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HomeMy WebLinkAbout9B - Property Maintenance Ordinance MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT SEPTEMBER 8, 2009 9B JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF ORDINANCE 109-XX ADDING A NEW 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 a property maintenance ordinance. The ordinance has been revised to reflect the discussion at the July 20, 2009, the August 3, 2009, and the August 17, 2009, City Council meetings. Minutes of these meetings are attached for your information. Historv 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." 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 meeting for consideration. After discussion at the August 3 meeting, the Council directed staff to revise Section 609.300 of the draft ordinance to focus on the public health and safety rather than aesthetics. On August 17, the Council directed staff to refine the ordinance further. The Council specifically requested a 48-hour provision be included in the parking requirement, and the size of any loose siding or holes be specified. 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. The attached ordinance has been revised to address the issues the Council requested. The ordinance is in legislative format to illustrate the revisions. www.cityofpriorlake.com i.Phon'} 9~4144~ri98qQ I, f~~9!;l4,t;l4'l.4?45i! The staff and the City Attorney discussed the provisions of the proposed ordinance at length during the last week. One of our concerns, which has also been raised by the Council, is that whatever language is adopted must be enforceable. Based on our discussions, we have concluded the provision limiting the number of cars in the driveway to four over a 48-hour period will pragmatically be unenforceable as it is currently written. Although various other options were discussed and analyzed, along with meeting with the Police Chief to obtain his opinion regarding enforceability, we were not able to draft language that we felt confident recommending to the Council. For that reason, we have deleted the entire provision from the proposed ordinance. The staff can continue researching other options to try to resolve this issue. But at this time, based on our research of ordinances from at least 20 other communities, we have not found language we believe will address the Council's concerns and still be enforceable. The staff has also attempted to address the Council's concerns about loose siding, bricks, and so on, by quantifying an area that would constitute a violation. We are suggesting an area of missing siding greater than one square foot be used. This is based on the idea that an area of this size is large enough to allow water, other elements or vermin to cause structural damage. An area of this size will also be visible from the street or neighboring properties. 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. 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. FINANCIAL IMPACT: 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. 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 MOTION: Alternative 1. A motion and second adopting Ordinance 109-XX amending the City Code to include Section 609 (Property Maintenance). Reviewed by r rf;',,1u ~ ~ytes/CiW Maflager City Council Meeting Minutes July 20, 2009 Hedberg: This is a sign of good partnership. Will support. Millar: Will support. Erickson: Asked if the City has many streets that the tains. Albrecht: Replied those streets should be add res in the private street policy tha ill be developed. Haugen: Will support. MOTION BY MILLAR, SECONDED BY LEM TO APPROVE RESOLUTION -102 APPROVING A NAME CHANGE FOR OAKES LANE TO EDIT UNION DRIVE. VOTE: Ayes by Haugen, Erickson, Hed g, LeMair and Millar. The motio arried. Consider Approval of a Resolutio pproving the Issuance of Gene I Obligation Improvement Re. funding Bonds, Series 2009B Steve Mattson, Northland Secur' es, Inc. representative, explained t t three existing bond issues from 2000, 2002 and 2003 could be financed for lower interest rates an that this is an optimum time to do so. Approval of the proposed res tion would allow sale of bonds. etc Anticipates $30,000 - $35,000 in sav- ings. Will bring a final rati . g resolution to the August 3 meetin or Council approval. Comments: Hedberg: Will suppo Millar: Will support. Erickson: Will su ort. leMair: Suppo a $25,000 threshold for action., Haugen: Will pport. Commented that even $10,00 ould be a savings and the City should not miss the window ~ whatever the savings might be. Mattson: ggested acting upon $20,000. MOTIO Y HEDBERG, SECONDED BY MILL TO APPROVE RESOLUTION 09.095 APPROVING THE I UANCE OF GENERAL OBLIGATION PROVEMENT REFUNDING BONDS, SERIES 2009B SP FYING $20,000 AS THE MINIMUM A UNT OF NET SAVINGS. V : Ayes by Haugen, Erickson, Hedber , LeMair and Millar. The motion carried. Draft Property Maintenance