealed as provided in chapter 1. The right reserved by the city to shut off sewer service for failure to fully make said connection charge payments shall in no way be defeated, diminished or cut-off by the cancellation, termination or discharge, by operation of law, of the individual liability of the applicant for the connection. Until the full connection charge due has been paid, no owner, tenant, grantee, successor in interest, assigns, or possessor of any premises shall be entitled to connection thereof with the municipal sewer system, except as provided elsewhere in this Code. It is the intention of this section to ensure that the financial costs of establishing and maintaining the sewer system is equitably borne by all the premises using it.
(8)
Certification of past due fees on taxes. Notwithstanding subsection 5-3(d)(7) of this Code, every owner of any premises served by sanitary sewer shall be deemed to have agreed that any delinquencies in the payment for sanitary sewer usage on the premises shall be a lien and charge against the premises so served regardless of whether the premises is a homestead. In the case of a delinquency, said lien, including a certification processing fee in the amount as set forth in chapter 14 of this Code, may be certified to the county auditor with the taxes against such premises, in the same manner as special assessments on real estate for other public improvements, and shall be collected in the same manner as taxes against real estate. This section shall not affect the city's ability to terminate service per subsection 5-3(d)(7) or any other remedy of this Code, the intention being that all remedies for collection of delinquent payments are cumulative and not exclusive in nature.
(9)
Sewer operating fund. All revenues derived from these rates and charges shall be credited to the sewer operating fund. Such revenue shall be used for the purpose of paying the cost of operating and maintaining the sewage system, paying charges made by a duly authorized municipal authority, such as the metropolitan sewer board, providing an adequate depreciation fund, paying costs of meter-reading, billing, collection and other similar or related sewer operating expenses. To the sewer operating fund shall also be credited all revenues derived from any "use charge" paid for use of service of the sanitary sewer system. Net revenues from "use charge" shall be paid by the city from time to time for the purpose for which such use charge was established. If the rates and charges prescribed herein do not produce a net revenue sufficient to permit payment of the use charge revenues for the purposes for which established, the rates and charges provided herein shall be adjusted from time to time to permit the accumulation of net revenues equal to the deposits of use charge funds to the sewer operating fund.
(e)
Stormwater drainage utility and use charges.
(1)
Stormwater drainage utility established. The municipal storm sewer system shall be operated as a public utility pursuant to Minn. Stat. § 444.075. Revenues derived from said system shall be subject to the provisions of this Code and Minnesota Statutes. The following findings and determinations are hereby made in providing for said utility:
a.
In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the city has constructed, operated and maintained a storm sewer system ("the system"). This section is adopted in the further exercise of such authority and for the same purposes.
b.
The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this section.
c.
In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the city and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected stormwater runoff from the various parcels of land within the city during a standard one-year rainfall event.
d.
Assigning costs and making charges based upon typical stormwater runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this section undertake to establish a reasonable and practical methodology for making such charges.
(2)
Stormwater drainage rate. Stormwater drainage rates are prescribed in the city's fee schedule. The rate charged for a land parcel shall be determined by its assigned residential equivalent factor (REF) multiplied by the drainage rate for the parcel's actual land use. The purpose of said charge is to pay for the repair, improvement, maintenance and operation of the municipal stormwater drainage system. A parcel shall be assigned an REF by determining its percentage of impervious area and multiplying its total acreage by the corresponding REF to percentage of impervious area in accordance with the following table:
Percentage of Impervious Area REF per acre 0 2.12 12 2.61 20 2.94 25 3.00 30 3.07 38 3.45 65 4.56 72 4.65 85 5.50 100 6.48 A higher drainage rate is imposed on commercial and industrial land uses due to greater water pollution from run-off caused by said uses which justify the higher rate.
(3)
Residential equivalent factor defined. One REF is defined as the ratio of the average volume of runoff generated by one acre of a given land use to the average volume of runoff generated by one acre of typical single family residential land, during a standard five-year rainfall event. It is further assumed that land in New Hope is Type C soil composed of sandy clay loam and that a five-year rainfall event generates 3.5 inches of rain per hour.
(4)
Credits. The city council may adopt policies by resolution, for adjustment of the stormwater drainage fee for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of stormwater drainage fees shall not be made retroactively.
(5)
Payment of fee. Billing statements for stormwater drainage shall be computed and invoiced by the city's finance department for each parcel of the monthly sewer and water utility billing system. Any parcel not included in the sewer and water utility billing system, such as unimproved parcels, shall be invoiced quarterly for storm sewer service charges.
(6)
Recalculation of fee. If a property owner or person responsible for paying the stormwater drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the public works director made within twelve months of mailing of the invoice in question by the city.
(7)
Penalty for late payment. Every billing for stormwater drainage fees not paid when due shall incur a penalty charge of five percent of the amount past due.
(8)
Certification of past due fees on taxes. Any past due stormwater drainage fees in excess of 60 days past due on September 1 of any year may be certified to the county auditor for collection with real estate taxes in the following year pursuant to Minn. Stat. § 444.075, subd. 2a. In addition, the city shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees.
(Ord. No. 66-1; Ord. No. 73-26; Ord. No. 82-13; Code 072684; Ord. 90-13; Ord. No. 95-11; Ord. No. 2000-09; Ord. No. 2001-04; Ord. No. 11-11, §§ 1, 2, 8-22-2011; Ord. No. 15-13, § 1, 12-14-2015; Ord. No. 17-01, § 6, 1-23-2017)