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CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 10, 2013
AGENDA #: 5B
PREPARED BY: LARRY POPPLER, CITY ENGINEER / INSPECTIONS DIRECTOR
PRESENTER: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CODE
ENFORCEMENT POLICY
DISCUSSION: Introduction
The purpose of this item is to consider adopting a code enforcement policy.
The policy is intended to outline the general process of Code Enforcement
within the City.
Hi StOry
Prior Lake's 2030 Vision and Strategic Plan adopted by the City Council
prioritizes consistent and proactive code enforcement to protect residential and
commercial assets. The Plan includes a goal within the Community Assets
section pertaining to code enforcement. This goal is shown below:
"Practice consistent, proactive code enforcement to protect residential and
commercial properties and report the results to the City Council in February of
each year."
In 2010, the City Council adopted the "Administrative Complaint Policy." This
document specifically dealt with excessive complaints, but it is not a
comprehensive code enforcement policy document.
Staff introduced a Code Enforcement Policy to City Council at a code
enforcement work shop on 5/13/13. This code enforcement policy is intended
to regulate only those enforcement/compliance processes, and activities,
specifically initiated by the City and includes all aspects of the Administrative
Complaint Policy.
Current Circumstances
A draft Code Enforcement Policy document has been created and is distributed
with this agenda packet. The policy is intended to provide guidance and
support for the Code Enforcement Program.
The draft Code Enforcement Policy incorporates the language of the "Adopted
Administrative Complaint Policy" as well as provides many other sections as
guidance and support of the City's Code Enforcement Program. The chapters
within the draft policy include:
I. Code Enforcement Program
II. Definitions
III. Reactive/Proactive Enforcement
IV. General Procedures
V. Excessive Complaints
VI. Repeat/Recurring Violations
VII. Immediate Enforcement Violations
VIII. Advanced Customer Service Pledge
IX. Annual Policy Review
Adopting this policy formalizes all aspects of the Code Enforcement Program
and provides support for City Staff and the Public on code issues.
ISSUES: The code enforcement policy is primarily a communications vehicle. It tells the
reader the areas in which city code sets forth certain expectations and
requirements for property owners. It also sets for the city's procedures for
enforcement. The policy does not have the force of law. It is simply an
articulation of the city's present position on such matters. The city council will
periodically review the policy and revise it as they see fit.
Conclusion
City Staff recommends adoption of the Code Enforcement policy to formalize
general procedures.
FINANCIAL This policy is not intended to change the City code enforcement program. As
IMPACT: such no new financial impacts are anticipated.
ALTERNATIVES: 1) Approve a Code Enforcement Policy.
2) Deny this item and provide direction to City Staff.
3) Defer this item and provide direction to City Staff.
RECOMMENDED Alternative No. 1
MOTION:
2
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RESOLUTION 13-xxx
A RESOLUTION APPROVING A CITY CODE ENFORCEMENT POLICY
Motion By: Second By:
WHEREAS, A fundamental role of local government is public health, and;
WHEREAS, Code enforcement facilitates the preservation of public health, and;
WHEREAS, Code enforcement is necessary to protect residential and commercial property values by
encouraging basic minimum levels of maintenance; and
WHEREAS, The Code Enforcement Policy provides guidance and support for the City's code
enforcement program.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Code Enforcement Policy dated June 10, 2013 is hereby adopted.
PASSED AND ADOPTED THIS 10T" DAY OF JUNE 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
http:/lsplash/teamstam(October A 2010tJune 10, 2013tCode Enforcement Policy - Res.doc
CODE ENFORCEMENT POLICY
Approved June 10, 2013
INTRODUCTION
The Code Enforcement Policy, approved by the City of Prior Lake City Council, provides guidelines for
enforcement of the City of Prior Lake Municipal Code, the Zoning Ordinance, and other regulatory codes
adopted by the City. This document is intended to regulate only those enforcement/compliance processes, and
activities, specifically initiated by the City.
CONTACT INFORMATION
City of Prior Lake Code Enforcement
4646 Dakota Street S.E.
Prior Lake, MN 55372
Direct Dial (952) 447-9811
Main # (952) 447-9800
Fax # (952) 447-4245
www.cityofpriorlake.com
POLICY SECTIONS
I.Code Enforcement Program
II.Definitions
III.Reactive/Proactive Enforcement
IV.General Procedures
V.Excessive Complaints
VI.Repeat/Recurring Violations
VII.Immediate Enforcement Violations
VIII.Advanced Customer Service Pledge
IX.Annual Policy Review
I. CODE ENFORCEMENT PROGRAM
Minnesota Statutes give the City Council the “power to provide for the government and good order of the City,
the suppression of vice and immorality, the prevention of crime, the protection of public and private property,
the benefit of residence, trade, and commerce, and the promotion of health, safety, order and convenience, and
the general welfare as it shall deem expedient.”
