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HomeMy WebLinkAboutOrd. 383 - Amendment to Title 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 383 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 4: PUBLIC HEALTH AND SAFETY CHAPTER 1: NUISANCES CHAPTER 2: GARBAGE, RECYCLABLES AND REFUSE CHAPTER 4: WEEDS, GRASSES AND OTHER HARMFUL VEGETATION (Strikeouts are language to be removed and underlining represents new language to be added) CHAPTER 1 NUISANCES SECTION: 4-1-1: Policy And Purpose 4-1-2: Public Nuisances Enumerated 4 1 3: Hearing Examiner 4-1-4-~: Inspections And Investigations 4-1-&-4: Abatement Procedures 4-1-6-Q: Interference With Enforcement Officials Prohibited 4-1-7--2: Violation; Penalty 4-1-1 : POLICY AND PURPOSE: The City CO!Jncil has determined that health, safety, good order, general welfare, and convenience of the publicfs are threatened by certain public nuisances on property within the city limits. It is declared to be the intention of the Council to abate these nuisances, and this chapter is enacted for that purpose. (Amended Ord. 72, 10-15-1985) 4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or failure to perform a legal duty, intentionally does any of the folIowing, is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: A. Dangerous Conditions: Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, ---- ~------ --- morais, comfort or repose of any considerable number of members of the public. B. Obstructing Public Ways And Waterways: Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public. C. Interference With Health Officials: Willfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws in performing any legal duties. D. Deposits Of Used Tires: Deposits or allows depositing of used or waste tires upon public or private property which is not a tire recycling, processing or receiving site approved by the city. E. Accumulation of Debris: Maintains or permits the accumulation of discarded or unused machinery, household appliances. automobile bodies. lumber. wood trash. debris, or other material. or the rank orowth of veoetation amono the items so accumulated. in a manner conducive to the harborino of rats. mice. snakes, mosquitoes. vermin, or in any manner creatino fire. health. or safety hazards. F. Junk Motor Vehicles: Parks. keeps. stores or accumulates iunk motor vehicles upon any private land or premises owned; occupied or controlled by any person or leqal entity unless authorized bv this code or other ordinance. No person shall park, keep or place any such vehicle upon land not owned by such person. For purposes of this section. a iunk vehicle means any motor vehicle as defined in Minn. Stat. 9169.011. subd. 42, part of a motor vehicle. or former motor vehicle stored in the open which is (1) unusable or inoperable because of a lack of or defects in component parts: (2) unusable or inoperable because of damaoe from collision. deterioration. or otherwise: (3) beyond repair, and. therefore. not intended for future use as a motor vehicle; (4) beinq retained on the property for possible use of salvaqeable part: or (5) is not properly and currently licensed for operation within the State of Minnesota. G. Dilapidated Structures: Maintains or permits the existence of any structure or part of any structure which due to fire. wind. other natural disaster, physical deterioration. or any other cause, is no lonoer habitable as a dwellinq or is no lonqer useful for any other purpose for which it may have been intended. €H. Integrity of Dwelling Unit: All exterior elements of residential dwelling units in the City shall be kept in a clean, sanitary and structurally safe condition and in sound repair, including: 1. Stairways, porches, balconies, or decks; 2. Windows and Doors; 3. Soffit and Facia; 4. Roofs; 5. Siding, bricks, stone or stucco; 6. All other exterior elements not specifically listed. f:l Remodeling Projects: All residents undertaking remodeling projects must keep all materials being used in the remodeling project in a neat and orderly appearance and out of view from adjoining property for the duration of the project. GJ." All garbage and refuse shall be kept in proper storage containers (bins or dumpsters) and regularly disposed of as set forth in Article 4. Chapter 2. of the Andover City Code. (Amended Ord. 371,5-20-2008) WK. Other Conditions: Is guilty of any other act or omission declared by state law or city ordinance to be a public nuisance. (Amended Ord. 72, 10-15-1985) 4 1 3: HEARING EXAMINER: ^ Position Created: The position of hearing examiner is hereby oreated. . ... The City Council may contract ':.'ith third parties for the furnishing of all services of the hearing oxaminer as contained in this chapter and set the rate of compensation therefore. B. Duties: The hearing examiner shall have the following duties: 1. Set dates and hear all contested cases following appeals or orders of the Zoning Administrat-or or Building Off-icb!. 2. Take testimony from all interestod parties. 