HomeMy WebLinkAbout7B, Approve Ordinance 2009-004
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~HILLS
Request for Council Action
Prepared By:
James Lehnhoff
Community Development Director
Council Meeting Date: February 9, 2009
Approve Ordinance 2009-004 to amend the nuisance and abatement ordinance as
presented in the February 9, 2009, report to the City Council.
Approve publishing a summary of Ordinance 2009-004
Budgeted Amount:
N/A
Actual Amount:
N/A
Recommendation:
Funding Source:
N/A
1. Approve Ordinance 2009-004 to amend the nuisance and abatement ordinance as
presented in the February 9, 2009, report to the City Council.
2. Approve publishing a summary of Ordinance 2009-004
SUDDortin!! Documents:
1. February 9, 2009, Memo to the City Council
2. Proposed Ordinance 2009-004 and Summary of Ordinance 2009-004
3. Chapter 6 of the City Code (pages 1-13)
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~~LLS
MEMORANDUM
DATE: February 9, 2009
TO: Honorable Mayor & City Council
FROM: James Lehnhoff, Community Development Director
SUBJECT: Nuisance and Abatement Ordinance Amendment
Ordinance 2009-004
Reauested Action
1. Approve Ordinance 2009-004 to amend the nuisance ordinance as presented in the February
9, 2009, report to the City Council.
2. Approve publishing a summary of Ordinance 2009-004 (4/5 vote required)
Back1!round
At the October 20, 2008, work session, the City Council reviewed and discussed a number of
potential programs to help address code compliance concerns in the City. As part of that
discussion, the Council came to a consensus to investigate and work toward implementing the
following programs:
1. Develop and distribute educational materials for property owners and tenants
regarding City regulations; - in progress and ongoing
2. Review commonly violated City regulations to increase clarity and enforceability
while meeting City goals; - in progress and ongoing
3. Review and update the nuisance regulations and develop an accelerated abatement
procedure for certain types of ongoing nuisances;
4. Develop a formal code compliance response policy; - in progress
5. Review and work toward implementing a rental registration program - part of
2009 work plan
6. Continue investigation of an administrative fine program. - part of 2009 work
plan
City of Arden Hills
City Council Meetingfor February 9,2009
\ \Metro-inet. us lardenhills\Planning\Community Development I Community Livability\Memos\020909 - CC Memo - Nuisance Ordinance
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Chapter 6 of the City Code: Nuisances and Offences
The first section of Chapter 6 of the City Code includes the general provisions for defining a
public nuisance and the procedures for addressing a nuisance. Much of this ordinance is guided
by State Statutes. At the October 20, 2008, work session, the Council directed staff to update the
nuisance ordinance and develop an "accelerated abatement" process for certain types of ongoing
nuisances. The accelerated abatement process can allow for faster abatement of certain types of
reoccurring nuisances. The City Attorney has prepared and staffhas reviewed a proposed
nuisance and abatement process ordinance amendment (Attachment A).
The structure and basic nuisance information in the proposed ordinance is similar to the existing
ordinance (Attachment B). The existing section of Chapter 6 of the City Code defines what a
nuisance is, what constitutes a nuisance, and two abatement processes. The proposed ordinance
includes the following sections:
. Public nuisance defined - 602.01
· Public nuisances affecting health - 602.02
· Public nuisances affecting peace and safety - 602.03
. Duties of city officers - 602.04
· General abatement procedure - 602.05
· Emergency abatement procedure/summary enforcement - 602.06
· Accelerated abatement procedure - 602.07
. Recovery of cost - 602.08
Public Nuisance Defined, Public Nuisances Affecting Health, and Public Nuisances
affecting Peace and Safety (602.01, 602.02, and 602.03).
These sections define what constitutes a nuisance and lists the types of nuisances regulated by
the City. These sections have been expanded to include more t:ypes of nuisances than the
existing code. The contents of this section are largely guided by State Statutes and case law.
Duties of City Officers (602.04)
This section is essentially unchanged from the existing code. It is important to note that while
this section gives the City the authority to go on to private property for inspections, it does not
allow City officers to trespass.
General and Emergency Abatement - (602.05 and 602.06)
There are three types of Abatement processes in the proposed code update, two of which are in
the existing code:
· General abatement - existing
City of Arden Hills
City Council Meetingfor February 9,2009
\ \Metro-inet.us\ardenhills\PlanningICommunity Development I Community Livability\Memos\020909 - CC Memo - Nuisance Ordinance
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. Emergency abatement - existing
. Accelerated abatement - proposed
The abatement process is what gives the City the ability to complete work on a property and
charge a property owner for the work that was completed. General abatement and emergency
abatement are already in the existing code, though the City Attorney has updated and streamlined
the process in the proposed code update where possible. These two procedures are guided by
State Statute.