Ordinance Building and Transportation Services Director Kansier explained the purpose of ordinance as being to maintain property value, provide minimum standards of maintenance, protect character and stability of neighborhoods, provide mechanism for enforcement, identify life threatening situations, etc. Described common complaints that are not covered by current ordinance as well as the complaints that the proposed ordinance would not address. Reviewed the proposed ordinance. Code Enforcement Officer Corrow was present to answer questions. Comments: Hedberg: Stated that some elements of the proposed ordinance make sense, but generally feels the ordi- nance is over-regulating. Supported the proposals regarding the condition of exterior work, but believes the timelines are too tight. Supports the weeds ordinance, but questions the language for outdoor storage. Does not sense that there is a serious problem in Prior Lake with the maintenance of properties. Sug- gested the ordinance be trimmed down and not over-reach what is regulated. Asked if staff thinks there is a problem. 11 City Council Meeting Minutes July 20, 2009 Corrow: Replied that some areas could be improved on, but believes staff is doing a good job with the ordinance that is in place. Hedberg: Asked if Prior Lake has a problem with property owners who are detrimental to the rest of the community. Corrow: No. Millar: Questioned how the completion of exterior work could be enforced when dealing with new construc- tion, foreclosures, etc. Kansier: Replied that staff could track the timelines of when building permits are taken out. Added that the ordinance is intended to keep projects moving. Millar: Stated that sometimes the City would be dealing with banks that are not in the area and it could be hard to have some of these things addressed. Corrow: Agreed that the City generally does not get a response from banks located on either the east coast or west coast. Millar: Agrees with the maintenance requirements proposal. Asked if trailers need to be on asphalt or con- crete rather than beside the house. Kansier: Replied that trailers are covered by the recreational vehicles ordinance which would allow park- ing alongside the house. Millar: Stated that cutting and removal of grass and weeds make sense, but believes the proposed ordi- nance should be trimmed down to issues that can be enforced. LeMair: Agree with Millar and Hedberg comments that some areas seem over-reaching. Questioned how unfinished construction could be enforced and whether the City would take someone to court for gutters coming off or paint chipping. Believes the construction timelines are too tight. Believes there is a conflict between protecting rights and wanting a nice neighborhood. Erickson: Generally agrees with the identified goals, but would remove the reference to weathered lawn ornaments. Suggested it is hard to define out-of-season decorations as people may have differing holi- days. Asked about commercially licensed trailers being allowed in residential areas. Corrow: Replied they would not be compliant in residential areas. Erickson: Commented on commercial trailers that house race cars, etc. Asked if they do not comply if they are licensed commercially. Kansier: Responded that commercial licenses may be defined by the weight of the vehicle, adding that she will research that. Erickson: Questioned if recreational vehicles parked in a side yard would count as one of four vehicles allowed to be parked. Kansier: Replied that it would count if it is stored on the driveway. Erickson: Asked how long a guest could be parked in the driveway before the four vehicle count would come into effect. Kansier: Replied that communities with this type of provision deal with it on a complaint basis and gener- ally complaints are not received regarding parties or short-term guests. Erickson: Asked the City Attorney if a timeline would have to be defined in the ordinance in order to en- force it. Pace: Yes. Erickson: Suggested the timeline for guest vehicles should be 48 hours. Asked about the definition of a property regarding the four vehicle count. Kansier: Replied by reading the legal description. Erickson: Questioned duplexes on a lot and apartment complexes. Kansier: Replied this ordinance does not include apartment complexes, but rather just R1 and R2 districts. 