3. Make a complete record of all prooeedings. 4. I\ffirm, repeal or modify the order of the Zoning Administrat-or or Building Official and prepare 'Nritten findings of f3ct. (Amended Ord. 72, 10 15 1985) 4-1-4-3: INSPECTIONS AND INVESTIGATIONS: A. Periodic Inspections; Investigations: The Zoninq Administrator, Buildinq Official. or other such officers, emplovees. or aqents as the City Council or City Administrator may desiqnate ("enforcement officers"), shall enforce the provisions of this ordinance. Such enforcement officers shall have the power to enter upon the land and inspect Zoning Administrator or Building Offici31 shall cause to be inspected all public and private places within the city and take all reasonable precautions to prevent the commission and maintenance of public nuisances. 'Nhich might contain a "public nuisance" as defined in this code 3S often as practicable to determine 'llhether any such conditions exist. The Zoning /\dministrator or Building Official shall also investigate all reports of public nuisances located 'Nithin the city. 4-1-4: ABATEMENT PROCEDURES: A. General Abatement: Whenever an enforcement officer determines that a public nuisance is beinq maintained or exists on the premises in the city. the officer shall notify. in writinq, the owner and occupant of the premises of such fact and order that such nuisance be terminated and abated. The notice shall be served in person or bv mail, and as to an absentee owner, addressed to the last known address of the owner. If the property is unoccuoied and the owner is unknown. the notice may be served bv postinq of the notice on the premises upon which the nuisance is located. The notice shall describe the nuisance and the actions required to abate the nuisance and the time limit within which the nuisance must be abated. Such time limit shall be reasonable under the circumstances, but shall not be less than ten (10) days after service of the notice. If the notice is not complied with within the time specified. the enforcement officer shall report that fact forthwith to the City Council. Thereafter, the City Council. after notice and hearinq. may cause or direct such action as is necessary to be taken to abate the nuisance includinq, but not limited to, authorizinq the initiation of district court action to enforcement any abatement orders issued bV the City Council. B. EmerQencv Abatement: When the enforcement officer determines that a public nuisance constitutes a serious and imminent danqer to the public safety or health, the officer may summarilv abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. The officer shall immediatelv thereafter notify, in writinq, the owner and/or occupant of the premises of the action taken. The notice shall be served in person or bv reqistered or certified mail. C. Costs of Abatement: The owner of the premises shall be liable for all costs of a qeneral or emerqencv abatement bv the city, includinq a twenty percent (20%) administrative cost. As soon as the abatement work is completed and the costs determined, the enforcement officer shall prepare a written notice to the owner. identifvinq all the work done and the costs and expenses involved, which shall be served upon the owner of the property in person or bv reqistered or certified mail. addressed to the last known address of the owner. If the property is unoccupied and the owner is unknown, the notice may be served bv postinq of the notice on the premises. Such notice shall further provide that if the total amount is not paid to the city within sixty (60) days. the costs. expenses and maximum allowable interest shall be collected as an unpaid special assessment pursuant to Minn. Stat. ~ 429.101. The city may also seek to recover such costs in an action aqainst the owners. occupants or other responsible parties. The sanctions and remedies herein are not exclusive and the city may also proceed bv any other leaal remedy includinq iniunction, declaratory action. criminal penalties or otherwise. 4 1 5: ABATEMENT PROCEDURES: ^ /\batement Required: Upon a determination by the Zoning . to- ^dministrator or Building Official that a public nuisance exists on any public or private property within the city, the Zoning Administrator or Building Official shall order the public nuisance to be abated in a manner consistent '.\'ith the city ordinances and state la'.r.'. (Amended Ord. 72, 10 15 1985) B. Notice To Abate: V\!henever the Zoning Administrator or Building Official finds with reasonable certainty that a public nuisance exists on any public or private property in the city, he shall notify the affected property O'.\'ner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not loss than ten (10) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. 