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HomeMy WebLinkAboutAgenda Packets - 2002/02/04 CITY OF MOUNDS VIEW WORKSESSION AGENDA MONDAY, February 4, 2002 6:00 PM CALL TO ORDER ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas Items Discussed Per Consensus _______ 1. Continued Discussion Regarding the Billboards Erected on Sysco Property By DeLite Outdoor Advertising – Ericson _______ 2. Review Proposed Changes to Chapter 607, Nuisances – Anderson _______ 3. Discussion Regarding Rental Property Licensing Requirements – Anderson _______ 4. Fire Dept’s Use of Banquet Center-Reed _______ 5. Discuss Charter Commission’s Correspondence Dated January 10, 2002 - Miller _______ 6. Review Festival Committee Agreement – Miller _______ 7. Legislative Issues-Miller City of Mounds View Item No: 2 Meeting Date: 2/4/02 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: Jeremiah Anderson, Housing/Code Enforcement Inspector Item Title/Subject: Proposed changes to Chapter 607, Nuisances Date of Report: December 17, 2001 Background: At the May 7, 2001 City Council work session meeting, staff presented proposed changes to the nuisance code for discussion. At the November 5, 2001 work session, this issue was discussed again. All proposed changes have been made in conjunction with these two discussions. Many of the proposed changes are for clarification purposes and to eliminate confusion. Additionally, legal council has explained that it is not necessary to include Minnesota Statutes verbatim within a city ordinance, however, staff feels that it is necessary to include the relevant Statutes within the ordinance because it may eliminate confusion when residents request a copy of the ordinance and notice many references to other state statutes. There are four areas within the Nuisance Code where the proposed changes would occur. The first area is in the beginning, Section 607.01, Definitions. Section 607.06, Outside parking and storage, is the next area that proposed changes would occur. A new Section 607.07, Vehicles Constituting a Public Nuisance, has been created. Lastly, the section titled Enforcement, has been updated and codified as Section 607.09 Discussion: The first area of proposed changes is in Section 607.01, Definitions. The changes to this section include adding the definitions that were stricken out in Section 607.06, Outside Parking and Storage. Other definitions from Section 607.06 Subd.5, Special Provisions have been added here and stricken out from that location. Having all the definitions in one place make the Chapter easier to understand and provides consistency. Of particular note is Subdivision. 10 of this Section, which lists the City of Mounds View definition of a motor vehicle, or vehicle. As you will notice, this definition includes any self-propelled device, which a person may be transported or drawn upon a highway, street, or body of water, or any device drawn by a self propelled vehicle. This would include automobiles, trucks, boats, ATV’S, snowmobiles, and trailers. However, small utility type trailers up to 3,000 lbs. are specifically excluded, as are manufactured homes, and any type of vehicle moved solely by human power. The next area of proposed changes is Section 607.06, Outside parking and storage. You will notice that the definitions in the beginning of this section have been deleted, as they were moved to Section 607.01. A change to this section worthy of discussion is Section 607.06 Subd. 2d. This section now clearly defines what a vehicle with a weight classification is. Staff felt “E” (6,001-9,000 lbs.) would represent a reasonable restriction in that certain model pickup trucks might weight in at 5,000 lbs. without cargo. Additionally, in order to provide a reasonable exception to the weight restriction for recreational vehicle owners, Subdivision c. was added to Section 607.06 Subd. 4, which specifically excludes recreational vehicles from the weight restrictions of Section 607.06 Subd. 2d and the rear axel design limitations of Section 607.06 Subd. 2e. However, recreational vehicles would still need to comply with all other outside parking and storage requirements. Section 607.07, Vehicles Constituting a Public Nuisance, is a Section that has had many changes. However, it is important to note that the proposed changes on this Section are only strengthening the existing impoundment procedures that have always been in place. This was accomplished by clearly following the procedures set forth in Minnesota Statutes. Specifically, Section 607.07 Subd. 3. defines the City’s authority to impound vehicles constituting a public nuisance and Subdivisions. 