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HomeMy WebLinkAboutOrdinance No. 3091-2019Sponsored by : Council Member Knackstedt CITY OF KENAI ORDINANCE NO. 3091-2019 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 CLARIFY THE INTENT OF ORDINANCE 3003-2018 AND MAKE HOUSEKEEPING CHANGES . WHEREAS , Ordinance 3003-2018 was enacted February 7, 2018 limiting the mandatory water and sewer connection requirements in KMC 17.10.010 and 17.20.010 to s ituations where a mainline is located in a right-of-way or other applicable easement 200 feet or less from a structure and providing an alternative payment option in lieu of a connection; and, WHEREAS, further review of the water and sewer connection requirements demonstrate that to accomplish the intended purpose of Ordinance 3003-2018 additional code changes are required; and, WHEREAS , clarifying that the actual public water and sewer mains must be adjacent to a property line on either side of the right of way or easement and not just 200 feet from the applicable structure in a right of way or easement that is adjacent to the property line trigger a connection requirement is necessary; and , WHEREAS, other housekeeping changes are needed to effectuate the intent of the Ordinance . 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 .10.10 Mandatory Connection and Abandonment of O ld Well. (a) Except as provided in subsection (c) below, 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 adjacent to the property line [THAT IS] in a right-of-way or other applicable easement (on either side of the right-of-way or easement) [ADJACENT TO THE PROPERTY LINE]. 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 well supplying water to a structure to arrange and to pay for connection of said structure to the available municipal New Text Underlined; [DELETED TE XT BRACKETED] Ordinance 3091-2019 Page 2 of 3 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 locatio n 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 City's ability to extend a sewer main , the property owner must connect to the City water main and a ppropriately abandon the well at the property owners cost. Section 2. 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 Connections and Abandonment of Old On-Site Sewer Systems. (a) Except as provided in subsection (c) below it shall be mandatory for all structures susceptible to being or current ly 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 adjacent to the property line in a right-of-way or other applicable easement (on either side of the right- of-way or easement). Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required . I (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] sewer fee based on the use of the structure as if connected. (d) 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 containing grease and oil , or sand. All interception units shall be of type and capacity approved by the Building Official 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 requ ired to keep an interceptor inspection , cleaning , New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 3091-2019 Page 3 of 3 and repair log which contains information as to the date , time, what 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 enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , this 5 th day of October, 2019. ATIEST: Introduced : October 2, 2019 Enacted : October 16, 2019 Effective: November 15, 2019 New Te xt Underlined; [DELETED TEXT BRACKETED] (((ltfl'tlfe U1/tlv a PaJ't, Ct'tj U1/t/v a f"a.ttl.l"e" 210 Fidalgo Ave , Kenai , Alaska 99611 -7794 Telephone: (907 ) 283 -7535 I Fax : (907) 283 -3014 www. kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Gabriel and Kenai City Council Council Member Knackstedt September 26, 2019 Ordinance No. 3091-2019 Ordinance No 3091 -2019 clarifies the intent of Ordinance 3003-2018 that limited the mandatory water and sewer connection requ irements in KMC 17.10.010 and 17.20.010 to situations where a main line is located in a right-of-way o r other applicable easement 200 feet or less from a structure and providing an alternative payment option in lieu of a connection . The original ordinance was enacted in response to unreasonable hardships the prior code language imposed on property owners in certain situations where mains were located within 200 feet of structures but were not in adjacent rights-of ways to the property. The clarification in this Ordinance is that in order to trigger the mandatory connection requirement there must be a main line adjacent to the property line in a right- of-way or easement and the line must within 200 feet of the applicable structure. The prior language did not specify that the main line had to be adjacent to the property line, only that the right-of-way or easement had to be adjacent to the property line . The prior language could result in situations where a property owner runs a connection to a right- of-way or easement and then down the right-of-way or easement to connect to a main that is not adjacent to the property. The City does not want connections running down rights-of-ways or easements. The two scenarios are demonstrated below: Ordinance 3003-2018 Ordinance 3091-2019 House 0-cpr hection I ROW Conneeti pn Main ROW l ___ __...M ... a ..... in~ Ordinance 3091-2019 Page 2 of 2 The house keep ing amendments include adding the limiting language in 17.20 .010 (a) regarding the main being in t he right-of-way or an easement that was inadvertently left out of the prior Ordinance and chang ing the reference to water fee to sewe r fee in 17 .20 .01 O(c ). Your consideration is appreciated .