ORDINANCE NO. 12 THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF WHITE BEAR ORDAINS:

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1 ORDINANCE NO. 12 AN ORDINANCE AMENDING ORDINANCE NO. 12 OF THE TOWN OF WHITE BEAR, RAMSEY COUNTY, MINNESOTA, ADOPTED FEBRUARY 4, 1960, AS AMENDED, BEING AN ORDINANCE REGULATING RATES AND WATER SERVICE AND PROVIDING FOR THE COLLECTION OF WATER CHARGES IN THE TOWN OF WHITE BEAR THE TOWN BOARD OF SUPERVISORS OF THE TOWN OF WHITE BEAR ORDAINS: SECTION 1. AMENDMENT AND REPEAL OF CONFLICTING ORDINANCES. The Ordinance relating to and regulating rates and water service and providing for the collection of water charges passed and approved February 4, 1960, as amended, is hereby amended to read as follows, and all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed. In all other respects all other Ordinances shall remain in full force and effect. SECTION 2. SERVICE CONNECTION PERMIT REQUIRED. No water service shall be provided and no person shall turn on or off any hydrant or the water connection or gate valve to any service main or the water supply at any curb stop unless authorized to do so by the Town. SECTION 3. APPLICATION FOR SERVICE. Application for service hereunder shall be made upon forms provided for that purpose by the Town. All accounts shall be carried in the name of the owner who personally, or by his authorized agent, shall apply for such service. Said owner shall at all times be liable for water service consumed upon the premises, whether he is occupying the same or not, and any delinquent charges shall be collected in accordance with Section 8 of this Ordinance. SECTION 4. SEPARATE CONNECTIONS. No more than one dwelling or building shall be supplied from one service connection, except by special permission of the Town Board. Whenever two or more parties are supplied from one pipe connecting with the distribution main, each building or part of building must have a separate curb stop. SECTION 5. PRIVATE WATER SUPPLIES. No water pipe of the Town Water System shall be connected with any pump, well or tank that is connected with any other source of water supply and when such are found, the Town Clerk shall notify the owner to disconnect the same, and if not done immediately, the water supply shall be turned off forthwith. SECTION 6. SIZE OF CONNECTIONS. Connections with mains for ordinary domestic supply shall be not less than one inch.

2 SECTION 7. WATER RATES The rates for water taken from the Town Water Supply System shall be figured on a quarterly basis payable quarterly for the preceding quarter and shall be set forth in Ordinance No. 54 (Fees & Charges). All amounts due as described herein shall be payable at the office of the Town Clerk or other designated person by the date established on the quarterly bill A penalty of ten percent (10%) shall be added to all bills not paid by the date established in Section 7-1. SECTION 8. SERVICE CHARGES. Charges shall be collected and paid at the time of making application for tapping and making connections with the Town water mains as set forth in Ordinance No. 54 (Fees & charges) UTILITY CONNECTION CHARGES. A utility connection charge shall be collected in those instances when a property has not been previously assessed for water services Before connecting to the Town water system a utility connection charge based on the number of units shall be paid. If, after the initial connection charges are paid, additional building permits or new water connections are made, additional charges shall be paid. The utility connection charge per unit shall be established by Town Board resolution (a). The number of units shall be computed as follows: The following types of residential housing each comprise one unit per dwelling unit: (a).(1). Single-family houses; (a).(2). Townhouses; (a).(3). Each duplex unit, apartment unit and/or condominium unit; and (a).(4). A single mobile home (b). Commercial, industrial and other structures shall be assigned one water unit for each sewer availability charge (SAC) unit assigned to it by the Metropolitan Council Environmental Services The utility connection charge shall be paid to the Town before a building permit or water connection permit is issued. 2

3 Any person financially unable to pay a utility connection charge pursuant to this section may make application to the Town Board to provide for installment payments for such utility connection charge. Such application shall include the following information: 8-1.3(a) (b). property (c). applicant (d). The name and address of the applicant. The owner and legal description of the subject The reason and proof of financial hardship of the A copy of the most recent income tax returns (e). A sworn financial statement showing all assets, liabilities, sources of income and expenses If the Town Board finds sufficient financial hardship to the applicant, the Town Board may provide for payments of such charge in annual installments for a period not to exceed five years, and collectable with property taxes due on the subject property WATER AVAILABILITY CHARGE. In addition to the utility connection charge, the user shall also pay the water availability charge as determined by Town Board resolution in accordance with Ordinance No. 54 (Fees & Charges), prior to the Town issuing a building permit or permit for water connections is issued SERVICE STUB INSTALLATION. In addition to other fees and charges set forth in this Ordinance, the property owner shall also be responsible for all costs incurred for installation of a service stub from the Town s system in the street to the property line, the cost of which is dependent upon the individual property. SECTION 9. COLLECTION OF DELINQUENT CHARGES. Each charge levied by and pursuant to this Ordinance is hereby made a lien upon the corresponding lot, land, parcel or premises served by a connection to the water system of the Town. All such charges which are on September 1 st of each year more than 30 days past due and having been properly billed to the occupant of the premises served, shall be deemed a delinquent account and may be certified to the Town Clerk who shall prepare an Assessment Roll each year provided for assessment of the delinquent account against the respective property serviced. In preparing the Assessment Roll, the Town shall collect an administrative charged for each account as provided in Ordinance No. 54 (Fees & Charges). This Assessment 3