The Prior Lake 2030 Vision and Strategic Plan states as a specific goal that its ordinances shall be directed to
protect residential and commercial properties. To meet this objective, the City has developed a Code
Enforcement Program. The City has limited resources, so City staff also relies on residents and business owners
to provide information regarding code violations as well as self-initiated inspections.
A.STANDARD ENFORCEMENT POLICY
City of Prior Lake residents are supported in their efforts to maintain the physical environment of their
neighborhoods through standards set in local ordinances. To assist in this endeavor, the following code
enforcement policy has been established to guide the City in addressing properties with code violations.
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Code Enforcement Policy
This policy is a guideline and does not bind the City. The City may deviate from this policy at any time if at
the sole discretion of the City, a deviation is deemed appropriate.
Typical Violations
Junk Storage
Permit Violations
Garbage and Refuse
Tall Grass
Signage
Yard Parking
Right-of-Way
Animals
Junk Vehicles
Zoning Use
Property Maintenance
Public Nuisance
B.COMPLAINT PRIORITY CLASSIFICATIONS
City staff inspects every complaint it receives. When a violation is confirmed, the appropriate action is
taken. Due to staff and time constraints, it is sometimes necessary to prioritize complaints and violations.
When this happens, complaints are prioritized as follows:
1.Immediate risk to public health and safety.
2.High risk to health and safety through potential environmental impacts.
3.Work begun or actions taken without the necessary permits.
4.Aesthetic and nuisance violations.
II. DEFINITIONS
Abatement -
Abatements are the removal or repair of a substandard property conditions by the property
owner, agent, contractor or City.
Business Day -
In the context of this policy a Business Day is considered Monday through Friday, from 8:00
a.m. to 4:30 p.m. on a normally scheduled workday exclusive of holidays. Therefore, the next business day
would be the next day that the City is scheduled to be open.
City Code -
The City Code includes all ordinances passed by the City including those that have not been
codified.
Code Enforcement Officer – An employee of the City designated as the Code Enforcement Officer.
The term Code Enforcement Officer also includes all City employees authorized by City Code
Section 104.400 to issue citations.
Compliance Deadline -
The Compliance Deadline (re-inspection date) is the date compliance is required
and listed on the Notice of Violation, or Notice and Order. If compliance has not occurred by the compliance
deadline a misdemeanor citation may be issued, or an abatement process may be initiated. The Compliance
Deadline may be extended at the discretion of the Code Enforcement Officer.
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Code Enforcement Policy
Compliance Inspection -
The Compliance Inspection is the re-inspection of the property on or after the
date which is established when a notice is issued.
Courtesy Extension -
AAn Courtesy Extension provides additional time for a responsible party to fully
remedy any identified code violations. When a legitimate need arises a responsible party may request an
extension beyond the initial compliance deadline. Courtesy Eextensions are determined at the sole
discretion of the Code Enforcement Officer or other City official handling the matter.
Immediate Enforcement Violations -
Immediate Enforcement Violations are code violations where
immediate action is required to protect the public health, safety or welfare, the issuance of a written notice
is considered ineffective in deterring repeat, or future violations. As a result an immediate citation may be
issued.
Initial Property Inspection -
The Initial Property Inspection is the first inspection conducted on a property
where a new case is opened. During the Initial Property Inspection the Code Enforcement Officer records
any observed violations, attempts to make direct contact with the responsible party, establishes a
compliance deadline, and issues a notice.
Life Safety Hazard -
A life-safety hazard is any identified code violation that has the potential to directly, or
indirectly, cause bodily harm. Examples of life-safety hazards include, but are not limited to: vehicles
dangerously positioned on jacks, concrete blocks, wood, or other physical objects; certain types of right-of-
way obstructions; dead trees or trees leaning at precarious angles; missing or obscured building addresses;
swimming pools which are not properly fenced or secured; broken windows; electrical hazards; unsecured
structures; and any other hazardous conditions where there exists a foreseeable danger to the public. Note:
all life-safety hazards will be described as such on all written notices.