1. The order shall state with specificity the nature of the violations and the requirements f{)r compliance. 2. The order shall also state that the property owner may, within ten (10) days of the date of the order, request a hearing before the hearing examiner and shall set out the procedure by which that hearing may be requested. 3. The order shall also state that fuilure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures, and that the cost of abatement ",'ill be 3ssessed 3g3inst the subject property. - C, I\batemont By Cit " the Zonin ^e ,~' Upon expir3tion oHR f ' unless a ~~~:n~;r~l~r or Building Offic~al'~~;ea~~~~:Y Ih? nolice, earlng h3s been timely filed. e nUisance D. Grie"aR . ces; Hearing' De ' , I ClSlons: 1 ^RY J;) ^' , " , roperty O'.vner utR f ' , ,dmlnlstr3tor ,... 0 eels aggrieved b ' requesl a he"~~ B~lIdlng Official issuod pursJa~~ rder of Ihe Zoning In wriling with Ih~ ~rc Ihe hearing examiner S 0 Ihls chaplor may (1 0) days after se ~'ce oflhe C ily Clerk within 'Io~Ch request shall be filed B 'Ie' I"\ICO oURe R f UI 109 Official 0 Ice by the Zoning ^d . . , " mlnlstrator or 2. The Gity GI k er shall notif' t . property owner of the date ~f he hearing eX3miner '.vho shall fn , Ime and place of th h' no I ; the 3 '" e eanng . he hearing shall be . hearing examine . conduct-ed no more than t mutually agr<led ~~,,?;~es nolieo of Ihe roquesl :nl (10) days altor tho ~ y e heanng oxaminer Ih' n ess a laler dale is I e property owner and the 4, Both the proJ;)em' ut counsel and ma' 1 o..ner and the city ma ' 3 determined by ~eC;:1I such witnesses and ~re~:etr at the hearing with emlng eX3miner to be rei "n such eVidence as is 5 \^f . e.anl. , :_Ithln ten (10) da 's affirm, repeal or ~, atter such hearing, the h' . Offioial. Tho he modlt). Ihe ordor of the Zonin ;~n~g. aKamlner shall findings of fuel anng cxamlno~s or<lcr shall bi .. ml",slrator or BuildiRg E. . 3ccompanled by 'Nritten ^ , ,ppeals: 1. I\ny peFSeR . 3ggne"ed 13 appeal th3t decision t~ y t~o decision of the hearin . the office of Iho Cily C,lh: CIty Counoil by filing nOliO: famlner may er , 0 such appeal '.vith 2, l\t its next availabl appeal, the Co . e regul3r meeting follo,ui . . heari ng exami ~:rOIl s:all review Ihe d~oisio~' a~~ I~e ;"IIn9 of a nolica of F. an sh311 affirm, repeal or mod.~,n Ings o~ f?ct of the Stay Of P . I T Ihal deCIsion. roceedlR~s' +R . uthile th . e city shall t3k .. e matteF i' 0 no actieR t Counoil. . .s pending before the hearing ~- 0 abate any nuisance X3mlner or tho Cin' G. 1 Costs: 1. Records Kept: The Zoning /\dministrator or Building Official shall keep a record of the costs of abatements done under this chapter and shall report monthly to the City Clerk or other appropriato officer all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. 2. On or before September 1 of each year, the City Clerk shall list the total unp3id charges for each abatement 3gainst each separate lot or p3rcel to 'Nhich they are attributable under this chapter. The Council may then spread the charges or any portion thereof against the property involved as a special 3ssessment under pertinent statutes, for certific3tion to the County Auditor for collection the follo'::ing year along 'Nith current taxes. Such assessment shall be payablo in no more than one 3nnual installment, pursuant to Minnesota Statutes Section 129.061, Subdivision 2. (Amended Ord. 72, 10 15 1985; amd. 2003 Code) 4-1 ~Q: INTERFERENCE WITH ENFORCEMENT OFFICIALS PROHIBITED: No person shall prevent, delay or interfere with tRe Zoning /\dministrator, Building Official or their agents an enforcement officer while they are engaged in the performance of their duties as set forth in this chapter. (Amended Ord. 72, 10-15-1985 4-1-76: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor as defined by state law and subject to the penalties therefore. Each day in which such violation continues shall constitute a separate offense. (Amended Ord. 72, 10-15-1985) CHAPTER 2 GARBAGE, RECYCLABLES AND REFUSE SECTION: 4-2-1 : Purpose 4-2-2: Definitions 4-2-3: Accumulation Prohibited; Disposal Required 4-2-4: Prohibited Acts And Conditions 4-2-5: Composting 4-2-6: Refuse Collectors 4-2-7: Refuse And Recyclable Collection Requirements 4-2-8: Enforcement Officials; Investigations And Inspections 4-2-9: Immediate Health Hazards 4-2-10: . Violation A Misdemeanor 4-2-1: PURPOSE: It is the purpose of this chapter to protect the public health, safety and general welfare of the citizens of the city by requiring each residential, commercial or industrial property to properly store and dispose of "garbage" I "recyclables" and "refuse" as defined in this chapter. This chapter will also require that all garbage, recycling and refuse collectors operating within the city be licensed. (Ord. 