Loading...
HomeMy WebLinkAbout2023 04-11 PC PACKETCITY OF GEM LAKE Heritage.Hall 4200 Otter Lake Road I Gem Lake, MN 55110 — 651-747=2790192 1651=747-2795 (fax): � �- { Email city a gemlakemn.ortr Planning Commission Meeting — April 11, 2023 Call to Order of Planning Commission Meeting By Chair Joshua Patrick at 7: p.m, Call -of Roll Patrick Farrell Cummings Pratt Wippich. Approve and Accept Agenda and Minutes ■ Accept the Agenda for the April 1.1, 2023 Planning Commission Meeting • Approve the Minutes: from March.] 4, 2023 Planning.Comrnis.sion Meeting Public Hearings. • Requested.Ordinance Amendment.to the Consolidated Land Use Ordinance —White. Sear Montessori School Old Business. • ❑iscussion of Nuisance. Ordinance No. 86. NewBusiness • None Open Items for Commission Members to Bring Up Future Meetings • Next City CouriciI Meeting, Tuesday, April 18,.2.0.23 ■ Next Planning Commission Meeting, Tuesday, May 9, 2023 o Attendance. Inquiry Adjournment --The meeting, adjourned at CITY OF GEM LADE Heritage Hall 420.0 Gtielr Lake Road I Gem. Lake, MN 55110 651-747-2790/92 651-747.2795.(fax) E-mail city rr emlakemn.org Gem Lake .Planning Commission Meeting April:l1, 2023 Sign in Sheet Name Name Phase priiit ciearly PI case'prinruIeuly City of Gem Lake Planning Commission Meeting --March 14,2023 Meeting M inutes Planning Commission Chair -Joshua Patrick called:tlie.me.eting to order at.7:00 p.m. Commission Members Don Cummings, and Derek Wippich. and Art.Pratt were: present. Not present was Commission Member Stephanie Farrell. Also present: City Attorney Kevin Beck; City. Planner Evan Monson and Acting City Clerk Melissa Lawrence.. Marelt 14, 2023 A6 ida .A motion Was. made by 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 to:approve the February 14, 2.023,.Planning Commission .Meeting minutes, seconded by Commissioner Cummings. Voice vote taken, all voted yes,. motion passes; minutes are approved. Public Hearings. None Old Business Discussion. ofNuisance Ordinance No: 86 Commission Chair Patrick started the discussion by reviewing what the commission discussed at their last meeting. Commission Chair Patrick stated that he reached out to Mike Johnson; Building Official. and Code Enforcement, of White- Bear Township.to talk about what the Naming Commission can do to help make the nuisance ordinance better. Mike Johnson felt that the ordinancecould be more streamlined and the. language regarding enforcement could be tightened up a: little more. Commission Chair Patrick also shared. that of ..er a conversation with the. Mayor a suggestion.came up regarding banning on street parking along 5cheunetnan Road. Commissioner Cummings shared that .he did a little more reseuch on nuisance ordinances: in other nearby cities. He. feels, that the City should :consider.aligning its.ordinance to. be more like. White Beat Township's or White Bear Lake's or a. combination of both given the facultat the City'.s police services are outsoume..d to. White Sear. Lake and Code Enforcement is outsourced to White Bear Township. Commissioner Wippich would like to see some languagc added regarding. goWearts and.iJTV's. The current ordinance only covers ATV's and snowmobiles..He would also. like to see .some language regarding dead.., dangerous and diseased trees. He: also feels that overall banning of parking is not the best route to take and the City could instead regulate that there be no overnight parking. Commission Chair Patrick would like to see.language added regarding the piIing, dumping and importing of snow from off site. locations. Per the .Mayor's suggestion to Commission Chair Patrick to use the April workshop date to inviteresidents to City HAItto`give their suggestions, no one on the commission was interested in hoiding.this workshop: Acting City Clerk Melissa.Lawrence will send each member of the commission the. word document of the Nuisance ordinance so that they can edit the.documentwA s.uggesteo changes'tliat.wi.II be brought to the next Planning Commission meeting: New Business None City (if Gem Lake Planning Commission Meeting M i nutes. F&ruary 14, 2023 1 Future Meetiq s City Council Meeting, Tuesday, March,.21 2023 at Heritage Hal[,.abd Planning; Commission Meeting, Tuesday, April 1.1, 2023 at.Heritage Hall.. Attendance .Inquiry Cornrnission Chair Patrick surveyed the Commission to see.if any of the members would have any issues attending the Apri[ 1.1, 2023'meeting. At this time with those in. attendance Commissioner Wippich is the only ohe-that will..not.be.able.to attend. Ad iourn nfe_nt Being there no further business; following a motion from Commissioner Pratt, seconded. by Commissioner W ippich,.. the meeting adjourned at 8.:06 p.m. Respectfully submilted zWi ffssa.Lmurence City 9f Gem Lake Planning Commission Meetiizg Minutes February 14, 2023 -._.__._._._.__.__ __.___------__ - -------- I i Zoning Request Application City of Gem Take, Minnesota 4200 t}tterlake Road, Gem Lake; MN 55110 651747-2790/0 = fax 651747-2795 ci tyC� �e axti l a kerrin: ox�. 1lpplicant:.KkrQ n �eirlooi Address, E: �10 la Phone/cell: 5lo f __'{Q J : 3 email: I Property Owner, j Address: City/State/zip:.. .Legal Description or. PIN #: � Street addxess: Current Zoning: Current.Use:-QS9,—�r_ U h Proposed. Use.: P.4 raAg— S Type of Request: ❑ Application -for Rezoning . Application for Zordxig Amendment ❑Application for Conditional Use Permit �❑ A lica.tion for Varimce pp lap I ❑ Planned United Development (PUJ) I Description of Re_guest: Reas❑n forRequest s�rta�m A� :pc>C ry'hti U�Y cou�a. a a "11nc flat .m�.x 2 jai m two al l t god.. V�.Q ate, l�,r� �� *(A . Previous Requests .To be filled out. by. the Qfty of Gem Lake Prbc6oa.- 6.:kh Eo0.f1 5.4r, Has a: regixest for zoning consi.deratioxi for tliis property been previous considered? ❑ Yes F71 No If yes,.what.date: . Was the request for zoning consideration for. this property approved? ❑ Yes No If yes, what date: Has .any request for .zoning consideration for. this. property owner been previously -considered? ❑ Yes No If yes, what date: Was the request for zoning consideration of thisproperty roperty owner approved? ❑ Ves No.. If yes, what date; Note: This. application mayrequire additional documentation to be considered. complete. Duce all documentation has been receNed; the City will decide on this matter within sixty (60) days. In the event the matter is very complicatedand'will require subsLaritial. discussion and evaluation by more than one person or body, the city. may request that you waive the sixty (60) day decision period to avoid unnecessary denial of your application,. Applicant Signature Date . Foroffice use. only; fee paid Zoning Administrator Approval: 0 Yes: Signature and dale No: Signature and.date. comments; Date Application Complete: (60 day rule.CoInpliance) Zoning Request.A.ppligation 6.2016 W H!, y w%Y B YR i E.rv_n A MONTESSORI 0 0 Zoning Request Application continued. We also request that we lower the requirement of impervious.surface or.buiiding coverage. 0 u r existing requirement is that the total lot coverage of current and proposed structures cannot exceed 15% of the total lot area, and that 25°Io of the fat area shall be open green space. Our current building is takes about 10%Q. of the property. We would like to increase that to 309'6. We woultl like to lower the.25% of open green space to 20% should the. nee d to increase our parking lot be required. Marnie McPherson — Head of school 1.201. East County Road E. White Bear Lake, IVIN 551101 mawbms.org 1.51-429-371.0 r 71 Memorandum To: Gem Lake Planning Reference:. WBMS Zoning Ordinance Commission Amendment Copies To: Marnie McPherson, Applicant Melissa. Lawrence, Administrative Assistant Project No..: 20459,000 From: Evan Monson, Planner Routing: Date: April 5, 2023 SUBJECT: An amendment request of Section 15 of the Consolidated Land Use ordinance; increasing the. maximum enrollment. from IN students to 182, and amending the structure coverage and green. space requirements of the Institutional Overlay Zone MEETING DATE: April :11; 2023 APPLICANTIOWNER: Marnie McPherson; Head of School — White Bear Montessori School REVIEW AER.IOD: 60 day review period ends May 21, Z023 ITEMS REVIEWED- Application, plans,and payment received City an March. 