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HomeMy WebLinkAbout9B - City Code Section 605 - Securing Vacant and Unoccupied Buildings MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JUNE 16, 2008 9B JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 605 OF THE CITY CODE TO INCLUDE PROVISIONS FOR SECURING VACANT AND UNOCCUPIED BUILDINGS Introduction The purpose of this agenda report is to consider an amendment to Section 605 of the City Code, establishing a process for securing vacant and unoccupied buildings in both emergency and non-emergency situations. Historv As a result of the sub-prime mortgage crisis and its fallout on the economy, there has been an increase in the number of mortgage foreclosures within the City and an increase in the number of vacant or abandoned properties. The City has received reports that some of these properties have been the targets of vandalism or theft. On May 5, 2008, the City Council received a report from the City Attorney outlining the authority and the process for securing vacant and unoccupied buildings. Minnesota Statutes 463.251 grants cities the authority to secure buildings that are vacant and unoccupied. The statute sets forth procedures for securing vacant buildings in both non-emergency and emergency situations. The City Attorney recommended City Code Section 605 be amended to include the language from the statute. On May 5, 2008, the City Council directed the staff to prepare an ordinance amendment (see attached minutes). Current Circumstances The attached ordinance amends Section 605 of the City Code to include a section which specifically addresses vacant buildings. The proposed Sections 605.700 through 605.703 address the following: 605.701: Defines "Secure" as including, but not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no- trespassing" signs, installing exterior lighting or motion-detecting lights, fencing the property, and installing a monitored alarm or other security system. 605.702: Sets forth the procedure for securing vacant and unoccupied buildings in a non-emergency situation. This procedure requires: 1. The City Council must adopt a resolution finding that the building is vacant and unoccupied, hazardous due to the fact that it is open to www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 trespass and has not been secured and could be made safe by securing it, and ordering that the building be secured. 2. Notice of the order to secure the building must be served on the owner of record of the premises or the owner's agent, the taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriffs certificate, and any neighborhood association for the neighborhood in which the building is located that has requested notice, by delivering or mailing a copy to the owner or agent, the identified taxpayer, the holder of the mortgage or sheriffs certificate, and the neighborhood association, at the last known address. Service by mail is complete upon mailing. 3. If, within six (6) days after the order is served, the owner of the building fails to either comply or to provide the City Council with a reasonable plan and schedule to comply with its order, the City Council may cause the building to be properly secured, and the cost of securing the building may be charged against the property. 605.703: Allows the City to secure a vacant and unoccupied building in emergency situations without the need to follow the procedure set forth in Section 605.702. The proposed amendment also includes some minor housekeeping changes. Conclusion The language of the proposed amendment is consistent with Minnesota Statutes. ISSUES: The proposed amendment codifies the City's express authority to secure vacant and unoccupied buildings. The need for such an amendment has intensified due to the increased number of foreclosures and the resulting vacant and abandoned buildings. The amendment will provide the City with the tools needed to protect the health, safety and welfare of the general population. FINANCIAL IMPACT: There is some cost involved in securing vacant and unoccupied buildings. However, both the City Code and Minnesota Statutes allow the City to assess this cost against the property. ALTERNATIVES: 1. Adopt the attached ordinance amending Section 605 of the City Code to include provisions for securing vacant and unoccupied buildings in both emergency and non-emergency situations. 