12 City Council Meeting Minutes July 20, 2009 Haugen: Asked about legality of the number of vehicles and believes that even though vehicles may be licensed, the issue is about vehicles that may not have been moved for a long period of time. Asked about the example used in the report. Corrow: Replied that all of the vehicles in the example are licensed and all operate. Haugen: Commented that it may be in the eye of the neighborhood whether or not it is a problem and the ordinance is needed to prevent extremes. Kansier: Replied that the proposed ordinance attempts to address that extreme issue through outdoor storage in section 609.601. Asked for direction from Council. Haugen: Replied that the ordinance should allow four vehicles in the driveway and a trailer counts. Any- thing else is illegal. Believes a 48-hour window is fine. Ongoing deteriorating exterior conditions should not be tolerated. Believes the ordinance should have some teeth, appropriate timelines, and address repetitive violations. Erickson: Added that demonstrated hardship, section 609.403, allows exemption from some of the pro- posed ordinance. Suggested adding a 48 hour timeline to 609.601, and eliminating 609.603. Kansier: Asked for direction about timelines for completion of construction. Haugen: Asked if the analysis of other communities would provide some general timelines that have been effective. LeMair: Suggested that a permit could be renewed for an additional timeline. Kansier: Commented that reasonable completion is to have the outside finished and the City is not asking a builder to make big investments on the interior of the building. Erickson: Stated that from a public safety standard, it would not be a safe situation to be unfinished and open for too long. Questioned whether there should be longer periods of time to complete projects of greater values. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO RESEARCH OTHER COMMUNITIES AND USE DIRECTION FROM THIS COUNCIL MEETING TO REVISE THIS PROPOSED ORDINANCE FOR SUBMISSION TO THE COUNCIL AT THE AUGUST 3,2009 MEETING. VOTE: Ayes by Haugen, Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Millar: Listed the ev s for next week's Lakefront Days. Haugen: Annou d that Mary Haugen, former Activities ector of ISD #719, will be inducted into the Laker Hall of F e. ENT With n rther comments from Council memb , a motion to adjourn was made by Millar and seconded by H berg. With all in favor, the meeting ourned at 10:35 p.m. Fra1!df::ager ~ Ad~eAsst. 13 City Council Meeting Minutes August 3, 2009 Nelson: Thanked the Council for it pport of the project. Clarified that the funding will be used to pay for the property is through th N Housing Finance Agency and the Scott Cou CDA is helping Habi- tat for Humanity with that fundi . Citizens of Prior Lake will be asked to help wi e landscaping, siding, roofing and labor. Haugen: Reiterated that. ure donations to this project will not be used for rchase of the land, but ra- ther for improvements t Ie property. MOTION BY HEDB G, SECONDED BY MILLAR TO DIRECT STA TO CREATE A DEVELOPMENT CONTRACT BET EN THE CITY AND HABITAT FOR HUMANI 0 INCLUDE $22,000 IN COMPENSATI FOR THE PROPERTY TO BE BROUGHT BA TO THE CITY COUNCIL AT A LATER DATE. VOTE: Ay by Haugen, Erickson, Hedberg, LeMair and Mill . The motion carried. Consider Approval of Ordinance 109.xx Adding Section 609, Property Maintenance Ordinance. Building and Transit Services Director Kansier described the revisions made to the proposed property maintenance ordinance in response to direction received from the Council at its last meeting. Stated that she researched other communities to learn how they define timelines for completion of a project, and dis- covered that the State Supreme Court determined that city ordinance may not supersede the State Building Code; therefore, that reference was removed from the proposed ordinance. Stated she perceives no need for additional staff to enforce this ordinance, but there may be potential increased costs if legal support is sought for a violator who does not comply with the ordinance. Comments: Hedberg: Believes the City should not insert itself too much into people's lives and the peaceful enjoyment of their property. Some of the provisions in the proposed ordinance are good, but disagrees with some of the parameters in section 609.300 and outdoor storage. Commented that four vehicles may not be the appropriate limitation on the number of vehicles allowed to be parked outside. Supports going forward with the ordinance. LeMair: Concurred with Hedberg's comments. Asked if vehicles include licensed boats, jet-skis, etc. Kansier: Replied that it would include vehicles along the driveway and beside the house. Most lakeshore lots store such things on the shore in the summer. If such things were pulled alongside the house in the winter, they would be included in the number of vehicles counted toward this limitation. LeMair: Suggested the number of allowed vehicles should be related to the licensed drivers noting that many households have more than four drivers. Does not support limiting the number of vehicles to four. Stated that even though there is an un-sided house in his neighborhood that he considers blight; he would not care to have someone tell him he has to paint his house. Does not support. Erickson: Asked if uncompleted construction is covered by the MN Building Code. Kansler: Affirmed. Stated the building permit for the afore-mentioned house has been revoked, but no determination has been made of what to do with the unfinished house. Erickson: Asked how the ordinance could address such a problem if the MN Building Code allows revoca- tion of the permit, but no way of handling the problem beyond that. Kansier: Replied that the proposed ordinance would not give the City authority to do the work, but the City would be able to issue citations and fines and provide something in writing for the builder to comply with. Erickson: Commented on the vehicle limitation stating that any vehicles within the garage do not count toward that number and he supports the limitation of four vehicles outside. 