HomeMy WebLinkAboutOrdinance - 23-2001 - Amending City Code 3.30, Water Restrictions - 06/19/2001 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 23-2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,AMENDING CITY
CODE CHAPTER 3,RULES AND REGULATIONS RELATING TO WATER SERVICE,
BY AMENDING SECTION 3.30, SUBDIVISION 6 AND ADDING SECTION 3.30
SUBDIVISION 12 RELATING TO ESTABLISHMENT OF STANDARDS FOR WATER
USAGE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
3.99,WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA ORDAINS:
Section 1. City Code Chapter 3 is amended by amending Section 3.30, Subdivision 6
entitled"Water Emergencies" as follows:
Subd. 6. Water Emergencies.
A. Whenever in the judgment of the City Manager, or his designee,the water pressure and
available water in the municipal water system reaches a level which endangers the public health
or safety of residents and other persons in the City,he may declare a state of water emergency
which shall continue until such time as he shall determine that the danger to public health or
safety no longer exists. Forthwith upon the declaration of a state of water emergency notice
thereof shall be given to the news media, and all orders of the City Manager, or his designee,
issued pursuant thereto shall be enforced after one hour has elapsed from the time of such notice.
B. During the existence of a state of water emergency the City Manager, or his designee,
may,by order,impose restrictions on sprinkling, irrigation or other utilization of water from the
City's municipal water system including,but not limited to: (1)total prohibition of watering,
sprinkling, or irrigation of lawn, grass or turf(hereinafter referred to as"irrigation")or(2)
prohibition of irrigation on alternating days or during certain hours.
C. "Municipal water system"means City owned wells,pipes, storage,treatment and related
facilities for producing, storing and distributing water.
D. Failure to comply with restrictions or prohibitions imposed by the City Manager, or his
designee, shall result in a surcharge for water service for each day of violation in an amount
determined by resolution of the City Council which shall be added to the water bill for the
premises on which such violation occurs. The City Manager, or his designee, shall mail a Notice
of Surcharge to the violator upon imposition of a surcharge. Continued violations after receipt of
the Notice of Surcharge shall be cause for discontinuance of water service to such premises.
Receipt of the Notice of Surcharge shall be presumed three(3)days after mailing by the City
Manager, or his designee.
E. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.
Section 2. City Code Chapter is amended by adding Section 3.30 Subdivision 12 as
follows:
Subd. 12. Water Use Restrictions.
A. A person may water, sprinkle,irrigate, or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf(hereinafter referred to as"irrigation"or"irrigate")
only on alternating days.
B. Alternating days means that residents with an address ending in an odd number may
irrigate only on odd-numbered days of the month and residents with an address ending in an even
number may irrigate only on even-numbered days of the month.
C. No person may water, sprinkle,irrigate, or otherwise use water from the City's Municipal
Water System for lawn areas,grass, or turf during the hours of 12:01 p.m.through 5:00 p.m. of
any day.
D. Upon written request and approval by the City Manager, or his designee, and subject to
such terms and conditions imposed by the City Manager,or his designee,with respect to such
approval, the following persons may be authorized to water, sprinkle, irrigate or otherwise utilize
water from the City's municipal water system at times other than as permitted in Subparagraph A
and B hereof-
1. Any person owning or operating a commercial or business enterprise whose economic
well-being is dependent upon irrigation of a lawn, grass or turf owned, leased or operated by it;
2. Employees and agents of the City,in such instances wherein lawn, grass or turf used for
play fields or areas owned and operated by the City require more frequent irrigation to prevent
unreasonable damage thereto;
3. Owners and lessees (their employees and agents) of lands newly sodded or grass seeded
which requires irrigation to prevent loss of new sod, seed or immature turf or grasses for a period
of thirty(30) days.
E. Failure to comply with restrictions or prohibitions imposed by this subdivision shall result
in a surcharge for water service for each day of violation in an amount determined by resolution
of the City Council which shall be added to the water bill for the premises on which such
violation occurs. The City Manager, or his designee, shall mail a Notice of Surcharge to the
violator upon imposition of a surcharge. Continued violations after receipt of the Notice of
Surcharge shall be cause for discontinuance of water service to such premises. Receipt of the
Notice of Surcharge shall be presumed three(3)days after mailing by the City Manager, or his
designee.
F. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.
Section 3. City Code Chapter 1 entitled"General Provisions and Definition Applicable
to the Entire City Code Including Penalty for Violation"and Section 3.99 entitled"Violation a
Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
19th day of June, 2001, and finally read and adopted and ordered published at a regular meeting
of the City Council on the 1 Oth day of July,2001.
/4
*fh �' Porta, City Clerk ;ean .Harris,Mayor
PUBLISHED in the Eden Prairie News on the day o BQ
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
ORDINANCE NO. 23-2001
AN ORDINANCE OF THE CITY OF
EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE
CHAPTER 3,RULES AND
REGULATIONS RELATING TO
WATER SERVICE,BY AMENDING
SECTION 3.30,SUBDIVISION 6
AND ADDING SECTION 3.30
SUBDIVISION 12RELATINGTO
ESTABLISHMHMENTNTOFAffidavit of Publication
OF
STANDARDS FOR WATER USAGE
AND ADOPTING BY REFERENCE Southwest Suburban Publishing
CITY CODE CHAPTER 1 AND
SECTION 3.99,WHICH AMONG
OTHER THINGS, CONTAIN
PENALTY PROVISIONS. State of Minnesota
THE CITY COUNCIL OF THE )SS.
