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Home My WebLink About108-03 Amend 605 Public Nuisance 4646 Dakota Street S.E. Prior Lake, MN 55372-17~~___________~~~__~. CITY OF PRIOR LAKE ORDINANCE NO.1 08-03 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 605 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 605 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; _OJ~Q.um:jJ1oI.diJlc;nc-\40_Q8i1011..:..0-3.JLaCaJ1L~dYng~ft'&JI11 ior lake.coIll 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. 605.201 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. m:\council\ordinanc\2008\108-03 vacant building.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 m:\council\ordinanc\2008\108-03 vacant building.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: c~ ~ MU~. ~ Published in the Prior Lake American on the 21st day of June, 2008. m:\council\ordinanc\2008\108-03 vacant building.doc 4 CITY OF PRIOR LAKE ORDINANCE NO. 108-03 AN ORDINANCE AMENDING SECTION 605 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 605 of the Prior Lake City Code is hereby amended to de- lete the section in its entirety and to add the following language: SECTION 605 PUBLIC NUISANCES Subsections: 605.100: Public Nuisance Defined 605.200: Specific Conditions and Activi- ties 605.300: Permitting Nuisances to Exist 605.400 : Notice to Abate 605.500: Posting Placard and Dangerous Building 605.600: Abatement by City 605.700: Securing Vacant Buildings 605.800: Right of Entry 605.900: Collection of Abatement Costs 605.1000: Enforcement and Enforcement Penalties 605.100: Public Nuisance De- fined: Any condition which un- reasonably annoys, injures or en- dangers the safety, health, morals, comfort, or repose of any consider- able number of members ofthe pub- lic, 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. 605.200: 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, ma. nure, yard c1eanings, dead animals, or any other foul or unhealthy mate- rial' . '(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; (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 uncomfort- able to any person or to the neighbor- hood. (4) Failure to promptly pay any and all false alarm penalties as defined in Section 806.300 of the Prior Lake City Code. 605.201 Anyone carrying on or working in any trade or employment which shall be dangerous to the pub. lic health, hurtful to the inhabitants of the City or injurious to neighbor- ing property or from which noisome odors arise shall be guilty of a viola- tion 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 desig- nees gives notice to such person to cease and desist. 605.300: Permitting Nuisance To Exist: It is unlawful for any per- son 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 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent ofthe publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33lA02, 33lA07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 71$(5 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz ~ ' /'fjl I y: IUj)'Ui!... fA: ~utmJWVtu Laurie A. Hartmann Subscribed and sworn before me on ?J~ lhU1 fui, Lday of ~ 2008 pt{_/;L~~t_?J' Notary Public ( GWEN M. RADUENZ NOTARY PUBUC - MiNNESOTA My Commission Expires Jan. 31, 2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.............................................. $12.19 per column inch