While the general abatement process can be effective in resolving a nuisance, it can still take 45
days to 12 months from the Council issuing an order to abate to the nuisance actually being
resolved. The time line largely depends on if the property owner appeals the abatement order to
the court. When a city orders a general abatement, a request for summary enforcement is
submitted to the district court. If the property owner does not provide a response or appeal to the
court, the city generally wins by default and the city could move forward with completing the
cleanup work on the property and initiating the assessment process for the cost of cleanup.
In emergency situations, the city can abate a nuisance without a court ordered summary
enforcement. However, the City would still be responsible for proving that the abatement was
indeed a public nuisance. Emergency abatements are rare occurrences since few nuisances
would justify an immediate danger to the public safety and welfare.
Accelerated Abatement (602.07)
The principal change to the nuisance and abatement ordinance is the addition of the accelerated
abatement procedure. This is a process adopted by a number of cities to expedite the abatement
of certain types of nuisances where a particular property has become a repeat offender and the
nuisance is likely to occur again. Failing to cut grass and removing noxious weeds are common
types of reoccurring nuisances. Other common types of reoccurring nuisances include: nuisance
weeds and other vegetative growth, snow/ice removal, accumulation of debris and garbage, the
trimming and care of trees and the removal of unsound trees from any street, the treatment and
removal of insect infested or diseased trees on private property, and inspections relating to a
municipal housing maintenance code violation
The accelerated abatement process starts off similar to the general abatement process. The City
must provide notice to the property that is in violation of the ordinance. If the violation goes
unresolved, the City Council can then hold a hearing to consider abating the ordinance if the
property owner/tenant does not comply within a specified amount of time. If the property owner
does not comply, the City can then contract for the work to be completed and charge the cost
back to the property owner. Where the accelerated abatement process differs from general
abatement is that accelerated abatement allows the City Council to issue a two year order to
continue abatement if the violation reoccurs without the need for an additional public hearing.
City of Arden Hills
City Council Meetingfor February 9,2009
\ \Metro-inet.us\ardenhills\Planning\Community Development\Community Livability\MemoslO20909 - CC Memo - Nuisance Ordinance
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If the violation reoccurs within two years of the original order to abate, staff simply notifies the
property owner/tenant and requires compliance within seven days. If the property owner or
tenant fails to comply, City staff can contract to have the work completed and charge the
property owner for the work. Essentially, the process is accelerated after the first public hearing
when the Council issues a two year abatement order.
For both general and accelerated abatement, the City would first bill the property owner for any
work that is completed on their property. If the property owner fails to pay the City for the cost,
the City would then hold an assessment hearing to apply the cost to the property taxes. This is
very similar to the process used for delinquent utility bills.
Finally, it is important to note that a property owner can appeal the initial accelerated abatement
order to the court. If an appeal is submitted to the court, the city may not be able to immediately
abate the issue pending the result of the appeal.
Recommendation
While the abatement process is an important and effective tool, it will not immediately resolve
all types of violations and some nuisances will still take time to resolve. However, this process,
along with the existing citation process, will still help the city in resolving certain types of
ongoing nuisances in a more timely and effective manner.
1. Approve Ordinance 2009-004 to amend the nuisance and abatement ordinance as presented
in the February 9, 2009, report to the City Council.
2. Approve publishing a summary of Ordinance 2009-004 (4/5 vote required)
If there are any changes to the proposed ordinance amendment, the changes can be included with
a motion to approve.
Attachment
A. Ordinance 2009-004 and a Summary of Ordinance 2009-004
B. Chapter 6 of the City Code (pages 1-13)
City of Arden Hills
City Council Meetingfor February 9,2009
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CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 2009-004
AN ORDINANCE DEFINING AND REGULATING NUISANCES
The Arden Hills City Council hereby repeals Section 600 and its subdivisions and ordains that
Section 602 and its subdivisions are added to the Arden Hills City Code to read as follows:
602.01
Public Nuisance Defined. Whoever by his or her act or failure to perform a legal
duty intentionally does any of the following is guilty of maintaining a public
nuisance, which is a misdemeanor:
1. Maintains or permits a condition which unreasonably annoys, injures, or
endangers the safety, health, morals, comfort, or repose of any considerable
number of members of the public; or
2. Interferes with, obstructs, or renders dangerous for passage any public
highway or right-of-way, or waters used by the public, or
3. Is guilty of any other act or omission declared by law or this ordinance to be
a public nuisance and for which no sentence is specifically provided.
