HomeMy WebLinkAbout2023 03-14 PC PACKETCITY OF GEM LAKE
Heritage Hall
4206 Otter Lake Road I Gem Lake,: MN 55110
651-747=2790/92 1.651-747-2795 (fax)
E-mail ciU4gemlakemn.org
Planning Commission Meeting— March 14, 2023.
Call to Order of Planning Commission Meeting
By.Chair Joshua Patrick at 7: P.M.
Call of Roll
Patrick. Farrel[ Cummings Pratt Wippich
Approve and Accept Agenda and. Minutes
■ Accept the Agenda for the March 14, 2.023 Planning Commission Meeting
• Approve the Minutes from February. 14, 2023. Planning Commission Meeting
Public Hearings.
+ None
Old Business
R discussion of Nuisance Ordinance No: 86
New Business
• None
Future Meetings
■. Next City Council Meeting, Tuesday; March 21., 2023
• Next Planning Commission Meeting, Tuesday, April 11,,2023
o Attendance lnquiry
Adjournment --The meeting adjourned at
CITY 4F GEM LAXa
Heritage Hall
4200 Otter Lake Road J Gem Lake, MN 55:11.0
651-747-2790/92 j 651-747-2795 (fax)�6u
E-mail ci0LZzemlakemn.org
Gem Lake Planning Commission :Meeting.
March 14,.2023
Sign. in Sheet
Name Name
Please print clearly Please Print clearly
City of Gem Lake
Planning Commission Meeting — February .14, 2023:
Meeting Minutes
Planning Coal nissiaa Chair Joshua. Patrick called the meeting to order. at 7:00 p.m. Commission: Members. Don
Cu.mmings.and Art Pratt .were present. Not present were Commission Members Stephanie Farrell .and Derek
Wippich: Also present: City Attorney Kevin 8eck,.C.ity Planner Evan Monson and Acting City Clerk Melissa:
Lawrence,
Februarv_14,2023 Ay_enda
A motion was inade.hy Commissioner Pratt. to accept the agenda, seconded by Commissioner Cummings. Voice
vote taken, all .voted yes, motion passes, agenda accepted.
minutes
A motion was made by Commissioner Pratt, seconded by Commissioner Cummings to. approve the November 9;
2022,. Planning Commission Meeting minutes. Voice vote taken, all voted yes, motion passes, minutes 'are approved.
Public Hearings
None
Old Business
None
New Business
Discussion of Nuisance Ordinance: No..86
The. P[an ning Commission discussed the current Nuisance Ordinance and compared them to the Nuisance
Ordinancesfrom neighboring. cities and towns.. After reviewing other Ordinances,. the Planning
Commission got ideas of topics and language to, consider to help improve the current "Gem Lake. Ordinance.
City Attorney Kevin Beck gave some. input on the discussion and thinks that the City should look at adding
in to the city°s abatentent.process . lvlr. B c c k suggested that the .Corn mission look .at White Bear
Townships because the City uses Mike Johnson as our Building. official.
Some next steps the Commission plans'to take are. to identify language: to incIude and weave in the.
abatement process. At the March 14, 2023 PlanningCoinmission Meeting Comm issioner.Chair asked the.
other members to bring in suggestions.. This could mean anything from separating items in to different
ordiaaaces.or adding language that refers to. other ordinances such as the Band Use Ordinance,
Future Meetings
City Council Meeting, Tuesday., February, 21 2023 at Heritage Hall, and Planning Coinmissiou Meeting, Tuesday,
h4arch W, 20..23 at Heritage Hall.
Attendance inquiry
Commissioner Chair Pat rick. surveyed: the Commission -to see if.'any ofthe .members would have.any issues
attending. the March.14, 2023 meeting. At. this time those in attendance will be at the kkt meeting.
Ad*ournment
Sting there nofurther bossiness, following a motion from Commissioner Pratt,.secanded by Commissioner
Cummings, the meeting adjourned at7:55 p.m.
RespectonIty,saibin ilted Melissa Laurence
City of Gem Lake Plane€ng Cnmmissian lvleefing'uTinutes T ebruary 14, 2023
CITY OF GEM .LAKE, RASMSEY COUNTY, MINNE SOT.A.
ORDINANCE NO.86
AN ORDINANCE DEFINING NI USIANCES, PROHIBITING THEIR. CREATION OR MAINTENANCE
AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF.
THE CITY COUNCIL OFTHE CITY OF GEM LAKE ORDAINS:
Section 1. Public. Nuisance Defined. A public nuisance is a thing, act, or use of property which shall:
I.- Annoy, injure, or endanger the health,:safety., comfort; a repose aft he public;
.2; Offend public decency;.
3. Unlawfully interfere: with the use of or obstruct. or tend to obstruct or render dangerous for passage, a
public water, park, square;. street; alley, or highway;
4. Depreciate the yalue:of the property of the. inhabitants of the City of.Gem Lake. or of a considerable number.
thereof or
5. In anyway render the inhabitants of the City of Gem Lake, or a considerable number thereof, insecure in
life or in use of property.
Section 2. Definitions.
.I. The: term "City" as used herein means the City Of Gern Lake:
.2. Th.e terra "person" as used. hereinincl udes.any. person,firm, or corporation, and:the singular shall include
the plural.