4-12 of this Section clearly explain the procedure for doing so. One area of Section 607.07 that staff would like to bring to the Council’s attention is Section 607.07 Subd. 8. You will notice that the registered owner of the impounded vehicle is responsible for any towing and storage fees and any administrative fees incurred by the City. Currently, the City’s fee schedule lists Public Nuisance as $100 and Junk Vehicles as $50. Staff feels that $50 would be an adequate amount of money to reimburse the City for the administrative costs associated with the impoundment of a vehicle. The last area of proposed changes occurs in Section 607.09, Enforcement. This section was formally numbered 607.08 and was changed due to the creation of a new Section 607.07. Several areas of Section 607.09 are important to note. The clarification of 607.09 Subdivision 2, provides for a formal notice to the person responsible, and the creation of 607.09 Subd. 3 describes the form of the notice of violation. 607.09 Subd. 4. explains in detail the proper method of service for the notice of violation. In addition, Section 607.09 Subd. 4b explains that an additional notice of violation is to be placed on a vehicle parked in violation of Section 607.07, Vehicles Constituting a Public Nuisance. Section 607.09 Subd. 7 has had changes proposed which would provide a cost recovery policy. Staff has proposed a fee of ten percent be imposed on all abatement charges, which would cover administrative costs. Additionally, Section 607.09 Subd. 8 City of Mounds View has changes proposed which would provide a formalized procedure for the certification and collection of costs as a special assessment. Lastly, the proposed changes in Section 607.09 Subd. 8 provide a formal procedure for the taxpayer of record to dispute such charges. Recommendation: Approve the proposed changes to Chapter 607, Nuisances, and direct staff to proceed with drafting an ordinance that reflects these changes and any changes that legal council may recommend. Jeremiah Anderson Housing/Code Enforcement Inspector Attachment: Revised Chapter 607, Nuisances City of Mounds View CHAPTER 607 NUISANCES1 SECTION: 607.01: Rules And Definitions 607.02: Nuisances Defined 607.03: Nuisances Enumerated 607.04: Special Provisions; Building Maintenance And Appearance 607.05: Cesspools Or Septic Tanks 607.06: Outside Parking And Storage 607.07: Noise Control Regulations Vechicles Constituting a Public Nuisance 607.08: Enforcement Noise Control Regulations 607.09: Enforcement 607.01: RULES AND DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them: 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. (Ord. 556, 3-20-95) 607.01 607.02 1 For offense provisions regarding similar subject matter, see Chapter 702 of this Code. City of Mounds View Subd. 6. FRONT YARD AREA: 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. Subd. 7. OCCUPANT: Any person living in or in control of any dwelling unit upon property wherein a public nuisance has been identified. Subd. 8. IMPROVED SURFACE: A driveway or parking area constructed of asphalt, concrete, brick or a parking area of gravel construction (according to Section 1121.09, subdivision 7 of this Code). (Ord. 620, 7-27-98) Subd. 9. IMPROVED SURFACE, PERMANENT: Permanent improved surfaces are those constructed of asphalt, concrete or brick. (Ord. 620, 7-27-98) Subd. 10. MOTOR VEHICLE OR VEHICLE: Any self-propelled device in, upon, or by which any person is or may be transported or drawn upon a highway, public street, or body of water. Includes any device drawn by a self propelled vehicle and vehicles which are propelled by electric power, including vehicles which obtain power from overhead trolley wires but are not operated upon rails. However, the following are specifically excluded: a. Trailers with weight classifications of A and B (0 – 1,500 lbs. and 1,501 – 3,000 lbs., respectively) as provided in Minnesota Statutes. (Ord. 620, 7-27-98) b. Manufactured, mobile, and trailer homes placed on a permanent pad located within a properly zoned manufactured home district that are used for continuous living quarters. c. Any vehicle moved solely by human power. Subd. 11. VITAL COMPONENT PARTS: 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. (Ord. 620, 7-27-98) Subd. 12. ABANDONED VEHICLE: A motor vehicle that has remained outdoors on property within the City for a period of more than 48 hours on public property or has remained for a period of more than 48 hours on private property without consent of the person in control of such property or in an inoperable condition, 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. A classic car or pioneer car, as defined in Minn. Stat. § 168.10 as amended, shall not be considered an abandoned motor vehicle within the meaning of this Section. Vehicles held under police authority or pursuant to a writ or court order are not abandoned vehicles. Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with Minn. Stat. § 161.242 as it may be amended, are not considered abandoned vehicles. Subd. 13. INOPERABLE CONDITION: The vehicle has no substantial potential use consistent City of Mounds View 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. 