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HomeMy WebLinkAboutOrdinance 556 '. . . ORDINANCE NO. 556 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY REPEALING CHAPTER 604, ENTITLED "NUISANCES", AND AMENDING TITLE 600 BY ADOPTING A NEW CHAPTER 607, ENTITLED "NUISANCES" The City council of the city of Mounds View does hereby ordain: SECTION I. Chapter 604, entitled "Nuisances", of the Municipal Code is hereby repealed. SECTION II. Title 600 of the Municipal Code is hereby amended as follows by adding a new Chapter 607, entitled "Nuisances". CHAPTER 607 JroISANCES 607.01 RULES AND DEFINITIONS: Subd. 1. "Person", as used herein, includes any person, firm or corporation and the singular shall include the plural. Subd. 2. "City" as used herein, means the City of Mounds View, in Ramsey County, state of Minnesota. Subd. 3. Where references are made herein to particular officers, boards, agencies, or the City Council, those are to that of the city of Mounds View, Minnesota unless otherwise defined. Subd. 4. Beverages with an alcoholic content not exceeding three and two-tenths percent (3.2%) shall be included in the term "intoxicating liquors", as used herein. Subd. 5. "Junk" means old or scrap hazard signs, copper, brass, rope, rags, batteries, paper, synthetic or organic, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or farm or construction machinery or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. 607.02 NUISANCES DEFINED: A nuisance shall mean any act, substance, matter, emission or thing which creates a . . . Ordinance No. 556 Page 2 dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other property located within the City of Mounds View. Nuisances shall include, but not be limited to, those enumerated below: Subd. 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, comfort or repose of members of the public; or Subd. 2. Interferes with, obstructs or renders dangerous for passage, any public road or right of way, street, alley or highway or waters used by the public; or Subd. 3. Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided; or Subd. 4. Anything left or displayed for sale on public or private property without written permission by the owner or person in control of the property conspicuously displayed on the item left for sale may be tagged and/or towed at the owner's expense or its owner tagged. Subd. 5. In any way render the public insecure in life or in use of property; 607.03 NUISANCES ENUMERATED Subd. 1. Public Nuisances Affecting Health, Safety, Comfort or Repose. The following are hereby declared to be public nuisances affecting health, safety, comfort or repose: a. All ponds or pools of stagnant water. b. All decayed or unwholesome food offered for sale to the public. c. Carcasses of animals not buried or destroyed within twenty-four (24) hours after death, excluding game animals. d. Accumulations of manure or rubbish. . . . Ordinance No. 556 Page 3 e. Privy vaults, garbage cans and garbage recepticles which are not fly-tight. f. The effluence from any cesspool, septic tank, drain field or sewage disposal system discharging upon the surface of the ground. g. All noxious weeds, tall grasses defined as anything over eight (8") inches in height, and other rank growths. h. Any accumulation of 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, cans, glass, food containers or other material of any kind on private property. i. Trades and businesses, as defined by statute or ordinance, not licensed as provided by law. j . The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances. k. Dense smoke, noxious fumes, gas and soot, or cinders in quantities as to render the occupancy of property uncomfortable to a person. I. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person by someone properly licensed. m. The keeping, maintaining or harboring of live wild animals, whether native to Minnesota or not, which in their wild state pose a threat to humans or domestic animals. n. The keeping, maintaining or harboring of any combination of animals and/or fowl kept in such numbers or under such conditions that unreasonably annoy, injure or endanger the health, safety, comfort, repose or welfare of the public. o. The failure to maintain basic repairs and upkeep on a vacant residence or building. InCluding, but not limited to, snow removal, lawn matinenance and exterior maintenance. . . . Ordinance No. 556 Page 4 p. All other acts, omissions of acts, occupations and uses of property which are deemed by the Minnesota state Board of Health to be a menace to the health of the inhabitants of the Municipality or a considerable number thereof. Subd. 2. Public Nuisances Affecting Morals and Decency: The following are hereby declared to be public nuisances affecting public morals and decency: a. All gambling devices, slot machines, and punch boards, not lawfully allowed by Minnesota state statute. b. Betting, bookmaking and all apparatus used in such operations. c. All places where intoxicating liquors are manufactured, sold, bartered or given away in violation of the 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 violations