3. Where:references.are made herein to particular officers, councils, boards, or agencies, such officers,
councils,. boards, or agencies are those. of the City of Gem Lake:
4. Tha term "Council" as used herein means the City: Council of the City of Gem Lake.
Section 3. PubIic Nuisances Affecting Health, Safety; Comfort, or Repose. The following are hereby declared to
be public nuisances, alffect1ng health; safety, comfort, .or.repos0:
I; Ali decayed or unwhol.esomG food.offcrcd for sale to the. pub] ic;
2.. All diseased animals running at.large;
3. Mirk which is produced by cows whieh have not been tested and found free of tuberculosis within the
year previous: to the offering of such m i I k for sale to. the.public;
4: Carcasses of animals not buried or destroyed within 24 hours after death;
5. Accumulations of manure or rubbish;
6. Privy vaults and garbage cans which are, dot fly -tight;
7. Du.mping the coatents of any cessp.00l, privy. vault, .or garbage can except at places authorized by law;
8: All noxious weeds and :other rank growth;
9. An. accumuIaft on of tin cans; patties, or trash or debris of any nature or. description; and the throwing,
dumping, or depositing of any dead aniina]sI manure; garbage, waste, decaying matter, ground; sand,
stones; ashes, rubbish, tin cans, or other materials of any.kind on private property;
T.U. Dense srnoke; noxious fumes; gas,. and soot or cinders in unreasonable..quantities;
11. 0ffens1 ve trades and businesses as defined by statute or ordinance not Ii.ceinsed.as provided by law;
Nuisanu 0rdinance.No 86
12. A.II plib I i c expos u re. o f pers on s. havin g a contagious disease;
13. "rk.distr J. bution .of samples of medicines or drugs unless such samples are placed .in the hands of an adult
person by someone properly Iicensed; and
14, All other acts, omissions of acts, occupations,. and:uses of property .which are deemed by the board of
health to be a in en ace to the health of the inhabitants of the. City or a considerable nurn ber.thereof.
Section 4. Public 14uisances.Affecting Morals and:Decency: Th e. fol lowing are hereby.declared to be public
nuisances aff'ecting.:public morals and decency.
All gambling devices, slot. machines, and punch .boards;
2. Betting, bookmaking, and all apparatuses used .in such. occupations;
3. All houses kept for the purposes of prostitution or promiscuous sexual intercourse, ganiblinghouses,
houses of ill fame, and bawdy horses.
4. All places where intoxicating liquors are manufactured; sol.d;.bartered, or given away in violation of Iaw;.
or where persons are.permitted to resort for1he purpose 0fdrinking intoxicating liquors as.a beverage
contrary to law, or where :intoxicating liquors are. kept for .sale, barter, or distribution in. violation of l.aw,
and all Liquor bottles, kegs,.pumps, bars,.and other property kept at.and.used for maintaining such.a
.place;..
5. Any vehicle used for the illegal transportation of intoxicating Iiquvr or any immoral purpose;
& All indecent.or obscene pictures; books, pamphIets,.magazines,. newspapers, and billboards;.
7. The public use of profane or obscene language;
S. The looking into or peeping through doors, windows, or openings or private homes.by methods of stealth
acid without. proper authority and. by surreptitious methods, or what.is.cobiinonly known as "window
peeping,,; and
9. All other things, acts, omissions; or. occupatians.Ihat: may be; considered detrimental to the..mora].
wellbeing. of the .inhabitants of the.City or a considerable number.thereof
Section 5. Public Nuisances Affecting Peace and Safety. The following:are declared to be nuisances affecting
public peace and safety:
1. All snow and ice not removed from public sidewalks twelve. (.12) hours after the. snow and ice has ceased
to be deposited thereon;
2. All wires which are strung less than fifteon (15)'feet above [lie surface: of any pub Iic:street or a]ley;
3. All buildings, waIIs, and other:structures which have been damaged by fire, decay, or otherwise to:an
extent exceeding one half their original value or which are:so situated as:to endanger the.safetyof the
public;
4. All explosives, intlamina.ble liquids, and other dangerous substances of materials stores or. accu.mulated
in any manner or in an.y amount other than that provided by.law or ordinance;
S. All use of display of fireworks except as -:provided by law or ordinance;
G.. All unnecessary noises and annoying vibrations;
7. A]I buildings and.all alterations to buildings.made or erected in violation of fire.ordinances concerning
manner and materials and construction;
S. Obstructions and excavations:.afrecting the ordinary use of the public of streets, alleys, sidewalks, or
public grounds, except under such conditions as are provided by ordinance, and any other excavation left
unprotected or uncovered indefinitely or allowed to exist in such manner as to attract minor children;
Nuisance Ordinance No 85
9. Radio aerials stung or erected.in any manner except that provided by law or ordinance;
10.. The piling, storing, or keeping of old i n achincry, wrecked. orjunked vehicles, and other junk'ar debris:;
11.. The use of property abuttin&on a. pubic. street or sidewalk, or any use of a pub€ic.street or sidewalk;
which cause large crowds of people to gather, obstructing traffic and the free use of public streets or
sidewalks;
12. All hanging signs, awn ings1.and other similar structures over public streets or sidewaIks, or so situated as
to endanger public safety;. not constructed and maintained as provided by law or 6rdinance.orwithout
proper permit;
13. The al.lowiing.of rain, .water, ice, or mow.to fall from -any building on any public street.or sidewalkor to
flow across any public.sidewa[k;
14. All dangerous,.unguarded machinery, equipment, or other property in.any public place, or so situated or
operated on pri vate p roperty as. to attract minor children;
1.5.. The distributing of handbills except as.provided by law or ordinance;
16. Throwing, dropping; or releasing printed matter; paper, a any other material objects over'and upon. .tha
City from an airplane, balloon, brother aircraft, or:in such a manner as to cause such materials to fall on
land.in the Ciry;
17. Placing entrance culverts, or doing any act which may after or af1'ect,the drainage of public streets .or
alleys or the surface of grade of public streets; alleys, or sidewalks. without proper permit;
1$.. Making.repairs to motor.vehicIes or tires in public streets or aIIcys, excepting only emergency repairs
when. it. will not unduly.impede'or interfere -.with traffic;.