14. JUNK VEHICLE: A vehicle that is located outdoors on property in the city that meets any of the following: a. Any motor vehicle that is in inoperable condition. b. Any motor vehicle that is partially dismanteled. c. Any motor vehicle that lacks vital component parts. d. Any motor vehicle that is not currently registered and properly licensed for operation with and by the State of Minnesota. Subd. 15. UNSAFE MOTOR VEHICLE: Any vehicle located outdoors on any property or public street within the city in which any systems including braking, steering, suspension, electrical, lighting, motor, and drivetrain are not functioning or a vehicle that cannot legally be operated or is in violation of any state, federal or local vehicle equipment or safety regulation including, but not limited to Minn.Statutes. § 169.468 to 169.75 as amended. Subd. 16. MPCA or AGENCY: The Minnesota Pollution Control Agency. Subd. 17. DEPARTMENT: The Minnesota Department of Public Safety. Subd. 18. REGISTERED OWNER: Any person, firm, association, or corporation, other than a secured party, having title to a motor vehicle. If a vehicle is under lease for a term of 180 days or more, the lessee is the registered owner if the application for renewal of the registration is sent to the lessee. Subd. 19. GARAGEKEEPER: An operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance or motor vehicles. Subd. 20. UNAUTHORIZED VEHICLE: A vehicle that is subject to removal and impoundment pursuant to Section 607.07 Subd. 3 or Minn Stat § 169.041 as amended, but is not a junk vehicle or an abandoned vehicle. Subd. 21. LEGAL RESIDENT: A person who is in control of any dwelling or dwelling unit and said dwelling or dwelling unit is used for continuous living quarters. A person or occupant who receives U.S mail at said dwelling or dwelling unit shall also be a legal resident of said dwelling or dwelling unit City of Mounds View 607.02: NUISANCES DEFINED: A nuisance shall mean any act, substance, matter, emission or thing which creates a 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. 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 pubic 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; or Subd. 5. In any way renders the public insecure in life or in use of property. (Ord. 556, 3-20-95) 607.03: NUISANCES ENUMERATED: Subd. 1. Public Nuisances Affecting Health, Safety, Comfort Or Repose1: 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. 1 See also Section 607.07 of this Chapter for noise control regulations. City of Mounds View 607.03 607.03 (Rev. 4/97) e. Privy vaults, garbage cans and garbage receptacles 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 inches (8") in height, and other rank growths1, except as exempted in Section 606.02 of this Code. (Ord. 594, 4-14- 97) 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 2. 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. l. 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 maintenance and exterior maintenance. 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. 1 See also subdivision 1005.05.03 of this Code. 2 M.S.A. §145A.01 et seq.; see Title 500 of this Code for business and license regulations. City of Mounds View 607.03 607.03 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 Statutes. 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 place1. 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 obstructions2 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. c. The outside piling, storing or keeping of old machinery, junk, furniture, 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. 1 M.S.A. §340A.101 et seq.; see Chapters 501, 502 and 503 of this Code for liquor regulations. 2 See Chapter 1008 of this Code for signs and billboards; see also subdivision 607.03.3s of this Chapter and subdivision 1103.08.2 of this Code. City of Mounds View 607.03 607.03 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 two hundred forty (240) days after any disturbance to the property caused by construction, grading, or other activity; or any time prior to the two hundred forty (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 one hundred eighty (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 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. l. Any vehicle that deposits 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 ordinance1. 1 See Chapter 1002 of this Code for Fire Code. City of Mounds View 607.03 607.03 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 1. 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 ordinance2. 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 permit3. 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. 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 ordinance4. 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 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 5. 1 See Chapter 902 of this Code. 2 See Title 1100 of this Code for zoning regulations. 3 See Chapter 1008 of this Code for sign regulations. 4 See subdivision 909.07.16a of this Code. 5 See Chapter 907 of this Code for sewer use and service and Chapter 1302 of this Code for storm water drainage management regulations. City of Mounds View 607.03 607.04 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 rights of way except those which are in compliance with United States Postal Service requirements for location and type. (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. (Ord. 556, 3-20-95) 607.04: SPECIAL PROVISIONS; BUILDING MAINTENANCE AND APPEARANCE: Subd. 1. Declaration Of Nuisance: Buildings, 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. 