CR2012-043 First Reading Ordinance Amending City Code Setions 615, Nuisance abatement and 705, Sanitary Sewer SystemsMay 10, 2012 NOPKINS
Council Report 2012-043
First Reading
Ordinance Amending City Code Sections 615, Nuisance Abatement and 705, Sanitary
Sewer System
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt for first
reading Ordinance 2012-1048. amendina Citv Code sections 615 and 705.
Overview.
Staff proposes the City Council amend the existing City Code Sections 705, Sanitary
Sewer System and 615, Nuisance Abatement to classify fats, oils and greases (FOG) in
concentrations that cause deposit or obstruction in the sanitary sewer system as a
prohibited discharge and a nuisance. One of the more troublesome sewer problems is
the build-up of FOG in the sanitary sewer system pipes and manholes which cause
blockages and can require an emergency response by a City Utility crew. These
blockages can almost always be traced to a specific food service establishment that is
discharging FOG at excessive concentrations. This is due to their separator equipment
not being properly maintained and, therefore, not functioning properly. In addition to
requiring properly functioning equipment, these City Code amendments also allow the
City to require that the business owner furnish maintenance records for the separator.
Additionally, in the event of an excessive build-up of FOG, the City can charge the
business/property owner for the cost of the City response to clear the sewer pipe or
manhole plus a $200 surcharge. Additional violations within one year result in
escalating surcharges. By including the prohibited FOG discharge as a nuisance, it
allows the City to cite the business owner with a misdemeanor offense, aids in our
ability to assess the costs against the property and allows use of the nuisance
abatement procedures if problems persist.
Primary Issues to Consider.
• History of problems — Cost of City response
• Restaurant owner notification
Supporting information.
• Or inance 2q12-1048
t:A
Steven J. Stadler, Public Works Director
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2012-043
Page 2
Analysis of Issues
• History of problems — Cost of city response
In the past year, Utility crews have had to respond to seven separate calls to clear
sewer pipes due to grease build-up. The city cost to respond to one of these calls is
$250-$400.
• Restaurant owner notification
If the first reading is approved, staff would send a short letter to restaurant owners
describing the problem, the need to frequently clean grease interceptors and the
proposed City Code changes.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2012-1048
AN ORDINANCE AMENDING
SECTIONS 705 AND 615 OF THE HOPKINS CITY CODE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 705, Sanitary Sewer System be amended as follows:
705.09 Connection to Sanitary Sewer. Subdivision 1. Prohibited Discharges. No person shall discharge or
cause to be discharged any stormwater, groundwater, roof runoff, yard drainage, yard fountain, pond overflow,
or any substance other than sanitary sewage into the sanitary collection system. Use of a sump pump
discharge for these purposes is illegal
a) No roof runoff, sump pump, subsurface or surface water drainage shall be connected to the sanitary
sewer system and no building shall hereafter be constructed nor shall any existing buildings be
hereafter altered in such a manner that the roof drainage or any other source of discharge or
drainage other than sanitary sewer shall connect with the sanitary sewer system inside or outside the
building.
b) The discharge of more than a de minimis amount of fats oils and greases, food waste, or similar
material into the sanitary sewer is prohibited. The discharge any amount of such material that
causes or exacerbates the formation or deposit of an obstruction in the sanitary sewer is presumed
to be the dischargeof more than a de minimis amount.
Any business or or_properU owner that discharges fats, oils and greases food waste, or slmllur
material into the sanitary sewer system shall utilize a grease trap separator or similar device to
prevent discharge of a prohibited amount or concentration of fats, oils and e� food waste, or
similar material The business or property owner shall install maintain, and replace equipment
as necessary to prevent an unlawful discharge and to prevent the formation of deposits or
obstructions and shall educate its tenants or employes as to proper handling of fats, oilsand
greases, food waste, or similar materials.
All business or property owner must maintain documentation detailing maintenance of equipment
installed pursuant to this ,Section and shall submit it to the Director of Public Works or other
authorized agent on demand.
An authorized agent of the Director of Public Works nzay inspect the buildings and property to
confirm installation and condition qfgrease separator equipment The building orRroperty owner
shall allow access during for such inspections during reasonable business hours. Such City
inspections may be conducted annually or more,fi^equentlyupon. a suspected violation of this
Section.
The business or property owner shall immediately take action to come into compliance with this
Section on written notice by the City.
In the event of an unlawful discharge, the discharging business or � perty owner shall reimburse
the City for the cost of maintenance necessaa to restore proper operation of the sanitary sewer
system, plus a $200 surcharge.
Recoveryof such costs may be through a special assessment against the property. Upon a secund
or subsequent violation/s within one year of previous violation, such violation as evidenced by an
additional City response requiring non-routine pipe or lift station maintenance to restore pier
sewer function business or propeM owner shall be sect to the costs of such City maintenance
plus an additional $100 surcharge (ex. 2"" violation = City costs + $300 surcharge, 3"' violation =
City costs + $400 surcharge etc.). Recovery of such costs may be throw a special assessment
against the property.'
c) Any person, firm, or corporation having a roof, sump pump, cistern overflow pipe, subsurface or
surface in violation of Subdivision I drain now connected or discharging into the sanitary sewer
system shall disconnect and remove it within 30 days after written notice from the City Manager
and install the necessary pipes, plumbing fixtures, and appliances and otherwise connect said
drainage with and into the storm sewer system in compliance with this Ordinance which shall be
verified by City inspection. All disconnects or openings in the sanitary sewer shall be closed or
repaired in an effective, workmanlike manner in accordance with City codes and policies.
