HomeMy WebLinkAbout1977.05.02 ORD 1977-142 ORDINANCE NO. 1977-142
AN ORDINANCE AMENDING CHAPTER 110 OF THE HUGO CITY CODE, ENTITLED,
"FIRE PREVENTION & PROTECTION" TO PROVIDE FOR THE ESTABLISMENT OF
THE POSITION OF CITY FIRE REVIEWER, ESTABLISH APPLICATION AND
PERMIT REQUIREMENTS FOR OPEN BURNING AND TO PROVIDE FOR THE
COLLECTION OF FEES FOR ISSUANCE OF BURNING PERMITS.
The City Council of the City of Hugo, Washington County,
Minnesota, hereby ordains:
1. In Section 110-16, entitled, "ADOPTION OF OPEN
BURNING RESTRICTION" in the third line after
"Agency, " insert the following -
"and regulations amendatory thereof, "
2. In Section 110-20, entitled, "OPEN BURNING
PROHIBITED" in the third line after "Agency"
insert the following -
"and as may be permitted by the terms of an
Open Burning Permit that may be issued subject
to the provisions of this Ordinance. "
3. Add Section 110-21 as follows -
"100-21. CITY FIRE REVIEWER. The position of
City Fire Reviewer is hereby established and
the City Council is authorized to appoint an
individual to serve in the capacity of City
Fire Reviewer.
Subd. A. QUALIFICATIONS. The City Fire Reviewer
shall be qualified to review applications , inspect
locations, examine and evaluate materials proposed
to be burned together with the surrounding area,
and to coordinate with the City Fire Department
and the Minnesota Pollution Control Agency. The
position of City Fire Reviewer may not be filled
by a member of the City Council.
Subd. B. FILING NOTICE OF APPOINTMENT. Notice
of the name and qualifications of the appointee
shall be filed with the Minnesota Pollution
Control Agency, the City Fire Chief, and the
City Police Chief.
Subd. C. DURATION OF APPOINTMENT. The term of
appointment shall not exceed one (1) year, and
shall expire automatically one (1) year after the
date of appointment, unless specified to sooner
expire at the time of appointment.
Subd. C. REMUNERATION. The remuneration of the
City Fire Reviewer shall be established by Resolution
of the City Council for appointees not otherwise in
the employ of the City. In the event a City employee
is appointed to serve as City Fire Reviewer,
remuneration will be in accordance with the pay
scale of the appointed employee. "
4. Add Section 110-22 as follows -
"110-22. FEES. Fees for the filing of an application
for Burning Permit and the issuance of the Burning
Permit shall be separately established by Resolution
of the City Council. Fees may be waived or reduced
by express action of the City Council upon request
of the applicant and a showing of undue hardship. "
5. Add Section 110-23 as follows -
"110-23. APPLICATION FOR OPEN BURNING PERMIT.
Every person, firm or corporation desiring to
engage in open burning shall make application
with the City Clerk on forms supplied by the City
for a Permit for Open Burning. The application
shall include all information requested and shall
specify the materials to be burned, the location
of the proposed burning, and a fourteen (14) day
period during which burning is requested to be
accomplished. The applicant shall pay the required
application fee, which shall be non-refundable,
at the time of making application. "
6. Add Section 110-24 as follows -
"110-24 . APPLICATION REVIEW. Upon receipt of a
complete application and the application fee, the
City Clerk shall notify the City Fire Reviewer,
who shall then inspect the site and materials to
insure a. conformity of the proposed burning with
City and State Fire Regulations; b. that the burning
can be accomplished with reasonable safety to the
applicant and the community at large; c. that the
requested burning can be accomplished within the
time period requested in the application, and to
specify the number of separate fires required;
d. that the restrictions necessary for safety and
conformity to regulations are specifically enumerated;
e. that a record of all previous violations of
burning requirements are made a part of the
application.
7. Add Section 110-25 as follows -
"110-25. APPLICATION FILING. After having reviewed
the application and inspected the site as required
in this chapter, the City Fire Reviewer shall file
the completed application for Open Burning Permit,
together with all restrictions recommended, with the
City Clerk. The City Clerk shall forward the
application for Open Burning Permit, together with
all restrictions recommended, to the Enforcement
Section of the Minnesota Pollution Control Agency. "
8. Add Section 110-26 as follows -
"110-26. BURNING PERMIT ISSUANCE. The Minnesota
Pollution Control Agency, or if so delegated, the
City Fire Reviewer, shall ascertain the suitability
of the open burning request; and, if appropriate,
cause the burning permit to be issued. "
9. Add Section 110-27 as follows -
"110-27. NOTICE OF ISSUANCE OF OPEN BURNING PERMIT.