102, 12-15-1992) 4-2-2: DEFINITIONS: For the purpose of this chapter, the terms defined in this section shall have the meanings given them as follows: CITY HEALTH INSPECTOR: That person or persons desiqnated by the City Administrator to act on behalf of the city as the city's health inspector. COMPOST: Yard waste and other biodegradable matter that, under proper conditions, will be converted to a soil-like substance used as a soil. ENFORCEMENT OFFICIALS: The City Administrator. or his/her authorized representatives. responsible for the enforcement of the provisions of this chapter. GARBAGE: Animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. --- --- RECYCLABLES: Includes newsprint, corrugated cardboard and office paper, plastics, tin cans, aluminum, used motor oil, glass and other metal goods and other items identified as reusable or re- processable materials. REFUSE: Includes garbage and rubbish. RUBBISH: All inorganic solid wastes such as ashes and other non- reusable waste. YARD WASTE: The garden wastes, leaves, lawn cuttings, weeds, and prunings generated at residential, commercial and industrial properties. (Ord. 102, 12-15-1992) 4-2-3: ACCUMULATION PROHIBITED; DISPOSAL REQUIRED: Every household~ ef-occupant~ or owner of any residence, commercial or industrial establishment shall, in a sanitary manner, dispose of refuse and recyclables that may' accumulate upon the owner's or occupant's property on a weekly basis through a collection service licensed by the city or by other methods approved by the city. Recyclables shall be collected at a minimum, every two (2) weeks. (Ord. 102,12-15-1992; amd. 2003 Code) 4-2-4: PROHIBITED ACTS AND CONDITIONS: A. Prohibited Deposits Of Refuse, Recyclables And Yard Wastes: No person shall place any refuse, recyclables aM or yard wastes in any street or public place or upon any private property except in proper containers for collection, however. yard waste compost sites on private property consistinq of no less than 2.5 acres shall not be reauired to be placed in containers for collection unless it has been demonstrated to be detrimental to public health. welfare. or safety. and no No person shall throw or deposit refuse, recyclables aM or yard waste in any body of water or in such manner as to cause litter or contamination of the environment. S. Burying Refuse: No person shall bury any refuse in the city except in an approved sanitary landfill. (Ord. 102, 12-15-1992) 4-2-5: COMPOSTING: Composting shall be allowed only on properties where there is a single-family detached dwelling or property operated by the city as an essential service. Composting is permitted on private property if all of the following conditions are met: A. Permitted Materials: Only organic materials, yard wastes and ------- --------------- ~-- ~---------- easily biodegradable, nonpoisonous garbage may be composted. B. ~imensions Of Compost Area: Composting shall be placed in a container or pile not to exceed fifty (50) square feet in area and shall not exceed three feet (3') in height. C. Location: The compost piles or containers shall be located in the rear yard. and at least five feet (5') from any property line or twenty feet (20') tG from a side lot line if adjacent to any public street right-of-way. If a rear yard location is unavailable or impractical, the compost materials may be placed in another location approved by the City Administrator or authorized designee. O. Screening Required: All compost piles and containers shall be fully screened so as not to be visible from adjacent properties and public rights-of-way as viewed from Qround level. E. Maintenance Required: Compost containers and compost materials shall be maintained so as not to create odors, rodent harborage, fire hazard and other nuisances. (Ord. 1028,8-5-2002) 4-2-6: REFUSE COLLECTORS: A. License Required: It is unlawful to collect, haul or convey refuse from any premises in the city, other than from one's own residence, without a valid license therefore. Each such vehicle so used, except for personal disposal, must also be licensed for such activity. B. Application For License: The applicant for a collector's license or renewal of such license shall provide the following: 1. The name and address of the owner of the collection service who is to be the licensee; 2. A description of each piece of equipment proposed to be used in the collection operation; 3. A schedule of services to be made to the customer including, but not limited to, proposed days of collection. and the in different areas of the city within which those days of collection shall occur; . 4. A schedule of varying rates based on the volume or weight of the refuse collected shall be kept on file in the office of the City Clerk indicating the charge for each size container or other schedule of charges to be applied --.-.-......-.