602.02
Public Nuisances Affectin2 Health. The following are hereby declared to be
nuisances affecting health:
1. Exposed accumulation of decayed or unwholesome food or vegetable matter,
except vegetable matter in an approved and maintained compost bin by a
residential property owner;
2. All ponds or pools of stagnant water;
3. Accumulations of manure, refuse, Qr other debris;
4. Privy vaults and garbage cans which are not rodent-free or fly-tight or which
are so maintained as to constitute a health hazard or to emit foul and
disagreeable odors;
5. The pollution of any public well or cistern, stream or lake, canal or body of
water by sewage, industrial waste, or other substances;
6. All noxious weeds and other growths of vegetation upon public or private
property in excess of eight (8) inches. The requirements of this section do
602.03
not apply to areas established with meadow vegetation. Meadow vegetation
is defined as grasses and flowering broad-leaf plants that are native to, or
adapted to, the State of Minnesota, and that are commonly found in meadow
and prairie plant communities, except noxious weeds. In meadow areas, the
prior vegetation has been eliminated and meadow vegetation planted through
transplanting or seed by human or mechanical means; the area is cut at least
once per year to a height of no more than ten inches if noxious weeds or
other prohibited vegetation cover more than 25 percent of the area; and a
sign is posted on the property in a location likely to be seen by the public
advising that a meadow or prairie is being established. The sign shall be no
smaller than ten inches square and no longer than one square foot and no
higher than three feet tall. It shall be the duty of any owner, lessee or
occupant of any lot or land to cut and remove or cause to be cut and removed
all such weeds, grass or other rank, poisonous or harmful vegetation as often
as may be necessary to comply with the provisions of this subsection;
provided that cutting and removing the weeds, grass and vegetation at least
once in every three (3) weeks, between May 15 and September 15, shall be
deemed to be in compliance with this subsection.
7. All public exposure of people having a contagious disease;
8. Any offensive trade or business as defined by statute not operating under
local license;
9. Accumulation of manure, tree branches, cut trees, grass clippings, bottles,
rubbish, trash, refuse, junk and other abandoned materials, metals including
aluminum or tin cans, or lumber;
10. Any condition which provides a harborage for rats, mice, snakes and other
vermin;
11. All unnecessary or unauthorized noises and annoying vibrations, including
animal noises;
12. Any diseased animals running at large or the carcasses of animals or foul not
disposed of within a reasonable time after death;
13. Open burning in violation of state law, or dense smoke, nauseous fumes, gas,
soot or cinders in unreasonable quantities; and
14. Any building, structure or other place or location where any activity which is
in violation of local, state or federal law is conducted, performed or
maintained.
Public Nuisances Affectin2 Peace and Safety. The following are declared to be
nuisances affecting public peace and safety:
1. All trees, hedges, signs, or other obstructions which materially obstruct the
clear vision area between a height of two and one half feet (2-1/2) and ten
(10) feet. The clear vision area includes an area within a triangle that is
measured along the edge of the driving surface of the road starting at the
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intersection of two roads (public or private) and extending thirty (30) feet in
each direction from the intersection and then a line connecting these two end
points;
2. All wires and limbs of trees which are so close to the surface of a sidewalk or
street as to constitute a danger to pedestrians or vehicles;
3. All unnecessary noises and annoying vibrations;
4. Obstructions and excavations affecting the ordinary public use of streets,
alleys, sidewalks, or public grounds except under such conditions as are
permitted by city code or other applicable law;
5. Radio aerials or television antennae erected or maintained in a dangerous
manner;
6. Any use of property abutting on a public street or sidewalk or any use of a
public street or sidewalk which causes large crowds of people to gather,
obstructing traffic and the free use of the street or sidewalk;
7. All hanging signs, awnings, and other similar structures over streets and
sidewalks, or so situated so as to endanger public safety, or not constructed
and maintained as provided by city code;
8. The allowing of rain water, ice, or snow to fall from any building or structure
upon any street or sidewalk or to flow across any sidewalk;
9. Any barbed wire fence less than six (6) feet above the ground and within
three (3) feet of a public sidewalk or way;
10. All dangerous, unguarded machinery in any public place, or so situated or
operated on private property as to attract the public;
11. Waste water cast upon or permitted to flow upon streets or other public
properties;
12. Accumulations in the open of discarded or disused machinery, household
appliances, automobile bodies, or other material, in a manner conducive to
the harboring of rats, mice, snakes, or vermin, or the rank growth of
vegetation among the item~ so accumulated, or in a manner creating fire,
health, or safety hazards from such accumulation;
13. Any well, hole, or similar excavation which is left uncovered or in such other
condition as to constitute a hazard to any child or other person coming on the
premises where it is located;
14. Obstruction to the free flow of water in a natural waterway or a public street
drain, gutter, or ditch with trash of other materials;
15. The placing or throwing on any street, sidewalk, or other public property of
any glass, tacks, nails, bottles, or other substance which may injure any
person or animal or damage any pneumatic tire when passing over such
substance;
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602.04
602.05
16. The depositing of garbage or refuse on a public right-of-way or on adjacent
private property;
17. All other conditions or things which are likely to cause injury to the person
or property of anyone;
18. All snow or ice not removed from public sidewalks within twenty-four hours
after the snow or ice has been deposited, unless that portion of the public
sidewalk has been exempted from this requirement by city council
resolution;
19. The piling, storing or keeping of old machinery, equipment, building
materials, wrecked or junked vehicles or other junk or debris except as may
otherwise be permitted by the city code;
20. Making repairs to motor vehicles, including tires, on a public street or alley,
except that emergency repairs may be allowed if they do not unduly interfere
with traffic; and
21. Dead, diseased or fallen trees or tree branches not removed within a
reasonable period of time.