Copies of the Opening Burning Permit shall be
forwarded to the City Fire Chief and the City Police
Chief prior to notification of approval to applicant.
The Fire Chief shall notify the City Fire Reviewer
and the applicant that the Open Burning Permit will
be issued upon payment to the City Clerk of the
designated burning permit fee. "
10. Add Section 110-28 as follows -
"110-28 . SCHEDULING OF OPEN BURNING. The applicant
shall notify and obtain approval of the City Fire
Chief for specific date and time of the burning
authorized in the Open Burning Permit. The Fire
Chief may require the applicant to alter the date
and time of burning; provided, however, that no
alteration beyond the terms of the permit may be
required. The applicant may consult with the Fire
Chief to set the time for burning at the maximum
convenience of the City Fire Department. Should
natural conditions make it undesirable to exercise
the requested burning within the time period
allocated, the Fire Chief shall recommend an
extension of the Open Burning Permit period
pursuant to the terms of Section 110-31. The
applicant shall cause the burning to occur at
the time approved by the Fire Chief. "
11. Add Section 110-29 as follows -
"110-29. SUPERVISION. The applicant shall maintain
or cause to be maintained, a constant, immediate
supervision of the site for the duration of the fire. "
12. Add Section 110-30 as follows -
"110-30. SITE INSPECTION. The applicant shall
notify the City Fire Reviewer of the completion
of the open burning, and within five (5) days
after the burning is accomplished, the Fire Reviewer
shall inspect the site to insure compliance with
the terms of the Open Burning Permit, and that no
additional hazard exists. The City Fire Reviewer
shall file a report with the City Clerk and the
City Fire Chief of the results of the site inspection. "
13 . Add Section 110-31 as follows -
"110-31. TIME EXTENSIONS. Should all outdoor burning
be temporarily prohibited by the City or other
governmental agencies of competent jurisdiction, or
should the applicant be prohibited from exercising
his Open Burning Permit due to adverse natural
conditions, an extension of the Open Burning Permit
period of fourteen (14) days beyond the termination
of the prohibition condition may be granted by the
City Fire Reviewer. Should a period of more than
thirty (30) days elapse between the end of the
original permit period and an extension granted
pursuant hereto, the City Fire Reviewer shall re-
inspect the site and materials to insure that the
conditions remain substantially the same and the
continued validity of the requirements of the
original application. The City Fire Reviewer shall
notify the Minnesota Pollution Control Agency, the
City Fire Chief, and the Police Chief of the dates
to which the Open Burning Permit is extended hereunder. "
14 . Add Section 110-32 as follows -
"110-32. EFFECTIVE DATE. This Ordinance shall be
effective from and after its adoption and publication
as required by law, and the appropriate sections of
the Hugo City Code shall be brought into conformity
herewith upon this Ordinance becoming effective. "
ti
ADOPTED AND PASSED THIS DAY OF /tm-y ,
1977 .
ATTEST: //l,Cut Jc-,4,01k i
utn,c4 wuRQ.Q t,a411,, MAYOR
CITY CLERK
Published in the Forest Lake Times on the fidday of /97 7
1977.
