City of Hardin406 North Cheyenne

Hardin MT 59034

(406) 665-9292

Committee Meeting

AGENDA

April 30, 2019Council Chambers

PUBLIC COMMENT:

• Resolutions Or Ordinances 6:00 p.m.

o Sump Pump Ordinance

o Use of City Dump Truck Ordinance

Meeting adjourned at P.M

ORDINANCE NO. 2011-11

AN ORDINANCE AUTHORIZING THE AMENDMENT OF TITLE 8,CHAPTER 2 REGARDING BUILDING DRAINS

WHEREAS, the City of Hardin desires to modify and change its Ordinance onthe drainage of surface runoff or ground water into the public sanitary sewer;

WHEREAS, the Cify of Hardin hereby finds, determines, and declares that thisordinance is necessary for the immediate preservation of the public health, safety, andwelfare of the City of Hardin and the inhabitants thereof.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FORTHE CITY OF HARDIN, MONTANA, that Title 8, Chapter 2, of the OfBcial Code ofthe City of Hardin is hereby amended as follows:

8-2-7(J) is deleted in its entirety and replaced with the following language:

1. No person shall make connection of roof down spouts, foundation drains,areaway drains, sump pumps, or other sources of surface runoff or groimd water to abuilding sewer or building drain which in turn is connected directly or indirectly to apublic sanitary sewer unless such connection is approved by the Superintendent for ^purposes of disposal of polluted surface drainage between April 1^ and September 30 .A person may discharge water from roof down spouts, foundation drains, seaway drains,sump pumps, or other sources of surface runoff or ground water to a building sewer orbuilding drain which in turn is connected directly or indirectly to a public sanitary sewerbetween October T and March 31". A person is permitted to have a switch or lever tochange the discharge from the public sanitary sewer to a stom drain or other outsidedischarge in compliance with the time periods set forth in this paragraph. It shml be theresponsibility of each tenant and owner to ensure compliance with the time penods setforth in this paragraph.

2. If an owner of property located within the City of Hardin desires to replace,modify or install a sump pump drainage system on their property, the o^er must obtaina permit from the City prior to commencing any work related ̂ the replacementmodification or installation of a sump pump drainage system. Wito fifteen O^) daysafter the completion of the work related to the replacement, modification or mstallationof a sump pump drainage system the owner shall either schedule anSiqierintendent or have a Montana licensed plumber certify that he/she has installed thesump pump in accordance with this ordinance.

3. Prior to every transfer of real property within the City of Hardin, whether byDeed or Contract for Deed, with or without consideration, the Owner of the PfoP®*^shall obtain from the Superintendent a Certificate of Sump ̂ Pbe delivered to the Grantee prior to the transfer of mterest. The Cemficate s^l state thatthe Superintendent has inspected the sump pump drainage system, if any, and hasdetermined one of the following conditions exist: a) the sump pimpcomplies with this section; b) the system does not comply with this section statmgAereasons therefore; c) no sump pump drainage system has been installed m *^®level of the premises; d) there is no basement or below ground level within the structure.

If the Superintendent determines during the inspection that the system does notcomply with this section then the Grantor shall make the necessary c^ges to Ae ̂^emprior to transferring an interest in the property. After the necessary clmges to the systemL completed the Superintendent shall conduct another mspection and provide theappropriate certificate set forth above.

It shaU be a violation of this section for the Owner of real ̂ per^ to «ramfra anda to obtain an interest in real property without first obtaimng a Certificate of

Page 1 of 3

Sump Pump Inspection from the Superintendent with a finding of a) the sump pumpdrainage system complies with this section; b) no sump pump drainage system has beeninstalled in the lowest level of the premises; or c) there is no basement or below groundlevel within the structure.

4. ''Superintendent'" as used in this subsection J shall mean the Director of PublicWorks or his duly designated and acting representative.

5. Owners shall have until April 1.2012 to receive a certificate of compliancefrom the Superintendent. All property that does not have a certificate of compliance byApril 1, 2012 shall be subject to a monthly fee of five dollars ($5.00) until such time asthe owner receives a certificate of compliance from the Superintendent. The five dollarfee shall be assessed for the months of April through October of each year that aresidence is not in compliance with this ordinance.

6. Any person wiio violates any provision of this chapter shall be subject to a finein the amount'of $50.00 for each violation. Each day a violation is committed orpermitted to continue shall constitute a separate ofTense and shall be punishable as such.

DATE OF EFFECT.

The amendment to this ordinance shall take effect and be in force thirty (30) daysfrom the date of its second reading and passage by the City Council as required by law.

FIRST READING AND PASSAGE By a majority vote of the members present

this 0 davof C2011.

YEAS nays /_

ATTEST:

Miss?AJcJUtity Clerk 0City

POSTED IN THREE (3) PUBLIC PLACES AND MADE AVAILABLE TO

THE PUBLIC this day of 2011.