19, Throwing, placing; depositing; or burning leaves; trash, lawn clippings., weeds; grass, or other material in
the streets, alleys, or gutters;
20. Erecting, painting, .or placing of unauthorized traffic signs or advertising signs in streets or alleys or on
sidewalks;
21. A.]I unnecessary interference and disturbance of radios or TV sets caused by defective electrical
appliances and equipment'or hproper operations thereof; and
22. All other conditions, acts; or.ihings which are liable to cause `injury to the.person.or.property ofanyone.
Section .G. Traffic and Vehicles
6.1 Snowmobiles
1. Incorporation by Reference. The provisions of Minnesota Statutes, Sections 94.84 through 84.90, and the
provisions of the Regulations of the. Minnesota Commissioner of.NaturaI Resources: contained in Sections
7466.5100 and 7460.5100 of.Mianesota Rules 1989, and. any amendments to.those.statutes .or regulations
or substitutes for those statutes or regulations that may from .time.to. time .become effective, are hereby
adopted and incorporated herein by reference.
.2.. Limitation of Operation. No person shall operate a snowmobile in the City of -Get" Lake except on public
trails, waterways, anal highways specifical €.y designated for 'such use, or on pri.vate.prop 6rty where lawful
permission has-been obtained From the property owner, occupant; or lessee. No.snowmobi le shad. be
operated within any public right=of way or on a. public sidewalk or trail provided or used for pedestrian or
bicycle.travel:
3. flours of Operation. No person shall -operate a snowmobile in the City of Gem Lake between the hours of
eleven (1.1) o'clock p.m; and seven.(7) o'clock a:m. prevailing time in Ramsey County, Sunday through
Thursday, and from one (1 ) o'clock a.m. to .seven (7) o'clock a.m. on other days; including the day
preceding a national holiday.
fuisance 0rdinaue No 96
4.. Speed. No person shall operatea snowmobile in.the.City of Gein Lake at asspeed in excess of (units
specifically posted for such. use or as aspeed in excess of fifteen (15) mi les.per hour within one hundred
fifty (1.50).feet of any fisherman, fish:hause, pedestrian, skier, skater, skating rink,.sIiding.area, ski tow
area, or other areas inhere such operation would. con flict with or endanger other persons or. property,
5. Tow Bars. No person shall operate asnowmObiIle so as to tow any person; sled, or other conveyance,
except by the use of a rigid low bar attached to the.rear of such snowmobile. Person s towing disabled
snowmobiles shall. be exempt.
G. MandAtory Lights. No person shall operate a snowrn6bile unless such vehicle is..equipped with a head
1igh.uand tail light that are illuminated at all times during. suchoperation. Snowmobiles equipped with an
engine of five (5) bgrsepower or less shall be exempt.
7. Mandatary Pennant. No person shall operate a snowmobile unless such vehi.c.le is. equipped with.a red:or
orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less
than five (5).feetabove the roadway.
S. Authorind Snowmobiles: Authorized srimvmO Ies may be used.on any public property wi th in thc.City
:for rescue, emergency or law enforcement purposes,
6.2 AII-Teftain Vehicles — (ATVs)
Limitation of Operation. No. person. shall. operate: an all -terrain vehic.le'in the C:ityof Gem Lake except on
public trails, waterways, and highways specifically designated for such use,:or on.private property where.
lawful permission. has been obtained froth the property owner, occupant, or lessee. No all -terrain vehicle
shall.be. operated. within any .public right<of--way or on a public sidewalk or trail provided or used for
pedestrian or bicycle travel.
2. Hours of Operation. No person shall operate an ail -terrain vehicle in the City of Gem .Lake between the
hours of eleven (11) o'clock p.►n. and seven (7)•o'clock. a.m. prevailing time.in Ramsey County, Sunday
through Thursday, and k.orn one. (1) o'clock a.m, to. seven (7) o'clock. a.m.. on other days; including the day
preceding a national holiday.
3. Speed, No. pe.rson.shalI :operate.an all -terrain vehicle in the City.of.Gem .Lake at a: speed in :excess. of Iiinits
.
specif cally posted for such use or as a speedin: excess of fifteen (15) miles per hour within. one hundred
fifty (1.50) feet of any fsherman, fish house, pedestrian, skier, skater, skating rink; sliding area, ski. .tow
area, or other areas where such operation would conflict with or endanger other person s.or property.
4.. Authorized All. -Terrain Vehicles. Authorized ail -terrain vehicles may be used on any public property
within. the City for rescue;. emergency or.law enforcement purposes.
6.3 Use of Streets and Highways; Incorporating State Traffic Laws
L Hi.ghway Traffic Regulation. Act Incorporated by Reference. The .regulatory provisions of Minnesota
Statutes, Chapter 169,:and:any a in endrnents:thereto or substitutes therefor that inay from ..time to time
become effective, are hereby adopted as a traffic Ordinance regulating the use: of highways, streets, and
alleys within the City of`Gem Lake and are Hereby incorporated in and made part of this code: as completely
as ifset out:here. .iri 611.
