HomeMy WebLinkAbout11-04-1994 MOUNDS VIEW PLANNING COMMISSION
1110 NOVEMBER ., 1994
7:30 P.M.
AGENDA
1. Call to Order
2. Roll Call
3. Review and Approval of Minutes: September 7, 1994, September 21, 1994
(Received in Previous Packet)
4. Citizens Requests and Comments from the Floor:
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND
ADDRESS FOR THE MINUTES
5. Consideration of Resolution No. 403-94 for a Conditional Use Permit, Peter
McIntyre, 2917 County Road H2, Planning Case No. 398-94
411 6. Consideration of Resolution No. 404-94 for a Conditional Use Permit, Dennis
Patterson, 8121 Edgewood Drive, Planning Case No. 400-94
7. Consideration of Resolution'No. 405-94 for a Code Appeal, William Liggett,
Colonial Village Manufactured Home Park, Planning Case No. 391-94
8. Staff Report
9. Chairman's Report
10. Adjournment
APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS
REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055
IF YOU ARE UNABLE TO ATTEND. THANK YOU.
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AGENDA SESSION IMMEDIATELY FOLLOWING REGULAR MEETING
1. Continued Discussion of Nuisance Ordinance
i
MEMORANDUM
•
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR ,\\
DATE: October 28, 1994
SUBJECT: CONDITIONAL USE PERMIT - PETER MCINTYRE
2917 COUNTY ROAD H2 , PLANNING CASE NO. 398-94
As directed at the October 19, 1994 Planning Commission Meeting,
Staff has prepared the attached Resolution for consideration by the
Commission.
As submitted, the request for Conditional Use Permit meets all
requirements of the Municipal Code for issuance.
•
•
MOUNDS VIEW PLANNING COMMISSION
11111 RESOLUTION NO. 403-94
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST BY PETER MCINTYRE
FOR A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED ACCESSORY
BUILDING AT 2917 COUNTY ROAD H2, PLANNING CASE NO. 398-94
WHEREAS the Mounds View Planning Commission has reviewed
the request of Peter McIntyre for a conditional use permit to allow
an oversized accessory building at 2917 County Road H2 ; and
WHEREAS, the Planning Commission has reviewed the Zoning
Code and recognizes that the Code allows up to a 400 square foot
accessory building with a conditional use permit; and
WHEREAS, the proposed accessory building is 308 square
feet which is within the square footage allowed with a conditional
use permit.
NOW, THEREFORE . BE IT RESOLVED that the Mounds View
1111 Planning Commission recommends to the City Council approval of the
requested Conditional Use Permit contingent upon the following:
1. The Conditional Use Permit is recorded with Ramsey
County.
2 . The building shall be maintained to provide a uniform
appearance with the dwelling unit.
3 . The accessory building does not exceed 400 square feet.
4 . The only vehicles that may be stored in the accessory
building are licensed collector vehicles.
5. There shall be no improved driving surface leading up to the
accessory building.
•
RESOLUTION NO. 403-94
4111 PAGE TWO
BE IT FINALLY RESOLVED that the Planning Commission
directs Staff to forward this resolution to the City Council prior
to approval of the minutes.
Adopted this 4th day of November, 1994.
ATTEST:
Chairman
(SEAL)
Community Development Coordinator
4111
•
4111
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR N• .
DATE: October 28, 1994
SUBJECT: CONDITIONAL USE PERMIT - DENNIS PATTERSON
8121 EDGEWOOD DRIVE, PLANNING CASE NO. 400-94
As directed at the October 19, 1994 Planning Commission Meeting,
Staff has prepared the attached Resolution for consideration by the
Commission.
As submitted, the request for Conditional Use Permit meets all
requirements of the Municipal Code for issuance.
•
•
MOUNDS VIEW PLANNING COMMISSION
1110
RESOLUTION NO. 404-94
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF THE REQUEST BY DENNIS
PATTERSON FOR A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED
ACCESSORY BUILDING AT 8121 EDGEWOOD DRIVE,
PLANNING CASE NO. 400-94
WHEREAS the Mounds View Planning Commission has reviewed
the request of Dennis Patterson for a conditional use permit to
allow an oversized accessory building at 8121 Edgewood Drive; and
WHEREAS, the Planning Commission has reviewed the Zoning
Code and recognizes that the Code allows up to a 400 square foot
accessory building with a conditional use permit; and
WHEREAS, the proposed accessory building is 308 square
feet which is within the square footage allowed with a conditional
use permit.
