HomeMy WebLinkAbout109-12 Amend Part 6CITY OF PRIOR LAKE
ORDINANCE NO. 109-12
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:
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: $EVERABILITY
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.
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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.
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.
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.
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 with
an area of one (1) square foot to prevent vermin, mold, rot, deterioration and
other structural damage, and to protect the value of properties in the vicinity.
609.303: 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.
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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 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 timelines 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.
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 holder. The maximum extension may not exceed thirty (30) days.
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:
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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.
609.600 OTHER OUTDOOR STORAGE: Except as provided for in Sections 609.601
through 609.603 or as specifically allowed within a Use district established by the
Zoning Code, all materials and equipment shall be stored within a structure.
609.601: Clothesline poles and lines, play equipment, garden equipment, patio furniture,
and trampolines shall not be considered outdoor storage.
609.602: 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.
609.603: 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.
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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.
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,
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
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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: 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 8th day of September, 2009.
ATTEST:
City Mana er
a...-
Ma or
Published in the Prior Lake American on the 19t" day of September, 2009.
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CITY OF PRIOR LAKE
ORDINANCE NO. 109-12
AN ORDINANCE AMENDING
PART 6 OF THE PRIOR LAKE
CITY CODE
The City Council of the City of
Prior Lake does hereby ordain that:
Section 603 of the Prior Lake
City Code is deleted in its entirety.
Section 604 of the Prior Lake
City Code is deleted in its entirety.
Part 6 of the Prior Lake City
Code is hereby amended to add a Affidavit of P u b l i cat i o n
new Section 609 with the following
language:
SECTION 609 SouthW@St Newspapers
PROPERTY MAINTENANCE
Subsections:
609.100: Findings and Purpose
609.200: Definitions
609.300: Building and Structure State Of Minnesota)
Appearance and Maintenance Re- )SS.
quirements
609.400: Completion of Exterior COUnt Of SCOtt
and Demolition Work y )
609.500: Firewood Storage
609.600: Other Outdoor Storage
609.700: Weeds
609.800: Penalty Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
609.900: Effective Date agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
609.1000: Severability dent, Prior Lake American and Sava e Pacer, and has full knowled e of the facts herein stated as
609.100: Findings and g g
Purpose: The purpose of this Sec- follows:
tion is to establish standards that
define the obligations of property (A) These newspapers have complied with the requirements constituting qualification as a legal
owners to maintain the condition of newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
their property, dwellings and struc- amended.
tures on the property and personal
property located on the property. (B) The printed public notice that is attached to this Affidavit and identified as No. ~ 1 ~ y
The City Council finds that prop- was ublished on the date or dates and in the news a er stated in the attached Notice and said
erty and structures that are not Notice is hereb inco orated as art of this AffidavtpSaid notice was cut from the columns of
maintained are harmful to the gen- Y rp P
eral welfare of the residents in the the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
area and are not conducive to the inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
City's goals as set out in its 2030 and publication of the Notice:
Vision and Strategic Plan. The City
Council believes it is necessary to abcdefghijklmnopgrstuvwxyz
establish Property Maintenance ,^
criteria and standards in order to: ~~ "
Preserve the value of commer- ~/ ,/ J
cialandresidentialpropertywithin a'13y: / L'~i,~U/~~(.' G ~ ' ;~~>4f~(i~~~i-'~~~`~~
the City; ~ ~ Laurie A. Hartmann
Protect the character and sta-
bility of neighborhoods within the
City;
Provide for minimum stan- Subscribed and sworn before me on
dards of maintenance for commer-
cialand residentialpropertywithin
the City and ensure compliance;
Establish amechanism to cause ~~'
correction to conditions on proper- this a ~ day of ~ e ~ t~ m j..Y. r; 2009
ties that do not comply with-the
standards of maintenance estab- -~~~,,,~,,,~,"..
lished herein.
Assist in the identification and ,~ , JYMME J. BARK
correction of dangerous or life ~~ ?NOTARY °UBLlC - M1NNE50TA
threatenin conditions that ma be ; i
identified within the City. y Notary Pub is ~ My Commission Expires 01131/2013
Provide a mechanism to miti- ~ ' ~"°~`~ ~~~?`""~'~"
gate potential public health issues ~
identified within the City.
609.200: Definitions: For the
purpose of this ordinance, the fol-
lowing definitions shall apply.
Accessory Structure means a RATE INFORMATION
use or a structure subordinate to Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
the principal use; or structure on Maximum rate allowed b law for the above matter ................................. $31.20 er column inch
the same land and customarily inci- Y p
dental thereto. Accessorybuildings Rate actually charged for the above matter .............................................. $12.43 per column inch
or structures.shall include, but are
not limited to: decks, porches, de-
tached garages, and sheds.
Building means any structure
having a roof which may provide
shelter or enclosure of persons, ani-
mals or chattel. Buildings shall in-
clude, but are not limited to: dwell-
ings, 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 recreationalfire on the prop-
erty.
Property means a legally de-
scribedparcel ofland, includingbut
not limited to structures. narking