--- ---- -- by the licensee (the city may designate the number of categories in regard to the size of the containers); 5. The frequency of service to be rendered; 6. The place to which the refuse is to be hauled; 7. The manner in which the refuse is to be disposed; . 8. Proof of insurance as required in Subsection D of this section; and 9. Any other information the city deems necessary. C. Processing Application: Applications for a license hereunder shall be submitted to the city for review and recommendation consideration. If the Council is satisfied that the public need, convenience and good order will be served thereby, it may grant a license to such applicant. D. Insurance Requirements: No license shall be issued until the applicant files with the city a current copy of the policy of public liability insurance. The public liability insurance shall be in the amount of at least one hundred thousand dollars ($100,000.00) for injuries, including accidental death, to anyone person, ~ and in an amount not less than at least three hundred thousand dollars ($300,000.00) for each accident; and at least fifty thousand dollars ($50,000.00) for loss or damage to property.:. fR-..tRe amount of fifty thousand dollars ($50,000.00). Every such policy shall provide that it shall not be canceled, terminated or amended for any reason without at least ten (10) days' written notice given to the city. (Ord. 102,12-15-1992) E. Term Of License: License Fee: Licenses shall be issued for a period of one year, expiring on May 31 of each year. The license fee shall be as established by ordinance and may be adjusted adiusted1. F. Suspension Or Revocation Of License: Any license issued hereunder may be revoked or suspended by the City Council if false statements have been made in the application therefore and may be revoked or upon failure of a licensee to comply with any state law or local ordinance. the requirements of the ordinances of the city. (Ord. 102, 12- 15-1992) 4-2-7: REFUSE AND RECYCLABLE COLLECTION REQUIREMENTS: A. Refuse Collection Required: Each licensee shall provide weekly 1 See subsection 1-7-3A of this code. collection and removal of refuse from its customers' premises in residences '.vithin the city~ ~md complete collection of all refuse which normally results from day to day use of the type of property, except furnishings, appliances, construction waste and similar bulky waste for which individuals shall make special collection arrangements. B. Curbside Recycling: Each licensee shall provide curbside recycling to each of its customers residential property within the city at least every two (2) weeks. Recvclables to be collected shall consist The licensee shall provide monthly pickups of at least four (4) broad types (plastic bottles, glass bottles, metal cans and newspaper) of recyclable materials. The licensee shall also provide to the city by July 10 and January 10 of each year~ a report on the tonnage of recyclable materials collected. (Ord. 102, 12-15-1992; amd. 2003 Code) C. Neat And Orderly Collections: 1. The licensee shall assure that reasonable care in transfer transferrinQ the contents of the containers to his/her its vehicle is used to avoid spillaQe 'Nithout spilling them. If any spilling spillaQe occurs, licensee. or its emplovee then performinQ the collections services. he/she shall clean it immediately and completely. 2. Vehicles shall be equipped with brooms and shovels for cleaning any spills associated with collecting or hauling garbage, recyclables or refuse. 3. Collection shall be conducted in such a manner as to not create a nuisance. 4. Upon each collection, the containers shall be completely emptied and replaced with lids in place. D. Hours: Collection in residential zones shall be between the hours of seven o'clock (7:00) AM. and six o'clock (6:00) P.M. No collection whatsoever shall be permitted in residential districts on Sundays. Violation of these collection conditions shall constitute a misdemeanor. E. Defective Containers: Whenever a container is in poor repair, or otherwise defective so as to permit insects, vermin or rodents to enter, it shall be replaced. Notice shall be given to the owner of the defective container, which shall state that if the deficiency is not corrected, a tag shall be affixed condemninQ the container stating such condemnation. It is unlawful for any person to place or deposit refuse in a condemned container. F. Collection Vehicles: ---- ---- 1. Vehicles used by the licensee to collect or transport garbage. refuse, or recyclables over any city street shall be properly maintained and operated, and have a fully enclosed metal body which will completely contain contents so as which is tightly se31ed 3nd properly m3intained and operated to prevent offensive odors escaping therefrom and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. 