HomeMy WebLinkAbout9B - Property Maintenance Ordinance% /~ PRICE
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CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 17, 2009
AGENDA #: 96
PREPARED BY: JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES
DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF ORDINANCE 109-XX ADDING SECTION 609
TO THE PRIOR LAKE CITY CODE ENTITLED PROPERTY MAINTENANCE
ORDINANCE
DISCUSSION: Introduction
The purpose of this agenda report is for the Council to consider whether to
move forward with the adoption of a property maintenance ordinance. The
ordinance has been revised to reflect the discussion at the July 20, 2009, and
the August 3, 2009, City Council meetings.
HiStorY
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 3~d meeting for consideration. After discussion at the August 3~d
meeting, the Council directed staff to revise Section 609.300 of the draft
ordinance to focus on the public health and safety issues rather than aesthetic
and cosmetic issues.
Current Circumstances
Most property maintenance ordinances are based on the "broken windows"
theory, often used in crime prevention. According to this theory, a successful
strategy for preventing vandalism and blight is to fix the problems when they
are small. For example, repair the broken windows within a short time and the
tendency is that vandals are much less likely to break more windows or do
further damage. Clean up the sidewalk every day, and the tendency is for litter
not to accumulate (or for the rate of littering to be much less). Problems do not
escalate and thus respectable residents do not flee a neighborhood.
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The attached ordinance has been revised to focus on public health and safety
issues. The ordinance is in legislative format to illustrate the revisions. The
staff has removed references to "unsightliness" or other aesthetics and added
language to clarify the purpose of the ordinance (protect the public health,
safety and welfare).
The attached ordinance also includes a revision to Section 609.402. Staff has
deleted the statement requiring a demolition permit holder to pay an additional
fee to the City for an extension. Currently, we do not charge a fee for
demolition permits, although we do require a letter of credit.
ISSUES: 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 at this time. 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.
FINANCIAL Since we already receive complaints on most of the listed issues, we do not
IMPACT: 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.
ALTERNATIVES: 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.
RECOMMENDED Alternative 1. A motion and second adopting Ordinance 109-XX amending the
MOTION: City Code to ' clude Section 609 (Property Maintenance).
Reviewed by:
Frank Boyl , Ci anager
CITY OF PRIOR LAKE
ORDINANCE NO. 109-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:
SECTION 609
PROPERTY MAINTENANCE
SUBSECTIONS:
609.100: FINDINGS AND PURPOSE
609.200: DEFINITIONS
609.300: BUILDING AND STRUCTURE APPEARANCE AND MAINTENANCE REQUIREMENTS
609.400: COMPLETION OF EXTERIOR AND DEMOLITION WORK
609.500: FIREWOOD STORAGE
609.600: OTHER OUTDOOR STORAGE
609.700: WEEDS
609.800: PENALTY
609.900: EFFECTIVE DATE
609.1000: SEVERABILITY
609.100: 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. ~~^~er+-ro-p~es~^~~teet
Tthe City Council believes it is necessary to establish Property Maintenance
criteria and standards in order 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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(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.
609.200: 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.
Recreafi®nal eouip~e:n~€ shall include, but not be limited to, boats, boat
trailers, boat lifts and rail systems, general purpose frailers, recreational
campers, self-contained motor homes, truck toppers, fish houses, utility
trai-ers, jet skis and sno~Nmobiles.
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.
\~ehicle, r'or the purpose, of this ordinance, means any self-propelled
vehicle, including but nct limited to automobiles, trucks, vans, golf cans all-
terrain vehicles and motorcycles, and recreational equipment.
j:\jane\609 prop_maint revised8-17.doc
609.300 BUILDING AND STRUCTURE APPEARANCE AND MAINTENANCE
REQUIREMENTS: Any property, building or structure, including an
accessory structure, is a violation of this ordinance and a public nuisance
if its exterior does not comply with the following requirements:
609.301: 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.~^-~-~z~~-s~-~,-+e~~~t-nn+~=it°^' +n, ^i,ainn
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609.302: All buildings shall have complete siding. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers, or falling or loose
stucco or brick,;-r~--pa+~t to prevent vermin, mold, rot, deterioration
and other structural darn~a e, and toprotect the value of properties in the
vicinity.