• NOW, THEREFORE BE IT RESOLVED that the Mounds View
Planning Commission recommends to the City Council approval of the
requested Conditional Use Permit contingent upon the following:
1. The Conditional Use Permit is recorded with Ramsey
County.
2 . The building shall be maintained to provide a uniform
appearance with the dwelling unit.
3 . The accessory building does not exceed 400 square feet.
4 _ Tho only vehio1Pg_that may bo stored in the accessory
building are licensed collector vehicles.
5. There shall be no improved driving surface leading up to the
accessory building.
•
RESOLUTION NO. 404-94
• PAGE TWO
BE IT FINALLY RESOLVED that the Planning Commission
directs Staff to forward this resolution to the City Council prior
to approval of the minutes.
Adopted this 4th day of November, 1994 .
ATTEST:
Chairman
(SEAL)
Community Development Coordinator
•
•
MEMORANDUM
4110
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR
DATE: October 28, 1994
SUBJECT: CODE APPEAL, COLONIAL VILLAGE
WILLIAM LIGGETT, PLANNING CASE NO. 391-94
At the September 21, 1994 Planning Commission meeting, the
commission agreed, in principal, to amend the Mounds View Municipal
Code to allow for manufactured home sales (model homes) within the
defined Manufactured Home Parks within the City. At that meeting,
Staff provided the Commission with information regarding how other
communities within the Metro area are dealing with this use.
The communities which allow Sales within their parks do so by
Conditional Use Permit. Although the general requirements of
Conditional Use Permits must be met, no specific language
addressing conditions of approval is included in the Municipal
4110 Codes' of the Cities I contacted. Rather, each City establishes
conditions based on the particular request. This is very similar
to the practice of establishing a "boiler plate" against which all
requests are reviewed and, if warranted, approved.
On Wednesday, Staff will be providing a Resolution of
recommendation to the City Council for consideration by the
Commission. If you have any questions, please do not hesitate to
give me a call.
4111
MEMORANDUM
1111
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR \`
DATE: October 28, 1994
SUBJECT: NUISANCE CODE
As directed at the September 21, 1994 joint Planning
Commission/City Council meeting, Staff has referenced State
Statutes in the most recent draft of the Nuisance Code (copy
attached) . In particular, definitions and certain regulated
activities (gambling) are now included in the draft. Please note
that the text in italics is taken from State Statute. Also, where
State Statute is referenced (i.e. State xxx Subd.yy) , Staff would
suggest incorporating verbiage to include the Statute.
Beyond the aforementioned specific wording, the Commissions'
efforts should focus on arriving at an agreeable definition of junk
vehicles, cars per lot and abatement procedures.
• If you have any questions regarding the Nuisance Code, please do
not hesitate to give me a call.
•
following:
• 1. Curbside recycling collection will be made
available to all residential and multiple dwelling
customers no later than July 1, 990. Such service
shall include weekly collection of all recyclable
materials on the same day as garbage and rubbish
collection for residences.
2 . Collection of garbage and rubbish and recyclable
materials will be provided on a weekly basis, but
not necessarily on the same day, for multiple
dwellings and mebi.le manufactured home park.
3 . Collection service priced in the basis of volume
shall be provided. All billings shall be itemized
so as to show what individual charges are being
levied.
4. Each licensee shall separately collect and dispose
of yard waste on a regular basis for a minimum of
eight (8) weeks in the spring, commencing on April
1, and eight (8) weeks in the fall, commencing on
September 15.
Subd. 3 Reporting of Recyclable and Yard Waste: All licensees
shall report to the City the amount of recyclable
• material nsa yard waste collected. This shall be done
monthly on a form provided by the City. Such quantities
shall be reported by tonnage; except, that yard waste
shall be reported in estimates of cubic yardage abated.
Failure to certify accurate volumes within the time
specified by the City may be cause for suspension or
revocation of a hauling license.
603 . 07 VIOLATION OF PROVISIONS
Any persons violation any of the provisions of this
Chapter shall be guilty of a misdemeanor.
NUISANCES, ANIMALS AND REFUSE
CHAPTER 604-Nuisances
604. 01 RULES AND DEFINITIONS:
Subd. 1. "Person", as used herein, includes any person, firm or
corporation and the singular shall include the plural.