Duties of City Officers. The city building official or designee and/or city law
enforcement agency officers shall enforce the provisions of this chapter relating to
public nuisances affecting health, peace and safety. Such officers shall have the
power to inspect private premises and take all reasonable precautions to prevent the
commission and maintenance of such public nuisances.
General Abatement Procedure. Whenever the officer charged with enforcement
determines that a public nuisance, as defined in Section 602.02 and Section 602.03,
is being maintained or exists on property within the city, the following code
enforcement procedure shall apply:
1. Notice of Violation. Written notice of violation shall be served by the officer
charged with enforcement on the owner of record or occupant of the
premises either in person or by certified or registered mail. If the premises
are not occupied, the owner of record is unknown, or the owner of record or
occupant refuses to accept notice of violation, notice of violation shall be
served by posting it on the premises. The notice shall describe the facts
which are in violation of the City's public nuisance regulation; the specific
City regulation which have been violated; the type of action necessary to
abate the violation; and deadline for compliance.
2. Notice of Council Hearing. If a property owner fails to comply with the
notice of violation requirements, the officer charged with enforcement shall
serve the owner of record and occupant of premises either in person or by
certified or registered mail with a notice of a council hearing. If the premises
is not occupied, and the owner of record is unknown, or other owner of
record or occupant refuses to accept notice of council hearing, the notice of
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602.06
602.07
council hearing shall be served by posting it on the premises. Notice of
council hearing shall specify the time, date and place of the hearing and
indicate that the property owner can appear at that time. At the conclusion of
the hearing, the City Council shall determine whether to issue an abatement
order.
3. Notice of City Council Order. Except for those cases determined by the City
to require emergency abatement, the written notice of a any city council
order to abate shall be served upon the owner of record, or the owner's agent,
if an agent is in charge of the building or property, and upon the occupying
tenant, if there is one, and upon all lien holders of holder of record in the
manner provided for service of a summons in a civil action. If the owner
cannot be found, the order shall be served upon the owner by posting it at the
main entrance to the building, or if there is no building, in a conspicuous
place on the property and by four (4) weeks publication in the official
newspaper of the City. A copy of the order with proof of service shall be
filed with the court administrator of the district court. At the time of filing of
the city council's order, the City shall file for record with the county recorder
or registrar of titles a notice of the pendency of the proceeding, describing
with reasonable certainty the lands effected and the nature of the order. In
all other respects, the City's service and order shall comply with the
provisions of Minn. Stat. 463.17.
Emer2enCY Abatement Procedure/Summary Enforcement. In the case of an
emergency, where a delay in abatement of a nuisance will occur because of the time
necessary during normal review procedures as defined in section 602.05 will permit
a continuing nuisance to unreasonably endanger public health, safety or welfare, the
city council may order summary enforcement and abate the nuisance. To proceed
with summary enforcement, the officer charged with enforcement shall determine
that a public nuisance exists or is being maintained on premises in the city and that
delay in abatement of the nuisance will unreasonably endanger public health, safety,
or welfare. The enforcement officer shall notify in writing the occupant or owner of
the premises of the nature of the nuisance and of the city's intention to seek
summary enforcement and the time and place of the council meeting to consider the
question of summary enforcement. The City Council shall determine whether or not
the condition identified in the notice to the owner or occupant is a nuisance, whether
public health, safety, or welfare will be unreasonably endangered by delay in
abatement required to complete the procedure set forth in subdivision 602.05, and
may order that such nuisance be immediately terminated or abated. If the nuisance is
not immediately terminated or abated, the city council may order summary
enforcement and abate the nuisance.