' City Clerk A

Page 2 of 3

AFI'ER THE PUBLIC HEARING AND AT THE REGULAR CITYCOUNCIL MEETING ON SEPTEMBER 20, 2011, THE CITY COUNCIL VOTEDFIVE TO ONE TO MODIFY THE LANGUAGE OF THE FIFTH PAR.A.GRAPHOF TITLE 8, CHAPTER 2, SECTION 7, SUBSECTION .1(5) OF THE OFFICIALCODE OF THE CITY OF HARDIN TO READ AS FOLLOWS:

5. Owners shall have unli! April 1, 2012 to receive a certificate orcomplianccfrom the Superintendent. All property that does not have a ceilificate of compliance byApril 1, 2012 shall be subject to a monthly fee of five dollars ($5.00) until such time asthe owner receives a certificate of compliance from the Superintendent, The five dollarfee shall be assessed for the months of April through September of each year that aresidence is not in compliance with this ordinance.

SECOND READING AND PASSAGE WITH THE MODIFICATION TOTHE FIFTH PARAGRAPH OF TITLE 8, CHAPTER 2, SECTION 7,SUBSECTION ,T, by a majority vole of the members present this day of

.201

YEAS NAYS /

ATTEST;

ity Clerk

Page 3 of 3

CITY OF HARDIN

SUMP PUMP ORDINANCE 2011-11 - Passed September 20, 2011

INFORMATION LETTER

1. ThG City of Hdrdln has GxpGrlenced unusual weather this year. One form has become a serious concern for ourcommunity. The amount of rainfall this spring, especially in the month of April, brought overloading of our sanitarysewer system. The major cause of the overload is that there are approximately 500 sump pumps discharging sump liquidinto our sanitary sewer system.

2. There has been an ordinance in place for years banning the practice of discharging sump liquid into the sanitarysewer. It has been considered and decided by the City Council and Mayor that the existing ordinance needed to berevised to address the overload problem. The intent is to protect home owners from contaminated waters flowing intotheir basements. Some of the back-up water from the overload is laced with sewage. We want to provide and maintain ahealthier environment for those homes.

3. Other cities are dealing with the same problem of stopping sump liquids from being pumped into sanitary sewers andhave enacted strict ordinances to solve their overload problems. The weather patterns through many areas of ourcountry have produced above normal rainfalls bringing the same overloads that we have experienced. One might thinkthat increased capacity of sewer lines might be an answer. The current cost of sewer line replacement is between135.00 and 150.00 dollars per lineal foot. If this idea were to be adopted, it would not guarantee there would be nooverloads during heavy rains.

4. The change in ordinance would require installation of a system that will allow sump discharge to be directed to thesanitary sewer and also to the outside of the building, away from the sewer. The discharge from the pump shall bedirected outside no later than first day of April each year and can be connected back to the sanitary sewer no soonerthan the first day of October of the same year. The property owners have until April 1, 2012 to complete the installation.The installation must be inspected by the Superintendent of Public Works Office of the City of Hardin. The reason for thesplit year is the owners would not have to deal with freeze proof discharge lines, and historically, the heaviest rainfall inour city is experienced between April and October.

5. In addition, the ordinance requires that if an approved system is not completed by April 1, 2012, a fee of $5.00 will beadded to the owner's sewer bill for six consecutive months, beginning in April of each year or until an approveddischarge system is in place. This ordinance also states that any violation of the new ordinance shall be subject to a$50.00 fine for each day until corrected.

6. The new ordinance requires that any transfer, sale of property or new construction that includes a sump pump systemmust have a certificate from the Superintendent of Public Works Office verifying the buildings are in compliance beforefinal closing.

7. The ordinance is a sincere effort by the City of Hardin to protect homes and businesses from unwanted back waterand improve the overall conditions of health and environment. We appeal to the citizens of Hardin and hope they willvoluntarily make the necessary changes for the good of our City and for the sake of friends and neighbors who areaffected by the unwanted flood waters.

Joseph V. Koebbe, Mayor

406 N Cheyenne. Hardin. MT 59034 - 406-665-9292 - vvww.hardinmt.com - fax 406-665-2719

June 4,2013 - Minutes

NEW BUSINESS;

Gienn Schuman is having a fund raiser for the Tim Anderson family, who lost theirhome in a fire. He will sell food and beer; have an auction, and a live band. He asked theCouncil to waive the $15 Permit to Sell Beer. Krebs made the motion to approve, secondedby Colstad. On a voice vote, the motion was unanimously approved.

Snively requested guidance from the Council on how to approach weeds in outlyingareas. Krebs indicated that those that are haying could continue. Wemple asked if otherswould be forewarned. Those that were recently annexed in should be notified at least once.Angevine asked how we would know when someone was haying. The Mayor said thatcommunication between the City and owners would need to happen.