2. Deny the ordinance and provide staff with specific direction. RECOMMENDED A motion and second adopting an ordinance amending Section 605 of the City MOTION: Code to Include Provisions for Securing Vacant and Unoccupied Buildings. ReVieWedv~ Frank Boyles, Ci~9 City Council Meeting Minutes May 5, 2008 leMair: Recalled that some overages were transferred into that fund. Boyles: Replied he will provide a more specific answer after research. Hedberg: Complimented Wolters on a job well done. Will support the change order. Millar: Concurred stating that Wolters definitely looked out for the City's interest. Erickson: Concurred stating that, based on observations of buildings in neighboring communities, full value was received for the cost. leMair: Noted he was part of the original selection process and is pleased that Wolters did everything as well as he said that he could bringing the project under budget with few change orders and the expenses saved paid for having an owner's representative. Haugen: Stated he also served on the committee that interviewed and chose Wolters and Wold Architect. Tremendous value was created over the past three years that will pay dividends for coming generations. MOTION BY LEMAIR, SECONDED BY HEDBERG TO APPROVE RESOLUTION 08-069 APPROVING CHANGE ORDER #7 FOR THE POLICE STATION I CITY HALL CONSTRUCTION PROJECT. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Wolters: Appreciated compliments and noted that this was a team effort and a great job in design, quality and cost. Consider Approval of a Report on Process for Securing Vacant Buildings. City Attorney Pace advised the Council that it has the authority to order vacant and abandoned buildings that meet criteria to be boarded by the owner. If the owner fails to respond to the order, the City may have the building boarded and assess the cost against the property. Explained that there is a separate process to follow for emergency situations that require immediate boarding, which would require adoption of an or- dinance as set out in State Statute. Recommends adopting amendment to the ordinance to provide for the abatement of public nuisances which unreasonably endangers the safety of the public. Comments: Millar: Asked if the City has a right to secure a building if an owner fails to secure it upon City request. Pace: Affirmed. Stated that an owner would have six days to secure it. Stated that the City needs an or- dinance in place in order to act quickly in the case of an emergency. Millar: Stated he would want it to be an emergency situation before the City went in. Hedberg: Clarified whether a non-emergency situation does not need an ordinance as it is already cov- ered under State Statute, but there is a process required of notifying and giving the owner a chance to remedy. Pace: Affirmed. Hedberg: Believes the City should take great care, but there may be circumstances where an emergency would occur and ordinance should be drafted to cover that. leMair: Believes there are circumstances in which homes have been abandoned and need to be secured. Will support. Erickson: Asked what the definition is of a vacant property stating there are different levels of vacancy such as homes for sale, or waiting between renters or away on vacation for several months. Pace: Replied that the Statute defines criteria that must exist before the Council can find a building vacant and abandoned. Erickson: Asked if a non-emergency situation would go before the Council. Pace: Affirmed. Erickson: Asks who determines whether action should be taken under an emergency situation. 9 City Council Meeting Minutes May 5, 2008 Pace: Replied that the Statute and ordinance would define process and authority. Haugen: Supports moving forward with an ordinance and stated he would like to know what the State Statute intends when it refers to the terms vacant or unoccupied. MOTION BY HEDBERG, SECONDED BY MILLAR TO ACCEPT THE AGENDA REPORT AND DIRECT STAFF TO PREPARE AN ORDINANCE AMENDING CITY CODE SECTION 605 TO EXPRESSLY PRO- VIDE FOR SECURING VACANT AND UNOCCUPIED BUILDINGS THAT PRESENT A HAZARD BE- CAUSE THEY ARE NOT SECURED, ADDRESSING BOTH EMERGENCY AND NON-EMERGENCY CIRCUMSTANCES. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Report Regarding A Plan and Process for Considering Modifications to the City's Noise Ordinance. City Manager Boyles presented a proposed process and timeline for amending the City's noise ordinance including a survey of neighboring community ordinances, conducting a survey to learn the kinds of noise the City would want to enact ordinance about, compilation of a report relaying the findings of the survey and possibly bring an ordinance amendment. Asked the Council for feedback about its primary area of concern whether residential, construction, traffic, etc., and the geographic areas to be included in the survey. Erickson: Believes the City needs to change its noise ordinance and recalled a resident addressing the Council about vehicle noise. Stated he cannot identify how to measure the noise, but ordinance does need changing. leMair: Stated this is a complicated issue which can affect different businesses in different ways. Need to look at cities that have ordinance that is working. Hedberg: Commented that this topic presented as a construction activities complaint. Standards may apply differently for private entertainment activities than for business activities. Believes the metropolitan communities should be surveyed, not just developing communities as the noise issues go beyond construc- tion. Expressed concern about the level of noise, but cannot answer whether it should be decibels or "throttle." Prohibiting construction activities wouldn't do as the ordinance would have to