2. Penalty. Any violation of.the:statutes adopted by reference.in.6.2.,1 is a violation of this:Code, when it
occurs. within the CityofGem Lake..
;nuisance ❑rdiriance No 86
6.4 Parking Regulations
1. In Gene.rul: It is.unIawfuI for any person to stop, .stand or park a. vehicle; except.when necessary to avoid
conflict with other ti affic.or in compliance.with the specific directions of police.officer.or traffic control
device, in any ofIhe. folI6wing places:
1) On a sidewalk;
2) In front.of a publ is or private driveway;.
3) Within an intersection;
4) Within ten (10) .feet of a fire hydrant;
5). On A crosswalk;
6) Within twenty (20) feet of crosswalk at any intersection;
7) In a sign -posted fire. lane;
8) Within. thirty (30) feet upon the. approach to. any:flashin'g: beacon, stop. sign or traffic control signal
located at the side of a roadway;.
9) Within fifty (50.) feet of the:.nearest rail of a. railroad crossing;
10) Alongside: oropposite any street excavation or obstruction. when such stopping, standing or
parking would obstruct traffic;
11) On the roadway side.of any vehicle stopped or parked at the edge or curb of: a street;
12) On any bridge or elevated structure of a.street;
.1.3j At any place where official sighs prohibit stopping;.
14) In front of a mailbox during the hours:.of 9:00.a.m, to 4:00 p.m. Monday through. Saturday. Postal
carriers must be able to drive into. and out of the deIiveryarea without. backing up.
2. Passenger Vehicles. No. passenger vehicle shall.be parked on any street within the City of Gem Lake. for
more than'seve nty-two (72) .consecutive hours;
3. Winter Parldng Restrictions. The parking of any motor Vehicle upon any.road.or street in Gem Lake is
prohibited between the hours of:2:00 a.m. anal 6:60 a.m; from November last thro0gh Apr i1.11 of each year,
4. Sri owfall Restrictions. No motor vehicle sha]I be parked on any street or boulevard within the.City of Gem
Lake after a snowfall of one (l) inc.h .or more which necessitates theplowing.and removal. of snow from.the
streets and boulevards in .the City until such. time as the plowing and snow removal is completed. No motor
vehicle, trailer, or other obstruction shall be located within two. (2) feet of any street or boulevard after a
snowfall of one (1) inch until such time as the.plowing and: snow removal has been completed.
5. Enforcement. When any Contmunity Service Officer finds a vehicle standing or parked. on any street in
violation: of this -Ordinance, such officer is hereby. authorized to move such vehicle or require th.e driver or
other person in charge of the vehicle. to move the same. When any Police Officer finds a vehicle unattended
and standing or parked in violation of this Ordinance, such officer is hereby authorized to provide for the.
removal of such vehic€e.and remove the same to the nearest. convenient garage, outdoor area or other place
of.safety, and such: Vehicle shallnot: be removed therefrom until reasonable costs of moving and storing the
same have been fully paid. In the event that any vehicleheld.or stored under the direction of a police. officer
upon which there are charges for storage or towing; or hoth, is not reclaimed; recovered or taken by the
vehicle owner thereof, there shall be deemed to be imposed upon such vehicle.a Possessory Lien in the
amount so charged and unpaid, and should the owner thereof.faiI to pay the same, then the Possessory Lien
maybe foreeIosed. in. the: manner provided by €ativ:
Nuisance Ordinance No 86
.6. Penalty. Any person violadng.any of th e :p rovi 9 i on s. of 6.3.1. shall be guilty of a. petty Misdemeanor..
Section 7. Weapons
1. No. person in the City of Gem Labe shall have. in his possession; except within his own domicile, or carry,
use, or discharge any air.gun, ".1313" gun, gas -operated or spring gun, or%any ather.simi tar type instrument
for the purpose of throwing or projecting.:missiles of any kind whatsoever, whether such instrument is
called by any name.set forth or any other name.
2, The prohibition of 7,1 above. shall apply in private grounds or premises .tinder circumstances when such
instrument can be and is:fired, .discharged,. ar operated in such a manner as to endanger persons, property .or
wild animals.or.birds; and further provided that nothing herein contained shall be construed to. prevent the
carrying of any type gun whatsoever when unloaded and properly cased.
3. Any person wishing to discharge anynstrument referred to in 7.1 for same special reason or purpose must
secure a written perinit from:the.City CounciI.
Section 8. Curfew for Minors
1. Restrictions on Minors. It sha11 be unlawful for .any:minor under the. age. of sixteen (16) years to loiter.
idle, wander, stroll,. or play in. or upolt the public streets, highways, roads,.:alleys; parks, playgrounds, public
places and.public. buildings; places of entertainment and.arnusern ent, vacant lots, and outer unsupervised
placesin the City of Gent Lake between the hours of ten o'clock p.m. and five o'clock a.m, the. following
.day: It sha]I he unlawful for any minor who:is sixteen .(16) or seventeen. (17.) years. of age to loiter, idle;
wander, stroll; or play in or upon public streets; highways, roads; alleys, parks, playgrounds, public places,
grid public buildings, places of entertainment and amusement, vacant lots, and other unsupervised placesin
the City of.Gern Lake between the hours of twelve o'clock midnight.and five o'clock the.foilowing.
morning. Provided, however, that:the provisions of this section do not apply to:a minor accompanied by his
or her guardian, be otter adtiIt person haying the care all d.custody.of tht minor, to a minor who is:upon an
emergency errand or other legitimate business. directed by is. or her parent, guardian, or other adult• person
having the.care and custody of the minor, or where the presence of said minor in. said place or places is
connected with and required by some. legitimate. business directed by. his.or her parent,: guardian, or other
adult person having the care and custody of the ininor, or where the presence of said minor in said place or
places is connected with a require&by some legitimate business, trade, profession, or .occupation in .which
said minor is permitted by law to be engaged.