State 566.18 Subd. 5 PERSON
"Person" means a natural person, corporation, partnership
or unincorporated association.
111 Subd. 2 Where references are made herein to particular officers,
boards, agencies, or the Council, those are to that of
Mounds View unless otherwise defined.
• Subd. 3 . 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.
604.02 PUBLIC NUISANCE DEFINED: Whoever by an act or failure to
perform a legal duty intentionally does any of the
following is guilty of maintaining a public nuisance,
which is a misdemeanor:
State 609. 74
State also defines NUISANCE; ACTION under 561.01 as
Anything that is injurious to health, or indecent or
offensive to the senses, or an obstruction to the free
use of the property, is a nuisance. (it goes on to
state: An action may be brought by any person whose
property is injuriously affected or whose personal
enjoyment is lessened by the nuisance, and by the
judgement the nuisance may be enjoined or abated, as well
as damages recovered.)
Subd. 1 Maintains or permits a condition which unreasonably
annoys, injures or endangers the safety, health, morals,
comfort or repose of any considerable number of members
of the public; or
State 609.74 (1)
• for
2 Interferes with, obstructs or renders dangerous f r
passage, any public road or right of•way, street, alley
or highway or waters used by the public; or
State 609 .74 (2)
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
State 609 . 74 (3)
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;
Subd. 6 Definitions:
a. The term "City" as used herein means the City of
Mounds View, in Ramsey County, State of Minnesota.
• b. The term "person" as used herein includes any
person, firm or corporation and the singular shall
include the plural.
• This is provided above in Subd.1
c. Where references are made herein to particular
officers, Councils, boards or agencies are those of
the City of Mounds View.
This is provided above in Subd. 2
d. The term "City Council" used herein means the City
Council of the City of Mounds View, Minnesota.
Should this be moved up to the beginning of the
definitions page?
e. State- 161.242 (d) JUNK
"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 .
604 . 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. Milk which is produced by cows which have not been
tested and found free of tuberculosis within the
year previous to the offering of such milk for sale
to the public.
d. Carcasses of animals not buried or destroyed within
twenty-four (24) hours after death.
e. Accumulations of manure or rubbish.
f. Privy vaults and garbage cans which are not fly-
tight.
g. The effluence from any cesspool, septic tank, drain
field or sewage disposal system discharging upon
the surface of the ground.
h. All noxious weeds, tall grasses defined as anything
eight (8") inches in height, and other rank
• over growths.
i. 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 material of any kind on private property.
j . Offensive trades and businesses, as defined by
statute or ordinance, not licensed as provided by
law.
k. The pollution of any public well or cistern, stream
or lake, canal or body of water by sewage,
industrial waste or other substances.
1. Dense smoke, noxious fumes, gas and soot, or
cinders in such quantities as to render the
occupancy of property uncomfortable to a person of
ordinary sensibilities.
m. All public exposure of persons having contagious
disease.
n. The distribution of samples of medicines or drugs
unless such samples are placed in the hands of an
adult person by someone properly licensed.
• o. 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.
p. 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.
q. All other acts, omissions of acts, occupations and-
uses of property which are deemed by the 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.
State 617.81 Subd. 2 (2)
4111 b. Betting, bookmaking and all apparatus used in such
operations.
c. All houses kept for the purposes of prostitution or
• promiscuous sexual intercourse, gambling houses,
houses of ill fame and bawdy houses.
State 617.81 Subd. 2 (1)
d. 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.
State 617.81 Subd. 2 (5)
e. Any vehicle used for the illegal transportation of
intoxicating liquor or any immoral purposes.
f. All indecent or obscene pictures, books, pamphlets,
magazines and newspapers and billboards.
g. The public use of profane or obscene language.
h. The looking into or peeping through doors, windows,
1111or openings of private homes by methods of stealth
and without proper authority and by surreptitious
methods or what is commonly known as "window
peeping" .
i. All other things, omissions or occupations that may
be considered detrimental to the moral well-being
of the inhabitants of the Municipality or a
considerable number thereof.
Subd. 3 Public Nuisances Affecting Peace and Safety: The
following are declared to be nuisances affecting public
peace and safety:
a. All snow and ice not removed from public sidewalks twelve
(12) hours after the snow and ice has ceased to be
deposited thereon.
b. 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.
c. All limbs of trees which are less than eight feet (8° )
above the surface of any public street or alley.