22, 2023 DESCRIPTION OF THE REQUEST The White Bear. Montessori School (WBMS) operates at 1201 County Road E East, at the: southwest corner of:.the.city. The:. parcel is zoned Executive Residential (RX), and is. also identified as being within the Institutional Overlay zone (the.2017 zoning map. refers to the Institutional Overlay as a 'Conditional Use Institutional. The Consolidated Land Use Ordinance states in Section 15.1 that the purpose -of the Institutional Overlay is for permitting uses .that serve the public, and that are Providing uses on a non- profit basis. Section 15.2 lists `religious institutions' and 'private child care and education facilities' as uses. that are permitted within the zone; Sections 15.3 and 15.4 lists.acce.ssory and conditional/interim uses permitted in the overlay. The overlay zone establishes limitations on uses within the zone. WBMS would. be considered as a `private child care and education. facilities' use in the ordinance. WBMS is considering improvements to their facility, and is requesting changes to. the ordinance that would allow for an increase in students; as well:as potential expansion. of their existing facilities: The requested increase in students would be to establish anew maximum of 182, The.applicant. has also requested allowing structures on the site to occupy up to.30% of a lot in the. Institutional. Overlay, and that the .minimum amount. of green space on a lot in the. Institutional Overlay. be reduced from. 25% of the lotto 20%.. Requests to amend the Consolidated Land Use Ordinance are reviewed by the Planning Commission., and approved or denied by the City Council, TKDA121.1:444 Cedar Street Suite. 1500 I Saint Paut, MN 55109 W.292,4400 • tkdaxom An employee -owned. company promoting affirmative action and equal opportunity. Zoning Ordinance Amendment Staff Report Gem Lake Planning Cammissidn Page 2 EVAULATIOH OF THE REQUEST Consolidated Land Use Ordinance Requirements April11, =3 Current requirements As noted previously, Section 15 covers the. Institutional Overlay zoning district. .Section 15.2..2.lists the requirements for uses .such as the VIBMS; Section 15.5.covers. the lot requirements for a parcel within the. overlay. The table below summarizes the current standards, as well as the amendments requested/proposed. by the applicant. Table. I., Current and Proposed Standards for Section 15 Ordinance Section Current. Proposed. Section 15.2.2(B) "total enrollment of`not Iess than. 25 nor more than 150" "A maximum of one -hundred Section 15.2.2(C) twenty (120) "full. -clay equivalent" students" The applicant proposes a new "The "full -day equivalent" shall be calculated by adding together maximum of 182 students the total number of.students: Section 15.2.2 (Q) present during each hour of the "full -day° of school. This total shall not exceed.1,20.0, which is 120 students times 10 hours." "The total lot coverage of all The applicant has. proposed Section 15.6.1 buildings and other structures increasing the rriaximum coverage shall not. exceed 15W for buildings and structures on the lot from 15% to 306W "The minimum open space requirement for any proposed use shall be 25%, including The applicant proposes. to reduce Section 15:6.2 green areas not covered by the minimum open space buildings, parking to access o o requirement from 25Io to 20./0 roads, storage areas or other areas covered by impervious surfaces" The increase in.the.number of students would require revising the language of Sections 15.2.2(B), (C), And. (❑), 15.2,2(13) sets. an overall enrollment limit. of 1.5.o. while 1 5.2.2(C). sets. themaximum number of `full day students' at 120. 15.2.2(a) defiles:a:'full .day student'; which references the 120 amount. The applicant's request is for a maximum of 182 students; a redlined copy of the. current ordinances with the proposed increase is included as an attachment for the commissioners to consider. The Institutional Overlay is unique in that.in.addition to setback requirements. it sets specific limits on the lot coverage for structures, and. sets a minimum amount of. open space that is to be:.provided on a: lot within the overlay. The WBMS parcel, if they were to add or expand their current building, would likely be unable to adhere the current .standards found in .Section 15.6.1 and 1.5.6.2 .In lieu of requesting a variance from Section 15.6.1 and 1516.2. if they pursue an .expansion in the future, the applicant is looking Zoning Ordinance Amendment Staff Report April 1 i,.2023 Gem Lake Planning -Commis sion Page 3 to amend the ordinance, This would allow them the opportunity to consider, plan, and design any possible changes to their facilities without adding the unknown outcome of a variance request into the rnix. Any proposed addition on the parcel still Would have to adhere to the Consolidated. Land Use. Ordinance, as Well as the other rules and requirements of the city, Figure 1 ' Aerial of WSMS property, per Ramsey. County. G!S Amendment Process The :Consolidated land Use C]rdin.ance cutlines.the process and procedure for amendments. 17.6.4 ❑utlines the Planning Commission's review of potential amendments, with 17.6.4{A} noting that requests should meet one or more :of the following conditions: 1) A mistake has been made in the original. zoning which was inconsistent with. the Cam prehensive Municipal Plan adopted by the City which should now be corrected; or. 2) Substantial changes have occurred within the City since the adoption of. the Comprehensive Municipal Plan which changes should result in .an amendment of both the. zoning and the Comprehensive Municipal Plan; or 3) There shall exist a clear public need for a benefit to be derived from the proposed zoning which shall be greater than any benefitor convenience of the property owners. 4) Beyond a public need being evident; the application shall show that. the public interest would be best served: by rezoning the property.in question and .that the property in question is the best qualified to serve said public need; or 7 Zoning Ordinance Amendment Staff Report April 11, 2023 Gem Lake Planning Commission Page. 4 5) In the case of "down zoning" which would diminish the intensity of tiie.cu.rrent use to a.less intensive use, theproposed.zoning shall allow the property owners a reasonable useof their property under the. terms of this `ordina.nce: as well as serve. the public interest. The applicant's request is not related to a request to change the Comprehensive Plan, so condition 2 would not apply. The request is not a change in zoning designation (rezoning), so condition 4 does not .apply either. Condition 5 does not apply,. as the request is not a 'downzoning'. The Comprehensive Plan includes goals for a 'h.ig h-qual ity man made environment' for new and redevelopment projects (Chapter .Four), as well as policles regarding having high 'Aesthetic considerations for new and existing construction' through the zoning ordinance, but ensuring standards do not 'be so restrictive that they stifle the creativityand individuality. of planners and designers, :or place an unreasonable financial burden on the property owner' (Chapter Five), These proposed: amendments by the applicant could :be considered making the city's zoning. consistent with meeting the goals and policies of the. Comprehensive