2. Duties of Parents. or Guardians. it. sha[] be unlawful for the parent, guardian, or other adult person having
charge:of a minor. under the..age of eighteen. {.18j years. to permit such rninor to:Iaiter, idle., %van.der, stroll, or
play 1n'or.upon the public.streets,.highways; roa ds,. a I toys, parks, playgrounds, public:pIaces and public.
buildings, places of.entertainment.and amusement, vacant lots, and other unsupervised.places in ih.e City of
Gem Lake durin the hours prohibited by this Ordinance;:provided, however, that the provisions of this
section do not apply when the minor.is accompanied by his or her. parent, guardian, or other adult person
Itaving the care and custody.of the minor, where.tlic minor is upon an emergency errand or legitimate
busines5 directed by his ar.Itcr parent, guardian, or other adult person.having.the.care .and custody.of the.
minor,. or where the presence of said minor in said place is -connected with and required by some legitimate
busi.ncss; trade, profession, or occupation in which. said minor is permitted by law to lie engaged.
3. Minors. in, Amusement Places. No person, operating or in charge ❑f any place of amusement,
entertainment, or refreshment shall permit any minor under the age of eighteen (18)years to remain in such
place during the hours prohibited by this ordiriance; provided, however, that the: provisions'of this :section
shall. not apply when such niin6r is:aminopanied:by his or her parent, guardian, or other adult persbn
having the. care and custody of the. ininor.
Secti.an 9.. Duty.of:Owners and. occupants; rerhova 1 of nuisances by. City
Nuisance Ordinance No A.
1. 1ce, snow, and rubbish from sidewalks. The. owner and 'th6 occupant of.any property adjacent: to a public.
sidewalk shall use diligence. to. keep such walk safe. for pedestrians: No such owner or:occupant shall allow
snow, ice, dirt, leaves, or rubbish to remain on the sidewalk longer than 24 hours. after its deposit:
2. Weeds.. Any weeds, whether.noxious as defined by law or not, growing:.upon any lot .or parcel of land.
outside the traveled portion of any public street or alley in the City to a height .of six (6) inches or greater or
which have gone or are about to. go to seed are hereby declared a<nuisance. The owner and the occupant
shall abate or prevent the nuisance on the property and on Iand.:outside the travel ed.portian of the public
strect.or alley abutting on public property. The City.shalI give the: owner and. Qccrspantwritten notice
directing the Abate ment.of such weeds, and stating that if not, destroyed by the City at the expense. of the
owner; and that, ifnot paid, the charge. for such work shall be made. a special. assessment against the
property concerned.
3.:. Removal. by .City. The .City Public Works Supervisor may cause removal of the nuisances specified in 9.1
and 9;2 upon expiration of the. period of time given the owner and occupant in those sections'to remove the
nuisance. The City Public Works Supervisor shall keep a record showing the cost of the removal adjacent.
to.eaah separate lot and .parcel.
Section ltl: Portable Storage-1 Disposal Container Unit..
1. Definition. The following definition shall apply to this ordinance:.
1) Portable Storage! Disposal Container Unit—shal].mean any enclosed or open container
con structed:of any material used For tern 0oraryor Iong.terrn storage: of personal property or any
container used to dispose of solid waste., construction debris, or any other refuse.
2. No. property owner or:persvn shall store on a.rest dential property a portabl..e storage / dispos.al container unit
more than thirty (30) days in.any 12=month period starting with the day 1 date the container unit is Frst
moved on -site. Ail. portable storage 1 disposal con tainer.units must be stores on an im.pervious surface on
t: the property. TheCity nlay grant a time extension of an additional sixty(60). days provided the property
owner gets City Council approval for the container from the City. In no case shall .a portable storage l
disposal container unit be stored on a property niore. than ninety(9.0) days in any I2-m0.nth period. This
provision applies to all residential properties inclLid ing.singie fainiIy homes, town houses,:con dot r iniums,
and multi- family complexes..
A. Portable: storage i disposal container units stored on residential properties i.n conjunction with a building
perntit.or home improvement project are exempt from these provisions, except for the requirement to keep
the container unit cn an: impervious- surface. In. such case, the property owner shall make every effort to
adhere to a 1.20 day maximum tiine Iiinit.
4. Portable storage 1 disposal container units. meeting the definition set forth in Section 10.1.1 which are. use d
for regular refuse and recycling.pick=up: on: ccminercial or industrial properties shall be exempt..
Suction I i..Methamphetamine Labs.
1. Purpo..se and Intent.
The purpose of this. Section is to protect 'the public.health, safety and. welfare and reduce public exposure to
Iiealth risks where law enforcement officers have determined that hazardoLis chemicals from a suspected
clandestine drug late or 'chemical dump site may. exist. These conditions present health and safety risks to
occupants and visitors of.such structures and Iand.through fire, explosion and skin and respiratoryexposure
to .chemicals. The City Council fn.dsthat such. sites may contain hazardous chemicals, substances, or
residues that glace people, particularly children or adults of child-bearing age, at risk. of exposure through
inhabiting the property, visiting the property or using or. being.exposed to contain i n ated personal property.