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: (1) Any one (1) wall or other flat surface, or (2) All door and window moldings, eaves, gutters,and similar projections on any one side or surface. c. All wires which are strung less than fifteen feet (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. City of Mounds View 607.04 607.06 (Rev. 7/98) 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, antennas, 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. (Ord. 556, 3-20-95) 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. (Ord. 556, 3-3-20-95) 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. FRONT YARD AREA: 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. b. OCCUPANT: Any person living in or in control of any dwelling unit upon property wherein a motor vehicle is parked. c. IMPROVED SURFACE: An improved surface shall mean a driveway or parking area constructed of asphalt, concrete, brick or a parking area of gravel construction (according to Section 1121.09, subdivision 7 of this Code). (Ord. 620, 7-27-98) d. IMPROVED SURFACE, PERMANENT: Permanent improved surfaces are those constructed of asphalt, concrete or brick. (Ord. 620, 7-27-98) e. VEHICLE OR VEHICLES: Any vehicle as defined in Minnesota Statutes as “… every device in, upon, or by which any person or property is or may be transported or drawn upon a highway …” but excluding the following: (Ord. 620, 7-27-98) City of Mounds View 607.06 607.06 (Rev. 7/98) (1) Trailers with weight classifications of A and B (0 – 1,500 lbs. and 1,501 – 3,000 lbs., respectively) as provided in Minnesota Statutes. (Ord. 620, 7-27-98) (2) Snowmobiles, and (3) All-terrain vehicles as defined in Minnesota Statutes. f. VITAL COMPONENT PARTS: 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. (Ord. 620, 7-27-98) Subd. 2. 1. Declaration Of Nuisance: The outside parking and storage on residentially-zoned property of 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) introduces commercial advertising signs into areas 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. 2. 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 nonpermanent structures outside continuously for longer than twenty four (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 on any property within the City in residentially-zoned property unless it complies with the following requirements: (1) Vehicles which are parked or stored outside shall be parked upon an “improved surface" as defined in this Code. (Ord. 620, 7-27-98) (2) 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 gross weight classification higher than “E” (6,001-9,000 lbs) as identified on the license plate and specified in Minnesota Statutes, may cause or permit that vehicle to be parked outside or stand City of Mounds View continuously for more than two (2) hours on residential property or public street within a residential zone in the City. e. No person owning, driving or in charge of any vehicle with more than one rear axel chassis design may cause or permit that vehicle to be parked outside or stand continuously for more than two (2) hours on residential property or public street within a residential zone in the City City of Mounds View 607.06 607.06 (Rev. 7/98) Subd. 3. Any person who abandons a vehicle on any public or private property, without the consent of the person in control of the property is guilty of a misdemeanor. Subd. 4. Exceptions: The prohibitions of this Section 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 (2) hour limit shall be unlawful. c. Any recreational vehicle with a registered owner who is a legal resident of the property where said vehicle is parked or stored shall be specifically excluded from the requirements set forth in Subdivision 2d. and 2e. of this Section. Subd. 5. Special Provisions – Abandoned Or Inoperable Vehicles: a. Definitions: For purposes of this Section the following words shall have the meanings specified below: (1) ABANDONED VEHICLE: 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 such 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. (2) INOPERABLE CONDITION: 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. (3) JUNK VEHICLE: 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, dismantling 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 Chapter. City of Mounds View (4) MOTOR VEHICLE OR VEHICLE: Shall have the meaning contained in Minnesota Statutes. (5) VITAL COMPONENT PARTS: 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. Subd. 6. Vehicles constituting a Public Nuisance: a. Abandoned And Junk Vehicles: 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. Vehicles Stopped Or Standing: 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. Vehicles Blocking Access: 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 (12) 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. 607.07 Vehicles Constituting a Public Nuisance Subd. 7. 