Plan relating to standards.and quality -of development, and thus would satisfy condition 1.. The commissioners. should consider the potential impacts and consequences of the proposed `amendment, weighing. how the request may impact: the character and developmentof certain neighborhoods, how the request may impact other requirements; and how the request fits With the Comprehensive Plan. Section 17.6.4(B) includes the following criteria for the Planning Commission and City Council to consider to help in review of amendment requests: 1 } Adjacent Uses 2} Air and Water Quality .3). Traffic Generations 4} Public Safety and Health 5} Area Aesthetics 6} Economic Impact on Then >=ntire:Area 7} :Consistency with the Comprehensive Municipal Plan Ordinance Amendment Criteria Below is the Planner's findings in regards to the criteria for this request, with the criteria in italics. The Planning Commission should discuss the criteria for amending the ordinance, and what findings there are for each. The findings for the criteria can serve as the basis for a recommendation to approve or deny the request. Conditions for zoning amendments, per Section 17.6.4(A); A mistake has been made in the originalzoning which was. inconsistent.with:tbe Comprehensive Municipal Plan adopted by. Me City which should now be corrected. The zoning ordinances for the city .should .always be reviewed for consistency with the. goals and policies of the Comprehensive Plan, as the zoning Ordinance is one of the primary tools used to implement the Plan. The recently adopted 2040 Plan identifies that the .city only has one institutional use, V1BMS, which would not change as a part of thie requested amendment. The. 2040 Plan discusses goals: relating to new and redevelopment of land, ensuring that development. is. held to a high. standard, but not too high .of a standard to prohibit creative use and development of land. The proposed changes would appear to allow for changes to occur to the WBMS while still including performarice standards .that result in high -quality aesthetics and design. Criteria for review of impact, per Section 17.6.4(B): ■ Adjacent Uses Zoning Ordinance Amendment Staff Report Ap.r11 11., 2023 Gem Lake Planning .Commission page 5 The city only has one parcel in the Institutional. Overlay. No other parcels are designated as such in the future land use reap, so:new institutional uses are not. expected. The current parcel in.the overlay zone abuts two parcels that are residential in use,. and is kitty-corner from another. The development to the south and.:west:are. commerciai and are. located.outside. of the city`s jurisdiction. The Consolidated Land Use ordinance would limit the -amount and intensity of expansion on the parcel, even with the -proposed amendments -Setbacks, lot coverage limits, and landscaping/buffering.wou.ld still be required to separate neighboring residential parcels from activity on the WBMS parcel. Air and Water Quality The proposed amendment could allow for potential expansion of the VVBMS. Any expansion would be. reviewed. for compliance with the city's.regulat'ions, as weli.as those of other agencies. Traffic Generations Expanded student counts.could result in an uptick of traffic in and out of the site. Any expansion would have to study the potential impacts, and will trigger review of the site's connection with adjacent roads during the zoning and. building permit.review process. The site abuts two County roads — Labore Road and County.Road E. If there are concerns with the connection of the site to adjacent roads, the commissioners may want to discuss changes to the.re.quested amendment, such as a. lower student maximum, or allowing an increase in students through a conditional use permit, • Public Safety and.Health The proposed amendments do not.appear to impact public safety and health. it Area Aesthetics The WBMS site is wooded along each side, blocking the view of the site from neighbors and the roadway. The ordinance requires buffers and landscaping between institutional uses and residential uses, which wouldstill apply if the proposed amendment is.approved, ON Economic Impact on The Entire Area The proposed amendment could impact the area through. the increase of jobs at the WBMS, and through the additional use of the facility by residents and those in nearby communities, • Consistency wrrh the Comprehensive Municipal Plan The Plan notes that the WBMS site is the only institutional use in the City, and. that no other parcels are planned to be institutional in use. The proposed amendments Would riot change the use.frorn intuitional, but would change the intensity of the use on the site. The 2040 Plan discusses weighing high -quality design standards with allowing the.creative use. and development of land, The applicant is considering changes to their facility, with the proposed. amendments. .allowing them to consider additional changes, such as expanding their offering to more sfudents. It would appear the amendments are consistent with the current Corn p rehe nsiVe. Plan.. 7 Zoning Ordinance Amendment .Staff Report April 11, 2023 Gem lake Planning Commission Page 6 OPTIONS The commissioners should review the criteria for the request, and determine if there are findings to support approval or denial: The Planning Commission has -the following options for this request: 1, Recommend the. Council.approve the request, with or without changes 2: Recommend the Council deny the request, with findings for denial 3. Table for further review/study RECOMMENDATION If the Planning Commission makes findings for:approval, the Planner would recommend. approval of the ordinance amendment. A. redl'ined document. showing the proposedchanges. in the current Consolidated Land Use Ordinance is included. Attachments: • Redlined ordinance with proposed amendments (Page 7 of Staff Report) ■ .2017 Gem Lake Zoning Map I Zoning. Ordinance Amendment Staff Report April 11, 2023 f Gem take. Planning Commission Page 7 Section 15.2 Permitted Uses.; Subject .to applicable provisions of this Ordinance,. thefollowing. are permitted uses in an Institutional Overlay District; 15.2.1 Religions institutions such as. churches, chapels, temples and.. synagogues, but with .activities limited to worship and related. social activities. 15.2.2 Private Child Care and Education facilities as defined in the definitions section ;of this Ordinance, but with. activities Iirnited to school/educational activities. A) An enrollment with an age not to ekceed twelve (12) years: B) A total enrollment of not less than twenty-five (25) nor more thanrxr r= rT c;a�c luar.r[hred ei�l.zt7 .uo. 0 C..} A maximum of .one=hundred rx : 'z , 0, ,tzt.= 3u n in 8-2? "frill -day . equivahent" students with a full -day* defined.as: ten (10) h.ours. D) The "full -day equivalentC.' shall be calculated by adding together the total .number of students. present during each liour.o:f tire."full day" of school. This total shall not. exceed.1,?00 1;820, which is 472 -182 nidcrits tunes 10 hours. Section 15.6 Lot Coverage and Height. Requirements. The following lot coverage and height requirements shall be observed in the Institutional Overlay district. 1-.6.1 'The total lot coverage of all buildings and other structures shall not .exceed �n thil ry j 30':• ; percent. 15.6.2. 'I'lie minimum open space requiretxient For tny. proposed use shallbe percent; including green areas riot dowered by buildings, parking lots, access roads, :storage areas or other areas .covered by unper� ious surfaces. 1.5.6.3 No.building structure. shall exceed thirty-five (351) feet iia height. 