get at noise that isn't just equipment activities. Agreed the ordinance needs changing as the City's standards allow activities much later into the evening than is appropriate for residential neighborhoods. Millar: Noted that construction noise is repetitive for a number of days. Social functions may be one-time affairs and often have to apply for a permit. Believes the ordinance cannot be based on a decibel level as some noises are more pleasing to the ear and can operate at a higher level. An ordinance would have to be reasonable and consistent. Haugen: Agreed that staff should check with other communities to see if there are commonalities. MOTION BY LEMAIR, SECONDED BY MILLAR TO DO RESEARCH WITH A NUMBER OF COMMUNI- TIES AND BRING RECOMMENDATIONS FOR REVISED NOISE ORDINANCE. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of a Report Outlining a Process for Considering a Change in the Refuse Collec- tion System. Building and Transportation Services Director Kansier explained the process to follow if the City chooses to implement a organized collection system defined as a specific hauler or group of haulers au- thorized to collect solid waste in a specific area. Indicated that process would take 180 days to follow State Statute. Noted that establishing a particular day for pick up in a given area would not require that the proc- 10 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 108-xx AN ORDINANCE AMENDING SECTION 605 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 60S of the Prior Lake City Code is hereby amended to delete the section in its entirety and to add the following language: SUBSECTIONS: 605.100: 605.200: 605.300: 605.400: 605.500: 605.600: 605.700: 605.800: 605.900: 605.1000: 605.100: 605.200: SECTION 60S PUBLIC NUISANCES PUBLIC NUISANCE DEFINED SPECIFIC CONDITIONS AND ACTIVITIES PERMITTING NUISANCES TO EXIST NOTICE TO ABATE POSTING PLACARD AND DANGEROUS BUILDING ABATEMENT BY CITY SECURING VACANT BUILDINGS RIGHT OF ENTRY COLLECTION OF ABATEMENT COSTS ENFORCEMENT AND ENFORCEMENT PENALTIES PUBLIC NUISANCE DEFINED: Any condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public, or interferes with, obstructs, or renders dangerous for passage, any public highway or right of way, or waters used by the public is a public nuisance. SPECIFIC CONDITIONS AND ACTIVITIES: The following conditions are public nuisances whenever they may be found within the City: (1) Any weeds, dirt or rubbish, or any will, offal, garbage (except in authorized containers), ashes, manure, yard cleanings, dead animals, or any other foul or unhealthy material; (2) Fallen trees, fallen tree limbs, dead trees and dead tree limbs which in the opinion of authorized enforcement officers constitute a health, safety or fire hazard or threaten the public welfare; r:\council\2008 agenda reports\06 16 08\oniI\.O~Qfqnrl~m Phone 952.447.9800 / Fax 952.447.4245 (3) Any sewer, private drain, sinkpool, cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, skin, carcass, garbage, stagnant water, vegetable matter, rodents or any other substance that is offensive, nauseous, dangerous or uncomfortable to any person or to the neighborhood. (4) Failure to promptly pay any and all false alarm penalties as defined in Section 806.300 of the Prior Lake City Code. 60S.201 Anyone carrying on or working in any trade or employment which shall be dangerous to the public health, hurtful to the inhabitants of the City or injurious to neighboring property or from which noisome odors arise shall be guilty of a violation of this Section if such person fails to cease and desist from such trade or employment within forty eight (48) hours from the time the City Manager, or authorized designees gives notice to such person to cease and desist. 605.300: PERMITTING NUISANCE To EXIST: It is unlawful for any person to permit any public nuisance to remain on any premises owned or controlled by such person within the City. Such nuisances may be abated by the City in the manner prescribed by this Section. 605.400: NOTICE To ABATE: When there exists on private property a condition which is in violation of this Section, the City Manager, or authorized designees shall cause a notice to abate such nuisance to be served personally upon the owner of said premises, his agent, or the occupant of the premises, if the name of such person can be readily ascertained. Such notice may be served by mail in all cases where such owner, agent or occupant is not in the City or cannot be found therein, and if his post office address is known. Such notice shall designate therein the time after the service, or the mailing, or the posting of said notice, which the City considers a reasonable time for the abatement or removal of said nuisance. 605.500: POSTING PLACARD ON DANGEROUS BUILDING: When a nuisance shall be such as to render the occupancy of any building or premises within the City dangerous or unhealthy, the City Manager or authorized designees shall cause to be placed upon such building or premises a placard warning the public that such building or premises are unhealthy and should not be occupied until placed in a sanitary condition. Such placard shall be placed upon such building in cases where the nuisance is not abated within thirty six (36) hours after written notice to the owner or agent of such building or premises to abate such nuisance. 