1. Abatement Of Vehicles: Findings and Purpose: a. Abandoned, Junk, and Unsafe vehicles constitute a hazard to the health and welfare of the citizens of the City of Mounds View in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, present physical dangers to the safety and well-being of children and other citizens, invite plundering, and create fire hazards. Motor vehicles contain fluids that if released into the environment can and do cause significant health risks to the citizens of Mounds View. The condition of vehicles that are abandoned, junk, or unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned, junk, or unsafe vehicles and other scrap metals also constitute a blight on the landscape of the City and therefore a detriment to the environment. The abandonment City of Mounds View and retirement of vehicles and other scrap metals constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned and junk vehicles and other scrap metals be eliminated, that future abandonment of vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed and that other acceptable and economically useful methods for the disposal of abandoned and junk vehicles and other forms of scrap metal be developed. Subd. 2. Abandoned, Junk, and Unsafe Vehicles: a. Abandoned, junk, and unsafe 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. No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise shall store or keep abandoned, junk, and unsafe motor vehicles on private or public property. c. Vehicles Stopped Or Standing: 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. d. Vehicles Blocking Access: 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 (12) hours in advance, is declared to be a public nuisance. Subd. 3. Authority to Impound Vehicles: a. Vehicles Constituting A Public Nuisance: The Clerk-Administrator, or his or her designee or any peace officer employed or whose services are contracted for by the City may take into custody and impound any vehicle constituting a public nuisance under Section 607.07 Subd. 2 of the City Municipal Code. b. Unauthorized vehicles: The Clerk-Administrator, or his or her designee or any peace officer employed or whose services are contracted for by the City may take into custody and impound any unauthorized vehicle under Minn. Stat. § 169.041, as amended. Subd 4. When a vehicle may be impounded without prior notice: a. A motor vehicle may be impounded with or without citation without giving notice to its owner only under the following circumstances: City of Mounds View (1) In a public location not governed by Minn. Stat. § 169.041, as amended: a. When the vehicle is impending or is likely to impede the normal flow of vehicular or pedestrian traffic; or b. When the vehicle poses an immediate danger to the public safety; or c. When the vehicle is parked in violation of snow emergency removal routes; or d. When a peace officer or other agent authorized by the City of Mounds View has probable cause to believe that the vehicle constitutes evidence of a crime, or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve evidence; or e. When the person driving, operating or in physical control of the vehicle is taken into custody and the vehicle is impounded for safe keeping; or f. When the vehicle is parked in a handicap transfer zone when said vehicle does not properly display a handicapped parking permit. g. When the vehicle is obstructing firefighting, or firefighting equipment. h. Nothing in this Section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. Subd. 5. When a vehicle may be impounded after notice: a. A vehicle not impounded under Section 607.07 Subd. 4. may be impounded after a notice of violation described in Section 607.09 Subd 3 has been served upon the owner of the property where the vehicle is located and an additional notice similar to that in Section 607.09 Subd. 4(b) is securely posted on the vehicle. Said vehicle shall not be impounded until a period of seventy two (72) hours has elapsed after the initial posting of the notice on the vehicle, excluding Saturdays, Sundays, and legal holidays for the following reasons: (1) When such vehicle, whether occupied or not, is found stopped, standing or parked in violation of any City ordinance. (2) When such vehicle is determined to constitute a public nuisance, as defined in Section 607.07 Subd. 2. Subd. 6. Sale; waiting periods: a. Sale after 15 days: An impounded vehicle is eligible for disposal or sale under Section City of Mounds View 607.07 Subd. 10, 15 days after notice to the owner, it the vehicle is deemed to be: (1) A junk vehicle, except that it may have a valid current registration plate and still be eligible for disposal or sale under this subdivision; or (2) An abandoned or unsafe vehicle. b. Sale after 45 Days: An impounded vehicle is eligible for disposal or sale under section 607.07 Subd. 10, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle. Subd. 7. Notice of Taking and Sale: a. Contents; notice given within five days: When an impounded vehicle is taken into custody, the City or impound lot operator taking it into custody shall give notice of the taking within five days. The notice