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TameThaTane 
Group: Members
Posts: 6300
Joined: May 2005
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Posted on: Jan. 07 2008,9:43 pm |
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ACLU complains about sump pump ordinance, and Vadnais Heights relents
Owners can't be fined for denying city access to homes, group says, and city relents
BY ELIZABETH MOHR
Pioneer Press
Article Last Updated: 01/06/2008 11:29:08 PM CST
Vadnais Heights officials have agreed to revamp a sump pump inspection program, after the American Civil Liberties Union of Minnesota said it was a violation of the U.S. Constitution's Fourth Amendment against unreasonable search and seizure.
The ACLU-MN sent the city a letter late last month asking for changes in the inspection program, which is designed to stop basement sump pumps from flowing into sewage treatment lines.
It was unclear late last week how the city might respond, but city officials now say they'll comply.
Vadnais Heights resident Don Jorgenson, who contacted the ACLU-MN, received a letter Saturday from City Attorney Caroline Bell Beckman along with a refund check for $260.
At the time the inspections ordinance was approved, "there was no indication that this might be improper," the letter, signed by Bell Beckman, states.
"We will be advising the City Council on ways to make sure that the ordinance does not violate any legal requirements."
Jorgenson said he knew when they passed the ordinance that he'd fight it when it was his turn for inspection - even though he doesn't have a sump pump.
"I do understand the desire and the need to get the sump pumps out of the sewer system," Jorgenson said Friday. "But the way they're going about it is what I have a problem with."
After learning of the inspection practices from Jorgenson, the ACLU-MN sent a letter to city officials, requesting that the ordinance be changed.
Currently, if a property owner does not allow a city-hired inspector to check for an illegal sump pump connection, the city code allows a $200 fine to be assessed each quarter, or until the connection is remedied. That's intimidation and it violates the Constitution's Fourth Amendment, said Chuck Samuelson, executive director of the ACLU-MN.
"There are two ways to make it right," he said. "One: to get a warrant. Two: to allow licensed plumbers to make those inspections and have them sign an affidavit saying that those sources are connected (legally)."
Those are the changes he and Jorgenson hope to see in the revised ordinance.
In a similar case last year, the city of Little Canada faced a lawsuit because a resident was charged a fee after denying access to inspectors. A settlement agreement cost the city's insurer $90,000.
"We learned a tough lesson in that," Joel Hanson, city administrator for Little Canada, said.
The city changed its code to clarify "that you cannot coerce or intimidate someone to gain access to the property," he said. The city also refunded all individuals who were charged.
Vadnais Heights began the inspection program to avoid a threatened fine of $70,000 by the Metropolitan Council, which operates wastewater treatment plants servicing most of the Twin Cities.
The sanitary sewer system is designed to handle only a certain amount of inflow. When it rains and sump pumps start chugging away, ridding basements of water, illegal connections can cause a spike, sending excess water into the system. The approved means of handling the excess water is to direct it back to the ground surface or into the storm sewer system, not the sanitary sewer system.
In an effort to reduce the amount of freshwater going into the sanitary sewer system, the council identified 46 metro communities that were sources of excess water and gave each of them the option to pay a large fine or fix the problem.
Fixing that problem is the city's responsibility, according to Kyle Colvin, a Metropolitan Council spokesman. Many have adopted ordinances allowing for city inspections, though Colvin said he was unsure how many have programs like that in Vadnais Heights.
Vadnais Heights city officials said much of the surplus comes from illegal sump pump connections.
The city checks about 1,500 properties in the city each year for illegal sump pump connections. This spring and summer, the city will check the final 1,500, City Administrator Gerry Urban said.
Inspecting every property in the city is "no easy order," Urban said last week. "Is it something we want to do? No, not at all.''
Jorgenson is pleased with the city's quick response to the ACLU-MN's request.
"I guess I'm glad to see that they're going to respect the citizens' constitutional rights," Jorgenson said Saturday. "Hopefully other cities will now get the word and anyone with a similar ordinance will change theirs."
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My choice is what I choose to do,
And if I'm causing no harm, it shouldn't bother you.
Your choice is who you choose to be,
And if you're causin' no harm, then you're alright with me.
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GEOKARJO
Google This!!!
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Posted on: Jan. 08 2008,10:10 am |
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No it does not sound familiar although the city required inspections it was an ordinance that could not be enforced. The city admitted this. I believe the city did their homework on that one. The same goes for the sewer inspection they require you do it but they cannot enforce it. The city admitted this when they passed the ordinance.
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MADDOG
Group: Moderator
Posts: 7821
Joined: Aug. 2003
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Posted on: Jan. 08 2008,1:19 pm |
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So if Vadnais Heights can't enforce it and niether can the city because of Fourth Amendment violation, where does this put the County's ISTS program?
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Actually my wife is especially happy when my google check arrives each month. Thanks to douchbags like you, I get paid just for getting you worked up. -Liberal
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GEOKARJO
Google This!!!
Group: Members
Posts: 7799
Joined: Aug. 2003
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Posted on: Jan. 08 2008,3:41 pm |
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Where as the infiltration of rain water into the city sewer system is not deem a health hazard by mn pollution control the ISTS was adopted to prevent infiltration of raw sewage into underground water tables. I guess the old lateral line sewer is no longer acceptable.
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