Accelerated Abatement Procedure. In order to more efficiently abate the
recurring general nuisances which are defined in this section, the City Council's
abatement order may indicate that it will remain in effect for a two (2) year period
and will authorize the City's code enforcement officers to take corrective actions
during such period in regard to the removal of tall grass, nuisance weeds and other
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1. Notice of Violation. Whenever the officer charged with enforcement
determines that a nuisance prescribed under Section 602.07 is being
maintained or exists on premises in the City, written notice by certified mail
or registered mail shall be provided to the property owner or occupant. If the
premises are not occupied and the property owner is not known, the notice
may be served by posting it on the premises. The notice shall include the
following information:
vegetative growth; the removal of snow and/or ice within public rights-of-way; the
removal of accumulations of debris and garbage; the trimming and care of trees and
the removal of unsound trees from public rights-of-way; the removal of insect
infested or diseased trees on private property; and the enforcement of housing code
violations. The accelerated abatement procedure shall include the following:
a. A description of the nuisance to be abated.
b. The nuisance shall be abated within seven (7) working days;
c. If the nuisance is not abated within seven (7) working days, the City
Council will hold a hearing, and the date of the hearing shall be
included;
d. The owner has the right to appear at the hearing;
e. The City will have the nuisance abated if corrective action is not
taken, and the order to abate may continue for up to two years; and
f. 125 percent of the cost of the abatement, including administrative
costs will be charged to the property owner and certified against the
property for collection with taxes if the bill is not paid.
2. Abatement by City. If the owner or occupant fails to comply with the
Council's Order to Abate a reoccurring nuisance within seven (7) days of the
date of the Council's Order, the City shall provide for the abatement of the
nuisance and may continue to abate at intervals it deems appropriate for up
to two years. The officer charged with enforcement shall keep records of the
cost of the abatement including administrative costs and shall provide this
information to the City Administrative for billing and assessment against the
property pursuant to section 602.08.
3. Reoccurring Nuisance. If the nuisance reoccurs within two years of the
Council's Order to Abate, the officer charged with enforcement shall send a
notice requiring compliance within seven (7) working days. If the owner or
occupant fails to comply with the notice, the City shall provide for the
abatement of the nuisance. An additional public hearing shall not be
required within two years of the Council's original Order to Abate. The
officer charged with enforcement shall keep records of the cost of the
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abatement including administrative costs and shall provide this information
to the City Administrative for billing and assessment against the property
pursuant to section 602.08.
602.08
Recoverv of Cost.
1. Personal Liability. The owner of premises on which a nuisance has been
abated by the city shall be personally liable for the cost to the city of the
abatement, including administrative costs. As soon as the work has been
completed and the cost determined, the city administrator or other official
designated by the council shall prepare a bill for the cost and mail it to the
owner. Thereupon the amount shall be immediately due and payable at the
office of the city clerk.
2. Assessment. If the nuisance is a public health or safety hazard on private
property, the accumulation of snow, ice, or rubbish on public sidewalks;
removal or elimination of public health or safety hazard (excluding structures
under MN Statute 463.15 and 463.26); the growth of weeds on private
property or outside the traveled portion of streets, or unsound or insect-
infected trees, the city administrator shall, on or before September 1 next
following abatement of the nuisance, list the total unpaid charges along with
all other such charges as well as other charges for current services to be
assessed under Minn. Stat. 429.101 against each separate lot or parcel to
which the charges are attributable. The council may then spread the charges
against such property under that statute and other pertinent statutes for
certification to the county auditor and collection along with current taxes the
following year or in annual installments, not exceeding 10, as the council
may determine in each case.
Effective Date.
This Ordinance shall become effective the _ day of
, 2009.
Adoption Date.
Passed by the City Council of the City of Arden Hills the _day of
, 2009.
Stanley Harpstead, Mayor
ATTEST:
Ronald Moorse, City Administrator
Publication Date. Published on the
of
, 2009.
7
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2009-004
On the 9th day of February, 2009, the Arden Hills City Council adopted Ordinance No.
2009-004, and by at least four/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4,
directed that a summary of Ordinance 2009-004 be published.
Chapter 13, Section 602 and its subdivisions are collectively known as Ordinance 2009-
004 entitled "An Ordinance Defining and Regulating Nuisances." The primary purpose of these
amendments are to update the nuisance regulations and provide for an accelerated abatement
process.
A full copy of Ordinance 2009-004 is available for inspection by any person during
regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden
Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden-
hills.mn.us.