15.6.4 No accessory structure shall .exceed Mvo (2) stories or twenty-five (25') Feet in Height, whatever is lesser and no accessary structure any part of which is. within three -hundred (3.00') feet of an "R" district or a roadway .Bordering an "W'.district shall exceed .Fifteen (15') feet in height: 1 N O m� c p ❑ C. � C C L d ro a M d vu LU uj N CITY OF GEM LAKE, RASMSEY COUNTY, MINNESOTA ORDINANCE NO..86 AN ORDINANCE DEFINING NUSIANCES, PROHIBITING THEIR CREATION 0R.:MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION .THE REOF. TIME CITY. COUNCIL OF TIIE.CITY OF GEM LAKE ORDAINS: Section 1. Public Nuisance Defined. A public nuisance is.athing, act, or use of property which shall: I. Annoy, injure. or endanger the::bealth, safety;. comfort, or repose of the public; 2. Offead pub Iic.oecericy 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 value 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 Geri. Lake. or a.considerable.number thereof, insecure in life or in use of property. Section 2. Definitions. 1. The: term "City" as used herein means the•City of Gem lake. 2. The term "person" as used herein includes any person, firm, or corporation, and the singular shall include the.:plu.ral.. 3: Where references are rnade herein to particular off cers,..counciIs, boards; or agencies, such officers, councils, boards, or agencies are those of the City of Gem Lake. 4. The term "Council" as used herein means the City Council of the City of Gem Lake. Section 3. Public Nuisances Affecting I-IeAlth,:Safety, ConAbrt,'or'Repowe The following.are hereby declared to be public nuisances, affecting health, safety, carrifort; or repose: 1. All decayed or unwholesome food offered for sale. to the public; 2. All diseased animals running.at large; 3. Milk which is produced by cows which have not been tested and found free.of tuberculosis within the. year previous to the offering ofsuch-m'slk 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.not fly=tight; 7. ©.umping the contents ofany.cesspool, privy. vault, .or garbage can except at places authorized by law; S. All noxious weeds and other rank growth; 9. An accumulation of tin cans, bottles, or trash or debris of any nature or description;. and the throwing, dumping, or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish,. tin cans, or other materials of.aby kind on private property; 1.0. Dense: smoke, noxious frames; gas, and soot.or cinders in:unreasonable quantities; M Offensive. trades and businesses as:def hed by statute or ordinance not.licensed. as provided: by. law; Nuisance0rdinanee Na 86 12. All public exposure. of persons having a tontagious disease; . 13. The distribution .of samples ofinedicines.or drugs unless such samples are.placed in. the hands .of an adult person by someone properly, licensed; and 14. .AII .other acts, omissions of acts, occupations,. and. uses of property wh ichare deemed by the board of health tobe a menace to the 1reaIth of the inhabitants of the City.o'r a. considerable number thereof Section 4. Public Nuisances Affecting Morals and Decency..The.fol.lOw. i.ng are hereby declared to be public nuisances affec..ting.public moral s:and decency.. L All gam b]ing 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, gambling houses, houses .of ill fame; and bawdy houses. 4. All paces where i61oxi.cating liquors are raian ufactured, soId,. bartered, or given. away. in vioIation of law, or. where. persons are permitted to resort for the purpose of drinking intoxicating liquors as.a beverage contrary to law, or where intoxicating liquors 'are kept. for. sale; barter, or. distribution. in. violation of law, and all liquor.bottles, kegs, pumps, bars, and other property kept at and used. for maintaining such.a place; 5. Any vehicle used far the illegal transportation of intoxicating Iiquor or any immoral. purpose; 6.i All indecent or obscene pictures; books, pamphlets, magazines,.newspapers,:an d billboards; 7.. The.pubIic use of profane or obscene Iangiaage; S. The to Oking into.ar peeping through doors, windows, or openings or private homes by nmethods.of stealth and without proper authority and bysurreptitious methods, or what is:commonIy known as "window peeping"; and 9. All :other things, acts, omissions or occupations that may be considcred detrimental ta.the moral we] Ibeing 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: All. snow and ice not removed from public sidewalks twelve (.12..) hours after: the snow and icc has ceased 'to be deposited thereon; 2. All wires which are strung less than .Httcon (15) feet above. the surfaceof any public street or alley; I All buildings.: walls.,. and other structures wh ich have been damaged by .fire, decay, or otlierwise: to an extent:exceeding one.half their original value or which are so situated as to endanger the safety of the public; 4. All explosives, inflammable liquids, and other dangerous substances of materials stores.or accumulated in any manner or Many annount other than that. provided by law or ordinance; S. A]I. use .of display%of fireworks except as provided by law or ordinance; 6. A[I unnecessary noises and annoying vibrations; 7. All buildings and ail alterations:to buitdin. gs made or erected. in violation of tre ordinances concerning manner and :materials and con structian; 8: Obstructions and excavation s•Affecting 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 [eft unprotected or uncovered indefinitely or allowed to.ex1st in such manner as to attract minor children; Nuis:in�e Ordinance A(n.BG 2. 9. Radio aerials stung or erected in any manner except that provided bylaw or ordinance; I.O. The piIing,.storing, or keeping of o I d machinery, wrecked or junked vehicles, and other. junk or debris; IL The use of property abutting on a public street or sidewalk; or any use of a:pubIic.sirieet 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, awnings; and other.similar structures. over public:: streetsor sidewalks, .or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance. or without proper permit; 13. The allowing of rain, water, ice, or snow.to fall from any building on any public street or sidewalk or to flow across any public sidewalk; 14. Alt dangerous, unguarded machinery, equipment, or other property in any public place, or sosituated or operated.on private•property as to attract minor children; 15. The .distributing of handbills except as. provided by law or ordinance; 16. Throwing,. dropping, or releasing.printed matter, paper, or any other material objects. over and Upan: the City: fion an airplane; balloon, or. other aircraft, or in such a manner as to cau..se such materials to fall on .land in the City; 17. PIacing.entran66 cut verts,.or doing any act which may alter or affect the drainage of ptibIic.streets or alleys or .the surface of :grade of public streets, alleys, or sidewalks without proper permit; 18. Mak i n g repa its to in oto r veh i cles or tires in p.ubIic.streets. or aIleys,.exceptin9 only ern ergency repairs when. it will not unduly :impede or interfere with traffic; 19. Throwing, placing, depositing, 0r:burnin.g Ieaves; .trash; I. awn clippings, weeds, grass, or other'inateria] 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.. All unnecessary interference and disturbance of radios or TV sets caused by defect iveelectrical appliances and equipment or improper aperations.thereof and 22. At other ton ditions,. acts, or things which are. ]iableto cause injury to the person. .or property of anyone, Section 6. Traffic and Vehicles 6.1 Snowmobiles. I. Incorporation by .Reference. The provisions..of. Min iiesota Statutes, Sect ion s.84.14 through 84.g0; and the provisions of. the Regulations of the. Minnesota Commissioner. -of Natural Resources contained in Sections 7460.51.00 and 7460.5200 of Minnesota Rules. 1989, acid anyamendments 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 mrerence. 