of the law and all liquors, bottles, kegs, pumps, bars, and other property kept at and used for maintaining such a place. d. Any vehicle used for the illegal transportation of intoxicating liquor. e. The looking into or peeping through doors, windows, or openings of private homes by methods of stealth and without proper authority and by surreptitious methods or what is commonly known as "window peeping". Subd. 3. Public Nuisances Affecting Peace and Safety: The following are declared to be nuisances affecting public peace and safety: a. All trees and hedges, billboards or other obstructions which prevent persons from having a clear view of street signs and/or a clear view of all traffic approaching an intersection. b. All limbs of trees which are less than eight feet (8') above the surface of any public street or alley. . . . Ordinance No. 556 Page 5 c. I I i The outside piling, storing or keeping of old machinery, junk, lfurniture, household furnishings or appliances or component parts thereof, rusting metal inoperable/unusable equipment, or other debris visible on private or public property. d. The placing or throwing on any street, alley, road, highway, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances which may injure any person or animal or damage any pneumatic tire when passing over the same. e. The depositing of, maintaining, permitting or failing to remove, garbage, trash, rubbish, bottles, cans and other refuse on any property within the city, including large quantities of organic debris and materials, which accumulated by other than natural means, except properly maintained compost piles. f. Property in a residential district not seeded, sodded or otherwise planted with a ground cover more than 240 days after any disturbance to the property caused by construction, grading, or other activity; or any time prior to the 240 days if the property is causing erosion or drainage problems on the same or nearby properties, including the public streets. g. The accumulation of any piles of wood which are not stacked or secured in a stable manner so as to avoid collapse. h. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) of their fair market value or which are so situated as to endanger the safety of the public. i. Any structure, or portion thereof, in a residential district whose exterior is not completed in accordance with city-approved construction plans within 180 days after the date the City building permit was issued, whichever occurred first. j . Any construction materials, including piles of dirt, sand, and sod, left on the property more than sixty (60) days after construction has been completed or a certificate of occupancy has been . . . Ordinance No. 556 Page 6 issued, whichever occurred first. k. All buildings and all alterations to buildings made or erected in violation of fire codes concerning manner, materials or construction. 1. Any vehicle that deposit's mud, dirt, sticky substances, litter or other material on any street or highway. m. Any discarded construction material or other litter at a construction site which is not placed in an adequate waste container or which is allowed to blow around or off the site. n. All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than provided by law or ordinance. o. Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance and any other excavation left unprotected or uncovered indefinitely or allowed to exist in such a manner as to attract people. p. All use or display of fireworks, except as provided by law or ordinance. q. Radio aerials strung or erected in any manner except that provided by law or ordinance. r. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds or people to gather, obstructing traffic and the free use of public streets or sidewalks. s. All hanging signs, awnings, and other similar structures over public streets or sidewalks or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance or without proper permit. t. 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. . . . ordinance No. 556 Page 7 u. All dangerous, unguarded machinery, equipment or other property in any public place or so situated or operated on private property as to attract the public. v. The distribution of handbills, except as provided by law or ordinance. w. Throwing, dropping or releasing printed matter, paper or any other material or objects over the city from an airplane, balloon or other aircraft or in such manner as to cause such material to fall or land in the city. x. Placing entrance cuI verts or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks, without proper permit. y. Making repairs to motor vehicles or tires in public streets or alleys, except for emergency repairs when it will not unduly impede or interfere with traffic. z. The placement of mailboxes and other delivery receptacles on public right-of-way except those which are in compliance with united states Postal Service requirements for location and type. subd. 1. The post shall be installed as far back from the street pavement as reasonably practical to avoid snow plowing damage. aa. The placement, erecting or painting of unauthorized traffic signs or advertising signs in streets or alleys or on sidewalks. 