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Various portions of the code were reviewed with the Commission, with staff <br /> attempting to simplify language and references for the general public to better <br /> understand (e.g. Section 802.08) and other agency requirements as well. <br /> Section 802.08 <br /> Member Cihacek pointed out apparent language missing (e.g. "this") in reference <br /> to prohibited discharges including but not limited to... <br /> Section 802.11 <br /> Staff reviewed staff options for entry upon private property, and alternate <br /> language proposed for a licensed plumber to provide an acceptable certification of <br /> an inspection to meet UI requirements as an option beyond staff performing <br /> inspections if so desired by the property owner. <br /> 802.12 <br /> Specific to rates and charges, staff advised that the intent was to address these <br /> (e.g. surcharges for non-compliance) as part of the annual review of City fees <br /> reviewed and adopted by the City Council via resolution versus continually <br /> changing ordinances. <br /> Discussion ensued regarding how "certified" inspections would be handles and <br /> requirements for that certification if staff was not welcomed by the property <br /> owner to perform this due diligence and how inspections could be verified and <br /> legitimate. <br /> Mr. Schwartz referenced a court case in Little Canada in the recent past when a <br /> property owner refused the City entrance into their home, resulting in a court <br /> finding that the City could not demand access to perform sump pump inspections. <br /> However, Mr. Schwartz noted that the court determined that a city did have the <br /> ability to shut off water/sewer service to encourage property owners to allow <br /> access in some situations, but not in a sump pump inspection situation, thereby <br /> leaving a city with no recourse. Mr. Schwartz advised that this had prompted <br /> cities to find alternative ways to have a sump pump inspection certified by a third <br /> party. <br /> Ms. Giga advised that, as part of the water meter replacement program, the City <br /> anticipated 5,000 additional homes available for sump pump inspections; with the <br /> certification process an option available for those homes with new meters already <br /> installed. <br /> At the request of Member Seigler, Mr. Schwartz clarified that this was applicable <br /> for any home currently without an automated meter; with 6,000 remaining to be <br /> done, 5,000 under the contract approved with Ferguson Waterworks and the other <br /> 1,000 to be completed by City staff Mr. Schwartz advised that, for those homes <br /> with no sump pump, the inspection sheet would indicate that no sump pump <br /> existed, but with those homes constructed prior to foundation drains being <br /> Page 4 of 14 <br />