2. Limitation of Operation. No. person. shall. operate a..snowinobi le in the City of Gem Lake except. on public trails, waterways, and highways specifically designated for such use, or on private property where IawfuI permission has bee n.obtained from the. prop erty.own er; occupant, or lessee. No snowmobile sha[l. be operated within any public right-of-way of on a public sioewa]k or trail provided or used for pedestrian. or Bicycle. travel. 3. 11ours.of 0peration..No person shall operate a snowmobile in the:City.ofGem Lake between the houes.of eleven (I I )o'clock p.m. and seven (7) o'clock a,m. prevailing time in Rainsey County; .Sgnday through Thursday, and. from. one (I) o'clock a. in. to: seven (7) o'.cIock_a.rn..on other days., including. the day preceding a national holiday. NuimnmOi dinance No 86 4. Speed. No person shal1.operate a snowmobile in the: City of Gein Lake at a speed in excess of Iiinits specifically posted for such use. or as. a speed in excess of fifteen .(15) miles per.hour within one hundred fif .y (:15D.) feet of. an. y.fisherman, fish house, .pedestrian, skier, skater, skating rink, sliding area; ski. tow area, or other areas where such operation would conflict with or endanger other persons or property; S. Tow Bars. No.person shall operate.a snowmobile so as to tow any person,. sled, or other conveyance, except by thc'use of a rigid Iow.bar attached to the rear of Stich Anowmob1to. Persons towing disabled snowm6biles. sha]I be exempt. 6. NIandatory Lights: No person shall operate a snowmobile tin less such vehicle. is equipped with a head IiAt and. tail light that are illuminated at alIfirnes` during such operation. Snowmobiles equipped with an eribine of`five (5.) horsepower or less shall be exempt. 7. Mandatory Pennant.. No person. shall opcrate. a snowmobile unless such vehicle is equipped with a red or orange blaze pennant fTagor-at least forty (40) square inches: in area and displayed at a.height of not less than five (5) feet above the roadway. S. Authorized Sno►vmobiles. Authorized snowmobiles may be used on any public property within the City for rescue, emergency or law enforcement purposes. 6.2 AII-Terrain Vehiel0s — (ATVs.) 1. Limitation. of 0peration..No. person shall. operate an aII4errain vehicle in the City of Gem Lake except on public trails, waterways,:and highways specifica.11ydesignated for such use, or on. private property where lawful permission has been obtained: from the property owner, occupant, or lessee.. No ail -terrain vehicle. shall toe 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:eleveri {] I) o'clock p:m. and seven (7):o'clock a.m: prevaiIing time in. Ramsey County, Sunday through Thursday, and from one.(.]) o'clock.a.m. to seven (7) o'clock a,tn.'on other days; including the day preceding a national holiday. 3: S.peed. NO person shall operate an ail -terrain vehicle in the City of Gem Lake. at a speed in :excess of -limits specifically posted for such use or as as pOed in. excess of fifteen (15) miles per hour withinone hundred flfty(15.0) feet of any fisherinan, fish house,..pedestHan, skier, skater, skating rink, sliding area, sk.i tow area, or.other. areas where such operation would conflict with or endanger.other persons or property, 4. Authorized All -Terrain Vehicles. Authorized all -terrain ve..hicles. .may be used on any public property within the City for. rescue, emergency or law enforcement. purposes. 63 Use of Streets.and Highways; incorporating State Traffic Laws 1: Highway ,rr.Ofic Regulation Act Incorporated by.Reference. The regulatory provisions of Minnesota Statutes, Chapter 169:.and any :amendments thereto or substitutes therefor that`may'from .tune totime become. effective, are hereby adopted. as a traffic Ord inance.regulating the use. of highways, streets; and alleys within the City of Gem Lake and are .hereby inccrporated..in and mad e..part. of this code as completely as if set out. lie re in full. 2. Penalty. Any violation of the statutes: ad opted by reference in 6.2..1 is a violation of this Code whon it occurs within the..City of Gem hake. Nuisunce 0rdiname No.86 .A. 6.4 Farking.Regulations 1. 1n General.. It is unlawful for any person to. stop,. stand. or park a vehicle, except when necessary to. avoid conflict with other traffic or in compliance with the specific directions .of a police officer or traff.c.con trol device, in any of the following places: 1.) On a sidewalk; 2) In front. of a public or private driveway;. 3) Within an intersection; 4) Within ten (1.,0) feet of a fire hy4rant; 5] On a.crosswalk; 6] Within twenty (20) feet ofa:crosswalk at.any intersection; 7) In a sign -posted fire lane;. 8) Within thirty (30) feet upon the approach to any flashing beacon, stop sigh or traffic control signal located at. the side of roadway; 9) Within fifty. (50) feet of the nearest rail of a railroad crossing; 10). Alongside or opposite any street excavation or obstruction when sucli 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..elevaied structure of a street; 13) At any place where official .signs 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 ofthe delivery area without backing up. 2. Passenger Vehicles.. No passenger vehicle: shall be: parked on any street within the City of Genf Lake.for. more than seventy-two (72) consecutive Hours. 3. Winter Parking. Restrictions. The parking of any motor.vehicIc upon any road. or street in Gem Lake. is prohibited between the hours of 2:00 a.m. and 6:.00 a.m., from November i" through April I'.of each year. 4. Snowfall Restrictions. No motor vehicle shall be parked on any -street or boulevard within the City.of Gem Lake. after a. snowfall of one ( 1) inch or more which necessitates..the: plowing: and removal of snow .from the streets and boulevards. in the City until such time as the 0low irig and snow removal 'is. completed. No motor vehicle, trailer, or other obstruction shall be located within two (2) feet o.fanystreetor boulevard after a snowfallof one (I) -inch .until such time as the plowing and snow removal has been :completed. 5. Enforcement. When any Community 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 the driver or other person in chargeof.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 Vehicle and remove the same to the nearest convenient garage, outdoor area or other place of safety, and such vehicle shall not be removed therefrom until reasonable :costs of moving and storing tile. same have been fully. paid. In. the event that any yehicle held or stored under. the direction of a.police officer upon which there are charges for storage or towing, .or both, is not reclaimed, recovered or.tak.en by the. veh isle owner thereof;. there. shall .be deemed to be imposed upon such vehicle a Possessory .Lien in the amount soi charged And unpaid; and should the owner thereaf fail to pay the same, then thePossessory Lien n1ay. be foreclosed in the manner provided by law. Nuisance flrdinance:No 86 G. Penalty, Any person violating any of the provisions of 6.3.1 shall be guilty of a.petty misdemeanor. Section 7. Weapons L No person. in the. City.ofGem Lake.shalI have in his possession, except within his. own domicile, or carry, use; or discharge -any air .gun,."$B" gun, gas -operated or.spring gun, or any other similar 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 nanie.. 