4 Roll shall be delivered to the Town Board for adoption on or before September 15 th of each year and upon approval thereof, the amount due shall be certified by the Town Clerk to the Auditor of Ramsey County before the 15 th day of October each year, and the Town in so certifying such charges to the County Auditor, shall specify the name of the owner of the premises, the description of the premises serviced, and the amount thereof. The amount so certified shall be extended by the auditor on the tax rolls against such premises in the same manner as other taxes. Such action may be optional or subsequent to using legal action to collect delinquent accounts. SECTION 10. DISCONTINUANCE OF SERVICE FOR ORDINANCE VIOLATION. The Town Board may have the water service shut off at any curb stop upon occurrence of any of the following: The owner or occupant of the premises served or any person working on any pipes or equipment thereon which are connected with the Town Water Supply System has intentionally violated any of the provisions of this Ordinance Unpaid charges for water, sewer, meter, meter parts or any other financial obligation imposed on the owner or occupant of the premises served Fraud or misrepresentation by the owner or occupant in connection with an application for service VACANT PROPERTY. To protect the health, safety, and welfare of its residents, and in order to protect the public water supply and/or private property, the Town Board hereby delegates to the Town Clerk the authority to authorize the Town water supply system to be immediately shut off at the curb stop, with such action to be ratified by the Town Board, upon determining that any of the following conditions exist: The property is vacant as defined in Ordinance No. 16 (Nuisance); The property is unsecured; The property is determined to be uninhabitable or unsuitable for occupancy; Other utilities to the property providing heat and/or light have been shut off; The property has plumbing that is failing or unsafe; 4

5 Running water to the property creates an unsanitary or unsafe condition to anyone who may enter the property; or Uncontrolled running water which is creating unsanitary or unsafe conditions that cannot be shut off at the curb stop and would require excavation at the curb stop location. This situation shall be considered a nuisance condition and shall be processed and abated in accordance with Ordinance No. 16, (Nuisance) Section 11 Emergency Abatement Procedure The water service shall not be turned on to the property until it has been approved by the Building Official or any agent designated by the Building Official, and all necessary permits have been issued and fees have been paid. The inspection fee shall be as set forth in Ordinance No. 54 (Fees & Charges). SECTION 11. INTERRUPTIONS TO WATER SUPPLY. The Town shall not be liable for any lack of water supply to its customers, in the event of repair of watermains or connection of new watermains or in the event of fire prevention, or any other cause, and such water supply may be interrupted for as long as is necessary to complete the necessary work. SECTION 12. RESPONSIBILITY OF OWNER. The Town or any of its officers or agents shall not be liable or responsible for freezing, faulty plumbing, leaking service connections or lines or damages caused thereby, directly or indirectly or the repairing, thawing or replacement thereof. The property owner is responsible for water lines from the house up to and including the corporation cock in the street All repairs to a property owners water line performed within the street right-of-way shall be done by or at the direct supervision of Town forces and the cost of which the property owner shall be responsible for. SECTION 13. ACCESS TO BUILDINGS. All water service through the Town Water Supply System shall be furnished through a water meter of the kind designated by the Town Board. All meters will be equipped with an outside reading device. The meter and outside reading device shall be installed in a location on the premises suitable for easy access for examination and reading, and safe from frost and other damage. All meters shall be under the control and supervision of the Town and shall be sealed by employees of the Town or persons delegated by them to perform that task If a water meter has not been installed at any property that has received reasonable notice, the property served by Township water shall be billed the residential non-metered water fee and the non-compliant fee as set forth in Ordinance No. 54 (Fees & Charges) until such time as water meter installation is complete. 5