5 City Council Meeting Minutes August 3, 2009 Millar: Questioned some of the criteria for exterior care when it may be in the eye of the beholder whether it needs to be done. Questioned the number of allowable vehicles parked in the driveway and asked if a crushed rock driveway is acceptable. Kansier: Replied there are some gravel driveways and the City would not force anyone to pave their dri- veway, but vehicles would have to park on the driveway, not on the grass. Recreational vehicles count to- ward four outdoor vehicles, but can be parked alongside ,the house. Millar: Commented that the problem arises when cars are seldom moved from the driveway. Generally favors the limitation to four vehicles as more would usually be due to storage of cars. Will support. Haugen: Agreed the City should not be controlling lives, but there is responsibility when living in a com- o munity and one's lifestyle should not negatively impact his or her neighbor's life. Noted that the proposed vehicle limitation is a complaint-based ordinance and there would have to be some degree of evidence that the vehicles were there for more than 48 hours. Kansier: Agreed, adding that most ordinances are complaint driven. Haugen: Clarified that if cars are being moved, it is not a violation of this ordinance. Kansier: Affirmed. Haugen: Commented on judgments about complete siding, loose paint, etc. stating he is not certain a completely defined ordinance can be crafted, but modifications could be made overtime. Believes that complaints are often driven by conflict between neighbors. Will support. Hedberg: Understands the intent of the proposed ordinance is to focus on unsightliness and aesthetics, but that is in the eye of the beholder. If the ordinance would focus on structurally sound and sanitary condi- tions so as not to pose a threat to the public health, safety or welfare of other property owners it is a legiti- mate public purpose. Does not want the City to be involved in what looks good or what doesn't. Could support the ordinance if language focuses on safety and welfare. Haugen: Concurred. MOTION BY HEDBERG, SECONDED BY MILLAR TO DIRECT STAFF TO REVISE SECTION 609.300 TO FOCUS ON STRUCTURALLY SOUND AND SANITARY CONDITIONS SO AS NOT TO POSE A THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE OF OTHER PROPERTY OWNERS AND REMOVING LANGUAGE RELATING TO UNSIGHTLINESS OR APPEARANCE, AND BRING THE FINAL DRAFT BACK TO THE COUNCIL FOR APPROVAL. Erickson: Clarified at the motion is not to adopt the ordin nee, but to bring back a revised or mance that includes the aforem tioned items. Hedberg: Affirme Millar: Affirmed. LeMair: Believe e City may not have the means to e orce the ordinance. VOTE: Ayes by augen, Erickson, Hedberg, LeMair a Millar. The motion carried. Consider Ap oval of a Resolution Providing for e Issuance and Sale of $1,295,0 gation Impr ement Refunding Bonds, Series 2 9B. Finance Oi ctor Erickson advised the Council t the refunding bonds were sold 0 hursday, July 30, 2009 and savings realized of $36,257. Reduc the size of the bond issue to $1,2 ,000. Comm ts: Erick n: Will support. LeM : Will support. Hed rg: Will support. 6 City Cwndl Meeting Minutes August 17. 2009 DRAFT Public Works Director Albrecht lained that plans and specifications completed and the next step will be to bid the project. Descri d the areas of work and that multiple (Js will be sought for different functions to expedite the proj and reduce costs. Comments: Millar: Asked if City str ts would be finished before winter. Albrecht: Replied th a short section of Grainwood Circle mi be patched for the winter depending on the timing. Goal wo be to have the bituminous finished. Hedberg: This is xt step in the process. Will support. LeMair: Will sup rt. Erickson: Com ented that several alternatives have be considered and this is a good one. Will sup- port. MOTION B~ EDBERG, SECONDED BY MILLAR T APPROVE RESOLUTION 09-109 APPROVING AND SPECIFICATIONS AND AUTHO ING ADVERTISEMENT FOR BIDS FOR THE CR MAIN PROJECT. es by Haugen, Erickson, Hedberg, Le ir and Millar. The motion carried. Consider Approval of Ordinance 109-xx Adding Section 609 to the Prior Lake City Code Entitled Property Maintenance Ordinance. Building and Transportation