Kepp inquired about spraying weeds in the parks, noting that it had not been done in acouple of years.

COMMITTEE REPORTS

Solid Waste

Wemple reported that 100 gallons canisters will need to be purchased.

Streets and AlleysKrebs reported that Asphalt Plus is working on SID 120, and oil will need to be

purchased to start patching the streets.

Sewer and Water

Kepp noted that the Lift Station did a lot better this year with all the rain. He felt thatit helped to have so many people route their sump pumps out of the sewer system. Heappreciated the extra work the men did because of the rain.

Finance

Angevine made a motion to approve the claims as presented;

April, 2013

May, 2013

June, 2013

CLAIM No.

16386

16382- 16385

16387- 16429

16457- 16467

16430- 16456

Monthly Total

203.68

178,617.61

4,015.00

J

Claims Total

May, 2013 PayroU

TOTAL Submitted

182,836.29

112,589.14

295,425.43

Krebs seconded. On a voice vote, the motion was unanimously approved.

SPECIAL COMMITTEES

Housing AuthorityMinutes were presented for review. Colstad announced their next meeting will be

June 10 at 5 p.m.Colstad made a motion to approve the Housing Study. Zent and Krebs asked for moru

time to review the study.

ANNOUNCEMENTS:Budget meetings will be June 5 and 6 at 6:30 p.m. continuing as needed.

Packets are available at City Hall and the Courthouse for elected positions. TheMayor and each Ward will be up for election. Filing will have to be done at the Courthouse.

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Sterling Codifiers, Inc. Page 1 of 2

8-1-21: DUMP FEES;

A. The City Council shall, by resolution, establish fees to be charged for dumping bycommercial contractors and noncity residents of wood, trees, uncompacted garbage,trash or rubbish, mixed loads such as wood or trees or other materials; compactedgarbage, trash or rubbish; and construction or demolition materials. The City Councilshall also establish, by resolution, fees to be charged for dumping by City residents ofmaterials from construction or demolition projects for which a City building permit ordemolition permit is required. The City Council may change, alter or amend any such feefrom time to time, at the Council's discretion, by further resolution.

B. The Mayor or Superintendent of Public Works is authorized to charge and collect asecurity deposit to ensure the timely payment of fees and charges associated withdumping by commercial contractors or noncity residents at the City Landfill. If fees orcharges are not paid by commercial contractors or noncity residents after thirty (30) daysof when payment is due, they become overdue and the Superintendent of Public Worksis authorized to stop all dumping by the commercial contractor or noncity resident untilfees and charges are paid in full. The Superintendent of Public Works may also use thesecurity deposit as payment toward the overdue fees and charges, and may stop alldumping by the commercial contractor or noncity resident until the overdue fees andcharges are paid in full, and a new deposit is collected. The Mayor and/or Superintendentof Public Works is authorized to determine the amount of security deposit on a case bycase examination, and may adjust the security deposit for each case, as needed. TheCity Finance Office shall receive and have custody of any security deposit and shallrelease deposit to depositor upon instruction of Mayor or the Superintendent of PublicWorks, or apply the security deposit to any overdue fees or charges, as instructed by theMayor or Superintendent of Public Works. (Ord. 2018-03, 2-20-2018)

8-1-22: ACCUMULATION OF RUBBISH IN PUBLIC PLACES PROHIBITED:

No person shall accumulate any rubbish including any dry leaves, dead limbs, or old lumberand allow the same to be stored in any street, alley or public place. (Ord. 97-2, 7-15-1997)

8-1-23: USE OF CITY DUMP TRUCK PERMITTED:

City residents may avail themselves of a City dump truck for disposing of garbage or refusenot allowed in City garbage containers at a rate established by the Garbage Committee.

https://www.sterlingcodifiers.com/codebook/printnow.php 4/25/2019

Sterling Codifiers, Inc. Page 2 of 2

Spot trucks are made available through the Superintendent of Public Works' Office. (Ord.97-2. 7-15-1997)

8-1-24: COLLECTION BY CITY EXCLUSIVE:

It is unlawful for any person other than the City to engage in the business of collecting,removing and disposing of refuse within the jurisdiction of the City, or for any person otherthan the City, its agents or employees to do or perform any of the things herein required tobe done or performed by the City except:

A. As provided in section 8-1-12 of this chapter;

B. For drop box service for certain matter not to be placed in receptacles (see section 8-1-13of this chapter);

C. For drop box service for demolition material with or without a building or demolition permitrequired; or

D. For drop box service for the disposal of shingles. (Ord. 97-2, 7-15-1997)

https://www.sterlingcodifiers.com/codebook/printnow.php 4/25/2019