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HomeMy WebLinkAbout2007-07 Amending Chapters 1 and 11 of the Edina City code Concerning Water Emergencies and Irrigation Bans ORDINANCE NO. 2007-07 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1 AND 11 OF THE EDINA CITY CODE CONCERNING WATER EMERGENCIES AND IRRIGATION BANS THE CITY COUNCIL OF EDINA, MINESOTA ORDAINS: SECTION 1. Section 1115.02 of the Edina City Code is amended to provide: "1115.02. Irrigation Ban. , Irrigation means using an in-ground irrigation system, mechanical sprinkler attached to a hose or an unattended hose. It does not include hand watering or watering with a hand held hose. City water may be used for irrigation subject to the following: Subd. 1. Even Numbered Addresses. All properties with an address ending with an even digit may use city water for irrigation purposes on even-numbered dates only. Subd. 2. Odd Numbered Addresses. All properties with an address ending with an odd digit may use city water for irrigation purposes on odd-numbered dates only. Subd. 3. Notwithstanding Subd. 1 and Subd. 2, Homeowners' associations and apartment complexes that provide a common irrigation system may ater eves other day on a day designated by the owner if they registered in advance with the City's Public Works Department. Subd. 4. No Mid-day Watering. No property may use any water for irrigation purposes during the hours of 11:00 AM through 5:00 PM of any day. Subd. 5. Exempt Properties. Upon written request and approval by the City Manager, or his designee the following_properties are authorized to irrigate at times other than permitted in Subd. 1, 2,3, and 4 hereof: 1. Nurseries and similar businesses that grow plants, trees or sod for resale; 2. City owned playfields and parks; 3. Newly sodded or grass seeded areas for a period of fourteen days 14 days. Subd. 6. Exempt Water Sources. The requirements of Subd. 1, Subd. 2, Subd. 3, Subd. 4, and Subd. 5 shall not apply to irrigation with privately owned wells or irrigation with water supplied from the City of Minneapolis." SECTION 2. Section 1115.03 of the Edina City Code is amended to provide: "1115.03. Penalty. Any violatien of this SeEtien shall be a petty misdemeanor, Failure to comply with restrictions or prohibitions imposed by this Section shall result in a surcharge for water service for each day of violation in an amount set forth in Section 185 of the City Code 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 surchargeT" SECTION 3. Section 185.02 Schedule A of the Edina City Code is amended by adding the following: SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 1115 1115.03 Water Surcharges Surcharges for violating the Irrigation Bans are determined based on the number of water restriction violations issued to an owner in the previous three years and are as follows: First offense-Written warning Second offense-$50 Third offense-$100 Fourth offense-$200 Each additional offense (five or more) -$300 SECTION 4. This ordinance shall take effect from and after its passage and publication. First Reading: May 1, 2007 Second Reading: May 15,2007 Published: May 24,2007 Attest0 A114,1tkZA Debra A. Mangen,City Clerk) es ov and,Mayor City of Edina (Official Publication) ORDINANCE NO.2007-07 �---- --tee CITY OF EDINA HENNEPIN COUNTY,MINNESOTA newspapers AN ORDINANCE AMENDING CHAPTERS 1 AND 11 OFTHE EDINA CITY CODE CONCERNING WATER EMERGENCIES AND IRRIGATION BANS AFFIDAVIT OF PUBLICATION THE CITY COUNCIL OF EDINA,MINESOTA ORDAINS: STATE OF MINNESOTA ) SECTION 1. Section 1115.02 of the Edina City Code is amended to provide: SS. "1115.02. Irrigation Ban. Irrigation means using an in- ground irrigation system,mechanical sprinkler attached to a hose or an unattended hose. It does not include hand wa- COUNTY OF HENNEPIN ) tering or watering with a hand held hose.City water may be used for irrigation subject to the following: Richard Hendrickson, being dui Subd.1. Even Numbered Addresses. All properties with an address ending with an even digit may use city water g y sworn On for irrigation purposes on even-numbered dates only. an oath,states or affirms that he is the Chief Subd.2. Odd Numbered Addresses. All properties with an address ending with an odd digit may use city water for Financial Officer of the newspaper known as irrigation purposes on odd-numbered dates only. Sun-Current Subd.3. Notwithstanding Subd 1 and Subd 2 Homeowners'associations and apartment complexes that provide a and has full knowledge of the facts stated common irrigation system may water every other day on a day designated by the owner if they registered in advance below: with the City's Public Works Department. A cpm Subd 4 No Mid-day Watering No property may use any water for irrigation purposes during the hours of 11.00 AM ( )The news a er P P has P Iled with all of through 5:00 PM of any day. the requirements constituting qualifica- Subd 5 Exempt Properties Upon written request and approval by the City Manager,or his designee the following tion as a qualified newspaper as provid- properties are authorized to irrigate at times other than permitted in Subd 1 2 3 and 4 hereof: ed by Minn. Stat. §331A.02, §331A.07, 1. Nurseries and similar businesses that grow plants trees or sod for resale: and other applicable laws as amended. 2. City owned playfields and parks; (B)The printed public notice that is attached 3. Newly sodded or grass seeded areas for a period of fourteen days(114)days was published In the newspaper once Subd.6. Exempt Water Sources. The requirements of Subd.1,Subd.2,Subd.3.Subd.4.and Subd.5 shall not each week, for one successive apply to irrigation with privately owned wells or irrigation with water supplied from the City of Minneapolis" week(s);it was first published On Thurs- SECTION 2. Section 1115.03 of the Edina City Code is amended to provide: day,the 24 day Of May °'1115.03. Penalty. . Failure to comply with restrictions or pro- 2007, and was thereafter printed and hibitions imposed by this Section shall result in a surcharge for water service for each day of violation in an amount set published on ever Thursday t0 and In- forth in Section 185 of the City Code which shall be added to the water bill for the premises on which such violation oc- P Y Y curs The City Manager,or his designee shall mail a Notice of Surcharge to the violator upon imposition of a surcharge" cluding Thursday, the ____ day Of SECTION 3. Section 185.02 Schedule A of the Edina City Code is amended by adding the following: ,2007;and printed SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT below is a copy of the lower case alpha- 1115 1115.03 Water Surcharges Surcharges for violating the Irrigation Bans are bet from A to Z, both Inclusive, which IS determined based on the number of water hereby acknowledged as being the size restriction violations issued to an owner in the and kind of type used in the composition previous three years and are as follows: apublication Of the notice: First offense—Written warning and P Second offense-$50 Third offense-$100 abcdefghijklmnopgrstuvwxyz Fourth offense-$200 Each additional offense(five or more)-$300 SECTION 4. This ordinance shall take effect from and after its passage and publication. First Reading: May 1,2007 Second Reading: May 15,2007 BY: Published: May 24,2007 CFO Attest Debra A.Mangen.City Clerk James B.Hovland.Mayor (May 24,2007)d1-Ord 2007-07 Sprinkling Ban Subscribed and sworn to or affirmed before me on this 24 day of May 12007. v� Notary Public E MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1-01-09 -000 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line