6 13-2 The Town Board finds that the reading of water meters is necessary to accurately determine water usage and charges. The officers of the Town and every person delegated by them for that purpose shall have free access at reasonable hours of the day to all parts of every building and premises connected with the Town Water Supply System. However, if access to the water meter is denied, the property served by the water meter shall be billed the fixed fee rate plus the non-compliant fee as set forth in Ordinance No. 54 (Fees & Charges) until such time as the Town or its designee is permitted access to the building or premises At the written request of any owner a person designated by the Town may test or cause to be tested the meter supplying the premises. A meter testing fee in the amount set forth in Ordinance No. 54 (Fees & Charges) will be paid before the meter is tested. If the meter is found to be faulty, the meter testing fee may be returned. If the meter is found to be measuring water accurately, then the meter testing fee will be retained by the Township to pay for the testing. The result of such test will be reported to the owner If the testing of a meter as stated in Section 13-3, indicates that the register has caused overcharging to the owner, the owner may be refunded based on the corresponding quarter of the previous year, or if for any other reason the charge for such corresponding period cannot be justly applied, the charge will be equitably adjusted by a person designated by the Town The owner is prohibited from obstructing the meter so as to prohibit the reading or repairing of the meter It shall be unlawful for anyone to intentionally misread or tamper with any meter so as to avoid charges for water All water meters shall be obtained from the Township at the cost set forth in Ordinance No. 54 (Fees & Charges). SECTION 14. TAPPING OF MAINS PROHIBITED. No person except contractors employed or authorized by the Town or any of its officers or agents, shall tap any distributing main or pipe of the Town Water Supply System, or insert stop-clocks or ferrules therein. SECTION 15. EXCAVATING PERMITS REQUIRED. No person shall excavate in a public street to service a water main, make connections therewith, or for any purpose which will expose a water main, unless given a permit to do so by the Town or authorized to do so on behalf of the Town or any of its officers or agents. SECTION 16. CORPORATIONS AND SERVICE LINES. The corporation inserted in the distributing pipe must be of the size specified in the permit order. Every service pipe must be laid sufficiently waving to allow not less than one foot 6

7 of extra length, and in such manner as to prevent rupture by settlement. The service pipe must be placed not less than seven feet below the surface and in all cases so arranged as to prevent rupture from freezing. SECTION 17. CURB STOPS AND SHUT-OFF VALVES. Service pipes must extend from the main to the inside of the building, or if not taken into a building then to the hydrant or other fixtures which it is intended to supply. A curb stop assessable from the surface through a stand pipe without digging in all cases must be placed outside in a box located at a point not to exceed 2 feet from the property line or such other suitable place as the Town or any of its officers or agents or any of its officers or agents shall determine, and a shut-off or other shut-off value with waste, of the size and strength required, shall be placed close to the inside wall of the building, well protected from freezing. All curb stops, and shut-off values must conform to the specifications of the Town No unauthorized person shall operate a water curb stop connected to the Town s water system. SECTION 18. STREET OPENINGS. Street openings shall be made in a manner that will occasion the least inconvenience to the public, provisions must be made for passage of surface water along the gutters and one-half of the traveled portion of the street must be at all times in good and safe condition for passage of vehicles. All open excavations must be plainly marked at all times with barricades and protected when work is not actually in progress. Pipes or mains exposed to front or freezing temperatures shall be protected in such a manner that will prevent freezing of water therein. In addition to the penalties prescribed herein, any person responsible for exposing a Town main which shall be damaged by freezing, whether freezing temperature be foreseen or not, shall be liable to the Town for all damages caused by such freezing. SECTION 19. REFILLING OPENINGS. On refilling street openings made for tapping or other work on water mains or service pipes all of the earth must be replaced in the trench and thoroughly puddled or tamped, and the surface of the street shall be restored to as good order as it was before excavation, to the satisfaction of the Town or any of its officers or agents or any of its officers or agents. All dirt and debris from such work must be removed immediately from the public street. Any person or persons who shall neglect to comply with the requirements of this section within 24 hours after notice from the Town shall be liable to the Town for the full cost of restoring such excavated portions of said street to proper condition. SECTION 20. PRESSURE REQUIREMENTS. All appliances, boilers and fixtures shall be constructed of sufficient strength to withstand a working pressure of 100 pounds per square inch. Curb stops and other appurtenances must have sufficient strength to resist a similar pressure under similar circumstances. 7

