HomeMy WebLinkAbout9B - Property Maintenance Ordinance
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
AUGUST 3, 2009
9B
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES
DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 109.XX ADDING SECTION 609
TO THE PRIOR LAKE CITY CODE ENTITLED PROPERTY MAINTENANCE
ORDINANCE
Introduction
The purpose of this agenda report is to review the final draft of the property
maintenance ordinance. The ordinance has been revised to reflect the
discussion at the July 20,2009, City Council meeting.
Histo"l
Early in 2009, the City Council considered the idea of a rental property
registration ordinance. On March 16, 2009, the Council rejected the need for a
rental ordinance, and directed staff to prepare a draft property maintenance
ordinance addressing cosmetic and exterior maintenance issues. The motion
specifically directed staff to prepare "a property maintenance ordinance which
would apply to all properties." A copy of the minutes of the March 16, 2009,
meeting is attached for your information.
On July 20, 2009, the City Council considered a draft property maintenance
ordinance. The Council directed staff to revise the ordinance and bring it to
the August 3rd meeting for consideration.
Current Circumstances
The Council specifically directed staff to revise the following issues:
1. Remove the reference to weathered or unmaintained lawn ornaments
and out-of-season decorations (section 609.306).
This section has been deleted.
2. Review the construction completion timelines for length of times,
values, and what other communities are requiring.
The staff reviewed this section and initially increased the
timelines based on building values. However, while researching
the issue, we learned of recent lawsuits on this very point. The
Supreme Court has ruled the City ordinance may not supersede
the provisions of the State Building Code. In this case, the
Building Code requires an applicant commence work within 180
days of receiving a permit, and may not abandon work for a period
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ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
Reviewed by:
of 180 days. In light of this information, the staff has removed this
section from the ordinance. The staff did include a section on
completion of demolition work. This timeline is not covered under
the Building Code.
3. Include a time frame which would allow more than four cars to be
parked outside.
The staff added language clarifying that not more than four
currently licensed and operable vehicles, including trailers and
other recreational vehicles, may be parked or stored on property
outside a structure on residential lots in the R-1 and R-2 Districts
for more than forty-eight (48) hours.
The proposed ordinance also includes language deleting Sections 603
(Weeds) and 604 (Firewood) of the City Code. These sections have been
incorporated into Section 609.
The staff believes the proposed ordinance is consistent with the City Council's
direction. The main issue is whether or not the Council feels this ordinance
should move forward. From a staff perspective, these additions to the
ordinance will be helpful in our day to day enforcement efforts. Many of the
provisions of the proposed ordinance are derived from complaints we have or
are investigating and have been unable to resolve because the current
ordinance does not provide an effective standard for enforcement. For
example the current ordinance does not address how many cars may be kept
in a driveway or the time limit for completing demolition work.
Since we already receive complaints on most of the listed issues, we do not
expect to see an increase in the initial inspection activity. Additional staff time
will be devoted to follow-up on the violations. However, at this time we do not
see a need for any additional staff as a result of this ordinance. There may be
additional expenses if we are forced to take legal action against property
owners who refuse to comply with the ordinance.
1. Adopt Ordinance 109-XX amending the City Code to include Section 609
(Property Maintenance) as proposed or with changes recommended by the
City Council.
2. Deny Ordinance 109-XX amending the City Code to include Section 609
(Property Maintenance).
3. Defer action and provide staff with further direction.
Alternative 1. A motion and second adopting Ordinance 109-XX amending the
City Code to in~Ude Section 609 (Property Maintenance).
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Frank Boyles, ity Marager
City Council Meeting Minutes
March16, 2009
Haugen: Suggested a waiver of the suspension if the system should be purchased in seven days with
proof of purchase delivered to a designated person.
Erickson: Suggested purchase within seven days and installation and operation within thirty days.
Haugen: Concurred.
LeMair: Suggested an additional option that if Shah chooses to accept the fine and suspension rather than
installation of an identification system, that the suspension should be for 20-days as, ultimately, the Council
wants the electronic identification system installed.
Hedberg: Concurred since all Councilors have been consistent in wanting the electronic system installed.
MOTION BY LEMAIR, SECONDED BY HAUGEN TO UPHOLD THE $700 FINE, ALLOW PURCHASE OF
AN ELECTRONIC IDENTIFICATION SYSTEM WITHIN SEVEN DAYS AND INSTALLATION OF THAT
SYSTEM WITHIN THIRTY DAYS, WHICH WOULD ALLOW WAIVER OF THE SEVEN-DAY
SUSPENSION. IF NARAYAN GAS AND GROCERIES CHOOSES NOT TO ACQUIRE AN ELECTRONIC
IDENTIFICATION SYSTEM WITHIN THE TIME PERIOD PRESCRIBED, THE $700 FINE WILL BE
UPHELD AND THE SUSPENSION WILL BE FOR 20 DAYS. THE SUSPENSION WOULD TAKE EFFECT
ON THE 31ST DAY AFTER THIS MEETING.
VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried.
Shah: Requested more time due to the illness of his father.
Haugen: Replied that he wishes well for his father, but that cannot dictate the decision of the Council.
OLD BUSINESS
) Consider Approval of a Report Regarding Alternative Types of Rental Housing Inspection Programs
and a Recommendation for Prior Lake.
Building and Transportation Services Director Kansier provided information about the programs other
municipalities have put in place as well as their program fees. Commented on fire incident statistics citing
that most fires occur in one-or two-family dwellings and proposed that the purpose ofthe program could be
for fire safety. Described five different program models providing the advantages and disadvantages of
each along with possible impacts if each program were adopted. Believes most inspection and/or licensing
programs are not self-supporting programs and that rental ordinances do not address vacant properties.
Offered items the Council may want to consider in relation to a rental inspection program and asked for
direction in order to tailor a program suggesting it may be good to start on a small scale with a rental regis-
tration program focusing on outreach and allowing utilization of materials from the Minnesota Multi-Housing
Association.
Comments:
LeMalr: Perceives no rental property problem for the City at this time. Believes cosmetic and exterior is-
sues exist such as vehicles, unfinished new construction, etc. and that steps should be taken to address
those issues. Does not favor a program that would require additional staff. Favors staying at the status
quo adopting a property maintenance ordinance.
Erickson: Asked if the fire incident statistics were for non-rental or single family owned properties.
Kansier: Replied that the statistics do not distinguish between rental and single family owned.
Erickson: Believes multi-units rentals are not the problem, but rather the homes that are being foreclosed
upon and then purchased for use as rentals. Asked if the same benefits of a rental inspection program
(such as criminal background checks) would be offered to owners of single unit rentals as those offered to
multi-unit owners.
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City Council Meeting Minutes
March16,2009
Kansler: Replied that the Police Department could do a minimal service of criminal checks as well as pro-
vide public information.
Erickson: Believes having a program providing criminal background checks would be good for the safety
of the community and should be available for small unit rentals also. Would agree with having a registra-
tion program listing a benefit to the landlord of learning about what services are available to them and a
benefit to the police of knowing where the rental units are.
Millar: Commented he has dealt with the full scale of rental inventory, licensing and inspections and be-
lieves it has a good role. Asked what start-up costs might be for a rental registration program.
Kansier: Replied that might depend on approach and could include promotional material, advertisement of
the program, printing costs for forms and staff time.
Millar: Asked if the rental properties were identified by tax rolls.
Kansier: Replied that the identified properties came from tax information based on non-homestead status.
Millar: Asked if a rental registration program would be voluntary.
Kansier: Replied that it would be voluntary with the expectation that it would build over time.
Millar: Believes if the registration is not made mandatory, the properties will not be registered. Believes a
full-scale program is best for safety issues, but this may not be the right time for it. Believes a program
should pay for itself. Asked if the City already has property maintenance ordinances.
Kansier: Stated there are some ordinances that refer to junk vehicles and general appearance. The Inter-
national Property Maintenance Code covers painting, lawn mowing, etc.
Millar: Stated he could support a property maintenance ordinance if it applies to all properties, not just
rentals.
Hedberg: Stated it is good to question what the purpose of the ordinance would be. Appreciates the re-
search into what other municipalities are doing. Believes a registration program would be good to assure
clean and safe properties. Believes the City does not have a problem today even though 12% of current
stock is rentals. Stated the number of rentals could increase with "accidental landlords" and the City may
not understand what the potential need for the program would become. Supports a mandatory registration
program that would provide the benefit of inventorying and tracking rental units and prepare us for potential
problems.
Haugen: Questioned whether action should be taken at this time agreeing there could be problems at
some point, but the program would incur costs for start-up and tracking and he does not perceive a return
on that investment in the short term. Stated there will be budget decisions to be made and this program
does not fit. Believes a property maintenance ordinance would address cosmetic and exterior issues, re-
quire little additional enforcement, no additional staff, and no cost to the property owner and would apply to
all properties.
MOTION BY MILLAR, SECONDED BY LEMAIR TO ADOPT A PROPERTY MAINTENANCE ORDINANCE
MODEL WHICH WOULD APPLY TO ALL PROPERTIES.