2. Vehicles used to transport recycbbles or refuse over city streets shall completely contain s3id recyclables or refuse in a tightly sealed unit to prevent the recyclables or refuse from leaking, spilling, dropping, or blm...ing from the vehicle. (Ord. 102, 12 15 1992) 4-2-8: ENFORCEMENT OFFICIALS; INVESTIGATIONS AND INSPECTIONS: The City ^dministmtor or his authorized representatives Enforcement officials shall have the primary responsibility for the enforcement of the provisions of this chapter. The City Health Inspector sAaU may assist in the enforcement of the provisions of this chapter and, when requested by the City Administrator, shall make inspections or investigations as are necessary to determine whether an immediate health hazard exists as a result of a violation of this chapter. The findings of the City Health Inspector shall then be reported to the City Admin!strator. The City Health Inspector and enforcement officials may enter upon any land without consent of the owner and without being subject to any action of trespass; provided, however, that should entry into an enclosed building be necessary to perform his/her their dt:Ity duties, they shall, the Health Inspector, prior to entry, sRaJ.t obtain the consent of the owner, occupant, or person in control of such premises to enter the building. If permission cannot be obtained, the inspector shall obt3in a warrant to enter the building may be obtained. The City Administrator, City Health Inspector and their representatives enforcement officers shall carry and produce, at the request of any owner, occupant, or person in control of the premises upon which such officials request access in the performance of their duties under this chapter, identification in a form approved by the City Council. (Ord. 102, 12-15-1992) 4-2-9: ABATEMENT PROCEDURES: A. General Abatement: Whenever an enforcement official determines that a violation of the provisions of Sections 4-2-3,4-2-4, or 4-2-5 of this chapter is beina maintained or exists on premises in the city. the officer shall notify, in writina, the owner, occupant. and/or person in control of the premises of such fact and order that such violation be immediately terminated and abated. The notice shall be served in person or by mail. and as to an absentee owner, addressed to the last known address of the owner. If the property is unoccupied and the owner is unknown, the notice may be served by postina of the notice on the premises upon which the violation is located. The notice shall describe the violation and the actions required to abate the violation and the time limit within which the violation must be abated. The notice shall further state that if the violation is not remedied within the time specified, the city will take whatever steps may be necessary to remedy the violation and that the owner, occupant. or person in control of the premises, or all of them, will be billed for the actual costs incurred by the city, includinq the costs of inspection. '1 2 9: IMMEDIATE HEALTH H^ZARDS: B. Emerqency Abatement: Should an enforcement official determine that a violation exists on any premises which may pose an immediate health hazard, ^ Determination Of Violation: Should the City Administrator or his :3uthorized . ,- representatives determine that :3 '.'iol3tion of the prO'..'isions of Section '1 2 3, '1 2 '1 or '1 2 5 of this chapter exists on any premises, the City Health Inspector, upon receiving a report describing such violation, shall make an immediate inspection or investigation of the premises to determine whether the violation presents an immediate hazard to the health or safety of any person. B. Notice Of Violation: 1. If such a violation is determined to exist by the City Health Inspector, he/she shall prepare a written notice of the violation outlininq. The notice shall contain the following information: a. The street address of the premises where the violation exists. b. The name of the owners of the premises as shown on the records of the County Auditor or Treasurer. c. An itemized list of the conditions that constitute the violation. d. A statement of the actions necessary to remedy the violation. e. The date and time by which such violation must be corrected. Such period for correcting the violation shall be not less than two (2) hours nor more than two (2) days from the time such notice is posted as provided in this section. 2. The notice shall also state that if the violation is not remedied within the period stated, the city will take actions necessary to remedy the violation as set forth in the notice and that~ the owner, occupant, or person in control of the premises, or any and all of them, will be billed for the actual cost incurred by the city, including the costs of inspection. 