Ord 496 Amend Code Inspection and Compliance of Sump Pump ConnectionsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 496
AN ORDINANCE AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CITY CODE OF THE
CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING
THE INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS
THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS ORDAINS: The amendment as
follows to require inspection and necessary corrective actions to ensure compliant installation and
operation of sump pumps in Mendota Heights.
Section 1.
Title 10-1-1 is hereby amended as follows to add:
CLEAR WATER: storm water; natural precipitation; melting snow; ground water; water flow from a
roof, ground surface, subsurface drainage, down spout, eave trough, rainspout, yard drain, sump .pump,
foundation drain, yard fountain, pond, swimming pool, air conditioning condensate, cistern overflow, or
any other water that is not required to be treated by state or federal law.
Section 2.
Title 10-3-5-B is hereby amended as follows:
B. Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer
system, either directly, or indirectly, any clear water as defined in 10-1-1 of this section. v o,
sui!faee or gretind water of any type or kind, of watef disehafged ffom any aif eendifiening unit o
system. (1981 Code 803 § 4
Section 3.
Title 10-3-7-C is hereby amended as follows to add:
6. Surcharges: Sump Pumps.
A. A quarterly surcharge in an amount duly adopted by City Council and set forth in the
City's Fee Schedule shall be assessed against the property on which clear water is
discharged in violation of this Section.
B. The quarterly surcharge will be charged on the property's municipal utility billing
statement and will be assessed and charged as follows:
1. An inspection, as required herein, has not been allowed by the property
owner or occupant or a Certificate of Compliance has not been filed with the
City within 30 days after the City's notice of inspection,
2. The property owner or occupant fails to make the sewer line cleanout readily
available for the inspection;
3. The necessary corrections have not been made within the time specified; and
4. The property owner or occupant reconnects a clear water discharge line to
the City's sanitary sewer system after it has been previously disconnected at
the City's or a court's direction.
C. A surcharge will be assessed for every quarter during which the property is not in
compliance, the property owner has not allowed an inspection of the sump pump
system, or the property owner has not made the sewer line cleanout readily available
for the inspection. The surcharge will be assessed whether the non-compliance has
existed for the entire quarter or a portion thereof.
D. The quarterly surcharge for a re -connection will be charged for each quarter
be ig ening with the quarter in which the inspection was completed or a Certificate of
Compliance was filed confirming the previous disconnection through the end of the
quarter in which the reconnection is subsequently disconnected.
E. The property owner will be billed for subsequent inspections necessary beyond the
initial inspection and one (1) follow-up inspection.
Section 4.
Title 10-3-10 is hereby added as follows:
CLEAR WATER DISCHARGE PREVENTION AND PROHIBITION
A. Discharge Requirements.
1. No clear water, as defined in 10-1-1 of this section, shall be discharged, directly or indirectly,
into the City's sewer system.
2. All sump pump systems within the City shall meet the following requirements:
a. No sump pump system shall discharge clear water into the City's sanitary sewer
system;
b. The sump pump system design shall provide year-round discharge of clear water
through a permanently installed discharge line from the interior of the structure to an
appropriate drainage area on the outside of the structure, connection to the City storm
sewer, or discharge through the curb and gutter to the street. In no event shall a
drainage area include property owned by others or any public right-of-way unless
said right-of-way is adjacent to a developed City street with an installed drainage
system. Approval to discharge to storm sewer or streets must be obtained from the
City;
c. The sump pump system's permanent discharge line shall be made of solid, non -
flexible material and shall not have any connection fittings as to permit alternative
flow path subsequent to installation; and
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d. If the sump pump system discharge line is connected directly to the City's storm
sewer system, then the discharge line shall have a check valve which shall be located
within the property's boundaries and not within the public right-of-way.