607.04 SPECIAL PROVISIONS - BUILDING MAINTENANCE AND APPEARANCE Subd. 1. Declaration of Nuisance. Building, fences, and other structures which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they (a) are unsightly (b) decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood, and (c) adversely affect property values and neighborhood pattern. . . . Ordinance No. 556 Page 8 Subd. 2. Standards. Any building, fence, or other structure is a public nuisance if it does not comply with the following requirements: a. No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. b. Every exterior surface which has had a surface finish such as paint applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped or otherwise deteriorated surface finish on more than twenty percent (20%) of: i. anyone wall or other flat surface, or ii. all door and window moldings, gutters, and similar proj ections on side or surface. eaves, anyone c. All wires which are strung less than fifteen (15') above the surface of any public street or alley. d. All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place. e. All cornices, moldings, lintels, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly. f. Roof surfaces shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly. g. Chimneys, antennae, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where applicable, to an exterior wall or exterior roof. h. All foundations shall be structurally sound and in good repair. 607.05: CESSPOOLS OR SEPTIC TANKS: It shall be unlawful for any person to allow the contents of any septic tank or cesspool to be pumped or to overflow onto the ground. . . . Ordinance No. 556 Page 9 607.06: OUTSIDE PARKING AND STORAGE: Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the meanings ascribed to them in this subdivision: a. "Vehicle" or "vehicles" vehicle as defined in excluding the following: shall mean any motor Minnesota Statute but i. Trailers with weight classifications of A and B as provided in Minnesota Statute. ii. Snowmobiles, and iii. All-terrain vehicles as defined in Minnesota Statute. b. "Front yard area" shall mean all that area between the front property line and a line drawn along the front face or faces of the principle structure on the property extended to the side property lines. The front side of the property shall be determined as specified in Title 1100 of this Code. c. "vi tal Component Parts" means those parts of the motor vehicle that are essential to the mechanical functioing of the vehicle, including, but not limited to, the motor, drive train, and wheels. d. "Occupant" shall include any person living in or in control of any dwelling unit upon property wherein a motor vehicle is parked. Subd. 2. Declaration of Nuisance. The outside parking and storage on residentially-zoned property of vehicles, materials, suppl ies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) introduces commercial advertising signs into area where commercial advertising signs are otherwise prohibited, (d) decreases adjoining landowners and occupants' enjoyment of their property and neighborhood, and (e) otherwise adversely affects property values and neighborhood patterns. Subd. 3. Unlawful Parking and Storage: . . . Ordinance No. 556 Page 10 a. No person may place, store, or allow the placement or storage of ice fish houses, skateboard ramps, play houses, or other similar non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residentially-zoned property. b. No person may place, store or allow the placement or storage of pipe, lumber, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residentially-zoned property. c. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles in residentially-zoned property unless it complies with the following requirements: i. Vehicles which are parked or stored outside shall be on an improved surface as defined in this Code. ii. All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who is a legal resident of that property. d. No person owning, driving or in charge of any vehicle with a weight classification, as specified in Minnesota statute, may cause or permit that vehicle to be parked outside or stand continuously for more than two hours on property or public street within a residential zone in the City. Subd. 4. EXCEPTIONS: The prohibitions of this sections shall not apply to the following: a. Any motor truck, pickup truck, or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b. Any vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. . . . Ordinance No. 556 Page 11 Subd. 5. SPECIAL PROVISIONS - ABANDONED OR INOPERABLE VEHICLES a. Definitions. For purposes of this section the following words shall have the meanings specified below. i. "Motor vehicle" or "vehicle" shall have the meaning contained in Minnesota Statute. ii. "Vital component parts" means those parts of the motor vehicle that are essential to the mechanical functioning of the vehicle, incl uding , but not 1 imi ted to, the motor, drive train, and wheels. iii. "Abandoned Vehicle" means a motor vehicle that