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Chapter IV. Water and Sewer  

Part 1.  General Provisions on Water

and Sewer Systems - City of Askov

  401.01.  Use of water or sewer system restricted.  No person other than an Askov city employee shall uncover or make or use any water or sewer service installation connected to the city water or sewer system except pursuant to application and permit as provided in this chapter.  No person shall make or use any such installation contrary to the regulatory provisions of this chapter.  

401.02.  Applications for service.  Subdivision 1.  Procedure.  Application for a water or sewer service installation and for water service shall be made to the water and sewer commissioner on forms approved by the council and furnished by the city.  The applicant's signature shall be an agreement to conform to this chapter and to rules and regulations that may be established by the city as conditions for the use of water.  

  Subd. 2.  Fees or deposit.  Application for a service installation shall be made by the owner of the property to be served or by the owner's agent.  The applicant shall at the time of making application pay to the city the amount of the fees or deposit required for the installation of the service connection as provided in this chapter.  When a water service connection has been installed, application for water service may be made either by the owner or the owner's agent or by the tenant or occupant of the premises.  

401.03.  Charges for service connections.  Subdivision 1.  Permit and fee.  No connection shall be made to the city water or sanitary sewer system without a permit received from the clerk.  The fee for each such permit shall be $400.00 for a water main connection permit and $400.00 for a sewer connection permit.   These fees shall be in addition to any fees required under subdivisions 3, 4, and 5.  

  Subd. 2.  Connection fees.  When a connection requires installation of a service line from the main to the property line, the applicant for a permit shall pay to the city an amount not less than the cost of making the necessary connections, taps, and installation of pipe and appurtenances to provide service to the property and the necessary street repairs.   (At present this cost is included in the connection permit fee above.)  

  Subd. 3.  Certification.  No permit shall be issued to connect with any water or sanitary sewer main unless the clerk certifies to the truth of one of the following or the payment required under subdivision 4 is made:  

  a.  That the lot or tract to be served has been assessed for the cost of construction of the main with which the connection is made or that proceedings for levying such assessment have been or will be commenced in due course; or  

  b.  That the cost of construction of the main has been paid by the developer or builder platting the lot or tract; or  

  c.  That, if neither of the foregoing is true, a sum equal to the portion of the cost of constructing the main which would be assessable against the lot or parcel has been paid to the city.  

  Subd. 4.   Additional connection fee.  If no such certificate can be issued, the applicant shall pay an additional connection fee equal to the portion of the cost of construction of the main upon the same basis as any assessment previously levied against other property for the main.  The determination shall be made by the council.  If no such assessment has been levied, the assessable cost shall be determined upon the basis of the uniform charge which may have been or will be charged for similar connection with the main.  The amount shall be determined on the basis of the total assessable cost of the main allocated on the basis of frontage or other equitable means.  

401.04. Accounting, billing, and collecting.  Subdivision 1.  Owner responsibility.  The owner shall be liable for water supplies or sewer service provided to the owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property.  

  Sub. 2.  Bills for service.  Water and sewer service charges shall be billed together.  Bills shall be mailed to the customers quarterly and shall specify the sewer and water charges in accordance with the rates set out in this chapter.  (Those customers choosing to be on a debit memo basis will have water and sewer charges deducted from their checking accounts monthly.)  

  Subd. 3.  Delinquent accounts.    All charges for water and sewer shall be due on the quarterly due date specified by the city for the respective account and shall be delinquent 30 days thereafter.  The city shall endeavor to collect delinquent accounts promptly.  In any case, where satisfactory arrangements for payment have not been made, the clerk may, after the procedural requirements of subdivision 4 have been complied with, cause a discontinuance of service to the delinquent customer by shutting off the water at the stop box.  When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent bills and a fee of $50.00.  Delinquent account shall be certified to the city clerk who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served.   The assessment roll shall be delivered to the council for adoption on or before October 1 of each year for certification to the county auditor for collection along with taxes.  Such action is optional and may be subsequent to taking legal action to collect delinquent accounts.  

  Subd. 4.  Procedure for shutoff of service.  Water shall not be shut off under Subdivision 3 or for a violation of rules and regulations affecting utility service until notice and an opportunity for a hearing have first been given the occupant of the premises involved.  The notice shall be personally served (or mailed Certified Mail with Return Receipt) and shall state that if payment is not made before a day stated in the notice but not less than 10 days after the date on which the notice is given, the water supply to the premises will be shut off.  The notice shall also state that the occupant may, before such date, demand a hearing on the matter, in which case the supply will not be cut off until after the hearing.  If the  customer requests a hearing before the date specified, a hearing shall be held on the matter by the council at least one week after the date of the request.  If as a result of the hearing, the council finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this ordinance, the city may shut off the supply.  

401.05.  Protection of public and city.  Subdivision 1.  Permit and bond.  A permit for construction and connection of the extension between a building drain and the sewer main or stub herein called the building sewer, or for construction of a water main or stub, shall be issued only upon application by a person who has furnished a bond either to the clerk or to the secretary of state under Minn. Stat. 326.40.  The bond shall be in the amount of $2,000 conditioned so as to secure compliance by the principal with the provisions of this code and further secure the person's performance of all work undertaken within the city.  

  Subd. 2.  Liability insurance.  Before undertaking the construction work authorized by the permit, the person shall secure and maintain a policy of insurance against damages to the property or injury or death to individuals.  The policy shall indemnify and save harmless the city and its personnel against any claim, damages, or cause of action arising out of the work and from any expenses of defending the same.  The property damages insurance coverage shall be in the amount of at least $200,000 and the public liability damage for injury or death shall be in the amount of at least $200,000 per claimant and $600,000 for any number of claims per occurrence.  Proof of such insurance shall be filed with the city prior to construction work and such policy shall provide that the city shall be notified immediately of any termination or modification of such insurance.  If the insurance coverage be inadequate in amount, the person shall indemnify and save harmless the city and its personnel in like manner.  

  Subd. 3.  Indemnification by owner.  The owner shall bear the costs and expenses incident to the installation and connection of the building sewer or extension of water service to private property.  The owner shall indemnify the city for any loss or damage directly or indirectly caused by its installation.  The water and sewer commissioner shall establish rules and regulations for the proper implementation of these requirements which, when approved by the council by resolution, shall govern the installation of building sewers and connections.