City of Brownton - Hearing Notice

City of Brownton

Hearing Notice on Adopting City Ordinance Code

TO WHOM IT MAY CONCERN:
Minnesota Statutes Sections 415.02 and 415.021 authorize the city to codify its ordinances and print them in a book.
Notice is hereby given that the council of the City of Brownton, Minnesota, will meet at 7:00 p.m. on December 1st, to consider, and possibly adopt, a city code consisting of the general ordinances of the city as amended, restated, revised, updated, codified, and compiled in book form, including penalties for the violations of various provisions thereof, which shall constitute the “Code of Ordinances of the City of Brownton.” This Code of Ordinances will also adopt by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances.
The proposed Code of Ordinances shall consist of the following titles:
An Ordinance Requiring Point-Of-Sale Completion of a Sewer Service Compliance Inspection.
The City Council of the City of Brownton does ordain as follows:
No property owner with a connection to the City sanitary sewer shall sell, transfer or assign, or contract to sell the property without providing a copy from the city indicating compliance with the city’s statutory sewer regulations, including regulations regarding the discharge of clear water.
1. Prior to closing, unless the property owner already has a completed sewer service inspection, the seller must obtain and submit a completed SEWER SERVICE COMPLIANCE INSPECTION form to the City. If a property owner has an approved compliance form which is less than 5 years old, a new sump pump inspection isn’t required.
2. Upon receipt of a properly executed application for Sewer Service Compliance Inspection, the Public Works Supervisor shall determine whether the private service line is in compliance with City guidelines. The sanitary service shall be deemed to be in compliance with City guidelines for sanitary services if the sanitary line is in proper working order, as demonstrated by televising the sanitary service to the City’s sanitary sewer line. In the event of multi-family residential, scaled commercial or industrial developments, this includes all private lines and potential sources of infiltration and inundation on the parcel. Also, there shall be no sump pumps, roof drains, or other non-domestic sewer connection to the sanitary line. The applicant shall be responsible for the cost of and scheduling of the inspection.
3. The City shall maintain a list of Contractors that are approved by the Public Works Supervisor to perform the Sewer Service Compliance Inspection form.
4. In the event that the transaction takes place when the ground is frozen or the seller cannot make the appropriate corrections, the proposed purchaser may take occupancy of the dwelling or structure prior to the approval of a Sewer Service Compliance Inspection form, by filing an executed written agreement by the seller and prospective purchaser. The prospective purchaser shall have 1 year from the date of closing to complete the necessary corrective action. In order to obtain approval of a pending Sewer Service Compliance Inspection form, an escrow shall be established at 1.5 times the estimated cost to complete the corrective action with the City or with the title company conducting the closing.
5. A Sewer Service Compliance Inspection issued under this ordinance shall be effective for 5 years.
6. For houses constructed in the past 10 years, the Public Works Supervisor may, at his or her discretion, approve the Sewer Service Compliance Inspection form without requiring televising the service line. A walk through inspection will still be required.
7. Any property owner who fails to obtain a Sewer Service Compliance Inspection shall be subject to a civil penalty as determined by the City Council from time to time. Each month a property owner is in violation of this ordinance shall be deemed a separate offense.
All prior ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date of the ordinance adopting the Code of Ordinances, except as they are included and re-ordained in whole or in part in the Code of Ordinances. This repeal shall not affect any offense committed or penalty incurred, or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes; appropriating money; annexing or detaching territory; establishing franchises; granting special rights to certain persons; authorizing public improvements; authorizing the issuance of bonds or borrowing of money; authorizing the purchase or sale of real or personal property; granting or accepting easements, plat or dedication of land to public use; or vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances.
The official copy of this Code of Ordinances shall be marked and be kept in the office of the city clerk.
The Code of Ordinances will be declared to be prima facie evidence of the law of the city, and will be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota.
The ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon publication of the ordinance adopting the Code of Ordinances in the city’s official newspaper.

Approved by: ____________________________
Norman Schwarze, Mayor

Attest: _____________________________
Lori Cacka, City Clerk

(Published in The McLeod County Chronicle November 18, 2020)