CITY OF EDEN PRAIRIE,
MINNESOTA ORDAINS: County Of Hennepin
Section 1. City Code Chapter 3 is
amended by amending Section 3.30,
Subdivision 6 entitled
"Water Emergencies"as follows: Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
Subd. 6. Water Emergencies. the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
A. Whenever in the judgment of as follows:
the City Manager, or his designee, the
water pressure and available water in the
(A)This newspaper has complied with the requirements constituting qualification as a legal
municipal water system reaches a level
which endangers the public health newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
amended.
safety of residents and other persons in
the City,he may declare a state of water
(B)The printed public notice that is attached to this Affidavit and identified as No
emergencywhichshallcontinueuntiksuch
time as he shall determine that the danger was published on the date or dates and in the newspaper stated in the attached Notice and said
to public health or safety e t longer exists. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
Forthwith upon the declaration ere state the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
of Forthwwater ithcy
thereof of a statll e inclusive,and is hereby acknowledged as being the kind KtanRo1fsr;ud,Gen2eraIManager
given to the news media,and all orders of and publication of the Notice:
the City Manager,or his designee,issued abcdefghijklmnopgrstu
pursuant thereto shall be enforced after
one hourhas elapsed from the time of such
notice.
B. During the existence of a state By:
of water emergency the City Manager,or er
his designee, may, by order, impose
restrictions on sprinkling, irrigation or or his designated agent
other oril4 water from the City's Subscribed and sworn before me on
municipal water system including; but
not limited to: (1) total prohibition of
watering,sprinkling,or irrigation of lawn, //QQ
grass or turf(hereinafter referred to as this=da of ,2001
irrigation")or(2)prohibition of irrigation y �r�Ei4=,J �BUEI�Z
on alternating days or during certain hours.
C. "Municipal water system" rIOTAWPU�'ZUC t UINESOTA
, �,
%
means City owned wells,pipes,storage, ' 31,205
treatment and related facilities for "w
producing,storing and distributing water.
D. Failure to comply with Notary Public
restrictions or prohibitions imposed by
the City Manager,or his designee,shall
result in a surcharge for water service for
each day of violation in an amount
determined by resolution of the City
Council which shall be added to the water RATE INFORMATION
bill forthe premises on which such violation Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch
occurs.The City Manager,orhis designee,
shall mail a Notice of Surcharge to the Maximum rate allowed by law for the above matter................................$20.00 per column inch
violator upon imposition of a surcharge. Rate actually charged for the above matter.................................................$9.75 per column inch
Continued violations after receipt of the
Notice of Surcharge shall be cause for
discontinuance of water service to such
premises. Receipt of the Notice of
Surcharge shall be presumed three (3)
days after mailing by the City Manager,
or his designee.
E. Unlawful Act. It is a petty
misdemeanor for any person to violate
any provision of this Subdivision.
Section 2. City Code Chapter is
amended by adding Section 3.30
Subdivision 12 as follows:
Subd. 12. Water Use Restrictions.
A. A person may water,sprinkle,
irrigate,or otherwise use water from the
City's Municipal Watcr System for lawn
areas,grass,or turf(hereinafter referred to
as "irrigation" or "irrigate") only on
alternating days.
B. Alternating days means that
residents with an address ending in an odd
number may irrigate only on odd-numbered
days of the month and residents with an
address ending in an even number may
irrigate only on even-numbered days of
the month.
C. Nopersonmay water,spri de,
irrigate,or otherwise use water from the
City's Municipal Water System for lawn
areas,grass,or turf during the hours of
12:01 p.m,through 5:00 p.m.of any day.
D. Upon written request and
approval by the City Manager, or his
designee,and subject to such terms and
conditions imposed by the City Manager,
or his designee, with respect to such
approval,the following persons may be
authorized to water,sprinkle,irrigate or
otherwise utilize water from the City's
municipal water system at times other
than as permitted in Subparagraph A and
B hereof:
1. Any person owningor operating
acommercial or business enterprise whose
economic well-being is dependent upon
irrigation of a lawn,grass or turf owned,
leased or operated by it;
2. Employees and agents of the
City, in such instances wherein lawn,
grass or turf used for play fields or areas
owned and operated by the City require
more frequent irrigation to prevent
unreasonable damage thereto;
3. Owners and lessees (their
employees and agents) of lands newly
sodded or grass seeded which requires
irrigation to preventloss of new sod,seed
or immature turf or grasses fora period of
thirty (30) days.
E. Failure to comply with
restrictions or prohibitions imposed by
this subdivision shall result in a surcharge,
for water service for each day of violation
in an amount determined by resolution of
the City Council which shall be added to
the water bill for the premises on which
such violation occurs.The City Manager,
or his designee, shall mail a Notice of
Surcharge to the violator upon imposition
of a surcharge.Continued violations after
receipt of the Notice of Surcharge shall be
cause for discontinuance of water service
to such premises. Receipt of the Notice
of Surcharge shall be presumed three(3)
days after mailing by the City Manager,
orhis designee.
F. Unlawful Act. It is a petty
misdemeanor for any person to violate
any provision of this Subdivision.
Section 3. City Code Chapter I
entitled "General Provisions and
Definition Applicable to the Entire City
Code Including Penalty for Violation"and
Section 3.99 entitled "Violation a
Misdemeanor"are hereby adopted in their
entirety,by reference,as though repeated
verbatim herein.
Section4.This ordinanceshallbecome
effective from and after its passage and
publication.
FIRST READ at a regular meeting of
the City Council of the City of Eden
Prairie on the 19th day of June,2001,and
finally read and adopted and ordered
published at a regular meeting of the City
Council on the loth day of July,2001.
Jean L.Harris,Mayor
Kathleen Porta,City Clerk
(Published in the Eden Prairie News on
Thursday,July 19,2001;No.3742)