d) Every person owning improved real estate that discharges in the fashion above described into the
city sanitary sewer system shall allow a representative of the city to inspect the buildings and
property to confirm the absence or correction of such prohibited discharge to the sanitary sewer
system. Any person refusing to allow such property to be inspected shall promptly become subject
to the penalties and remedies of the City as provided in its policy and codes including, but not
limited to, assessments, charges, attorney fees and court costs in achieving compliance and in
addition shall be subject to the surcharge hereinafter provided for, until the inspection is allowed
and/or Code Compliance is met.
e) A surcharge of $100.00 per month is imposed and shall be added to every utility billing
mailed to properties refusing or failing compliance or inspection as herein provided. The
surcharge shall be added to every monthly billing until the property is in compliance or
inspection has been permitted. In addition to such surcharge, the City retains all. rights and
remedies available to it including, but not limited to, obtaining a Court Order directing
compliance allowing inspection or permitting the City to correct the violation and certify such
costs as a special assessment against the property. All properties found during annual re -
inspections by the City or its agents to have violated this Ordinance will be subject to the
$100/month penalty for all months between the two most recent sung pump inspections.
Subivision 2. The provisions of Subdivision 1(b), above, do not apply to single-family dwellings, as defined in
Section 407 of the Hopkins Code, that are actually occupied as residential dwellings_
Section 2. That Section 615, Nuisance Abatement be amended as follows:
615.02. Nuisance. A nuisance shall mean any substance, matter, emission, or thing which creates a dangerous
or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the City or
which is offensive or has a blighting influence on the community and which is found upon, in, being
discharged or flowing from any street, alley, highway, railroad right of way, vehicle, railroad car, water,
excavation, building, erection, lot, grounds, or other property located within the City of Hopkins. Nuisances
shall include but not be limited to those set forth in this Section.
Subd. 1. Refuse Material, noxious substances, hazardous wastes. Refuse material, noxious
substances, or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried, or discharged upon,
in, being discharged or flowing from any property, structure, or vehicle; except for:
a) refuse deposited at places designated and provided for that purpose by the Hopkins City Code;
b) refuse stored in accordance with provisions of the Hopkins City Code or vehicle parts stored in an
enclosed structure;
c) compost piles established and maintained in accordance with the regulations of the Department of
Inspections;
Subd. 2. Weeds. Grass or Weeds which have grown upon any property to a height of ten or
more inches or which have gone or are about to go to seed.
Subd. 3. Vermin harborage. Conditions which in the opinion of the Enforcement Officer are
conducive to the harborage or breeding of vermin including materials stored less than 12 inches off the ground.
Subd. 4. Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats,
grackles, starlings, pigeons, bees, wasps, cockroaches, or flies.
Subd. 5. Sanitary structures. Structures for sanitation such as privies, vaults, sewers,
private drains, septic tanks, cesspools, drain fields which have failed or do not function properly or which
are overflowing, leaking, or emanating odors. Septic tanks, cesspools, or cisterns which are abandoned or
no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank
which does not meet the following criteria:
a) the bottom and sides are cemented to make impervious to water,
b) the bottom is at least six feet below grade,
c) proper ventilating pipes and covers are provided,
d) it is located at least 20 feet from any house, residence, building, or public street,
e) it is cleaned at least once a year, and
f) the property served is located such that connection to the public sewer is impractical.
Subd. 6. Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions
of buildings which are unsecured.
Subd. 7. Hazards. Any thing or condition on the property which in the opinion of the
Enforcement Officer may contribute to injury of any person present on the property. Hazards which shall
include but not be limited to dangerous structures, abandoned buildings, open holes, open foundations,
open wells, dangerous trees or limbs, abandoned refrigerators, or trapping devices.
Subd. 8. Fire hazards. Any thing or condition on the property which in the opinion of the
Enforcement Officer creates a fire hazard or which is a violation of the Fire Code.
Subd. 9. Health hazards. Any thing or condition on the property which in the opinion of
the Enforcement Officer creates a health hazard or which is a violation of any health or sanitation law.
Subd. 10. Graffiti. Any writing, printing, markings, signs, symbols, figures, designs,
inscriptions, or other drawings which are scratched, painted, drawn or otherwise placed on any exterior
surface of a building, wall, fence, sidewalk, curb or others structure or equipment on public or private
property and which have the effect of defacing the property. (Added by Ord. #94-741)
Subd. 11. Statute and Common Law Nuisances. Any thing or condition on property which
is known to the common law of the land as a nuisance, or which is defined or declared to be a nuisance by
the Statutes of Minnesota or the Hopkins Code of Ordinances.
Subd. 12. The discharze of more than a de minimis amount of fats, oils or gLeases. food
waste, or similar material into the sanitary sewer, as prohibited by Section 705.09, Subd. 162).
Section 3. The effective date of this ordinance shall be the date of publication.
First Reading:
May 15, 2012
Second Reading:
June 5, 2012
Date of Publication:
June 14, 2012
Date Ordinance Takes Effect:
June 14, 2012
Eugene J. Maxwell, Mayor
ATTEST:
Kristine Luedke, City Clerk