' i
---,— ORDINANCE NO.1e,,,-142
. \N ORDINANCE AMENDING,
ODE.ER OF THE U CITY STATE OF MINNESOTA
('UDE, ENTITLED, "FIREEPREVEN-
'f.ON&PROTECTION"TO PROVIDE SS
FOR THE ESTABLISHMENT OF THE
POSITION OF CITY FIRE COUNTY OF Washington
REVIEWER, ESTABLISH APPLICA •
-
TION AND PERMIT REQUIREMENTS Duane A.Rasmussen,being duly sworn,on oath says he is and during all the times herein stated has been the publisher
FOR OPEN BURNING AND TO PRO- and printer of the newspaper known as the Forest Lake Times and has full knowledge of the facts herein stated as follows:
VIDE FOR THE COLLECTION OF
FEES FOR ISSUANCE OF BURNING Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed
PERMITS. space to at least 900 squre inches.Said newspaper is a weekly and is distributed at least once each week.Said newspaper
The City Council of the City of Hugo, has 50%of its news columns devoted to news of local interest to the community which it purports to serve and does not
Washington County. Minnesota, hereby wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements.Said news-
ordains:
I. In Section 110-16,entitled,"ADOP- paper is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to
'PION OF OPEN BURNING RESTRIC-' paying subscribers,has an average of at least 75%of its total circulation currently paid or no more than three months in
'PION"in the third line after"Agency, arrears and has entry as second-class matter in its local post-office.Said newspaper purports to serve the City of Forest
insert the following- Lake in the County of Washington and it has its known office of issue in the City of Forest Lake in said county,established
"and regulations amendatory and open during its regular business hours for the gathering of news,sale of advertisements and sale of subscriptions and
i hereof," maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control dur-
2. In Section 110-20. entitled, "OPEN ing all such regular business hours and at which said newspaper is printed. Said newspaper files a copy of each issue im-
BURNING PROHIBITED" in the third . mediately with the State Historical Society.Said newspaper is made available at single or subscription prices to any per-
line after"Agency"insert the following- son,corporation,partnershipor other unincorporated association requesting the newspaper and makingthe applicable
••and as may be permited by the terms P P q g
of an Open Burning Permit that may be payment.Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of
issued subject to the provisions of this publication mentioned below.Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,1966
)rclin nee." and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing of-
3.Add Section 110-21 as follows- ficer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper.
"100-21.CITY FIRE REVIEWER.The
position of City Fire Reviewer is hereby Public Notice
established and the City Council.is He further states on oath that the printed hereto attached
authorized to appoint an individual to
serve till tike capacity of City Fire
Rcviesvet'.t",'m •-' - as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English
Suhd.`A.QUALIFICATIONS.The City'
Fire Reviewer.shall be qualified: to
eview applications, inspect locations, lanuage,once each week,for One successive weeks; that it was first so published on Thursday,
rexamine anti evaluate materials pro-
1
posed to he burned together With the sur-- the 6th day of June !g (7 and was thereafter printed and published on every
rounding area. and to coordinate with
the City Fire Department and the Min-
nesota Pollution Control Agency. The Thursday to and including the 16th day of June 19 7
7
position of City Fire Reviewer may not
be filled by a member of the City Coun-
cil and that the following is a printed copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged
Suhd. B. FILING NOTICE OF AP- as being the size and kind of type used in the composition and publication of said notice,to wit:
('OINTMENT. Notice of the name and
qualifications of the appointee shall he 6-point News Type--abcdefghijklmnopgrstuvwxyz
filed with the Minnesota Pollution
Control Agency, the City Fire Chief, :j alitiit.MASiAA} kp XGiiiiiiihM6lUttiiiidca
and the City e Chief. A ' /'�
$ubd. C. DURATION of APPOINT-
MENT. The term of appointment shall �(/�Q✓ti4/
0-0-00,----i-4-J
not exceed one(1 I year,and shall expire
automatically one 11)year after the date
of appointment, unless specified to Subscribed and sworn to fore me this 1 6 th day of June 19 77
sooner expire at the time of appoint-
! mens.
Subd. C. REMUNERATION. The l 1.A),,,,e-IA-
remuneration of the City-Fire Reviewer i d1""�
shall he established by Resolution of the S
City Council for appointees not other- pRViS ((
wise in the employ of the City. In the o,-> , KENNETH J
event a City employee is appointed to Notary , .006tt4l�IYnneso��
serve as City Fire Reviewer,remunera- —n rC „.,,aEs0
tion will be in accordance with the pay (MOTORIAL SEAL) My Com i!• , , phtaTAR' - >ia a Vat
scale of the appointed employee."
c410N F-%P1HE..ncP.•
•
4.Add Section 110-22 as follows-
"110-22.FEES.Fees for the filing of an — 10.Add Section 110-28 as follows-
application for Burning Permit and the — "110-28. SCHEDULING OF OPEN
issuance of the Burning Permit shall be BURNING. The applicant shall notify
separately established by Resolution of and obtain approval of the City Fire
the City Council.Fees may be waived or Chief for specific date and time of the
reduced by express action of the City burning authorized in the Open Burning
Council upon request of the applicant Permit.The Fire Chief may require the
and a showing of undue hardship.' applicant to alter the date and time of
5.Add Section 110-23 as follows- burning: provided, however, that no
"110-23. APPLICATION FOR OPEN alteration beyond the terms of the per-
BURNING PERMIT. Every person, mit may he required.The applicant may
firm or corporation desiring to engage in consult with the Fire Chief to set the •
open burning shall make application time for burning at the maximum conve- r rlllters Affidavit
with the City Clerk on forms supplies by nience of the City Fire Department. al L til l it ►7
the City for a Permit for Open Burning. Should natural conditions make it under-
The application shall include all infor- sirable to exercise the requested burning
motion requested and shall specify the within the time period allocated, the • •
materials to he burned,the location of Fire Chief shall recommend and exten- of PubhCatlon
the proposed burning, and a fourteen sion of the Open Burning Permit period
(14)day period during which burning is pursuant to the terms of Section 110-31.