• d. The piling, storing or keeping of old machinery, junk,
furniture, household furnishings or appliances or
component parts thereof or other debris within the City.
410 e. 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.
f. 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 neatly
maintained compost piles.
g. 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.
h. The accumulation of any piles of wood which are not:
1. neatly stacked or (how high?)
• 2 . stacked (where?) or secured in a stable manner to
avoid collapse (What materials may be used to
stack?, must it be off the ground?)
i. 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 original value or which
are so situated as to endanger the safety of the public.
j . 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.
k. Any construction materials, including piles of dirt,
sand, and sod, left in the open property more than sixty
(60) days after construction has been completed or a
certificate of occupancy has been issued, whichever
occurred first.
1. All buildings and all alterations to buildings made or
erected in violation of fire codes concerning manner and
materials and construction.
• m. Any truck or other vehicle whose wheels or tires deposit
mud, dirt, sticky substances, litter or other material on
• n. any street or highway.
Any discarded constructionmaterial 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.
o. 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.
p. All use or display of fireworks, except as provided by
law or ordinance.
q.
All unreasonable or unnecessary noises and/or annoying
vibrations.
r. Reflected glare or light from private exterior lighting
exceeding five-tenth footcandles as measured on the
property where the lighting is located when abutting any
residential parcel and one footcandle when abutting any
commercial or industrial parcel.
s. Obstructions and excavations affecting the ordinary use
of the public streets, alleys, sidewalks or public
4110
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.
t. Radio aerials strung or erected in any manner except that
provided by law or ordinance.
u. 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.
v. 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.
w. 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.
x. 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.
• y. The distribution of handbills, except as provided by law
or ordinance.
z. 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.
aa. Placing entrance culverts 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.
bb. Making repairs to motor vehicles or tires in public
streets or alleys, excepting only emergency repairs when
it will not unduly impede or interfere with traffic.
cc. The placement of mailboxes and other delivery receptacles
on public right-of-way except those which are:
i. In compliance with United States Postal Service
requirements for location and type;
ii. Installed as far back from the street pavement as
reasonable practical to avoid snow plowing damage;
iii. Located within four feet of the intersection of a
side property line with the street, or located in
front of, and on the same side of the street as,
11111 the building it serves; and
iv. Located as a group in one place within four feet of
a side property line and as close to the beginning
of a cul-de-sac bulb as possible if the mailboxes
and delivery receptacles serve buildings fronting
and on the circular portion of a cul-de-sac end
point, known as the bulb.
dd. Erecting, painting, or placing of unauthorized traffic
signs or advertising signs in streets or alleys or on
sidewalks.
h State covPrG unauthorized signs on highways under 169 .07
UNAUTHORIZED SIGNS
ee. 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.
604. 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
1111 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.
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. any one wall or other flat surface, or
ii. all door and window moldings, eaves,
gutters,and similar projections on any one
side or surface.
iii. Would it be too restrictive to include some
• language addressing uniform color for a house
on a property. (ie. some houses have one side
painted one color and another side a
completely different color) .
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.
604. 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.
604. 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" shall mean any motor
vehicle as defined in Minnesota Statute 169.01,
including pioneer, classic collector and street rod
vehicles but excluding the following:
(This already references State statutes
i. Trailers with weight classifications of A and
B as provided in Minnesota Statute 168.013.
Subd. le.
ii. Snowmobiles, and
iii. All terrain vehicles as ,defined in Minnesota
• Statute 84.92, Subd. 8.
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 the Zoning Ordinance.
c. "Vital Component Parts" shall include those parts
of a motor vehicle, including but not limited to
the motor, drive train and wheels.
d. "Occupant" shall include any person living in and
under control any dwelling unit upon property
wherein a motor vehicle is parked.
State uses 617.80 Subd. 8 INTERESTED PARTY
"Interested party" for purposes of Sections 617.80
to 617.87 means any known lessee or tenant of a
building or affected portion of a building and any
known agent of an owner, lessee or tenant.
e. State includes definition of JUNKED VEHICLE (168 .27
Subd. 1 (12) as:
"Junked vehicle" means a vehicle that is graded and
stamped as a "class D" total loss vehicle under
• section 168A.151.
Subd. 2 Declaration of Nuisance. The outside parking and storage
• on residentially-zoned property of large numbers of
vehicle and vehicles, materials, supplies 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) prevents the full use of
residential streets for residential parking, (d)
introduces commercial advertising signs into area where
commercial advertising signs are other wise prohibited,
(e) decreases adjoining landowners and occupants'
enjoyment of their property and neighborhood, and
otherwise adversely affects property values and
neighborhood patterns.