3. The notice of violation shall be immediately posted on the premises where the violation is located-:-, which shall constitute sufficient notice and-:- A copy of the notice shall be m::liled, certified, 'Nith return receipt requested, to the O'Nner and the occupant or person in control of the premises. If the return receipt is not returned, the posting of the notice on the premises is sufficient grounds for the city to remedy the violation and charge the costs thereof to the owner, occupant, or person in control of the premises. C. Abatement By City; Costs: If a violation is not remedied within the period stated in the notice provided to the owner, occupant and/or person in control of the premises, the viol::ltion has not been remedied within the period specified on the notice, the City Health Inspector or enforcement official his ::luthorized representative shall arrange for immediate dispos::ll abatement of the condition creating the violation h::lzard. As soon as the abatement work is completed and the costs determined. the City Health Inspector or enforcement official shall prepare a written notice to the owner. occupant, and/or person in control of the premises identifvinq all the work done and the costs and expenses involved, which shall be served upon the owner of the property in person or by reqistered or certified mail. addressed to the last known address of the owner. If the property is unoccupied and the owner is unknown, the notice upon him/her may be served by postinq of the notice on the premises. Such notice shall further provide that if the total amount is not paid to the city within thirty (30) days. the costs, expenses and maximum allowable interest shall be collected An itemized statement of the disposal costs sh::lll be prepared by the Health Inspector ::lnd forwarded to the City Clerk. The City Clerk shall bill the owner, occupant and/or person in control of such premises, or ::lny of them, for such costs. If such costs are not p::lid 'Nithin thirty (30) days, tho City Clerk ',Nill certify such costs to the County Auditor ::lS an ::lssessment 3gainst the property pursuant to Minnesota Statutes Sections 443.31 and 443.29. (Ord. 102, 12-15-1992) 4-2-10: VIOLA liON A MISDEMEANOR: Any person, firm,' or corporation 'Nho violates violatinq any of the provisions of this chapter fs shall be guilty of a misdemeanor, as defined by state law and subiect to the penalties therefore. aAG eaffi Each day in which such violation person continues to viol::lte the provisions of this ch::lpter shall constitute a separate offense. (Ord. 102, 12-15-1992) -- - - ---- CHAPTER 4 WEEDS, GRASSES AND OTHER HARMFUL VEGETATION SECTION: 4-4-1: Findings; Purpose; Nuisance Declared 4-4-2: Definitions 4-4-3: Maintenance Standards 4-4-4: Permitting A Nuisance; Notice Requirements 4-4-5: Abatement Costs 4-4-6: Interference With City Officials 4-4-7: Penalties 4-4-1 : FINDINGS; PURPOSE; NUISANCE DECLARED: Noxious weeds and other harmful vegetation create a detriment to public health, comfort and convenience of the residents of the city as well as creating a general aesthetic depreciation. The growth of such vegetation is hereby declared to be a nuisance. The purpose of this chapter is to ensure proper maintenance of noxious weeds, vegetation and grasses. The City Council finds that establishing a height limitation for certain vegetation is sf lrLthe best interest of the public health, safety and welfare and is a reasonable maintenance standard. (Ord. 219A, 10-2- 2001 ) 4-4-2: DEFINITIONS: The following words shall have the meanings as specified: GRASS: Any vegetative ground cover that does not include "noxious weeds" as defined by State Statute or "natural area" as defined by this chapter. HEAVILY FORESTED AREA: Any area that is impractical to maintain due to the density of trees. NATURAL AREA: An area that does not include noxious weeds.1...tRat is purposely left to grow in a natural state~ and contains vegetation that can maintain itself in a stable condition. WEED INSPECTOR: The City Administrator or his/her designee. WEEDS: Include all "noxious weeds" as defined by the statutes of the State of Minnesota and all such useless and troublesome plants as are commonly known as weeds to the general public. (Ord. 219A, 10-2-2001) 4-4-3: MAINTENANCE STANDARDS: A. Removal Of Noxious Weeds: All "noxious weeds", as defined by State Statute, are required to be removed within ten (10) days of notification from the city. B. Grass Height Requirements: 1. Less Than One Acre: All properties less than one acre in size are required to maintain a uniform grass height of less than eight inches (8") with the following exceptions: a. Wetlands. b. Wetland buffer areas. c. Storm water ponds. d. Heavily forested areas. e. Parks and nature preserves. f. Natural area not to exceed one-quarter (1/4) lawn area. g. Slopes greater than three to one (3:1). 