VOTE: Ayes by Haugen, LeMair and Millar. Erickson and Hedberg opposed. The motion carried.
NEW BUSINESS
Consider Approval of a Resolution for an Amendment to the Comprehensive Plan Land Use Map for
Properties Located at 6880 Boudin Street, 14291 and 14311 Timothy Avenue from R-LD (Urban Low
Density Residential) to C-CC (Community Retail Shopping Commercial).
Community Development and Natural Resources Director Parr explained that the amendment request
is under consideration and that no site plan is being considered at this meeting. Outlined the processes
that will be followed if the amendment request is granted. Planner Matzke described the site and adjacent
uses which include Commercial Neighborhood Retail Shopping (C-NR) to the north, Urban Low Density
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.1 09-xx
AN ORDINANCE AMENDING PART 6 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 603 of the Prior Lake City Code is hereby amended to delete the section in
its entirety.
2. Section 604 of the Prior Lake City Code is hereby amended to delete the section in
its entirety.
3. Part 6 of the Prior Lake City Code is hereby amended to add the following language:
SUBSECTIONS:
609.100:
609.200:
609.300:
609.400:
609.500:
609.600:
609.700:
609.800:
609.900:
609.1000:
609.100:
SECTION 609
PROPERTY MAINTENANCE
FINDINGS AND PURPOSE
DEFINITIONS
BUILDING AND STRUCTURE ApPEARANCE AND MAINTENANCE REQUIREMENTS
COMPLETION OF EXTERIOR AND DEMOLITION WORK
FIREWOOD STORAGE
OTHER OUTDOOR STORAGE
WEEDS
PENALTY
EFFECTIVE DATE
SEVERABILITY
FINDINGS AND PURPOSE: The purpose of this Section is to establish
standards that define the obligations of property owners to maintain the
condition of their property, dwellings and structures on the property and
personal property located on the property. The City Council finds that
property and structures that are not maintained are harmful to the general
welfare of the residents in the area and are not conducive to the City's goals
as set out in its 2030 Vision and Strategic Plan. In order preserve, protect
and promoting safe communities, property values and property valuations
the City Council believes it is necessary to establish Property Maintenance
criteria and standards to:
(1) Preserve the value of commercial and residential property within the
City;
(2) Protect the character and stability of neighborhoods within the City;
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609.200:
609.300
609.301 :
(3) Provide for minimum standards of maintenance for commercial and
residential property within the City and ensure compliance;
(4) Establish a mechanism to cause correction to conditions on properties
that do not comply with the standards of maintenance established
herein.
(5) Assist in the identification and correction of dangerous or life threatening
conditions that may be identified within the City.
(6) Provide a mechanism to mitigate potential public health issues identified
within the City.
DEFINITIONS: For the purpose of this ordinance, the following definitions
shall apply.
Accessory Structure means a use or a structure subordinate to the
principal use or structure on the same land and customarily incidental
thereto. Accessory buildings or structures shall include, but are not limited
to: decks, porches, detached garages, and sheds.
Building means any structure having a roof which may provide shelter or
enclosure of persons, animals or chattel. Buildings shall include, but are not
limited to: dwellings, offices, warehouses, and stores.
Firewood means split wood or unsplit wood logs cut into lengths not
exceeding three (3) feet for the purpose of burning in a fireplace or as a
recreational fire on the property.
Property means a legally described parcel of land, including but not
limited to structures, parking lots, landscaping, lighting, signs and all other
physical elements on the site and the use, operation and functioning of
these elements. Property shall include any developed or undeveloped
land, parcel or platted lot, including any buildings, structures, and accessory
structures thereon.
Structure means anything constructed or erected, the use of which requires
a location on the ground. Structures include, but are not limited to
advertising signs, billboards, towers and fences greater than 6 feet in height,
pavilions, gazebos, pergolas, trellises, retaining walls greater than 4 feet in
height, and swimming pools.
BUILDING AND STRUCTURE ApPEARANCE AND MAINTENANCE
REQUIREMENTS: Any property, building or structure, including an
accessory structure, is a public nuisance if its exterior does not comply
with the following requirements:
The exterior of all buildings and structures shall be maintained in good
repair, structurally sound and in a sanitary condition so as not to pose a
threat to the public health, safety or welfare of other property owners in
the vicinity. All exterior surfaces, including, but not limited to: siding,
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609.302:
609.303:
609.304:
609.305:
609.400
609.401
609.402
doors, door and window frames, porches, trim, soffits and fascia, eaves
and gutters, balconies, decks and fences shall be maintained in good
. condition.