2:. ❑ef3nitions.
1.) Child -- means any person less than 18 years of age.
Nuisance Ordinance No 86,
2) Chemical dump site.— means anyplace or area where chemicals or other waste materials have
been located,
3) CIandes.tine drug lab. — means the unlawful manufacture or: attempt to manufacture. controlled
substances.
4) Clandestine drug Iab.sitc -.means any place or area wit ere .law enforcement has determined that
conditions associated Mth..the. operation of unlawful clandestine drug labexist. A clandestine drug
I a b site. includes any dwelIings;access0ry structures, buildings, a chcmical dump site,a Veil i61e,
boat, trailer:or other similar appliance or any other area, land or Location:
S) .Cle..anup — means prope r.removaI .anal./or containment of substances hazardous .to humans and/or
the environment at a clandestine,drug.lab site or chemical dump .site.
G) Controlled substance.— mcan s•any drug, substance or, immediate precursor in Schedules I
through V of iblinnesota Statutes.Section 152.02. The term does not include distilled spirits, wine,.
malt beverages, intoxicat ing.Iitjuors or tobacco.
7) Owner —means any person; firm, co rporat ion, :o r other entity who..owns, in whole or in part, the'
land, building, structure,.vehicie, boat, trailer or other location associated with a clandestine drug
lab site or chemical, dump site.
S) P116lic Health Nuisance - means.a nuisance.as defined above or Linder vlinnesota Statute.. Section
4 45A.02,.su bdivision. 17.
9) Remediation — means methods such as assessment, evaluation, testing, venting,. detergent
scrubbing, ericlosure, en d ap s 61 at ion, demolition, and/or removal of contaminated materials from a
clandestine drug lab site or chemical dump site.
3. Declaration of Property as a Public Health Nuisance.
1) .Any property containing.a. clandestine drug lab or chemical dump site will be. declared a public
health nuisance.
2) No p.erson.may occupy, enter or allow occupancy or entrance to property declared a public health.
nuisance under this Section..until such declaration. is vacated or modified to allow occupancy.
4. Law Enforcement Notice to Qther Authorities.
Upon identification of a clandestine drug.lab site or chemical dump site deemed to place neighbors, visiting
public, or present. and future occupants of the affected property at rislk for exposure to: harmful
contarninartts. and other associated conditions, law enforcement officials shall notify the. City
Environmental health Official and other appropriate municipal, child protection, and public health
authorities of the property location, the property .owner if known., and conditions found,
5. Seizure of Property.
1) Ifa clandestine drug lab or chemical dump site.is located inside a. vehicle, boat, trailer, or other
form ofmoveable.personalprop erty, law enforcement authorities may imrnediately seizesudh
property. and transport it to:a more secure.location.
2) Person alpro pcity may not be.rernoved from a clandestine.dtug lab site or a chemical dump site
without the prior consent from the City Environmental Health Official.
6. Action by City Environmental.health.Official.:
I.) Upon notification by Iaw enforcement authorities, the City Environmental Health Official or other
appropriate -municipal or public health authority will issue aneclarat ion ❑f Pit bIicReal th
Nuisance for the affected property and.post a copy of the Declaration at all probable entrances to
the dwelling or property.
Nuisancc:brdinaneeN❑ 86
2] Removal of the posted Declaration ofPub[ ic Health Nuisance by anyone other than the
Environmental Health Official, law en foreement authori ti es, or their -designees, is prohibited.
3) The City Environmental Health.Official shall also attempt30.notify the following parties.of the.
Declaration of Public Health Nuisance:
1. Owner.of the property;
ii. Occupants.of.the property;.
iii. Neighbors within close proximity that can. be reasonably affected by the conditions
found;.
iv. The Ramsey County Sh6rifFs Department;. and
v. Other state.and local authorities, such a$ the Minnesota Pollution Control Agency and the
Minnesota Department Of Pu61ic.Heal th, which are known to have public and
environmental protection responsibilities -applicable to the situation.
4) Any rental license issued by the City for the property is immediately suspended upon issuance of
the. Declaration of Public Health Nuisance. Such license will be re i n stated. on I y after full
cOmpliance w'M an abatement order.
S} After issuance ofthe. Declaration of PubIiC.Heal th Nuisance, the City Environmell tal l-leaIth.
Official will issue an order.to the property. owner to abate the public health nuisance..The
abatement order will i n c I u& the following;
L A.copy of the Declaration -of Public.Health.Nuisance;
iL Anorder to.immediately vacate those portions of the property, includiag:buiIding or
structure interiors, which may place:the. occupants or visitors at risk;
iii. Notification of suspension of the rental license, .if applicable;
iv. A summary of the.owner's:and occupant's responsibilities;
v. [nforrnation on locating professional services necessary to remove and abate the public
health: nuisance status`as provided in this Ordinance: and Minnesota Statute Section
145A.14; and
A. Tnformation about fhe potenti61ly.hazardous condition of the clandestine drug lab. site. or
chemical dump site.