605.600: ABATEMENT By CITY: If, at the end of the period fixed for the abatement or removal of a public nuisance, the nuisance has not been abated or removed by the owner, agent or occupant, the City may cause the same to be abated or removed in any manner deemed appropriate. r:\council\2008 agenda reports\06 16 08\ord108-xx - ord 605.doc 2 605.700: SECURING VACANT BUILDINGS: Minnesota Statutes 463.251 grants cities the authority to secure buildings that are vacant and unoccupied. That statute sets forth procedures for securing vacant buildings in: (1) non-emergency and (2) emergency situations. 605.701: Secure Defined: "Secure" may include, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no-trespassing" signs, installing exterior lighting or motion- detecting lights, fencing the property, and installing a monitored alarm or other security system. 605.702: Securing Vacant Buildings, Non-Emergency Situation: If a building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the City Council may order the building secured. In order to secure such a building, the City must follow the procedure outlined below: (1) The City Council must adopt a resolution: a. Finding the building is: ~ vacant and unoccupied, ~ hazardous due to the fact it is open to trespass and has not been secured and ~ could be made safe by securing it, and b. Ordering the building be secured. (2) Notice of the order to secure the building must be served on the owner of record of the premises or the owner's agent, the taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and any neighborhood association for the neighborhood in which the building is located that has requested notice, by delivering or mailing a copy to the owner or agent, the identified taxpayer, the holder of the mortgage or sheriff's certificate, and the neighborhood association, at the last known address. Service by mail is complete upon mailing. (3) If, within six (6) days after the order is served, the owner of the building fails to either comply or to provide the City Council with a reasonable plan and schedule to comply with its order, the City Council may cause the building to be properly secured, and the cost of securing the building may be charged against the property, according to the procedure outlined in Section 605.900. 605.703: Securing Vacant Buildings, Emergency Situation: If a building becomes vacant or unoccupied and is deemed by the City Manager or authorized designees to present an immediate danger to the health and safety of persons in the community, the City Manager or authorized designees may order the vacant building be immediately secured, without following the procedure outlined in Section 605.702. The cost of securing the building r:\council\2008 agenda reports\06 16 08\ord108-xx - ord 605.doc 3 may be charged against the property, according to the procedure outlined in Section 605.900. 605.800: RIGHT OF ENTRY: The City Manager or authorized designees shall enforce the provisions of this Section, and for the purposes of enforcing the same, or satisfying themselves whether there has been any violation thereof, they shall, where they may have reasonable cause to believe that this Section has been violated, enter upon any premises whatsoever and make reasonable search and examination after the existence or presence upon such premises of a public nuisance. No person shall resist, oppose or obstruct officers in any manner in the enforcement of this Section. 605.900: COLLECTION OF ABATEMENT COSTS: All costs incurred by the City for the securing of a vacant building and for the abatement and removal of a public nuisance upon privately owned property shall be assessed, levied and collected as a special assessment payable in one sum against such premises, in the manner provided by the law for the levy and collection of other special assessments. 605.1000: ENFORCEMENT AND ENFORCEMENT PENALTIES: In enforcing the provision of this Section, the City Manager, or authorized designees shall have the power to issue citations for violation of this Section. In addition, any violation of this Section may be enjoined by the City Council through proper legal channels. Any person, firm, partnership or corporation who violates this Section shall be guilty of a misdemeanor and upon conviction thereof, be punished in accordance with the penalties established by Minnesota Statutes. Each day a violation is permitted to exist shall constitute a separate offense. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 16th day of June, 2008. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of June, 2008. Drafted By: Prior Lake Building and Transportation Services Department 4646 Dakota Street SE Prior Lake, MN 55372 r:\council\2008 agenda reports\06 16 08\ord108-xx - ord 605.doc 4