All buildings shall have complete siding. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers, falling or loose stucco
or brick, or peeling paint.
It shall be the responsibility of the owner to restore any exterior surface of
any structure or building surface damaged, mutilated or defaced by any
marking, carving or graffiti to an approved state of maintenance and
repair. Such repair shall be completed within ten (10) days after said
defacement.
All doors, windows, and gutters shall be operable and maintained in good
repair, shall fit within their frames and shall be free of open breaks or
holes.
In all districts, fences, retaining walls and landscaping shall be maintained
so as to prevent unsightliness, health hazards, or unsafe conditions.
Fences, retaining walls and landscaping shall be free of open breaks or
holes.
COMPLETION OF EXTERIOR WORK AND DEMOLITION WORK
Completion of Exterior Work. In accordance with Minnesota Rules
1300.0120, subp. 11, every permit issued shall become invalid unless the
work authorized by the permit is commenced within 180 days after its
issuance, or if the work authorized by the permit is suspended or
abandoned for a period of 180 days after the time the work is
commenced. The building official may grant, in writing, one or more
extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause
demonstrated.
Demolition Proiects. All demolition projects that are not part of a new
construction project shall be completed within ninety (90) days of issuance
of the demolition permit. Completion of work requires site clean-up,
disposal of all material, and final grading and turf establishments. Prior to
the expiration of the initial demolition permit, the permit holder may request
an extension to allow completion of the demolition work. The Building
Official may authorize an extension beyond the initial ninety (90) day period,
upon a showing by the permit holder that the failure to complete the
demotion project was due to circumstance beyond the control of the permit
holder. The maximum extension may not exceed thirty (30) days. The
permit holder shall pay an additional permit fee to the City in the amount of
one-half of the initial demolition permit fee, regardless of the length of the
extension.
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609.500
609.501 :
609.502:
609.503:
609.504:
609.505:
609.506:
609.600
609.601 :
FIREWOOD AND CONSTRUCTION MATERIAL STORAGE:
No wood or wood product, with the exception of firewood and construction
materials shall be kept or stored on property in a Residential Use districts,
except as provided for herein.
Construction materials for on site work may be stored on the residential
property, if the property owner has a building permit for the on-site work.
Construction and landscaping material, which shall be consumed or used
on the Property within the next thirty (30) days and kept in a neat,
workman like fashion.
Firewood may be stored in Residential Use districts solely for use on the
premises and not for resale.
All firewood located on a residential lot shall be stored as follows:
Firewood shall be stored or kept in a neat and secure stack (maximum of
two cords, defined as 128 cubic feet per cord), which shall be no higher than
five feet.
No firewood shall be stored in the front yard. No firewood shall be stored
within five (5) feet of any rear or side property line unless the wood is stored
in an accessory structure meeting all required structure setbacks.
The firewood stacks shall not be allowed to become infested with rats,
rodents, or vermin, or stacked in a manner that presents a hazard by virtue
of collapse.
Tree limbs, roots, and other brush shall be promptly removed from the
property.
OTHER OUTDOOR STORAGE: Except as provided for herein or as
specifically allowed within a Use districts established by the Zoning Code, all
materials and equipment shall be stored within a structure, except as
provided for in Sections 609.601 and 609.602.
Not more than four (4) currently licensed and operable vehicles, including
trailers and other recreational vehicles, may be parked or stored outdoors
on residential lots in the R-1 and R-2 Districts for more than forty-eight
(48) hours. The following additional restrictions apply to all parking or
storage shall be allowed as follows:
(1) In the front yard, provided they are kept on an established driveway,
entirely on the vehicle owner's property. Except as provided herein,
recreational vehicles may not be parked or stored on public property
or street right-of-way.
(2) All vehicles, other than recreational vehicles parked in the side yard,
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609.602:
609.603:
609.604:
609.700
609.701 :
609.702
609.703
must be parked on a driveway consisting of concrete or bituminous
pavement, unless the driveway of another material existed on the date
of this ordinance.
(3) Recreational vehicles may be parked within the side yard as permitted
by the Zoning Code, section 1102.700 (3). Recreational vehicles
parked in the side yard shall be counted as part of the allowable four
(4) vehicles.
Clothesline poles and lines, play equipment, garden equipment, patio
furniture, and trampolines shall not be considered outdoor storage.
Temporary storage pods used to store items during house remodeling
may be kept on the driveway for a period not to exceed ninety (90) days
except by CUP application for major remodeling.
No pallets shall be stored on the property seven days after they are no
longer used.
