THE CITY OF MONTICELLO, IOWA
RESOLUTION #12-117
Resolution to direct the City Administrator to work with the County Board of
Health and Iowa DNR to promote fixing Randy Rickels’ septic system
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
WHEREAS, A determination has been made by Environmental Health Specialist, Sue Ellen Hosch, that the sewage treatment system located at the Randy Rickels property is non-compliant with current regulations, and
WHEREAS, Randy Rickels proposes to come into compliance by way of installing a new septic system, and
WHEREAS, It has been determined that the City Sanitary Sewer System is approximately 141’ from the edge of the Rickels’ property and that he could reach the system by gravity feed, and
WHEREAS, The Council has been advised, and finds, that it does not have authority to grant a variance to state requirements, which generally require one to connect to the City sanitary system if they are within 200’, with any decision on whether or not a variance is appropriate resting with the County Board of Health and/or the IDNR, and
WHERAS, the Council may, however, submit a letter to the County Board of Health setting out the opinion or position of the City Council on the issue of whether or not a Variance to the State Code should be considered, and
WHEREAS, the Council finds that a letter should be sent to the County Board of Health informing the Board of Health that the Council takes no formal position, for or against the request of Rickels to maintain a septic system as opposed to connecting to the City Sewer System, as said decision is, by code, within the jurisdiction of the Board of Health.
NOW THEREFORE BE IT RESOLVED by the City of Monticello, through its’ City Council, in session this 4th day of September, 2012, that the City Administrator is hereby directed to inform the County Board of Health that the City Council finds that the decision on whether or not a septic system may be maintained by Rickels, even though his property is within close proximity to the City Sewer System, is within the jurisdiction of the County Board of Health, and that the City does not object to the Board making said decision and allowing whichever option or options deemed legally permissible.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal for the City of Monticello, Iowa to be affixed. Done this 4th day of September, 2012.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, City Clerk