2012-1048 Amend Sanitary Sewer SystemCITY 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 offats, 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 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 unlawfu
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 agent of the Director of Public Works may inspect the buildings and
proper . 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
requently 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 City.
Ordinance No. 2012-1048 -2-
In the event of an unlawful discharge, the discharging business or property owner
shall reimburse the Citi for the cost of maintenance necessary to restore pier
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 one year of a violation, such
violation as evidenced by an additional City response requiring non -routine pipe or
lift station maintenance to restore doper sewer e unction, 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, etch. 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 I (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.
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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.
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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 orred ases, food
waste, or similar material into the sanitary sewer, as prohibited by Section 705.09, Subd. 10).
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
/'01
By:
Eug e J. Aaxwell, Mayor
ATTEST:
J
Kristine Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
ity. AttornSignature Date