WEEDS
CUTTING AND REMOVAL OF GRASS AND WEEDS:
It shall be unlawful for any owner, lessee or occupant or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any occupied or unoccupied lot or land or any part thereof in the
City to permit or maintain on any such lot or property or along the sidewalk,
street or alley adjacent to the same, any growth of plants, grass, brush, or
other weeds or vegetation which is horticulturally out of place to a height
greater than twelve inches (12"). This requirement does not apply to the
following:
~ Slopes greater than three feet horizontal to one foot vertical (3: 1);
~ A wetland, wetland buffer or flood plain designated on the official Zoning
Map;
~ A drainage pond, raingarden or ditch which stores or conveys storm
water;
~ Maintained and weeded gardens, trees and shrub plantings;
~ Property being used for agricultural purposes; and
~ An area designated as a "natural preserve" by the City Council.
The determination of what constitutes a "natural preserve" shall be made by
the City Council in its sole discretion. The City Council shall consider the
following factors in making its determination:
~ Whether there are compelling reasons to preserve the property in its
natural state;
~ The zoning district of the City within which the property is located; and
~ Whether any public safety or health problems may result if the area is
designated a "natural preserve".
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609.704:
609.705:
609.706:
609.707:
609.708:
609.709:
DuTY OF OWNER, LESSEE OR OCCUPANT To REMOVE: It shall be
the duty of any owner, lessee or occupant of any lot or land to cut and
remove or cause to be cut and removed all such weeds, grass, brush or
other poisonous or harmful vegetation as often as may be necessary to
comply with the provisions of subsection 609.100. This ordinance shall be
enforced at all times between the established growing season of April 1 to
November 1.
UNDEVELOPED PROPERTY:
All undeveloped lots shall maintain a fifteen foot (15') strip of trimmed
vegetation to a height of not over twelve inches (12") along any adjacent
developed lots and any bordering city street.
Following the initial grading and seeding of an undeveloped lot, vegetation
will be allowed to grow to the height necessary to establish a proper root
system.
Exceptions:
~ In Residential Use Districts, this ordinance will not apply to undeveloped
property; provided the undeveloped property does not abut a developed
lot containing a building or provided the undeveloped property is greater
than one acre in size, and provided the lot is in compliance with the
provisions of Section 609.301.
~ In Commercial and Industrial Use Districts, this ordinance will not apply
to undeveloped lots which are greater than one (1) acre in size provided
the lot is in compliance with the provisions of Section 609.301. The city
code enforcement officer may determine and require a wider strip of
trimmed vegetation; depending on any unique conditions of the lot.
WORK DONE BY CITY: If the provisions of the foregoing subsections are
not complied with, the City shall serve written notice upon the owner, lessee
or occupant or any person having control of such lot or land, to comply with
the provision of this Section. If the person upon whom the notice is served
fails or refuses to cut or remove or cause to be cut and removed such
weeds, grass, brush or other vegetation within five (5) days from the date
such notice is post-marked or delivered, then the City shall cause the
weeds, grass, brush and other vegetation of such lot or land to be cut and
removed and the costs assessed against the property as provided for in
Minnesota Statutes Section 429.101 or under any other legal authority the
City may have whether it be in law of in equity. The actual cost of cutting
and the removal, plus such sums as determined by the City Council to
reimburse the City for its costs, shall be certified by the City Manager and
shall thereupon become a lien upon the lot or land on which such weeds,
grass, brush and other vegetation were located and shall be added to and
become and form a part of the taxes next to be assessed and levied upon
such lot or land and shall bear interest at the same rate as taxes and shall
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be collected and enforced in the same manner as real estate taxes;
provided, however, the owner, lessee or occupant or any person having
control of the lot or land, may pay to the City in full for its costs by October
15 of the same calendar year in which the cutting and removal occurred in
order to avoid having such costs levied upon the lot or land.
609.800: PENALTY: Any person violating the terms of this Section shall, upon
conviction thereof, be found guilty of a misdemeanor and shall be
punished in accordance with the penalties established by Minnesota
Statutes. Each day the offending condition exists or is maintained upon
the property shall constitute a separate offense.
609.900 EFFECTIVE DATE: This Section shall become effective upon its due
passage and enactment and publication according to law.
609.1000 SEVERABILITY: If any provision of this ordinance is deemed unenforceable
by a court of competent jurisdiction, the offending provision shall be stricken
and all other remaining provisions shall continue in full force and effect as if
the offending provision had never been included in this ordinance.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of August, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of August, 2009.
Drafted By:
Prior Lake Building and Transportation Services Department
4646 Dakota Street SE
Prior Lake, MN 55372
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