2. The. prob ibition of 7.1 above shall apply in private grounds or premises under circumstances when such' instrument can be and is. fired, discharged, or operated in such a manner as to endanger persons, prop erty..or. Wild animals or birds; and further provided that not liing herein contained shall he construed to prevent the carrying of any type gun whatsoever when. unloaded anal properly cased. I Any person wishing to .discharge any instrument referred to. in 7A for some special reason or purpose must. secure a written permit from the City Council. Section S. Curfew for Minors 1.. Restrictions on Minors. It shall be unlawful for any minor under the age: of sixteen (16) years to loiter, idle, wander, stroll, or play in: or upon tlhe public streets, highways, roads, alleys, parks, playgrounds, public places anal public buildings, places of entertaiizment.and amusement, vacant lots,.and other unsupervised places in the City of Gem. Lake between the hours of ten o'clock p.m, and five. o'clock a.m. the following day. It shall be .unlawful for .any minor who is. sixteen (1:G) or seventeen (1.7) years of age to loiter, idle, wander, stroll; or play in or upon .public streets, highways; roans, alleys; parks,. playgrounds, public places, and public buildings; places of entertainment and amusement,vacant lots; and other.unsupervised places in the City of Gern Lake between the hours oftwelve.o'clock midnight and five o'clock the following morning. Provided, however, that. the provisions of this section do not apply to a minor accompanied by. his or her guardian brother adult. person having the care and custody of the minor, to a minor who 'is upon :an emergency :errand or other legitimate business directed. by his.or her parent, :guardian,. or other adult person having.. the careand. 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 minor, or where the presence of said minor in said place -or places is connected milli a required by some legilimate:.business, trade, profession, or occupation in which said minor is permitted by law to be engaged, 2. Out! es of Parents..or Guardians. It shall be.0nIawfuI for the parent,.guard ian, or other adult person having ch.arge:of a nninor under the age Of'eightee.n (1.0 years to. permit such minor to Ibiter, idle, wander, stroll, or play in. or upon the public streets, highways, .roads, aIIeys,..park s,.pIaygroundsI public places and public buildings; places of entertainmentand amusement, vacant lots; and other unsupervised places in the City of Gem Lakeduring the. hours prohibited by this Ordinance; provided, however, that.tlte provisions of this section do nat apply when the minor is.accompanied by his or her parent; guardian., or other adult person hay.ing:the care and custody of the minor, where the innor is upon an e m ergency erran d or legitimate business directed by his: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 is connected with andrequired bysorn& legitimate business,.:trade, profession, or occupation in which said minor :is permitted by law to be engaged. 3. Minors in Amusement. Places: No person ,.Pp erating.or in charge of any place of ainusement, entertainment, or re fres h m en t sh al I permit any minor under the age of eighteen (1$) years to remain in:such place during the Hours prohibited by tbis ordinance; provided, however, that the provisions of this section shall oat apply.when. such minor is accompanied by his or. It& parent, Auardian, or other adult. person :having the care. and custody.:of the minor. Section 9. Duty of owners and occupants; removal of nuisa..nces by.City Nuisance 0rdinancc. No 8.6 .:6 1. Ice, snow, and rubbish from sidewalks. The owner and the. occupant of any property adjacent to a publi& sidewalk shall use diligence to keep such walk safe for pedestrians. No such owner or. occupant shall allow snow, ice, dirt,.Ieaves, or rubbish to remain an the sidewalk longer than 24 houts ;after its deposit. 2, Weeds.: Any weeds, whether. noxious as defined by law or not,.growirig .upon any lot or parcel of land. outside the traveled portion of any pub] Jc.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 dcc] ared.a nuisance. The owner. and the occupant shall abate or prevent the nuisance on .the property and. on land outside the traveled portion of the public street or alley abutting.on public property. The:City shall give :the owner and occupant written notice directing the.:abatement of such weed s,.'and stating. that if not destroyed by the City at the expen se.of the. owner; and that, if not paid, the charg6for such work shalt be made a.special assessmentagainst. the. property concerned. 3. Removal by City.. The City Public Works Supervisorariay cause removal of the nuisances. specified in 9.1 and:9:2 upon expiirat ion:of the period of time given the owner and occupant. in those sections to remove the. nuisance. The City Public Works Supervisor s.hali keep a.record.showing the cost. of the rernoval. adjacent to each separate lot and parcel. Section 10. Portable Storage / Disposal Container Unit. 1. Definition. The following definition shall apply to this ordinance: 1) Portable Storage l Disposal Container Unit --shall mean any enclosed or open..container constructed of any material used for temporary or long.lerm storage of personal property or any container used to dispose o f solid waste, construction debris; or any other refuse. 2: No property owner or person shall store on a residential property a portable storage I disposal container unit. more than thirty Q0) days in any 12-month period starting with the day l date the container unit is first moved on=site. All portable storage 1 disposal .container units .must be stores on an impervious surface oa. the property. T'he: City may.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 1 disposal container unit be storedon a property more than ninety(90) days in any 12-nionth. period. This provision applies to. a[l.resident ial properties inclLid ing.single.famiIyhonies, .townhouses, con d.orb iniums; an d m ulti- far i ly`complexes. 3,. Portable storage / disposal container units stored on residential. properties in conjunction with .a building permit. or. home improvement project are. exempt from: these.provisions; except for the regrairem ent to. keep the container unit on an impervious surface. in such case, the property owner shall make every effort. to adhere to.a :I day maximuin time limit. 4. Portable storage 1 disposal container units meeting the definitiab set forth in Section 10, IA which are used for regular refuse and recycling pick=up on commercial or industrial properties shall be exempt. Section 1.1. Metharnphetarnine Labs. 1. Purpose and Intent. The purpose of this. Section is to protect the public_health, safety and welfare. and reduce public exposure to health risks where law enfarcement:off cers have determined that Hazardous. chemical S.from a suspected clandestine drug lab or chemical dump site may exist. These conditions present Health and safety risks to cccu. pant s.and visitors .ofsuch structures and land through: fire, expIosion'ond skin.and respiratory exposure to chemicals. The City Council finds that such sites rriay contaiii bazaroous clemicals, substances.; or residues that p.Iace. people, particularly children or.aduIts: ofchi ld=bpar ing age, at risk of exposure through inhabiting the. property,, visiting the.prap erty or using or being exposed to contaminated. personal property. Z. Definitions. 1). Child -- means any person less than .19 years of age. Nuisanct Ordinance No 86 2) Chernical hump site —means anyplace or. area where chemicals or other waste materials:have. .been located. 3) Clandestine drug lab — means the upIawrul in anufacture. or attempt to manufacture controlled substances. 4) C1 it ndest i h a drug lab site. -means any place or area where law enforcemerithas, determined.thAt conditions associated .with. the operation of unlawful clandestine drug lab exist. A cl andestine. drug lab site includes any dwellings, .accessary structures, buildings, a :chemical dump site, a. vehicle, boat, trailer or other similar appliance or any other area, land or location. S) Cleanup.