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CR 2012-064 Second Reading on Sanitary SewerJune 13, 2012 NOPKINSCouncil Report 2012-064 Second 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 second reading Ordinance 2012-1048, amending City Code sections 615 and 705. Overview. At the May 15 meeting City Council adopted for first reading an ordinance to amend City Code sections 705, Sanitary Sewer System and 615, Nuisance Abatement. The amendments have to do with ensuring that food service establishments maintain their separator equipment for fats, oils and greases (FOG). Staff mailed the attached notice letter to all food service businesses — no questions or concerns have been received. The matter was further discussed at the June 12 City Council work session. 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. 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. Supporting information. • Ordinance 2012-1048 • Letter to food ervice establishments Steven J. Stadler, Public Works Director Financial Impact: $ 0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: 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 discharge of more than a de minimis amount. Any business or or property owner that discharges fats, oils and greases, food waste, or similar 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 greases, _ 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 employees as to proper handling of fats, oils and greases, food waste, or similar materials. All business or property owner must maintain documentation detailing maintenance of equ�pment installed pursuant to this Section and shall submit it to the Director of Public Works or other authorized went on demand. An authorized a eg nt of the Director of Public Works may inspect the buildin sg and property to confirm installation and condition of grease separator equipment. The building or property owner shall allow access during for such inspections during reasonable business hours. Such City inspections may be conducted annually or more fieguently upon 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 property owner shall reimburse the City for the cost of maintenance necessary to restore proper operation of the sanitary sewer system, plus a $200 surcharge. Recovery of such costs may be through a special assessment against the property. _Upon a second or subsequent violation/s within oneey ar ofprevious violation such violation as evidenced by an additional Ci response requiring non -routine pipe or lift station maintenance to restore proper sewer function business or property owner shall be subiect to the costs of such City maintenance plus an additional $100 surcharge (ex 2nd violation = City costs + $300 surcharge, 3rd violation = City costs + $400 surcharge etc.). Recovery of such costs may be through 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 1 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 sump 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; 2 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 discharge 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. 1(b). Section 3. The effective date of this ordinance shall be the date of publication. First Reading: May 15, 2012 Second Reading: June 19, 2012 Date of Publication: June 28, 2012 Date Ordinance Takes Effect: June 28, 2012 Eugene J. Maxwell, Mayor ATTEST: Kristine Luedke, City Clerk 4 i In May 24, 2012 City,of q%pkins Pu6Cic Works 11100 Pxcefsior Bfvd. • _17-[cpkins, MN 55343-3435 • Phone: 952-939-1382 • Fax952-939-1381 'Web address: www.hopkcnsmn.com Dear Food Service Business Owner: The City is in the process of revising its City Code in regards to the sanitary sewer system. Specifically, the revision adds a requirement for food service establishments to maintain their separator equipment for fats, oils and greases — see attached code revision. On May 15, the City Council took the first step in passing this code revision by approving the first reading. A City Council work session to further discuss the proposed revision is scheduled for June 12 at 6:30 p.m. at Hopkins City HaT'i010 1`t St Souih. The final approval is preliminarily set for the June 19 City Council meeting. The attached proposed code revision requires that restaurant owners maintain their grease interceptors: When this equipment isn't regularly cleaned -out it no longer separates the fats, oils and greases from the waste water. This means the grease separates -out in the city's sanitary sewer pipes, building -up on the pipe walls and eventually causing p:" blockage. Often this leads to city crews having to respond to an emergency call to Onplug the sewer. This past year the city has had to respond seven times to clear sewers plugged with grease. It is important to note that the proposed code revision is not a new city-wide inspection program or a mandate that you install grease separator equipment. We intend to check the condition and maintenance of a business's fat, oil and grease separator only in the event that we have a related city sanitary sewer pipe grease problem. In that event, we would check your grease separator equipment to make sure that it is functioning and being regularly cleaned out. If it's determined that a food service business is discharging excessive grease and causing a sanitary sewer problem, the city can charge the business owner for the cost of our sanitary sewer maintenance work + a $200 surcharge. I ask that you read over the proposed code revision and contact me if you have any questions or comments. I can be reached at 952-548-6350 or email at sstadler(cD-hopkinsmn.com. Sincerely, I A Steven J. Stadler Director Partnering with the Community to Enhance the Quality ofLife • Inspire • Educate • Involve • Communicate • 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 syst r.� b.i iva i� shall ieleaft wr l.CGnS�rLCf %u nor shall any e-:Stlig 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 o tngre than a de minimis amount of Pals, oils and greases, food waste, or similar material into the sanitary sewer is prohibited. The discharge anv amount of such material that causes or exacerbates the formation or deposit of an obstruction in the sanitary sewer is presumed to be the discharge of more than a de minimis amount. Any businessor oho e rtv owner that discharges fats oils and ��eases food waste, or similar material into the sanitary sewer system shall utilize a grease trap separator or similar device to prevent discharge of a prohibited amount or concenb'ationo fats, oils and greases, 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 employees as to proper handling of fats, oils and 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 went of the Director of Public Works may inspect the buildings and property to confirm installation and condition of grease separator equipment The building or proper y owner shall allow access during for such inspections during reasonable business hours. Such City inspections rna_v be conducted annually or more frequently upon a suspected violation of this Section. The business or property oivner shall immediately take action to come into compliance with this Section on written notice by the On,. In the event shall reimburse the Cites or the costo maintenance necessary to restore proper operation of the sanitary sewer system flus a5200 surcharge.