Services Director Kansier outlined the most recent revisions to the pro- posed property maintenance ordinance. Presented scenarios of vehicle storage on properties explaining how vehicles could be stored to be in compliance with the proposed ordinance. Explained issues of com- plexity of educating residents on the ordinance as well as enforcement and stated that definitions of vehi- cles and recreational equipment have been included to assist those issues. Clarified the recreational equipment parking provisions. Stated that the number of vehicles to be allowed is a policy decision. Comments: LeMair: Clarified that recreational vehicles, such as a boat. cannot be stored on the street overnight. Kansier: Affirmed. LeMair: Stated he is not in favor of creating more ordinances adding that there are many circumstances that are hard to foresee. Stated he does not agree with regulating how citizens park their vehicles. Does not support. Erickson: Asked about the definition of vehicle, i.e. whether a loaded trailer vs. an empty trailer is counted as one vehicle. Kansier: Replied that an empty trailer would be considered one vehicle as would a loaded trailer. Erickson: Recalled that a 48-hour time limit was considered because some citizens have more than four vehicles that are being used. Does not favor eliminating 48 hours from the provision as that would allow for guests or other circumstances where there would be more than four vehicles. Would amend to include a 48-hour time frame. Hedberg: Stated the most controversial clause is the one surrounding the number of vehicles. Believes the general concern is for the City to have the tools to enforce reasonable expectations across the commu- nity vs. the government becoming too involved. This ordinance feels like more than government should be doing. Generally does not favor ordinances that are only enforced by complaint believing it leads to incon- sistencies and inequities. Noted that even if the City wanted to pursue this ordinance more actively, it does not have the resources. Due to the broad principle of intrusion and the lack of resources to enforce, will not support. 4 City Coondl Meeting Minutes August 17, 2009 DRAFT Millar: Stated he agrees with the idiom that a man's house is his castle, but believes there is a responsibil- ity to neighbors as well. Acknowledged that friction between neighbors might lead to a perception that a neighbor is not being responsible and then guidelines would be needed to allow reconciliation. It is a City's responsibility to seek a healthy and safe environment. Agreed with a 48-hour time frame for more than four vehicles in the driveway and if that is included, will support. Haugen: Stated he has mixed feelings of how much government is appropriate vs. how much should be protected, Sections refer to housing exteriors, fencing and landscaping being free of breaks and holes, but the intent may not be completely clear. The intent regarding a number of vehicles should be to ameliorate a blatant abuse of multiple vehicles that are parked on a semi-permanent basis. Stated there is no problem with a home that has more than four drivers, but rather when vehicles create harm to a neighbor. Supports including a 48-hour timeframe in the ordinance. LeMair: Commented that whenever entertaining, that ordinance would be violated. Pace: Stated that the only way to enforce it is if someone is constantly checking on whether vehicles have been moved and the City does not have the resources to do that. Questioned enforcement of an ordinance that would have neighbor testifying against neighbor. MOTION BY LEMAIR, SECONDED BY HEDBERG TO DENY THE PROPOSED PROPERTY MAINTENANCE ORDINANCE. VOTE: Ayes by Hedberg and LeMair. Opposed by Erickson, Haugen and Millar. The motion failed. MOTION BY HAUGEN, SECONDED BY ERICKSON TO DIRECT STAFF TO REVISE ANY ITEMS IN THE PROPERTY AREA THAT WOULD BE UNENFORCEABLE (609.302, 609.305 AND OTHER SIMILAR), INCORPORATE A 48-HOUR TIME FRAME INTO THE VEHICLE PARKING ORDINANCE AND BRING THE PROPOSED ORDINANCE BACK TO THE COUNCIL FOR CONSIDERATION. VOTE: Ayes by Erickson, Haugen and Millar. Opposed by Hedberg and LeMair. The motion carried. NEW BUSINESS. Consider Approva f a Resolution Approving a Combi d Preliminary and Final Plat and Develop- ment Contract to Known as Crossroads. Community Deve pmentlNatural Resources Director rr displayed the proposed 4.19 net a re site plan which includ 45,000 square feed of commercial sp e. Described buildings to be demoli ed. Public Works D- ector Albrecht explained storm sewer ver sizing, Timothy Avenue sewer an water disconnection d deferment of assessment fees. Timef me for moving fOlWard with the proje ,if ap- proved, is im diate. Developer will build out ttle entir ite at one time. Comments' Hedberg: sked if any neighborhood people have pr ided feedback on this plan, Parr: Re led she has received telephone calls abou the site plan, timing of construction, Ian scaping, hours of ork for construction, etc. Hedbe : Asked what has changed from the origin plan for buffering. Parr: escribed plantings, board fence and rain g dens along Timothy Avenue, explaining t .at few things have hanged since the Planning Commission ap oved it. He rg: Asked if the Planning Commission's edition of a board-on-board fence along 1 T' othy Avenue w still in place. Parr: Replied that when the developer requeste the Conditional Use Permit to be abando ed, those con- ditions were removed. 