— means proper removal and/or containment of substances hazardous to humans and/or the environment at clandestine drug lab site or Chemical dumpsite, G) Controlled substance ---means Any d.rug,.substance or immediateprecursor in Schedules I through V of Minnesota: Statutes.Section 152.02. The term does -not include distilled spirits, wine,. malt: beverages, intoxicating liquors or tobacco.. 7) Owner — means any person, firm., corporation, or other entity who owns; in .whole. or in. part, the land, building, structure, vehicle; boat,. trai I er or other location associated with a:clandestine drug lab site. or chemical dump site, 8) Public Health Nuisancc — means:a nuisance. as defined above or Under Minnesota: Statute Section 145A.42, subdivision 17. 9) Remediation —means methods such as assessment; evaluation, testing, venting, detergent scrubbing, enclosure,encapsulation;.demo] itior, and/or removal of contaminatedmaterials from a clandestine drug lab site or chcinical dumpsite. 3.. Deelaration.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 person may occupy, enter or allow occupancy or entrance. to property.dec.lared a public health nuisance under this Section .unti l such declaration is vacated or modified to allow occupancy: 4. Law Enforcement Notice to Other authorities. Uponidentif cation. of a cIAndestine.drug I a b site or chemical dump sitc: deemed to. place neighboirs;:visiting public,.or pre sent and'future occupants.ofthe affected prop crty at riskfor exposure to harmful Con t9minant s and other associated conditions, law enforicement.officials.shall notify the: City Environmental Health 0fficia] and other appropriate municipal,.ch.iId protection, :and public health authorities of the property Iacation, the property owner if known, and conditions found. 5. Seizure of .Property. 1) If a clandestine drug labor chemical dump site is located inside a vehicle,. boat, trailer, or other form of moveable.persona].prop erty, I a w en force ntent authorities ntay.imthediate] y seixe.such property and transport it to a inore.secure location. 2). Persona] -property may not he removed from a clandestine. drug lab site or a. chemical dump site without the prior consent from the City Environmental Health Official. G. A.ction by City Environmen tal.health Official.. 1) Upon notification by lawenforcement authorities; the City Environmental Health Official or other appropriate municipal or public health.authority will issue s Dee[aration of. PubIic Health Nuisance for the.affected property and post a' copy of the Declaration at all. probable entrances to the dwelling. or property. Nu 4Mnce Ordinance No 86 2). Removal of the posted Declaration of Public Health Nuisance by:anyone other than the Environmental Health Official, law enforcement authorities, or their designees; is prohibited. 3) TheCity Environmental Health .Official shall also attempt to notify the.following parties of the Declaration of Public Health Nuisances i. Owner' of the property; ii, Occupants of the property;. iii. Neighbors within close proximity that can be reasonably affected by the co..nditions found;. iv.. The Ramsey County Sheriffs Department; and v. Other`state and Iocal authorities, such as the:Minnesota PaIlution Control Agency acid the Minnesota Department of.Pub€ic'Health, which are known to:have public and environmental protection. responsibii.ities applicable to. th.e situation. 4) Any rental license issued by the City for:the property is immediately suspended upon issuance of the Declaration of Public.Hcaith. Nuisance. Such license will be reinstated only afterfull compliance with an abatement order. 5) After issuance of. the .Declaration of Public .Health Nuisance, the City Environmental Health Official .will issue an order to the property owner to abate the public health nuisance. The abatement order will. include -the following: is A copy of the ❑eclarationr.of Public: Health Nuisance; ii. Anorder to immediately vacate. those portions. of the property; including building or structure interiors; which may:place the occupants or visitors at risk; iii. Notification of suspension. ofthe.rent al license, if applicable; iv. A summary :of the.owner'.s.: and occupant's responsibilities; v: Information 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 vi. Inforniatio.n about the potentially hazardous condition of the clandestine drug lab site. or chemical. dump site.. 7.. Responsibilities of Owner. I) Upon.receipt of an abatement order by the City's.Environmental Health official, .the property .owner must, at the owners expense; i. .Immediately vacate those. portions of the property, including. buiIdingu. or structure. interiors that may place the occupants or visitors at risk. This includes dwellings, buildings,.motor Vehicles; trailers, boats; appliances or any other affected area ar location. No. person shall occupy, enter.or allow occupancy or.entrance:to a building or structure declared a.Pablic Health Nuisance until such declaration is vacated or modified to allow occupancy; ii. Properly secure and post warning signs on the -perimeter of any contaminated areas on the property in an effort to avoid exposure to unsuspecting parties; iii. Promptly contract with one or itore.accaptable environmental hazard testing and .cleaning firms (acceptable firmsarethosc that have provided assurance of appropriate equipment, procedures, and personnel,. as dewrmined by the Minnesota Department of Health) to accomplish the following: Nuisance Ordinance No 86 9 I. A:detailed on -site assessment ofthe extent 'of conlamination at the:site and the contamination of the. personal property therein.; 2. Soil testingof the site and testing of all property and soil` in.proximity to the site that the environmental hazard testing and cleaning farm determines may have been affected. by the conditions found.at the site; 3. A complete cleanup of all property andsoil atthe site and in proximity to the site that is.found to be affected..by conditions found at the site (including: but hot 1..iinited to, the cleanup or. removal of:to ntaminated.plumbing, ventilation systems, fi.xtures. -and contaminated soil) or a demolition of the site.and a complete cleanup of the demolished site; 4. Remediation testing and follow-up. testing to determine all health risks are sufficiently reduced, according to the Minnesota Department:ofHealth guidelines; to allow -safe human occupancy and use of the site and use of.the` personal property therein. iv. Regularly notifythe: City of.actions.taken and reach :agreement With the City on the. cleanup schedule. The City shall consider practical limitations and the availability of contractors. in approving the schedule for cleanup; and Y. Provide written documentation to the City of the cleanup process,including a signed,. written statement that the.prop erty is safe for Itumall occupancy and that the cleanup was conducted in accordance with Minnesota Department of Health guidelines. `2) The property may not be reoccupied or used in any manner until theCity has obtained the written statement in paragraph (1)(E) and has confirmed .that the property has been cleanedin accordance with the guidelines established by. the Minnesota Department 6f.Health. 8. Owner's Responsibility for Costs. Tlte.own er is.responsib.le for all costs associated with nuisance abatement and elcan up of the.c.I.andes tine dr..ug:lab sire or chemical dump site, including, but not limited to, costs for: 1) 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) 0flier associated costs 9. City Authority to Initiate Cleanup and Recovery of Costs. .1.) If, within ten (10)days after service of.. notice of the. Declaration :ofPub] i6 Health Nuisande,.the City is unable to. locate the property owner or if the City Environmental HeaIth..Qfficia] determines. that the owner refuses to, or cannot pay the costs, or arrange timely.assessineiit and cleanup.that.is acceptable to the City,.the City Environmental Health Official is authorized to proceed in a:prompt mariner to initiate the on -site assessment and cleanup.. 