Subd. 3 Unlawful Parking and Storage:
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 unless more than 100 feet back from the
front property line.
• 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
connections with a business, outside on
residentially-zoned property, unless shielded from
public view by an opaque cover or fence.
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. No more than four vehicles per lawful dwelling
unit may be parked or stored anywhere outside
on R-1 and R-2 zoned property, excluding
vehicles of occasional guests who do not
reside on the property.
ii. Vehicles which are parked or stored outside in
the front-yard area must be on a paved or
driveway like surface area only.
iii. All vehicles, watercraft and other articles
stored outside on residential property must be
owned by a person who resides on that
property. Students who are away at school for
1111periods of time but still claim their property
as their legal residence shall be considered
residents on the property.
• d. No person owning, driving or incharge of any
vehicle with a weight classification G through T
inclusive, as specified in Minnesota Statute
160.013, Subd, ??, may cause or permit that vehicle
to be parked outside or stand continuously for more
than two hours on nay property or public street
within a residential zone in the City.
***Would this cover the trailers that are abundant
on lawns now?
e. What about some language re: rear yard parking.
Would it be permissible, if so when, and how much
of rear yard could be covered with driveway like
surface??
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 reasonable necessary to make such a pickup or -
delivery and in excess of the two hour limit shall
be unlawful.
c. Lawful nonconforming and permitted uses.
Is this a good idea to have included? Will
everyone try to get their existing situation
"grandfathered " in??
Subd. 5 LANDLORD'S LABILITY
a. For the purpose of this subdivision, "owner" is
defined to include corporations and partnerships as
well as individual owners.
b. Violation of the nuisance control regulations shall
be the act of the owner of the residential dwelling
unit as well as the persons on the premises who
violate said regulations; except that the owner
shall be liable only for those violations occurring
after receipt written notice from the City of
violation of the nuisance regulations having
occurred at the residential dwelling unit.
410604.07 SPECIAL PROVISIONS - ABANDONED OR INOPERABLE VEHICLES
Subd. 1. Definitions,: When used in this Lection, thc following
• words and phrascs shall have the meanings ascribed to
them in this subdivision:
a. MOTOR VEHICLE: Any vehicle propelled by an engine
and authoriBcd to be driven on a public highway.
b. OCCUPANT: Any person living in and under control
vchicic i3 parkcd.
Subd. 1 Definitions. For purposes of this section the following
words shall have the meanings specified below.
a. "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.
• b. "Junk Vehicle" means a motor vehicle which is in
operable condition, 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, dismantling or salvage
of any kind, unless such vehicle is kept in an
enclosed garage or storage building. A junk
vehicle shall also be considered an abandoned
vehicle for the purpose of this ordinance.
c. "Inoperable condition" means that the vehicle has
no substantial potential use consistent with its
usual function, and shall include a vehicle that
(i) has a missing or defective part that is
necessary for the normal operation of the vehicle,
(ii) is stored on blocks or jacks or other
supports, or (iii) has not had a current vehicle
license for at least six months.
d. "Motor vehicle" or "vehicle" shall have the meaning
contained in Minnesota Statute 169.01.
e. "Vital component parts" means those parts of the
motor vehicle that are essential to the mechanical
functioning of the vehicle, including, but not
• limited to, the motor, drive train, and wheels.
Cubd. 2 Abandoned Motor Vehicle Dcfincd: A motor vchicic will be
aonaidcrcd abaadened if: a) It has remained illegally
• on public property and/or it i3 lacking vital component
part3; b) It has remained for a period of more than forty
eight (48) hours on private property without the consent
of the occupant of such property.
Subd. 3 Junkcd Motor Vehicle Defined: A vehicle will be
considered a junked motor vehicle if it cannot be driven
or propelled undcr its own power, in its ci3ting
condition, in a safe and legal manner as required for
operation on public thoroughfarc3.
Subd. 4 VEHICLES CONSTITUTING A PUBLIC NUISANCE
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
1111 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. 3 ABATEMENT
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.
(The Council has the authority to do so in State
Stat. 412.221 Subd. 23 NUISANCES: The Council
shall have power by ordinance to define nuisances
and provide for their prevention and abatement.