shall: (1) Set forth the date and place of the taking; the year, make, model and serial number of the impounded motor vehicle if the information can be reasonably obtained; and the place where the vehicle is being held; (2) Inform the owner and any lienholders of their right to reclaim the vehicle under Section 607.07 Subd. 8; and (3) State that failure of the owner or leinholders to exercise their right to reclaim the vehicle and contents within the appropriate time allowed under 607.07 Subd. 6 shall be deemed a waiver by them of all right, title and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of the vehicle and contents pursuant to 607.07 Subd. 10. b. Notice by mail or publication: The notice shall be sent by mail to the registered owner, if any, of an impounded vehicle and to all readily identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy. c. Unauthorized vehicles; notice: If an unauthorized vehicle remains unclaimed 30 days from the date the notice was sent under Subdivison 7a. of this Section, a second notice shall be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. Subd. 8. Right to Reclaim: a. Payment of charges: The owner or any lienholder of an impounded vehicle shall have a right to reclaim the vehicle from the City or impound lot operator taking it into custody City of Mounds View upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 or 45 days as applicable under Section 607.07 Subd. 6, after the date of the notice required by Section 607.07 Subd 7. To reclaim a motor vehicle impounded pursuant to this ordinance, the owner or leinholder must pay any costs and administrative fees incurred by the City and must agree to relocate the vehicle in accordance with local, state, and federal regulations. The owner or leinholder reclaiming such vehicle shall sign a “Release of Property” and shall agree to immediate impoundment without notice if such vehicle again violates this Section. In addition, the City may require a bond to be posted if said vehicle has been subject to a prior impoundment. b. Lienholders: Nothing in this chapter shall be construed to impair any lien of a garagekeeper under the laws of this state, or the right of a lienholder to foreclose. For the purposes of this Section Subd. 9. Operators deficiency claim; consent to sale: a. Deficiency claim: The nonpublic impound lot operator has a deficiency claim against the registered owner of the vehicle for the reasonable costs of services provided the towing, storage and inspection of the vehicle minus the proceeds of the sale or auction. The claim for storage costs may not exceed the costs of: (1) 25 days storage for a vehicle described in Section 607.07 Subd. 6a.; and (2) 55 days storage for a vehicle described in Section 607.07 Subd. 6b. b. Implied consent to sale: A registered owner who fails to claim the impounded vehicle within the applicable period allowed under Section 607.07 Subd. 8 is deemed to waive any right to reclaim the vehicle and contents to the disposal or sale of the vehicle and its contents and transfer of title. Subd. 10. Disposition by impound lot.: a. Auction or sale: (1) If a vehicle and contents taken into custody by the City or any impound lot is not reclaimed under Section 607.07 Subd. 8, it may be disposed of or sold at auction or sale when eligible pursuant to Section 607.07 Subd. 9 and 607.07 Subd. 10. (2) The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check. b. Unsold vehicles: Vehicles not sold by the City or impound lot pursuant to City of Mounds View Subdivision a. of this Section shall be disposed of in accordance with Section 607.07 Subd. 11. c. Sale Proceeds, public entities: From the proceeds of the sale under this Section of vehicles constituting a public nuisance, the City shall reimburse itself for the cost of towing, preserving and storing the vehicle and all administrative, notice and publication costs incurred in handling the vehicle pursuant to this chapter. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled leinholder for 90 days and then shall be deposited in the treasury of the City. d. Sale proceeds, nonpublic impound lots: The operator of a nonpublic impound lot may retain any proceeds derived from a sale conducted under authority of Subdivision 10a. The operator may retain all proceeds from sale of personal belongings and contents in the vehicle that were not claimed by the owner or the owner’s agent before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate law enforcement agency. Subd. 11. Disposal Authority. a. The City may contract with others or may utilize its own equipment and personnel for the inventory of impounded motor vehicles and scrap metal and may utilize its own equipment and personnel for the collection, storage and transportation of these vehicles and scrap metal. The City may utilize its own equipment and personnel only for the collection and storage of not more than five abandoned, junk, unsafe or unauthorized vehicles without advertising or receiving bids in any 120-day period. Subd. 12. Contracts; Reimbursement by MPCA. a. MPCA review and approval: If the City