2. More Than One Acre: All properties with a lot area greater than one acre are required to maintain a uniform grass height of less than twelve inches (12") in the following areas of the property: a. In "public rights-of-way" as defined in Title 8, Chapter 2 of this code. b. An area thirty feet (30') in width adjacent to maintained lawns of neighboring properties. This area need not exceed the minimum . front yard setback of the adjacent property. c. All lawn areas within the minimum front yard setback that are located directly in front of the dwelling. This area need not exceed one hundred feet (100') in width. d. On corner lots, all areas within the minimum side yard setback that are adjacent to the side of the principal structure. This area need not exceed fifty feet (50') in width. e. Exceptions to these requirements include: (1) Wetlands. (2) Wetland buffer areas. (3) Storm water ponds. (4) Heavily forested areas. (5) Parks and nature preserves. (6) Agricultural property. (7) Slopes greater than three to one (3:1). (Ord. 219A, 10-2- 2001) 4-4-4: PERMITTING A NUISANCE; NOTICE REQUIREMENTS: The weed inspector shall have the power to enter upon and inspect all public and private places within the city and take all reasonable precautions to prevent the commission and maintenance of public nuisances under this chapter. Whenever.!. durinq an inspection, it is determined an adjacent property owner files a complaint that such a public nuisance is being maintained or exists eR-aR adjacent property in the city, the city shall inspect the property to determine the validity of the complaint. If the complaint is valid, the city shall notify.!. in writing.!. the owner/occupant of the premises of such fact and shall order that said nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail, addressed to the last known address of the owner. If the property is unoccupied and the owner is unknown, the notice may be served by postinq of the notice on the premises upon which the violation is located. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding ten (10) days from the date of said notice, within which the nuisance is to be abated. Such notice shall also state that in the event of noncompliance, abatement will be done by the city at the owner's expense. 'Nhen no o'.vner, occupant, or agent of the O'Nner can be found, notice shall be sent by registered or certified mail to the person \'.:ho is listed on the records of the County Auditor or County Treasurer as the owner. Service 'Nill be complete with m3i1ing. (Ord. 219A, 10-2-2001) 4-4-5: ABATEMENT COSTS: A. Liability For Costs: If the nuisance is not abated within the period stated in the notice provided to the owner, the weed inspector may arranQe for the immediate abatement of the nuisance. The owner of the premises on which such a nuisance has been abated by the weed inspector shall be personally liable for the cost to the city of the abatement, including a twenty percent (20%) administrative cost. B. Notice Of Costs: As soon as the abatement work is completed and the costs determined, the weed inspector shall prepare a written notice ffi writing to the owner;-, identifyinQ The notice shall state the work done and a tabulation of the costs and expenses involved, ami which shall be served on the owner or occupant of the property in accordance with the indi'.'idual notice provisions stated in Section 4-4-4 of this chapter. Such notice shall further provide a tabulation of the total costs and expenses in'.'olved and shall indicate that if the total amount is not paid to the city within thirty (30) days or before the f-ollmving October 1, '.\'hichever is later, the costS.l-amI expenses.l- and maximum allowable interest shall be collected as an unpaid special assessment pursuant to Minnesota State Statute 429.101. a lien in favor of the city, and maximum allo'Nable interest will be added to the amount duo as of that date 'Nith a total cost, expenses and penalties thereupon to be certified to the County Auditor and entered by him or her on his or her tax books as a lien upon such property. (Ord. 219A, 10-2-2001) 4-4-6: INTERFERENCE WITH CITY OFFICIALS: It is a misdemeanor for any person to prevent, delay or interfere with city employees or agents of the city when they are engaged in the performance of duties set forth in this chapter. (Ord. 219A, 10-2-2001) 4-4-7: PENAL TIES: A. Financial Penalty: Upon the first abatement of a nuisance, the property shall be subject only to the costs outlined in Section 4-4-5 of this chapter. An additional financial penalty will be imposed on properties that have a second nuisance abated.l-as defined determined by the City Council. Each successive nuisance abated thereafter shall be subject to a cumulative penalty per occurrence as defined determined by the City Council. B. Misdemeanor Penalty: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions as defined by state law.