Attachment B
Chapter 6 of the City Code
Pages 1-13
February 9, 2009, City Council Meeting
City of Arden Hills
Chapter 6 Nuisances and Offenses
Chapter 6 Nuisances and Offenses
Section 600 - General Provisions
600.01 Nuisance Defined. For the purposes of this chapter, the word "Nuisance" is hereby
defined as any person doing an unlawful act, or omitting to perform a duty, or permitting or
maintaining any condition or thing to be or exist, which act, omission, condition or thing:
Subd. 1. Annoys, injures or endangers the comfort, repose, health, morals, peace or
safety of others;
Subd. 2. Offends public decency;
Subd. 3. Is unreasonably offensive to the senses;
Subd. 4. Unlawfully interferes with, obstructs or tends to obstruct or renders
dangerous for passage any public or private street, highway, sidewalk, stream, ditch,
drainage, public water or park;
State law referenceCAuthority to prevent, abate nuisances, M.S. I 412.221(23).
6-1
Adopted December 17, 2001
City of Arden Hills
Chapter 6 Nuisances and Offenses
Subd.5. In any way renders other persons insecure in safety, life or in the lawful use of
property;
Subd. 6. Unreasonably interferes with the comfortable enjoyment of life and property,
or tends to depreciate the value of the property of others; or
Subd.7. Is guilty of any other act or omission declared by law or this chapter or other
code provision, to be a public nuisance.
State law reference - Public nuisances, M.S.A. ~ 609.74
600.02 Nuisances Affecting Health. The maintaining, using, placing, depositing, leaving or
permitting to be or remain on any public or private property of any of the following items,
conditions or actions are hereby declared to be and constitute a nuisance. This enumeration
shall not be deemed or construed to be conclusive, limiting or restrictive:
Subd. 1. Noxious weeds or objectionable or unsightly plant growth twelve (12) inches
or greater in height. It shall be unlawful for any owner, lessee or occupant or any
agent, servant, representative or employee of any such owner, lessee or occupant having
control of any occupied or unoccupied lot or land or any part thereof in the City to
permit or maintain on any such lot or land, or on or along the sidewalk, street or alley
adjacent to the same between the property line and the curb or middle of the alley or
for ten (10) feet outside the property line if there is no curb, any growth of weeds, grass
6-2
Adopted December 17, 2001
City of Arden Hills
Chapter 6 Nuisances and Offenses
or other rank vegetation to a greater height than twelve (12) inches on the average or
any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such
person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant
or plants detrimental to health to grow on any such lot or land in such a manner that
any part of the ivy, ragweed or other poisonous or harmful weed shall extend upon,
overhang or border any public place or allow the seed, pollen or other poisonous
particles or emanations therefrom to be carried through the air into any public place.
Subd. 2. The requirements of this subsection do not apply to areas established with
meadow vegetation, which is defined as grasses and flowering broad-leaf plants that are
native to, or adapted to, the State of Minnesota, and that are commonly found in
meadow .and prairie plant communities, except noxious weeds and other plants
prohibited by this paragraph, if, in these areas, the prior vegetation has been
eliminated and meadow vegetation planted through transplanting or seed by human or
mechanical means, the area is cut at least once per year to a height of no more than ten
inches if noxious weeds or other prohibited vegetation cover more than 250/0 of the
area, and a sign is posted on the property in a location likely to be seen by the public
advising that a meadow or prairie is being established. The sign shall be no smaller
than ten inches square and no longer than one square foot and no higher than three
feet tall.
6-3
Adopted December 17,2001
City of Arden Hills
Chapter 6 Nuisances and Offenses
A.
It shall be the duty of any owner, lessee or occupant of any lot or land to
cutting and removing the weeds, grass and vegetation at least once in
cut and remove or cause to be cut and removed all such weeds, grass or
other rank, poisonous or harmful vegetation as often as may be
necessary to comply with the provisions of this subsection; provided that
every three (3) weeks, between May 15 and September 15, shall be
deemed to be in compliance with this subsection.
B. If the provisions of this subsection are not complied with, the city
administrator shall serve written notice upon the owner, lessee or
occupant or any person having the care or control of any such lot or land
in the same manner as any other legal process may be served pursuant to
law, to comply with the provisions of this subsection. If the person upon
whom the notice is served fails, neglects or refuses to cut and remove or
to cause to be cut and removed the weeds, grass or other vegetation
within five (5) days after receipt of the notice.