8 SECTION 21. REPAIR OF LEAKS. In case of failure upon the part of any consumer or owner to repair any leak occurring upon said consumer s service pipe within 24 hours after verbal or written notice has been given upon the premises, water will be shut off from the same and will not be turned on until the repair has been completed. When the waste of water is great, or when damage is likely to result from the leak, the water will be turned off if the repair is not preceded with immediately upon the giving of such notice. SECTION 22. OLD CORPORATIONS PLUGGED. When new buildings are erected on the sites of old ones, and it is desired to increase or change the old water service, no connections with the mains shall be given until all the old corporations shall have been removed and the main plugged. If any contractor, workman or employee upon such building shall cause or allow any service pipe to be hammered together at the ends to stop the flow of water or save expense in removing such pipe from the main, the owner or contractor of the building shall be punished in accordance with Section 26 of this Ordinance. SECTION 23. EXCAVATIONS FOR TAPPING WATER MAINS. Excavations made for the purpose of making a tap from the Town water mains shall be at least 2 ½ feet wide by 4 feet long inside the curbing, said 4 feet to be measured from a point 6 inches beyond the side of the main opposite to that which is to be tapped and from said point toward the building with which said water connection is to be made. Such excavations shall extend to the depth of at least 12 inches lower than the bottom of the water main. Ample clear space shall be allowed around the main in all cases to insert the tapping machine. In case the excavation is not properly made, sufficient clear space is not provided, or the excavation improperly curbed, the tap shall not be made until the excavation clear space and curbing are proper and safe. A safe ladder shall be furnished by the person doing the work for the use of the inspector for the purpose of inspecting the connection to the Town s main. SECTION 24. SPRINKLING RESTRICTED HOURS. The use of the Town Water Supply System for lawn sprinkling and irrigation, shall be limited to the following hours and days for the entire year: Even numbered houses may use their Water System for the above stated uses only on even numbered days from 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m Odd numbered houses may use their Water System for the above stated uses only on add numbered days from 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. 8

9 The Town Board may, by resolution, revise the hours of sprinkling The Town Clerk may temporarily revise the hours for sprinkling when water system storage levels fall below the standards provided in the Town Community Water Supply Plan for an unreasonable period of time. The temporary revision of hours for sprinkling shall remain in effect until the next meeting of the Town Board. At its next meeting, the Town Board, by resolution, may adopt the revised hours or otherwise change the hours for sprinkling. If no action is taken by the Town Board, the hours for sprinkling shall return to the times provided in Sections and , or Section SPRINKLING VIOLATIONS Any person found to have violated the restricted sprinkling hours set out in Section 24-1 shall receive one written warning Any person found to have violated the restricted sprinkling hours set out in Section 24-1 two times within the same calendar year, shall receive a written sprinkling violation and will be charged a $40.00 Administrative Fee for the second and any following violations. The $40.00 fee will be added to their quarterly utility bill. This fee shall be in addition to any other penalties imposed by this Ordinance APPEAL PROCEDURE If any resident wishes to appeal their $40.00 Administrative Fee for violation of the sprinkling restrictions, the resident may provide the Town Clerk with a written request stating the circumstances surrounding the violation(s), and request that the Town Board reconsider the Administrative Fee. The matter will then be placed on a future meeting agenda of the Town Board for consideration At the meeting the objecting person may: (a). Appear and give their written or oral testimony; and/or (b). Give written or oral testimony of witnesses Town Board may give its decision orally at the meeting or at a later date. The Town Board shall: (a). Find for the objecting person and waive the $40.00 Administrative Fee; or 9

10 (b). Find against the objecting person and impose the $40.00 Administrative Fee; or (c). Find against the objecting person and suspend collection of the $40.00 Administrative Fee on the condition that no further sprinkling violations occur within a calendar year. However, in the event another sprinkling violation is received, the suspended fee, plus the additional fee, shall both be added to the person s quarterly utility bill. SECTION 25. PERMIT APPLICATIONS. No permit herein required shall be granted unless application therefore be made in writing and signed by the owner or his agent duly authorized to do the work. The application must state clearly the kind of service for which the connection is intended; the size and kind of pipe to be used, the street and number, which side of street if on a corner, on which street to be tapped, with a diagram of the property to be supplied, showing the streets, the boundary, the block on which it is situated, with the distance from the nearest corner, the full name and address of the owner, the purpose for which the water is to be used, the time when the ferrule is to be inserted, and the application shall show all other particulars necessary to the full understanding of the subject. No permit shall authorize anything not stated in the application. For any misrepresentation in such application, the permit may be suspended, and if the misrepresentation appears to be willful, the permit may be revoked INSPECTIONS. The Plumbing Inspector shall examine all applications before construction is begun, and after the construction, enlargement, alteration or repair is complete, the Plumbing Inspector shall be notified. It shall be unlawful to cover any affected lines until an inspection has been made and such connection and the work incidental thereto has been approved by the Town as a proper and suitable connection. It shall be the duty of the contractor and/or plumber to notify the Plumbing Inspector by telephone or in writing not less than eight (8) working hours between the hours of 7:00 a.m. and 4:30 p.m. before work is to be inspected or tested DAMAGE TO CURB STOP. Before any grading or excavation is started, the curb stop and stand pipe or riser shall be located and checked for damage by the Public Works Department at that time the connection permit is issued. The contractor assumes all responsibility for damage to the curb stop and stand pipe or riser unless the Public Works Department certifies the damage existed before excavation or grading is started. After backfilling and grading is completed, the contractor shall immediately notify the Public Works Department so that inspection can be made to insure that the curb stop and stand pipe or riser is not in a damaged or bent condition. SECTION 26. HYDRANT WATER SALES. Any person wishing to open any fire hydrant must first receive Township approval, and then pay the hydrant meter 10

