09.03 - Exhibit 5 - Draft Final Water Ordinance

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Section 15 -2.18. UNLAWFUL ACTS 1. Requirement to Connect to Public Water Utilitv. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes from which wastewater is discharged, and which is situated within the City and adjacent to any street, alley, or right -of -way in which there is now located, or may in the future be located, a public water utility of the City, shall be required at the owner(s) expense to install a suitable service connection to the public water utility in accordance with provisions of this Code, within ninety (90) days of the date said public water utility is operational, provided said public water utility is within 100 feet of the structure generating the wastewater. All future buildings constructed on property adjacent to the public water utility shall be required to immediately connect to the public water utility. If water utility connections are not made pursuant to this section, an official thirty (30) day notice shall be served instructing the affected property owner to make said connection. Notwithstanding the foregoing all properties that meet the requirement to connect to the public water utility must connect when the real estate is conveyed. 2. Failure to connect to public water utilitv. In the event an owner shall fail to connect to a public water utility in compliance with a notice given under this Chapter, the City must undertake to have said connection made and shall assess the cost thereof against the benefited property. Such assessment, when levied, shall bear interest at the rate determined by the City Council and shall be certified to the Auditor of the County of Crow Wing, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any remedial or enforcement provisions of this Chapter. 3. Failure of an owner to voluntarily connect to a public water utility in compliance with a notice given under this Chapter shall be deemed a public nuisance and a misdemeanor and shall be punishable upon conviction thereof in accordance with the laws of the State of Minnesota. The City may make the connection as a means of abating the nuisance and charge the cost back to the offending landowner with such cost to be collected and shall assess the cost thereof against the benefited property. Such assessment, when levied, shall bear interest at the rate determined by the City Council and shall be certified to the Auditor of the County of Crow Wing, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any remedial or enforcement provisions of this Chapter. 4. The City may also petition the District Court for a Court Order requiring the owner to connect to the public water utility and ordering the owner to connect within a reasonable amount of time to be established by the Court, or for an Order authorizing the City to make the connection. In the event the City petitions the Court for an Order directing the connection, either by the owner or the City, the