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HomeMy WebLinkAboutOrdinance No. 3003-2018lhe eity of, KENAl~KA V" Sponsored by: Henry Knackstedt and Tim Navarre CITY OF KENAI ORDINANCE NO. 3003-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 17.10.010-MANDATORY CONNECTION AND ABANDONMENT OF OLD WELL, AND SECTION 17 .20.010 -MANDATORY CONNECTIONS AND ABANDONMENT OF OLD ON -SITE SEWER SYSTEMS, TO CHANGE THE MANDATORY CONNECTION REQUIREMENTS, WHEREAS, Kenai Municipal Code sections 17.10.01 O and 17.20.010 require property owners to connect to water and sewer mains respectively when a structure is within 200 feet of a main; and, WHEREAS , this requirement can cause unnecessary hardship to property owners when a main is not located in a right of way adjacent to the subject parcel; and, WHEREAS, it is a best construction practice to install water and sewer connections (service lines) perpendicular to the right of way, and not allow them to run parallel in the right of way; and, WHEREAS, it is in the best interest of the City to amend KMC 17.10.010 and 17.10.020 to require property owners to connect to water and sewer mains when a structure is within 200 feet of a main and the main is located in a right of way adjacent to the property; and, WHEREAS, in some cases it may be more desirable for property owners to pay a water and sewer fee and not actually connect to the available City water or sewer mains; and, WHEREAS, the City should allow as an alternative to a mandatory connection to the available water or sewer main, the requirement to pay the applicable water or sewer fee without having to actually connect as this option may be in the property owners best interest and keeps the utility and other utility users whole. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows : Section 1. Amendment of Section 17.10.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 17.10.010-Mandatory connection and abandonment of old well , is hereby amended as follows : 17.10.010 Mandatory C [CJonnection and ACA]bandonment of O[O]ld W[W]ell. (a) Except as provided in subsection (c) below, [l]it shall be mandatory for all structures susceptible to being or currently being a source from which water is being used, to be connected to the public water system provided that any part of the structure is or is to be within two hundred feet (200') of an existing public water main that is in a right-of-way or other applicable easement adjacent to the property line. Such distance shall be measured New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3003-2018 Page 2 of 3 by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b} It shall be mandatory for the owner, operator, or users of a private well supplying water to a structure to arrange and to pay for connection of said structure to the available municipal water system and the abandonment of well(s} no longer being utilized. Connections to the City water distribution system and abandonment of old well(s} shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells . (c} If a property owner does not connect to a public water main in a location that otherwise requires a property owner to connect as described above. the property owner shall pay the applicable water fee based on the use of the structure as if connected. A property owner cannot maintain a water well when the location of the well interferes with the City's ability to extend a sewer main in a right-of-way or easement. If a well is located in a location that would interfere with the Citv's ability to extend a sewer main. the property owner must connect to the City water main and appropriately abandon the well at the property owners cost. Section 1. Amendment of Section 17.20.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 17.20.010-Mandatory connections and abandonment of old on-site sewer systems, is hereby amended as follows: 17.20.010 Mandatory £[C]onnections and ~[A]bandonment of O[O]ld O[O]n-filS]ite §[S]ewer §[S]ystems. (a} Except as provided in subsection (c) below, [lli! shall be mandatory for all structures susceptible to being or currently being a source from which sewage may or is being generated, to be connected to the public sewage system provided that any part of the structure is or is to be within two hundred feet (200') of an existing public sewer main . Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (b} It shall be mandatory for the owner, operator, or users of a private sewer system to a structure to arrange and to pay for connection of said structure to the available municipal sewer system and the abandonment of the on-site sewer system no longer being utilized . Connections and extensions to the City sewer system and abandonment of the old on-site sewer system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public sewer systems and abandonment of old on-site sewer systems. (c) If a property owner does not connect to a public sewer main in a location that otherwise requires a property owner to connect as described above, the property owner shall pay the applicable water fee based on the use of the structure as if connected . ([C]g} If a sewer service customer has the reasonable possibility they will produce grease or oil-laden wastes, the customer's facility shall be provided with interceptors as required in the plumbing code. This includes any establishment that uses a deep fat fryer or cooking grease or oil. Grease , oil, and sand interceptors shall be provided when, in the opinion of City , they are necessary for the proper handling of wastewater conta ini ng grease and oil , or sand . All interception units shall be of type and capacity approved by the Building Official New Te xt Underlined; [DELETED T EXT BRACKETED] Ordinance No. 3003-2018 Page 2 of 3 and shall be so located to be easily accessible for cleaning and inspection . Such interceptors shall he inspected, cleaned, and repaired regularly, as needed, by the user at the customer's expense. The sewer service customer is required to keep an interceptor inspection, cleaning, and repair log which contains information as to the date , time, wh at is removed, quantity removed , who removed the material and how, when , and where the material from the interceptor is disposed of. Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7 th day of February, 2018. k '~ J ATTEST: BRIAN GABRIEL SR., MAYOR Introduced: January 17, 2018 Enacted: February 7, 2018 Effective: March 9, 2018 New Text Underlined; [DELETED TEXT BRACKETED] 'lftff~ 1<1/t~ a Pair~ Ct~ 1<1/t~ a h.ttJH-11 210 Fida Igo Ave, Kenai , Alaska 996 11-7794 Telephone : (907) 283-75351 Fax: (907) 283-3014 www.kena i.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai C ity Council Vice Mayor Navarre and Council Member Knacksted January 11, 2018 Mandatory Connections and Abandonment of Old Wells and On-site Sewers/Ordinance No. 3003-2018 Ordinance No . 3003-2018 is intended to relieve property owners in the City of certain hardships related mandatory connections to city water and sewer mains. Kenai Muncipal Code 17 .10.010 and 17.20.010 respectviely require property owners to connect to City water and sewer mains anytime the main is located within 200 feet of a structure on the subject property. In some cases this standard requires proeprty owners to connect to a main when the main is not in a right of way adjacent to the property. This can result in unreasonable expenses to a property owner, even requiring an individual property owner to pay for a main extension. Amending the standard to require a connection when a main is w ithin 200 feet of a structure and is in a right-of-way adjacent to the property will eliminate hardships related to mandatory connections in many cases. Ordinance No . 3003-2018 additionally provides that property owners who would otherwise be required to connect to a water or sewer main , must pay the applicable fee for use of the water or sewer if they do not connect. Essentially, the City would not force people to connect, but require them to pay as if connected . This may be a more desirable option for certain property owners given variances in existing utilities or other circumstances and is consistent with recent past practice of the City. However, because of required separation distances between a water well and sewer system, if the City were to extend a sewer main, but was unable to comp ly with the required separation distance due to an existing well, the Ord inance in Section 1. (17 .10.010(c)) requires the property owner to abandon the well and connect to the City's water at the property owner's expense. Your consideration is appreciated.