C. Any person who shall neglect to cut and remove weeds, grass or other
vegetation as directed in this subsection or who shall fail, neglect or
refuse to comply with the provisions of this subsection or who shall resist
or obstruct the weed inspector or his or her employees in the cutting and
removal of weeds, grass and other vegetation shall, upon conviction
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thereof, be subject to a fine or prison sentence, or both, as provided by
state law for a misdemeanor; and each day on which the violation
continues shall constitute a separate offense.
Subd. 3. Accumulation of manure, tree branches, cut trees, grass clippings, tin cans,
bottles, rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or
other things;
Subd. 4. Any condition which provides a harborage for rats, mice, snakes and other
vermin;
Subd. 5. Any building or other structure which is in such a dilapidated condition that
it is unfit for human habitation, or kept in such an unsanitary condition that it is a
menace to the health of people residing in the vicinity thereof, and presents a more than
ordinarily dangerous fire hazard in the vicinity where it is located, or, along with its
appurtenances, for a continuous period of one (1) year has not been "completed," as
that term is defined in this code;
Subd. 6. All unnecessary or unauthorized noises and annoying vibrations, including
animal noises;
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Subd. 7. All disagreeable or obnoxious odors and stenches, as well as the conditions,
substances or other causes which give rise to the emission or generation of such odors
and stenches;
Subd. 8. Any diseased animals running at large or the carcasses of animals or fowl not
disposed of within a reasonable time after death;
Subd. 9. The pollution of any public well or cistern, stream, lake, canal or body of
water by sewage, dead animals, creamery, industrial wastes or other substances;
Subd. 10. Any building, structure or other place or location where any activity which is
in violation of local, state or federal law is conducted, performed or maintained;
Subd. 11. Any accumulation of stagnant water permitted or maintained on any lot or
piece of ground, except for authorized storm water drainage ponds;
Subd. 12. Open burning in violation of state law, or dense smoke, noxious fumes, gas,
soot or cinders in unreasonable quantities;
Subd.13. Exposed accumulation of decayed or unwholesome feed or vegetable matter,
except vegetable matter in a compost site or which is being composted by a residential
property owner; and
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Subd. 14. Privy vaults and garbage cans which are not rodent free or fly-tight or which
constitute a health hazard.
600.03 Nuisance Affecting Peace and Safety. The maintaining, using, placing, depositing,
leaving or permitting to be or remain in or on any public or private property of any of the
following items, conditions or actions, shall constitute a public nuisance affecting public safety,
provided that the following list shall not be considered an exhaustive or exclusive listing:
Subd. 1. All snow or ice not removed from public sidewalks within twenty-four (24)
hours after the snow or ice has been deposited, unless that portion of a public sidewalk
has been exempted from this requirement by City Council resolution;
Subd. 2. All trees, hedges, billboards or other obstructions, within fifteen (15) feet of a
public street or right-of-way which prevents persons from having a clear view of traffic
approaching an intersection from cross streets;
Subd. 3. All limbs of trees which overhang the surface of any public street, sidewalks
or alley at a height of less than eight (8) feet;
Subd. 4. All buildings and structures which have been damaged by fire, decay or other
means to such an extent as to endanger public safety;
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Subd. 5. The piling, storing or keeping of old machinery, equipment, building
materials, wrecked or junked vehicles or other junk or debris except as may otherwise
be governed by this code or other ordinance;
Subd.6. Any use of property, public street or sidewalk which causes crowds of people
to gather in such a way as to obstruct traffic and the free use of streets, sidewalks or
other ways;
Subd.7. All dangerous, unguarded machinery or equipment in any public place, or so
situated or operated on private property as to endanger members of the public;
Subd. 8. Making repairs to motor vehicles, including tires, on a public street or alley,
except that emergency repairs shall be allowed if they do not unduly interfere with
traffic;
Subd. 9. Dead, diseased or fallen trees or tree branches not removed within a
reasonable period of time;
Subd. 10. All unnecessary noises and annoying vibrations;
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Subd. 12. Radio aerials or television antennae erected or maintained in a dangerous
Subd. 11. Obstructions and excavations affecting the ordinary public use of streets,
alleys, sidewalks or public grounds except under such conditions as are permitted by
this code or other applicable law;
manner; and
Subd. 13. Any use of property abutting on a public street or sidewalk or any use of a
public street or sidewalk which causes large crowds of people to gather, obstructing
traffic and the free use of the street or sidewalk.
600.04 Duties of City Officers. The city administrator or his designated department head or
official shall enforce the provisions of this chapter. The law enforcement agency shall enforce
provisions relating to nuisances as appropriate and shall assist the other designated officers in
enforcement of provisions of this chapter. Such officers shall have the power to inspect private
premises and take all reasonable precautions to prevent the commission and maintenance of
public nuisances.
