Ordinance No. 067D Individual Septic Systems

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not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease -and -desist order lifted. Section 28. Prosecution. In the event of a violation or threatened violation of this Ordinance, the City may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct, or abate such violations or threatened violations and the City Attorney shall have authority to commence such civil action. The Department and City Attorney may take such actions as may be necessary to enforce the provisions of this Ordinance. Section 29. State Notification of Violation. In accordance with state law, the Department shall notify the MPCA of any inspection, installation, design, construction, alteration, or repair of a SSTS by a licensed/ce 1 iified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there is known contamination of groundwater, the city also may notify the MDH for a possible well advisory. Section 30. Costs and Reimbursements. If the Department is required to remove or abate an imminent threat to public health or safety, the Department may recover all costs incurred in removal or abatement in a civil action, including legal fees; at the discretion of the City Council, the cost of an enforcement action under this Ordinance may be assessed against the real property on which the public health nuisance was located. Section 31. Record Keeping. The City shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, Certificates of Compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the City sorted by licensed installation businesses, and other records relevant to each system. Section 32. Annual Report. The Department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year. Section 33. Fees. From time to time, the City Council shall establish fees for activities undertaken by the Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined by the Department. Section 34. Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Section 35. Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force. Section 36. Abrogation and Greater Restrictions This Ordinance replaces Ordinance No. 67C in its entirety. All other Ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. Section 37. Enactment. This Ordinance 67D is placed in full force and effect on November 19, 2024, by a 5-0 vote of the City Council of the City of Gem Lake. Adopted by the City Council of the City of Gem Lake, Minnesota on the 19th of November 2024. G&c4em 4�4-8wem4 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Ordinance No. 67D Individual Septic Systems 21