B. Inspections.
1. Inspections Required. Any property within the City that is connected to the City's sewer
system shall be subject to one, no -cost compliance inspection, and a subsequent follow-on
inspection, to determine whether the property's discharge of its clear water is in compliance
with this Section and is not discharged into the City's sanitary sewer system.
a. Property owner or occupant shall permit the City's designated inspector on the
property and within any structure thereon to complete the inspection.
b. The compliance inspection shall occur within thirty (30) days of written notice from
the City that a compliance inspection is required on the property.
c. The compliance inspection shall occur at a time and in the manner as reasonably
determined by the City's designated inspector.
d. In lieu of a compliance inspection by the city inspector, property owner may have the
property inspected, at the sole expense of the owner, by a private licensed plumber
who shall inspect the property and file a Certificate of Compliance on a form
provided by the City, within thirty (30) days of the City's notice of the required
inspection.
e. The private licensed plumber who conducts the compliance inspection shall certify
on the Certificate of Compliance that the property's discharge of clear water is in
compliance or noncompliance with the provisions of this Section.
f. In the event that the inspector cannot complete the compliance inspection because the
property's sump pump and/or sewer "cleanout" is not readily accessible as required
by the state building code, the property owner or occupant shall take all necessary
steps to make the sewer cleanout readily accessible for the re -inspection to be
completed within thirty (30) days of the date the inspector was at the property to
conduct the initial inspection.
g. If the property owner or occupant fails to make the sewer line cleanout accessible for
inspection, such failure shall constitute a failure to comply with inspection
requirements and subject to the quarterly surcharge as defined in10-3-7-C-6 of this
section.
2. Failure to Comply with Inspection Requirements.
a. Property owners or occupants are required to permit authorized city employees
and/or agents to enter upon properties and inside structures for purposes of inspection
under 10-3-9 of this section.
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b. If the property owner or occupant fails to permit or have completed a compliance
inspection, the City may apply to the district court for an appropriate administrative
search warrant authorizing the City to enter the property to conduct the inspection.
3. Re -inspections.
a. In the event that the discharge of clear water on the property is not in compliance
with this Section, a second compliance inspection shall be completed within sixty
(60) days of the notice of noncompliance to determine if the necessary corrections
have been made and compliance with this Section has been met.
b. The second compliance inspection shall be subject to the requirements set forth
above. Thereafter, the property shall be subject to re -inspections on an annual basis
to confirm continued compliance.
c. Properties that are in compliance shall also be subject to re -inspections to confirm
continued compliance.
C. Corrections.
Upon notice that the discharge of clear water on the property is not in compliance with this
Section, the owner or occupant of the property shall immediately cease from discharging
clear water in violation of this Section and shall make the necessary repairs and corrections
to discharge the clear water in accordance with this Section. These repairs and corrections
shall be completed within sixty (60) days of the date of notice of noncompliance.
2. If necessary repairs and corrections are not completed within the sixty (60) days, it shall
constitute a failure to comply with the requirements of this ordinance and the owner of the
property shall be subject to the quarterly surcharge as defined in Section 10-3-7-C-6 of this
Title.
D. Inspections with building permits. If a city inspector is on a property for the purpose of a building
permit inspection, the city inspector has the authority to inspect the property for compliance with this
Section without further notice to the property owner or occupant.
E. Temporary waiver.
1. The City may grant a temporary waiver from the provisions of this Section where strict
enforcement would cause a threat of damage or harm to other property, the environment, or
public safety because of circumstances unique to the individual property or due to weather
conditions.
2. A written request for a temporary waiver must be first submitted to the Public Works Director
specifying the reasons for the temporary waiver.
a. If a temporary waiver is granted, the property owner shall pay an additional fee for
sewerage service charges based on the number of gallons discharged into the City's
(sanitary) sewer system as estimated by the Public Works Director.
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b. The additional sewerage service charge fee shall be established in the City's Fee
Schedule and shall consist of a minimum base charge plus a charge based on the
number of estimated gallons of clear water discharge.
3. The Public Works Director may set conditions to the temporary waiver.
4. The Public Works Director may terminate the temporary waiver upon a failure to comply
with any conditions imposed on the temporary waiver.
The Public Works Director must give a five-day written notice of the termination to the
property owner and occupant setting forth the reasons for the termination.
6. After expiration or termination of a temporary waiver, the property owner shall comply with
the provisions of this Section.
Section 5.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this 7t' day of June, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Sandr Krebsbach, May
ATTEST
Lorri with, City Clerk
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