has remained for a period of more than forty- eight (48) hours on public property illegally or lacking vital component parts, or that has remained for a period of more than forty-eight (48) hours on private property with or without consent of the person in control of property, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the city or to a moving contractor hired by the city for its removal. iv. "Junk Vehicle" means an inoperable motor vehicle which is partially dismantled, which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantl ing or salvage of any kind, unless such vehicle is kept in an enclosed garage. A junk vehicle shall also be considered an abandoned vehicle for the purpose of this ordinance. v. "Inoperable condition" means that the vehicle has no substantial potential use consistent with its usual function, and shall include a vehicle that (a) has a missing or defective part that is necessary for the normal operation of the vehicle, or (b) is stored on blocks or jacks or other supports. Subd. 6. VEHICLES CONSTITUTING A PUBLIC NUISANCE . . . Ordinance No. 556 Page 12 a. Abandoned and junk vehicles are declared to be a public nuisance creating a hazard to the health and safety of the public because they invite plundering, create fire hazards, attract vermin, and present physical dangers to the safety and well being of children and other citizens. The accumulation and outside storage of such vehicles is in the nature of rubbish, litter, and unsightly debris and is a blight on the landscape and a detriment to the environment. It shall be unlawful for a person to pile, store or keep wrecked, junked or abandoned motor vehicles on private or public property. b. Any vehicle, whether occupied or not, that is found stopped, standing or parked in violation of any ordinance or state statute; or that is reported stolen; or that is found impeding firefighting, snow removal or plowing or the orderly flow of traffic, is declared to be a public nuisance. c. Any vehicle which is impeding public road or utility repair, construction or maintenance activities after reasonable notice of the improper activities has been given to the vehicle owner or user at least twelve hours in advance, is declared to be a public nuisance. d. Vehicles without license plates: Any vehicle shall be deemed to be a junked or abandoned vehicle if said vehicle does not have attached thereto a valid and current license plate issued by the proper state agency. Subd. 7. ABATEMENT OF VEHICLES a. Impounding. Any police officer or other duly authorized person may order any vehicle constituting a public nuisance to be immediately removed and/or impounded. The impounded vehicle shall be surrendered to the duly identified owner by the towing contractor only upon payment of the required impound, towing and storage fees. b. Sale. Notice and sale of any vehicle impounded under this ordinance shall be conducted in accordance with Minnesota statute Chapter 168B, governing the sale of abandoned motor vehicles. . . . Ordinance No. 556 Page 13 607.07 NOISE CONTROL REGULATIONS Subd. 1. Loud or Unnecessary Noises Prohibited: It shall be unlawful for any person to make or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs or affects the comfort, repose, health or peace of others. Subd. 2. Loud or Disturbing Noises Enumerated; Restrictions: The following acts set forth in the following paragraphs are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive: a. Construction or Repairing of Buildings: The erection, including excavating, demolition, alteration or repair of any building between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. on weekdays and all day Sunday, except where single individuals or families work on single-family residences for their own occupancy owned by them; except, that the Clerk Administrator, or their designee, in case of emergency, grant permission to repair at any time when he finds such repair work will not affect the health and safety of persons in the vicinity. b. Nighttime Noise in Residential Areas; Parties: (i) No person shall, between the hours of ten o'clock (10:00) P.M. and seven (7:00) A.M., participate in any loud party or gathering of people from which noise emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing in any residential area. (ii) Loud noises between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of such volume as to be plainly audible at a distance of one hundred feet (100') from the residential premises wherein such loud party or gathering is located shall be prima facia evidence of a violation of this Section. (iii)No persons shall visit or remain within residential dwelling wherein such loud gathering is taking any unit party place, . . . Ordinance No. 556 Page 14 except the owner, persons, residing in that unit or persons who are there for the sole purpose of abating the disturbance. 