proposes to enter into a contract with a person licensed by the MPCA pursuant to this Section or a contract pursuant to Section 607.07 Subd. 11., the MPCA may review the proposed contract before it is entered into by the City, to determine whether it conforms to the MPCA’s plan for solid waste management and is in compliance with MPCA rules. A contract that does so conform may be approved by the MPCA and entered into by the City. Where a contract has been approved, the MPCA may reimburse the City for costs incurred under the contract that have not been reimbursed under Section 607.07 Subd. 10. Except as otherwise provided in Section 607.07 Subd. 11, the MPCA shall not approve any contract that has been entered into without prior notice to and request for bids from all persons duly licensed by the MPCA to be a party to a disposal contract pursuant to Minn. Stat. § 116.07, as it may be amended from time to time; does not provide for a full performance bond; or does not provide for total collection or transportation of abandoned, junk, and unsafe motor vehicles, except that the MPCA may approve a contract covering soley collection or transportation of abandoned , junk, and unsafe motor vehicles where the MPCA determines total collection and transportation to be impractical and where all other requirements herein have been met and the unit of government, after proper notice and request for bids, has not received any bid for total collection and transportation of City of Mounds View abandoned, junk, and unsafe motor vehicles. b. If the City utilizes its own equipment and personnel pursuant to its authority under Section 607.07 Subd. 11, and the use of the equipment and personnel conforms to the MPCA’s plan for solid waste management and is in compliance with MPCA rules, the City may be reimbursed by the MPCA for reasonable costs incurred which are not reimbursed under Section 607.06 Subd. 10. c. If the MPCA demands that the City contract for the disposal of impounded vehicles and other scrap metal pursuant to the MPCA’s plan for solid waste disposal and the City fails to contract within 180 days of the demand, the MPCA, through the Department of Administration and on behalf of the City, may contract with any person duly licensed by the MPCA for the disposal. 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 Chapter shall be conducted in accordance with Minnesota Statutes, chapter 168B, governing the sale of abandoned motor vehicles. (Ord. 556, 3-20-95) 607.07: 607.08: 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: City of Mounds View 607.07 607.08 (Rev. 4/98) 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 may, or a designee, in case of emergency, grant permission to repair at any time when the Clerk-Administrator finds such repair work will not affect the health and safety of persons in the vicinity. b. Nighttime Noise In Residential Areas; Parties: (1) No person shall, between the hours of ten o'clock (10:00) P.M. and seven o’clock (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. (2) 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 facie evidence of a violation of this Section. (3) 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 are there for the sole purpose of abating the disturbance. (Ord. 556, 3-20-95) c. Stereos, Radios, Tape Players, Disc Players, Etc.: Operation of a stereo, radio, tape player, disc player, or any such device at anytime in a motor vehicle in such a manner as to be plainly available at a distance of fifty feet (50’) from the vehicle shall be prima facie evidence of a violation of this Section. (Ord. 612-, 4-13-98) 607.08: 607.09 ENFORCEMENT: Subd. 1. It shall be the duty of the City Council to enforce the provisions of this Chapter 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 Chapter shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. a. The Clerk-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. 2. Abatement: Notice to owner or to person or persons responsible: Whenever, in the City of Mounds View judgement of the officer charged with enforcement, it is determined upon investigation by the officer charged with enforcement that a public nuisance is being maintained or exists within the City, said officer a notice of violation shall be served upon the owner or the person or persons responsible therefore in the manner prescribed in Section 607.09 Subd. 3 and Subd. 4.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 thirty (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 (10) days before the date stated in the notice when the Council will consider the matter. If notice is given by posting, at least thirty (30) days shall elapse between the day of posting and the hearing. Subd. 3. Form: The notice of violation described in Section 607.09 Subd. 2. shall be in accordance with all of the following: a. Be in writing. b. Include a description of the real estate sufficient for identification. c. Include a statement of the violation or violations, and why the notice is being issued. d. Include a corrective order allowing a reasonable time to make the corrections and improvements required to bring the property or structure into compliance with the provisions of this Code. Subd. 4. Method of Service: Such notice of violation shall be properly served. a. Said notice of violation shall be deemed to be properly served if a copy thereof is: (1) Delevered personally, or; (2) Sent by first-class U.S mail addressed to the person listed as the taxpayer on the County's tax records, or; c.