11 deposit amount, permit fee, and rental fee, as set forth in Ordinance No. 54 (Fees & Charges). All water used in connection with the hydrant use will be billed at the commercial rate set forth in Ordinance No. 54 (Fees & Charges). SECTION 27. PENALTIES. Every person convicted of a violation of any provision of this Ordinance shall be punished as provided by Ordinance No. 26 (Maximum Fines). SECTION 28. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its passage and publication. Passed by the Town Board of the Town of White Bear, Ramsey County, Minnesota, this 2 nd day of February, ATTEST: APPROVED: ROBERT J. WEISENBURGER, Chairman WILLIAM F. SHORT, Clerk-Treasurer Board of Supervisors: ROBERT J. WEISENBURGER, Chairman RICHARD A. SAND, Supervisor WILLIAM R. MAMPLE, Supervisor Published in the White Bear Press February 11, Historical Notes 2013 Section 7-1 and 7-2 passed August 5, 2013, and effective August 14, 2013 by Mample (Chair); Kermes and Prudhon; Short (Clerk-Treasurer) Section 12, passed October 17, 2011, and effective October 26, 2011 by Mample (Chair); Kermes and Prudhon; Short (Clerk-Treasurer). Section 13, 17, and 26, passed May 16, 2011, and effective June 1, 2011 by Mample (Chair); Kermes and Prudhon; Short (Clerk-Treasurer) Sections, 1, 2, 3, 4, 5, 6, 7, 8, 9, 20, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, passed February 2, 2009, and effective February 11, 2009 by Weisenburger, (Chair); Sand, Mample; Short (Clerk-Treasurer) Section 23, passed December 1, 1997, and effective December 17, 1997 by Weisenburger, (Chair); Sand, Ford; Short (Clerk-Treasurer) Section 23, passed June , and effective June 28, 1995 by Weisenburger, (Chair); Sand, Ford; Short (Clerk-Treasurer). 11

12 1992 Sections 23C and 25, passed June 1, 1992, and effective June 10, 1992 by Weisenburger, (Chair); Sand, Pfeffer; Short (Clerk-Treasurer). Section 8, passed July 20, 1992, and effective August 5, 1992 by Weisenburger, (Chair); Sand, Pfeffer; Short (Clerk-Treasurer). Section 11, passed August 17, 1992, and effective August 26, 1992 by Weisenburger, (Chair); Sand, Pfeffer; Short (Clerk-Treasurer) Section 7B, passed April 15, 1991, and effective May 1, 1991 by Weisenburger, (Chair); Sand, Pfeffer; Short (Clerk-Treasurer) Section 23, passed March 21, 1988, and effective April 27, 1988 by Weisenburger, (Chair); Jungkunz, Sand; Malinen (Clerk-Treasurer) Section 8, passed July 28, 1980, and effective August 7, 1980 by Perron, (Chair), Sand, Jungkunz; Webber (Clerk-Treasurer). Section 8, passed October 6, 1980, and effective October 9, 1980 by Perron (Chair), Sand, Jungkunz; Webber (Clerk-Treasurer) Sections 12A, 24A and 24B, passed March 1, 1976, and effective March 11, 1976 by Perron, (Chair), Sand, Ransom; Rolph (Clerk-Treasurer) Section 8, passed February 3, 1975, and effective February 13, 1975 by Perron, (Chair), Sand, Ransom; Rolph (Clerk-Treasurer) Section 6, passed May 22, 1972, and effective June 1, 1972 by Rooney, (Chair), Perron, King; Rolph (Clerk-Treasurer) Sections 7, 11 and 23, passed May 8, 1961, and effective May 11, 1961 by Kumm, (Chair), ; Pope (Clerk-Treasurer) Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, originally passed February 4, 1960, and effective February 25, 1960 by Blair (Chair); Kumm and Hovey; Wright (Clerk-Treasurer). 12