600.05 Abatement.
Subd. 1. Notice of Violation. Whenever the officer charged with enforcement
determines that a public nuisance is being maintained or exists on premises in the City,
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the officer shall notify, in writing, the owner or occupant of the premises of such fact
and order that the nuisance be terminated and abated. The notice shall be served in
person or by certified or registered mail. If the premises are not occupied and the
owner is unknown, the notice may be served by posting it on the premises. The notice
shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30
days, within which the nuisance is to be abated.
Subd.2. Notice of Hearing. If the notice is not complied with within the time specified,
the enforcing officer shall report that fact to the city administrator. Thereafter, the city
administrator may, after notice to the owner or occupant and an opportunity to be
heard, provide for abating the nuisance by the City. The notice shall be served in the
same manner as notice by the enforcing officer is served and shall be given at least ten
days before the date stated in the notice when the City will consider the matter. If
notice is given by posting, at least 30 days shall elapse between the date of posting and
hearing.
Subd. 3 Notice of Council Order. Except for those cases determined to require
summary enforcement, written notice of any Council order shall be made as provided
in M.S. ~ 463.17, the Hazardous and Substandard Building Act, as amended from time
to time.
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Subd.4 Notice of Motion for Summary Enforcement. Written notice of any motion for
summary enforcement shall be made as provided for in M.S. ~ 463.17, the Hazardous
and Substandard Building Act, as amended from time to time.
Subd.5 Emergency Procedure; Summary Enforcement. In cases of emergency, where
delay in abatement required to complete the notice and procedure requirements set
forth in Subds. 1 and 2 above, will permit a continuing nuisance to unreasonably
endanger public health, safety and welfare, the Council may order summary
enforcement and abate the nuisance. To proceed with summary enforcement, the
officer charged with enforcement may determine that a public nuisance exists or is
being maintained on premises in the City and that the delay in abatement of the
nuisance will unreasonably endanger public health, safety and welfare. The
enforcement officer shall notify in writing the occupant or owner of the premises of the
nature of the nuisance and of the City's intention to seek summary enforcement and the
time and place of the Council meeting to consider the question of summary
enforcement. The Council shall determine whether or not the condition identified in
the notice to the owner or occupant is a nuisance, whether public health, safety or
welfare will be unreasonably endangered by delay in abatement required to complete
the procedure set forth in Subd. 1 above and may order that the nuisance be
immediately terminated or abated. If the nuisance is not immediately terminated or
abated, the Council may order summary enforcement and abate the nuisance.
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Subd. 6 Immediate Abatement. Nothing in this subsection shall prevent the City,
without notice or other process, from immediately abating any condition which poses
an imminent and serious hazard to human life or safety.
600.06 Recovery of Cost.
Subd. 1 Personal Liability. The owner of premises on which a nuisance has been
abated by the City shall be personally liable to the City for the cost of the abatement,
including administrative costs. As soon as the work has been completed and the cost
determined, the city administrator or other official designated shall prepare a bill for
the cost and mail it to the owner. The amount shall be immediately due and payable at
the office of the city administrator.
Subd. 2 Assessment. If the nuisance is a public health or safety hazard on private
property, the accumulation of snow and ice on public sidewalks, the growth of weeds on
private property or outside the traveled portions of streets, or unsound or
insect-infected trees, the city administrator shall, on or before September 1 next
following abatement of the nuisance, list the total unpaid charges along with all other
such charges as well as other charges for current services to be assessed under M.S. ~
429.101, as amended from time to time, against each separate lot or parcel to which the
charges are attributable. The Council may spread the charges against such property
under that statute and other pertinent statutes for certification to the county auditor
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and collection along with current taxes the following year or in annual installments, not
exceeding ten (10), as the Council may determine in each case.
Section 610 - Abandoned Property
610.01 Disposition of Abandoned Property.
Subd. 1 Procedure. Except for abandoned and junked vehicles, all property lawfully
coming into possession of the City shall be disposed of as provided in this section.
Abandoned and junked vehicles shall be disposed of according to the procedures of this
section.
Subd.2 Storage. The department of the city acquiring possession of the property shall
arrange for its storage. If City facilities are unavailable or inadequate, the department
may arrange for storage at a privately-owned facility.
Subd. 3 Claim by Owner. The owner may claim the property by exhibiting
satisfactory proof of ownership and paying the City any storage or maintenance costs
incurred by it. A receipt for the property shall be obtained upon release to the owner.
Subd. 4 Sale. If the property remains unclaimed in the possession of the City for 60
days, the property shall be sold to the highest bidder at a public auction conducted by
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