7. Responsibilities of Owner.
1) Upon receipt of an .abatement order by the City's Environmental Health O. f cial, the property
owner must, at the owners expense:.
i. Tin mediately vacate those portions oftlie property; including buiIdin9 or structure
interiors that may place:the:occuparits or visitors at risk. This incIudes.dwelIings,
buildings, motor vehicles, trailers, boats; appl i ant e s. or any other affected area .or
Iocation..No person shall occupy, enter or allow occupancy or entrance to a buiIdi11g or
structure declared a Public Health. Nuisance until such .declaration is vacated or modified
to allow occupancy;
[i. Properly secure and post warning signs on the.peritneter of any contaminated areas on the
property in an effort to avoid exposure to: unsuspecting parties;.
iii. .Promptly contract with one or more. ate eptab le.envirbrirnental hazard testing and cleaning
firms (acceptable firms are those that have.provided assurance of appropriate equipment,
procedures, and perso.nnel, as determined by the Tvlinnesota Department of Health): to
accomplish the following:
Nuisance Ordinance Nn 8G
1. A detailed on -site assessment of the extent of contamination at the siteand the
contaminat] on:.of the persona] property therein;
Z. Soil testing of the site and testing. of all property and soiI in proximity to the.5ite
that the enAronmehta1.hazard testing.and.cleaning farm determines may have
been affected by the conditions found at.the site;
3. A complete cleanup of all property and soil at the site and in proximity to -the.
site that is. found to be affected by conditions found at.thesite {inclading.but not
Iimited.to, the clean tip or removal of contaminated.p]umbing; ventilation
systems;. fixtures and contaminated soil) or a demolition of the site and.a
complete cleanup of.the demolished site;
4. Rem ediation testing and follow=up testing to determine all health.risks area
sufficiently reduced, according to the.Min nesot a Depart in ent.of HeAIth
guideiines, to allow safe human occupancy and use of thesite and use.of'tlie
personal property therein:
iv. [regularly notify the .City of actions taken and reach agreement with the City on the
cleanup schedule. The City shall consider practical lim'itations.and the avail abi I ity of
contractors in approving the schedule for cleanup; and
v. Provide written :documentatibn to the City of the cleanup process, incIuding.asigned,
written staternonI that the. property is.safe for human occupan Y.:and that the clcan u0 was
conducted in accordance with (Minnesota Department of Health guidelines:
2) The property may not be.re-occupied. or used in any monster until the City has obtained the wr.itter>.
statement is paragraph (l)(E) and has con tirnted that: th0 property has been cleaned in accordance
with.the guidelines established by the Minacsota Department of Health.
S... 0wnWs. Responsibility for Costs.
The owner is responsible for all costs associated with nuisance abatement and cleanup of the clandestine
drug lab .sire or chemical dump site, including, but not limited to; costs for:
I). Emergency Response;.
2) Posting and physical security of the. site;
3) Notifications of.affected parties;
4) Expenses related to. the recovery :of costs, including the .assessment process;
5.)
Laboratory Fees;
G]
Cleanup services;
7)
Administrative fees; and
8)
Other.associated costs..
.9. City Authority to: Initiate Cleanup -and Recovery of Costs:
i} If within.teit (10) days after service of notice.of the Declaration of Public Health Nuisance, "the
City is unable to locate the property owneror.if the City Environmental Health Official. determines
that the. owner refuses to, or•can not pay the costs; or arrange.timely asses smcn:t.and cleanup. that is
acceptable to the City, the City Environmental I-leaIth OMcial is authorized to proceed in a prompt
manner to initiate the on -site assessment.and. cleanup.
2) The City may..abate: the nuisaiamby rentoving'aay hazardous structure, building, or otherwise; in
accordance with Minnesota.Statates Chapter 463, Section 1.4: of this Ord inance.or by any other
mean provided under law.
Nuisance 0rdinanee No..86 10
3] if the City abates the public health nuisance, in. addition to any legal remedy, it. is entitled to
recover all costs .associated with such abatement plus an additional 25%.of the City's costs for
administration. In addition to any other legal remedy, the City inay recover costs.by civil action
against the person or persons who own the property in the inatter.thAt taxes and special
asset sncuts. are certified and collected pursuant to Minnesota Statutes Section 429.1.01.
10, Authority to Modify Or Remove Declaration of Public Health Nuisance..
1) The Environmental Health Official is authorized to modify the Declaration conditions or remove.
the Declaration of Public Health Nuisance.
2) Such modifications or removal of the Dee Iaration shall only occur after documentation from a
qualified environmental or cleaning firm stating that the health and safety risks; including those to
neighbors.and potential dwelIittg.occupants;.are sufficiently abated or corrected to allow safe
occupan by of the dwelling.
Section .1I Enforcement. It.shal[ be theduty.ofthe.Council to enforce the provisions of this Ordinance, and the
Council may, by resolution, delegate to other officers or.agencies power to enforce particular provisfons.of this
Ordinance; including the power to inspect.private premises; and the officers charged.with enforcement of this
Ordinance shall take all reasonable precautions to prevent the commission and maintenance of public nuisances.
Section 13. Powers. of Officers. Whenever, in the judgement of the officer charged with enforcement, it is
determined upon investigation that.a public nuisance is.being maintained or exists: .within the City, such officer shall
notify in Mir iting>tite person committing or maintaining such. pubIic huiSan cc and require him to term inate. .and abate
said nuisance and.to remove such conditions or remedy s.ucIt defects. Said: written notice shall. be served:on the
person committing or maintaining said.nuisancc, in person or by.registered.mai1. If the premises arenot occupied
and A h e address of the:owner is unlntown, service on the.owmer may be. had by posting a.copy of the.aotice on the
premises, .Said notice. slialI require the: own er.or occupant of such premises; or both, to. take reasonable.stcps and
time to be designated in.said notice,..but.the.nmaximum time for the removal of said nuisan ce. after service of said
notice shall not in any event exceed thirty (30) days. Service of notice may be proved by filing an affidavit of
service in the office of the City Clerk setting forth the manner and. time thereof.