2) The C ity. may abate the nuisance by removing any hazardous structure; building, or otherwise, in accordance with .Minnesota Statutes Chapter 463; Section 14 of this Ordinance or by any other mean provided under law. Nuisance ordinance 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%a ofthc City's costs for .ad rninistration. .In add it1on.to..any other Iegal remedy, the City may recover costs by civiI action against the person or persons who own the property in Elie matter that taxes. and special assessments are certified and collected pursuant to Minitesota Statutes Section 429.101. 10. Authority to Modify or Remove Declaration of .Public Health Nuisance. 1) The'Envirorinterital Health Official is authorized to modify the Declaration condifions or remove the Declaration of Pubiic:I-Iealth Nuisance. 2) Such modifications or removal of the Declaration shall only occur:after.documentation from a: qualified environmental or cleaning firmstat1ng..that the health and safety risks, including those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancyaf.the dwelling. Section 12. Enforcement. It shall be the duty of the Council to enforce the provisions of. this Ordinance, and the Council may, by resolution; delegate to ather officers at. agencies power to enforce particular provisions of this Ordinance,. including the power to i n spect. pri vate premises, and thc.officers charged with enforcement of this 0.rdinance shall take. all reasonab le.precautions.to. prevent. the commission: and mainten.ance.of publie 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 notifyin writing the.person committing or maintaining such public nuisance and require hiin to terminate.and abate said nuisance and to remove such can ditions.or remedy such defects. Said written notice shall be servedon the person committing or maintaining said nuisance, in person. or by registered mail. If the premises are not occupied and the address of the owiier is unknown, service.on the•owner may be had by posting.A copy of the.: notice on the premises. Said not ice:shaII require the .own er or occupant of suph. premises, or both, to. take re ason AN 6. step s. and time to be designated in said. notice, but the maxi inurn time for the removal. of said nuisance 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 th.e City Clerk setting forth tlte. manner and time thereof When an order so given is not complied with, such noncompliance shall be reported .forthwith to the. Council for such action as may be necessary and .deemed advisable in the name of the City to abate. and enjoin the fiirther continuation of said nuisance.: Section 14. Abatement of Nuisance.by Council. 1, Normal. procedure. If,. after such service of rioti'ce; 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 cau.s.e such nuisance to be abated at the,expen se of the Council and recover such. expenditure,. plus an add itional:twenty-fiive.percent (25%) ofsuch expenditures, by civil action against the:person or persons served; or of service has..Iieen had upon the owner or occupant by ordering.the Clerk to extend. such :sum, plus twenty-five percent (250/6) thereof, as a special tax against the property upon which the nuisance existed.:and to. certify the. same to:the county auditor ofRam sey.County,.lvlinnego ta, for collection in.the. same manner as. taxes and. special ass essments.ate cerdfjed and collected. 2. Summary enforcement. Incases where the delay in abatement required to complete.the.notise. and procedure •requirements. set..forth in sections. 1 lan d 14.1 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 shall determine that public nuisance exists or is being maintained on pi=entises in. the City and that delay in abatement of the nuisance wiII-unreasonably endanger public health, safety or welfare. The' enforcement officer shall notify in writing the occupant or owner of the:pretnises arthe nature of the nuisance and ofthe .City's decision to seek suinmary:enforce mentand the time.and place of the. Co u n QJ I m eeting to con. sider 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.nuisanc:e, whether public health; safety or welfare wiII.be unreasonably endangered by delay in abatement required to complete the procedure set forth above; and may order that such nuisance be immediately term inated or Nuhanee Ordinance 14Q 86 abated: If the nuisance is:not: immediately terminated or abated;. the Council may order summary enforcement and: abate the. nuisance. 3. Emergeneies. The City tray, wi th a ut n ot i c e or other process; i m m.ed i. ate ly abate any.condition which poses an imminent. and serious hazard to human life or safety. 4. Responsibility for cost: In cases of summary or emergency enforcement, the owner of premises on which a nuisance leas been abated :by the City.sha]I be personally Iiable for the. cost to the City of the abatement:; inrWding administrative'costs. The. Clerk shaII prep area bill once costs have been determined and present it to the owner, due. and payable .immediately. Section 15.. Assessment. On or before September 1 of eachyear,: the Clerk shall list ail :the total unpaid charges for nuisances' abatement and.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 benefited as. a special assessment under Minn. Stat, § 429.101 and other pertinent statutes far certification to the county auditor and collection along with cUrrcnt taxes the following year iri annual installments; not .exceeding: ten; as tine Council may &term ine in each ca'se.. ?assessments may be levied :for charges; including but not limited. to: 1. Abatement of public nuisances affecting health, morals and decency, peace and safety, and public property as descri bed above. 2.. Removal or treatment ofsnow, 'icc, dirt, rubbish, weeds; diseased trees or public health anal safety as described above.. 3. Installation or repair of water service lines, street sprinkling, street flushing, light street ailing or other dust treatment of streets; repair of sidewalks and alleys; and the operation of a street lighting system. The City Council of Gem Lake Authorizes the Ramsq County Auditor and the Ramsey County Treasurerto act as agents for the .City of Gem Lake. in Ramsey County to collect remaining balances of assessments for improvements in coop crat1oil with the City Cl e rk and .CityTreasurer. Section 1.6. Penalties.. In addition to. anyfines,. costs, or asssessments provided.for .bythis Ordinance, or other City Ordinances, the..City may prosecute a violation of any. provision of this Ordinance as a misdemeanor, and. a person, ifcon.victed, may be punished by the maximum Brie and term of imprisonment provided by Minnesota Statutes § 609:02, subd. 3, as that statute may be amended fxom time to time. Section t7. RepeA]er. This Ordinance supersedes; replaces and repeals ail prior Ordinances relating to the same subjects contained -within this Ordinance. Any portion of.such prior Ordinances riot incorporated within this Ordinance is expressly. repealed. Section .18. Sew rabiIity. Should any.section, subdivision, clause or other provision of this Ordinance be held to be invalid by anycourt of competent jurisdiction, srich decision shall not affectIli e.yaIidity ofthe:Ord inance.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. Dated: December 20,.2022. Gretchen.Artig-Swomley; Mayor Melissa Lawrence, Acting City Clerk Updated: September 21; 2021 — Added Ianguage .in regards to Portable Storage 1 Disposal Container Units Updated: December.20, 2022 - Added language in regards to parking regulations and winter`patking regulations Nuisance 0rdiwnee N❑ 86 12