609.303: Graffiifs: 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 by removing such exterior
markingsfe-~~-a~~r-ovea ~+^+° ^f ;,,^in+°n^n^° ^n,~ r° Such repair
shall be completed within ten (10) days after said defacement.
609.304: 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 order to prevent vermin, mold, rot, deterioration and other
structural damage, to maintain energy conservation, and to protect the
value of properties in the vicinity.
609.305: In all districts, fences, retaining walls and landscaping shall be maintained
so as to prevent ~~; health hazards, or unsafe conditions.
Fences, retaining walls and landscaping shall be free of open breaks or
holes.
609.400 COMPLETION OF EXTERIOR WORK AND DEMOLITION WORK
609.401 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 Oefficial may grant, in writing, one or more
extensions of time, for periods not more than 180 days each. ~hdt~t~
extension shall be requested in writing,_ before the expiration date of the
ep rmit, The request for an extension shall include the reasons the permit
holder was not able to meet the timelines in _the permit. In order to arant
j:\jane\609 prop_maint revised8-17.doc 3
an extension the building official must find that an extension of the permit
is justified due to circumstances beyond the control of the permit holder.
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609.402 Demolition Projects. 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
in writing-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 hold~e~r,.~~,T~h~e,,my~aximum exte~~nsion may not exceed thirty (30) days.
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609.500 FIREWOOD AND CONSTRUCTION MATERIAL STORAGE:
609.501: 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.
609.502: All firewood located on a residential lot shall be stored as follows:
609.503: 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.
609.504: 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.
609.505: 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.
609.506: Tree limbs, roots, and other brush shall be promptly removed from the
property.
j:\jane\609 prop_maint revised8-17.doc 4
609.600 OTHER OUTDOOR STORAGE: Except as provided for in Sections
609.601 through 609.604~ere+r~ or as specifically allowed within a Use
districts established by the Zoning Code, all materials and equipment shall
be stored within a structure, °~^°^+ nn v~rn~rirlnrl fnr in C°n+inr~n ano any ....,~
609.601: Not more than four (4) i ~rrn n$I„ lin°nn°d Mnr-1 nrnrn ~Io
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be parked or stored outdoors on a legally established driveway or a
driveway existing o£n^th~~ date of this ordinance on residential lots in the R-
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609.602: In accordance with Section 1102.700 (3) of the Zoning Ordinance,
currently licensed and operable winter recreational eauipment, including
fish houses, may be parked on or adjacent to a driveway on a lot in a "~"
Use District from November 1 to April 1 each year. Currently licensed
and operable summer recreational eauipment may be parked on or
adjacent to a driveway on a lot in a "R" Use District from April 1 to
November 1 each veer. At all other times, recreational eauipment sha11
be stored in the rear or side yard.
If topography or other natural conditions of the lot do not allow for storage
in the side or rear yards, the recreational equipment may be parked
adjacent to the driveway subject to written approval of the Zoning
Administrator and the following standards:
a. The recreational eauipment must be located at least 5 feet from
any side lot line.
b. The recreational equipment shall not encroach info env public
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609.603: Recreational vehicles may not be parked or stored on public property or
street right-of-way.
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609.604: Clothesline poles and lines, play equipment, garden equipment, patio
furniture, and trampolines shall not be considered outdoor storage.
609.605: 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.
609.a9460S: No pallets shall be stored on the property seven days after they are no
longer used.
609.700 WEEDS
609.701: CUTTING AND REMOVAL OF GRASS AND WEEDS:
609.702 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.
609.703 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".
609.704: 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.
j:\jane\609 prop_maint revised8-17.doc 6
609.705: UNDEVELOPED PROPERTY:
609.706: 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.
609.707: 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.
609.708: 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.
609.709: 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 ^r ~'°'~~~°r°~', then the City shall cause the
weeds, grass, brush and other vegetation on# 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
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.
j:\jane\609 prop_maint revised8-17.doc 7
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.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 17t" 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
j:\jane\609 prop_maint revised8-17.doc 8