607.08 ENFORCEMENT It shall be the duty of the City Council to enforce the provisions of this ordinance and the City Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this section, including the power to inspect private premises, and the officers charged with the enforcement of this ordinance shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. The City Administrator or designee is authorized to enter upon any property if necessary to determine whether the provisions of this code or any applicable state statute has been violated, to make any examinations or surveys, or to conduct any tests as may be reasonably necessary in the performance of their duties. All inspection and testing must be done in a reasonable manner. Subd. 1. Abatement. 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 call or notify in writing the person committing and maintaining such a public nuisance and require him to terminate and abate said nuisance and remove such conditions or remedy such defects. Notice to the owner shall be satisfied by notice to the person listed as the taxpayer on the County's tax records. If the premises are not occupied, the address of the owner is unknown and no other responsible party can be reasonably identified, notice may be served on the property by posting a copy of the notice on the premises. said notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable amount of time to be designated in said notice, but the maximum time of the removal of said notice after service of said notice shall not in any event exceed 30 days. If the owner, occupant or other responsible party does not comply with the notice within the time specified, the City Council may, after notice to the owner and occupant or other responsible party and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing . . . Ordinance No. 556 Page 15 officer and date stated the matter. days shall hearing. shall be given at least ten days before the in the notice when the Council will consider If notice is given by posting, at least 30 elapse between the day of posting and the Subd. 2. Summary Abatement. The enforcing officer may provide for abating a public nuisance without following the procedure required in subdivision 1 above when: a. There is an immediate threat to the public health or safety. b. There is an immediate threat of serious property damage. c. A public nuisance has been caused by private parties on public property, or If the enforcing officer abates the nuisance pursuant to this section, the officer must reasonably attempt to '<5- notify the owner, occupant, or other responsible party @- the intended action and the attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost at the next regularly scheduled City Council meeting. Subd. 3. Cost Recovery. The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, shall be personally liable to the City for the cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the Clerk-Administrator or their designee shall prepare a bill for the cost and mail it to the owner or other responsible party. Thereupon, the amount shall be immediately due and payable at the office of the Clerk- Administrator. Subd. 4. Assessment. If the cost, or any portion of it, has not been paid under Subdivision 3., within 30 days after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the City Council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice shall not invalidate the certification, .. ,. tie' Ordinance No. 556 Page 16 however. Thereafter, the unpaid cost may be certified to the County Auditor for collection along with' current taxes in the following year or in such annual installments, not exceeding ten, as the City Council may determine in each case. Subd. 5. Landlord's Liability a. For the purpose of this subdivision, "owner" is defined to include corporations and partnerships as well as individual owners. b. violation of the noise control regulations shall be the act of the owner of the residential dwelling unit as well as the persons on the premises who y violate said regulations; except, that the owner shall be liable only for those violations occurring after receipt of written notice from the City of violation of the noise control regulations having occurred at the residential dwelling unit. Su d. 6. Penalty. Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense. SECTION III. This Ordinance shall take effect thirty (30) days after the date of its publication. Read by the City council of the city of Mounds View this 2 day of February , 1995. Read and passed by the City vi w this 20 day of March of the City of Mounds APPROVED AS TO FORM: Cit1(~~ ~~ i a it of Publication N Th and ora T i 1 1 i a , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NeW Brighton Bulletin and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 556 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for l successive weeks; it was first published on Wednesday, the 29th day of Mar. 1925, and was thereafter printed and published on every to and including , the day of , 19; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ^ STUVWXYZ "abcdefghijklmnopgrstumxyz BY: TITLE:— Subscribed ITLE:Subscribed and sworn to before me on this 29th day of Mar. ,1995 j , Notary Public 'Alphabet should be in the same size and kind of type as the notice. % STEPHANIE K. 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