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.
604. 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 Building Inspector,
or his 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 of 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.
111 (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 any
residential dwelling unit
wherein such loud party
gathering is taking place,
except the owner, persons,
residing in that unit or
persons who have there for the
sole purpose of abating the
disturbance.
Subd. 3 Landlord's Liability
a. For the purpose -of this subdivision, "owner" is
defined to include corporations and partnerships as
well as individual owners.
State 566.19 Subd. 3 OWNER
"Owner" means the owner or owners of the freehold
of the premises or lesser estate therein, contract
vendee, receiver, executor, trustee, lessee, agent,
or any other person, firm or corporation directly
1111 or indirectly in control of a building subject to
the provision of the act.
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
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.
604. 07 : VIOLATION OF PROVISIONS: Any person violating any
provision of the Chapter shall be guilty of a
misdemeanor.
604. 08 BUILDINGS OR STRUCTURES WHICH ENDANGER PUBLIC SAFETY,
HEALTH OR PROPERTY WITHIN THE CITY
Subd. 1 Any building or structure in the City which is found by
the City Building Inspector, Fire Marshal or his
designee, to be dangerous to public safety, health, or to
other property by reason of:
a. Damage by fire; or
• b. Defective chimneys or stovepipes; or
c. Dilapidated condition or decay; or
id. Defective electric wiring; or
e. Defective gas installation; or
f. Defective heating apparatus; or
g. Defective sewage disposal system or plumbing; or
h. Any other defect endangering the public safety,
health or other property;
is hereby declared to be a nuisance affecting public
safety and health.
Subd. 2 The Building Inspector, Fire Marshal or his designee may
order such nuisance abated by ordering its repair,
correction or removal. Such order shall be in writing
and shall order the repair, correction, or removal of
the nuisance within 30 days or such other time as the
Building Inspector, Fire Marshall or his designee shall
deem reasonable. Such order shall be served upon the
owner, the lessee or the occupant by mail or by personal
service. The order may provide that the building or
structure not be further used or occupied until the
repair or correction of the defect occurs.
State Stat. 462 . 17 BUILDINGS DECLARED A NUISANCE states:
Any building or structure erected, altered, repaired, or
used in violation of sections 462 .12 to 462 .17 or any
ordinance passed thereunder, shall be deemed a nuisance
and may be abated at the suit of the city in civil
action. The city may maintain actions for injunction to
prevent violation of sections 462 .12 to 462 .17 and of the
ordinances passed in pursuance thereof. Owners of land
and others interested in land within the district may
also maintain similar actions of abatement for
in j-umcA i on.
604. 09 VIOLATION OF PROVISIONS:
Any person violating any provision of this Chapter shall
be guilty of a misdemeanor.
State 609. 745 PERMITTING PUBLIC NUISANCE
Whoever having control of real property permits it to be
used to maintain a public nuisance or lets the same
knowing it will be so used is guilty of a misdemeanor.
605. 00 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 of 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.
According to State stat. 429.021 Subd. (8) the Council of
a municipality shall have the power to abate nuisances.
Subd. 01 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
officer and shall be given at least ten days before the
date stated in the notice when the Council will consider
the matter. If notice is given by posting, at least 30
days shall elapse between the day of posting and the
hearing.
Subd. 2 Summary Abatement.
The enforcing officer may provide for abating a public
nuisance without following the procedure required in
paragraph 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
properties on public property, or
• d. There has been a violation of 604.03 Subd. 3r
(Verify Code Number)
4111 If the enforcing officer abates the nuisance pursuant to
this section, the officer must reasonably attempt to
notify the owner, occupant, or other responsible party if
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 oft the cost of
abatement, including administrative costs. As soon as
the work has been completed and the cost determined, the
City Clerk or other official designated by the council
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
City Clerk.
Subd. 4 Assessment. If the cost, or any portion of it, has not
been paid under Subdivision ??, within 30 days after the
date of the bill, the unpaid cost may be certified
against the property to which the cost is attributable.
411/0 Before certification against the property, reasonable
notice of the impending certification and an opportunity
to be heard by the Council must be given to the taxpayer
of record. Failure of the taxpayer to receive the notice
shall not invalidate the certification, however.
Thereafter, the unpaid cost may be certified to the
County Auditor for collection along with current taxes
int he following year or in such annual installments, not
exceeding ten, as the council may determine in each case.
Subd ??? 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.
•