(3) Posted on the premises if the premises are not occupied, or the address of the owner is unknown and no other responsible party can be reasonably identified. b. When an enforcement officer shall find a vehicle parked in violation of Section 607.07 City of Mounds View said officer shall cause additional notice to be placed upon such vehicle in substantially the following form: (1) “NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, (setting forth brief description) is unlawfully upon property know as (setting forth brief description of location) and in violation of Section 607.07 of the Mounds View Code Municipal Code, and therefore is declared to constitute a public nuisance and must be removed within seventy-two hours (72) from the date of this notice. If this vehicle is not removed from the premises or placed in a lawful garage or storage building on or before (setting forth date and time) it shall be removed by order of the City of Mounds View. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcement officer).” (2) Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weather proof to withstand exposure to the elements Subd. 5. Abatement: Except for vehicles constituting a public nuisance, which shall follow the procedures set fourth in Section 607.07, all violations of this chapter may be corrected by abatement by the City at the expense of the property owner, occupant, or other responsible party following the procedures listed herein. a. If the owner, occupant or other responsible party does not comply with the notice of violation within the time specified therein, 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. b. The notice shall be served in the same manner as prescribed in Section 607.09 Subd. 4 and shall be given at least ten (10) days before the date stated in the notice when the Council will consider the matter. c. If the notice of violation was served by posting, at least thirty (30) days shall elapse between the day of posting and the hearing. Subd. 2. 6. Summary Abatement: The enforcing officer may provide for abating a public nuisance without following the procedure required in subdivision 1 5 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 d. 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 of the intended action and the attempt to notify inform 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 City of Mounds View scheduled City Council meeting. Subd. 3.7. 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 plus an additional 10% 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. a. Record of Abatement Costs: The Clerk-Administrator or his/her designee shall keep a record of the costs of abatements done under this ordinance and shall report monthly all work done to the appropriate officer for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved and the amount assessable to each. Subd 4. 8. Assessment: If the cost, or any portion of it, has not been paid under Subdivision 7 3, within thirty (30) days after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable. On or before September 1 of each year, the Clerk-Administrator or his/her designee shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are 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, however. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Section 429.101, as amended, and other pertinent statutes, for certification to the County Auditor for collection the following year along with current taxes 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 (10), as the City Council may determine in each case. Subd. 5.9. 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 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. Subd. 6.10. 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. (Ord. 556, 3-20-95) City of Mounds View Item No. 4 Meeting Date: February 4, 2002 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Givonna Reed, Assistant City Administrator Item Title/Subject: Fire Department’s Use of the Banquet Center Date of Report: January 31, 2002 Mr. Ed Lanz, a Prevention Specialist with the Spring Lake Park-Blaine-Mounds View Fire Department, has made a request to use the Banquet Center to hold a safety fair for senior citizens. The safety fair would serve approximately 100 seniors from Mounds View and the surrounding areas and would focus on issues such as driving safety, falls, fire safety and credit card safety. The safety fair will be held some time in mid April. Mr. Lanz is requesting use of the Banquet Center free of charge. If the Council grants this request, the City would have 9 “free banquet center days” remaining to be used at the Council’s discretion. Respectfully Submitted, Givonna Reed