When. an order. so given .is riot complied with ',.such noncompliance slialI be repdrted forthwith to the. Council far
such action as may be. necessary.and deemed.advisable in the name of:the: City to: abate and. enjoin:the...further.
continuation of said nuisance.
Section 14. Abatement of Nuisance by Council.
1. Normal .procedure: If, after such service of notice, the.person served fails to abate the nuisance or make
the necessary repairs; alterations;.or.changes in accordance with the direction of the Council; the Council
may cause sucli nuisance to be.abated at the. expense ofthe.CounciI acid recover such expenditure, plus an.
additional twenty-five percent (25%).ofsuch expenditures, by civil action against th0 pemn or:persons
served; or of service has been had. upon the. owner or occupant by ordering the Clerk to extend such s.uM,
plus.t.wenty-five. percent (25°/o) thereof as.a special tax against. the property upon wh1ch.1he nuisance
ex sted.and,to certify the. same to time.countyaauditor.ofRamsey .County, Minnesota, for collection in the
same manner as taxes and :special assessments are certified and collected.
2. Summary enforeetneht..In cases where the delay in abatement required to complete the notice and
procedurexequireinents set forth in.sections. ;t3 and.14A will permit a continuing nuisance:to unreasonably
endanger: public health;: safety.or welfare, the. Council may order summary enforcement and abate the
nuisance. The officer charged with enforcement:shaII determin0.that.a public nuisance.exists or is being
in. aintained.on premises. in the.City:and that delay in.abatemcnt of the nuisance will unreasonably endanger
public Health; safety or welfare. The en forcement.officer shall notify in.:writing the occupantor owner of
the premises of time nature of the nuisance and of the City's decision to seek summary enforcement and.thc
time and place of the Council meeting to consider the question of summary enforcement. The Council shall
determine whether or not th e % con di ti on identified in the notice. to ihc.own cr or occupant is a nuisance;
whether.pubIic health, safety :or welfare: will be unreasonably endangered by. delay in abatement•required to
complete the prop edure. set t forth above, and may order that. such nuisance be i ni rn ed iate. ly terminated or
N9jsarice: Ord"niance No 86
abated. If the nuisance. is not.iinntediately terminated or abated, the Council may 'or. der summary
enforce mmnt and abate th&n0isance.
3. Emergeneies. The City may,. without notice.or other .process,. immediately abate any condition which poses
an .1atm.ineat and serious hazard to. human life or safety.
4. Responsibility far cost: In cases of summary or emergency enforcement, the owner. of premi.ses: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. The:CIerk shall prepare a biII'once.to.sts have been determined and.present
it to the owner, due%and.payable immediately,
Section 15. Assessment. On or before. S.eptember 1. of each year, the Clerk shall list all the total unpaid .charges for
nuisances' abatement an..d for each type of current service. and charge described hereunder against each separate lot
or parcel to which they are attributable under this Ordinance: The Council may then levy the charges against the
property benefifed as a special assessment under. Minn. Stat..S 429.101 and of pertinent statutes for certification
to tie couBty atiditot and collection along with current taxes the folIowing.year in anntial installments; not e:tceeding
teit, as. the Council may d.eterinine.in each.. case. Assessments may be. Ievied:for charges, including, but not limited
to:
1. Abatement oepublic nuisances affecting.health, morals and decency, peace and safety,, and public property
as described. above.
2. Removal or treatment of snow, ice,.tlirt, rubbish.,. weeds, diseased trees or public health and safety as
described above.
I Installation or repair of water service lines; street sprinkIing,.street flush ing; light street.oiIing or other dust
treatment 0fstrecis; repair of sidewalks and alleys; and the operation of a street Iiglrting system.
Tile City Council of Gem .Lake authorizes the Ramsey County Aadifor and the Ramsey County Treasurer to act as.
agents for the Cityaf.Geln:Lake in Rant seyCou6ty to. coIIectreinaining balances of ass asrnen€s for impr6vcments
in cooperation. with. the City Clerk and City Treas.urer:..
Section 16. Penit10es. .Ia addition to any Fines, costs, or assessmeats.provided For by this Ordinance or otlter City
Ordinances, the. City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person,
if convicted, maybe pun ished by the maximum fine and term of imprisonment provided by Minnesota Statutes §
60.9.02, subd. 3, as that statute may be amended from time to time.
Section 17. Repealer. This Ordinancesupersedes, replaces and repeals all prior Ordinances. relating to the sairie
subjects contained within this.Ordinance; Any portion of such prior Ordinances not incorporated .within this
Drdinance is expressly repealed.
Section 18. Severability, .Should any section, su.bdivision,. clause.or other provision: of tliis Ordinance be held to he
invalid by any court of competent. jurisdiction, .Stich. decision. shall not affect the validity of the Ordinance. as a
whole, or of any part thereof, other.than the part held to be..invalid.
Section 19. Effective Date, This Ordinance shall take effect and be in force from and.after is passage and
publication.
Dared: Deceinb& 26, 2022
Gretchen Artig-Swomley, Mayor Melissa.. Lawrence, Acting City Clerk
Updated: September 21, 2021 -- Added language in regards to Portable Storage 1 Disposal Container Units
Updated; December 20, 2022 -- Added language in regards to parking regulations And winter parking regulations
Nuisance Ordinance No 86. 12