requested to he accomplished.The appli- The applicant shall cause the burning to
cant shall pay the required application occur at the time approved by the Fire
fee, which shall he non-refundable, at Chief."
the time of making application." 11.Add Section 110-29 as follows-
6.Add Section 110-24 as follows- "110-29. SUPERVISION. The appli-
"110-24. APPLICATION REVIEW. cant shall maintain or cause to be main-
County
Upon receipt of a complete application 'tained, a constant,immediate supervi- Y of Washington
and the application fee, the City Clerk sion of the site for the duration of the
shall notify the City Fire Reviewer,who 12.Add OF MINNESOTA
shall then inspect the site and materials 12.Add Section 110-30 as follows-
to insure a. conformity of the proposed "113-30. SITE INSPECTION.The ap-
burning with City and Slate Fire Regula- plicant shall notify the City Fire
tions: h. that the burning can be ac- Reviewer of the completion of the open
complished with reasonable safety to the burning,and within five (5)days after
applicant and the community at large; the burning is accomplished, the Fire
c.that the requested burning can he ac- Reviewer shall inspect the site to insure
complished within the time period re- compliance with the terms of the Open I.
quested in the applicallon,and to specify Burning Permit,and that no additional
the number of separate fires required: hazard exists, The City Fire Reviewer
d. that the restrictions necessary for shall file a report with the City Clerk and
safety and conformity to regulations are the City Fire Chief of the results of the
•specifically enumerated: e. that a site inspection."
record of all previous violations of burn- 13.Add Sect ion 110-31 as follows-
ing requirements are made a part of the "110-31.TIME EXTENSIONS.Should
application. outdoor burning he temporarily
7.Add Section 110-25 as follows- "by the City or other govern-
''110-25.'APPLICATION FILING. - •^nt jurisdic-
After having reviewed the application •t be
and inspected the site as required in this 1
chapter, the City Fire Reviewer shall ween the end of the original permit
file the completed application for Open period and an extension granted pur-
Rurning Permit, together with all suani hereto, the City Fire Reviewer
restrictions recommended,with the City shall reinspect the site and materials to
Clerk.The City Clerk shall forward the insure that the conditions remain subs-
application for Open Burning Permit, lamially the same and the continued
together with all restrictions recom- validity of the requirements of the origi-
mended,u)the Enforcement Section of nal application.The City Fire Reviewer t'
the Minnesota Pollution Control Agen-, shall notify the Minnesota Pollution Con-
the
Agency,the City Fire Chief,and the
8.Add Section 110.26 as follows- Police Chief of the dates to which the Akd this day of
"110-26. BURNING PERMIT IS- Open Burning Permit is extended'
SUANCE"The Minnesota Pollution Con-
hereunder." ,
trol Agency,or if so delegated,the City
14.Add Section 110.32 as follows-
Fire Reviewer, shall ascertain the "110-32.EFFECTIVE DATE.This Or-
suitability of the open burning request: dinance shall he effective from and after A.D. 19 .
and, if appropriate, cause the burning its adoption and publication as required A
permit to be issued." by law,and the appropriate sections of
9.Add Section 110-27 as follows• the Hugo City Code shall he brought into
"110-27. NOTICE OF ISSUANCE OF conformity herewith upon this Ordi-
OPEN BURNING PERMIT. Copies of nance becoming effective."
the Opening Burning Permit shall be for- ADOPTED ANTI PASSED THIS 2
warded to the City Fire Chief and the DAY.OF MAY,1977.
City Police Chief prior to notification of s Marvin LaValle
approval to applicant. The Fire Chief Mayor
shall notify the City Fire Reviewer and ATTEST:
the applicant that the Open Burning Per- s Carol A.Williams
mit will he issued upon payment to the CITY CLERK
City Clerk of the designated burning per-
mit fee." a(Published in the Forest Lake Times on {
June 16,1977)
r