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HomeMy WebLinkAbout2009-004 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. g412.191, 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 ofthe City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn. us. 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, 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 Affectinl! 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, or 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; II. 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 Affectinl! 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 2 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 ofthe 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 items 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; 3 602.04 602.05 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 ofthis chapter as defined in Sections 602.02 and 602.03. 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 4 602.06 602.07 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 Citv 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. Emerl!encv 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 5 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: 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. Ifthe 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: 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 bv 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 6 602.08 Effective Date. Adoption Date. 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. Recovery 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 desiguated 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 I 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. This Ordinance shall become effective the 19th day of February, 2009. Passed by the City Council of the City of Arden Hills the 9th day of February, 2009. & loyH", ATT~ ' 'l~6' ----~ Ronald Moorse, City Auministrator Publication Date. Published on the 18th of February, 2009. F:\users\Jessica\Jerry\Arden Hills\Nuisance Ordinance.v I a.doc 7