5 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 deleted in its entirety. 2. Section 604 of the Prior Lake City Code is deleted in its entirety. 3. Part 6 of the Prior Lake City Code is hereby amended to add a new Section 609 with the following language: SUBSECTIONS: 609.100: 609.200: 609.300: 609.400: 609.500: 609.600: 609.700: 609.800: 609.900: 609.1000: 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 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. The 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; (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. - '.\','^'J.:::.;tjzfr,:ri:::;-!a!::::.::::JFl': ~~, 'n~;\\2QQg a9~r:ldil reports\09 08 09\6na rrnr _ rY'J:>'nt r<>"ic:.<>rlQ_R_OQ fin:>1 rln(' Phone 952.447.9800 / Fax 952.447.4245 609.200: 609.300 609.301 : 609.302: 609.303: 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 violation of this ordinance and 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 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 with an area of one (1) sauare foot to orevent vermin. mold. rot. deterioration and other structural damaae. and to orotect the value of orooerties in the vicinitv. Graffiti: 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 markings. Such repair shall be completed within ten (10) days after said defacement. r:\council\2009 agenda reports\09 08 09\609 prop_maint revised9-8-09 final.doc 2 609.304: 609.305: 609.400 609 AO 1 609.402 609.500 609.501 : 609.502: 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. 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. 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, before the expiration date of the permit, The request for an extension shall include the reasons the permit holder was not able to meet the time lines in the permit. In order to grant 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. 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 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 holder. The maximum extension may not exceed thirty (30) days. 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: r:\council\2009 agenda reports\09 08 09\609 prop_maint revised9-8-09 final.doc 3 609.503: 609.504: 609.505: 609.506: 609.600 ~C1: 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 in Sections 609.601 through 609.6G4-603 or as specifically allowed within a Use districts established by the Zoning Code, all materials and equipment shall be stored within a structure. Nct r.19fE: tl":-::n k:.Jr {1) VefHGtet, as: defined by this ordir.ans::-, rr:c::y--eE: ;::a...-ke€I--eF stored outdoors ::>.~ a legally ~s~:::::I:shed driveway E::" :: driveway exi:::ting-~:'\ the date-of this-eFsinance on residenti::llcts: ir. thE: ~ 1 ~'1~ ~ ~ ~istAGt&.- -609.eG4601: Clothesline poles and lines, play equipment, garden equipment, patio furniture, and trampolines shall not be considered outdoor storage. 609.eGa602: 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. 609.900603: No pallets shall be stored on the property seven days after they are no longer used. 609.700 609.701 : 609.702 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: )r> Slopes greater than three feet horizontal to one foot vertical (3: 1); )r> A wetland, wetland buffer or flood plain designated on the official Zoning Map; )r> A drainage pond, raingarden or ditch which stores or conveys storm water; )r> Maintained and weeded gardens, trees and shrub plantings; )r> Property being used for agricultural purposes; and r:\council\2009 agenda reports\09 08 09\609 prop_maint revised9-8-09 final.doc 4 609.703 609.704: 609.705: 609.706: 609.707: 609.708: 609.709: ~ 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". 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. ExceDtions: ~ 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, 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 r:\council\2009 agenda reports\09 08 09\609 prop_maint revised9-8-09 final.doc 5 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. 609.800: PENAL TV: 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 8th day of September, 2009. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of September, 2009. Drafted By: Prior Lake Building and Transportation Services Department 4646 Dakota Street SE Prior Lake, MN 55372 r:\council\2009 agenda reports\09 08 09\609 prop_maint revised9-8-09 final.doc 6