Misdemeanor Citation -
Misdemeanor Citations are formal criminal complaints issued by a Code
Enforcement Officer to the responsible party for uncorrected code violations. Person(s) issued a
misdemeanor citation are required to appear in the Scott County District Court.
Notice of Violation -
A Notice of Violation is a standard formal legal notification (written notice) issued by a
Code Enforcement Officer advising the responsible party that a violation(s) exists on their property. It also
establishes a compliance deadline. This written notice is principally designed to encourage timely voluntary
compliance.
Repeat/Recurring Violation -
A Repeat/Recurring Violation is a newly identified code violation on a
property involving the same responsible party for the same or substantially the same violation as identified
on a previous investigation within the last twelve (12) months. Note: the twelve (12) months is calculated
from the date of the Initial Property Inspection to the date of the Initial Property inspection of the new
violation.
Responsible Party
1.The listed owner(s) oin the Scott County Assessors real property information parcel record.
2.All tenants on the property.
3.Any person or entity creating a violation even if they are not the record owner or tenant.
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Code Enforcement Policy
For Llimited Lliability Companies, corporations, or other forms of businesses and corporations, the
responsible parties y is the listedare the priniciapls and Oofficers of the entity. as identified by the
Minnesota Secretary of State.
Voluntary Compliance -
Voluntary Compliance is achieved when all identified code violations are corrected
before the established compliance deadline. This allows the Code Enforcement Officer to pass the
inspection without the issuance of a citation, or the initiation of an abatement process. Voluntary
Compliance is considered the preferred method of resolving code violations.
III. REACTIVE/PROACTIVE ENFORCEMENT
A.REACTIVE (COMPLAINT BASED) ENFORCEMENT
The City of Prior Lake Municipal City Code, including but not limited to the Zoning Ordinance, and other
model regulatory codes adopted by the City are principally enforced on a complaint basis. This is
designed to encourage a resident, neighborhood associations, block watch programs, or other City
departments to actively participate in the enforcement/compliance process.
In the interests of providing improved customer service, all complainants will be asked to provide a
name and contact phone number. Note: all recorded complainant contact information is maintained
confidential to the extent allowed by law.
B.PROACTIVE ENFORCEMENT
The City may observe and respond to code violations during regular business, visits to areas for reactive
enforcement, or proactive code enforcement sweeps.
IV. GENERAL PROCEDURES
A.LIFE SAFETY COMPLAINTS
If the alleged violation concerns a potential health or safety hazard to the neighborhood or neighbors,
inclusive of open/vacant buildings, fire hazard and/or health hazards, or other health and safety
hazards, the City’s goal will be to respond within one (1) business day of receiving the complaint.
B.NON-LIFE SAFETY COMPLAINTS
If the alleged violation is not a potential health or safety hazard the City’s goal will be to respond within
five (5) business days of receiving the complaint.
C.NOTICE OF VIOLATION / NOTICE AND ORDER
Upon the initial property inspection the responsible party will be notified of any violation(s) discovered
during the inspection process through the issuance of a written notice. If the responsible party is not
available present to receive the written notice at the time of the initial property inspection, the notice
will be posted on the property in a conspicuous location and or may be mailed. The notice of violation
will specify a compliance deadline. The notice of violation will also list any observed code violation(s).
D.FINAL NOTICE OF VIOLATION – CITATION / ABATEMENT FOR NON-COMPLIANCE
Unless a violation is an immediate enforcement violation, any uncorrected code violations remaining
after the Compliance Deadline will receive a final notice of violation. After the final notice compliance
deadline, remaining violations are subject to misdemeanor, citation and/or the initiation of abatement.
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Code Enforcement Policy
In addition, a final notice will also provide an explanation that repeat/recurring code violations, on the
same property, within twelve (12) months are subject to expedited legal action as defined in Section V.
Repeat/Recurring Violations.
E.COURTESY EXTENSION
In general, Courtesy Extensions may be authorized for a specified period of any specified amount of
time. Responsible parties who demonstrate to the Code Enforcement Officer the existence of
circumstances requiring additional flexibility or deviation from the compliance deadline may be granted
an courtesy extension for a ny specified reasonable specified amount period of time based upon
consideration by the City of the following factors:.
1.Resolution of all Life-Safety Hazards
Courtesy extensions An extension will not be considered, or provided, to any responsible party
where a life-safety hazard exists or where active and verifiable steps to physically mitigate the
hazard are not in place.
2.Achievement of Measurable Progress
Upon the compliance inspection the property shows significant measurable improvement from the
conditions observed during the initial property inspection.
3.Establishment of Direct Communication
The responsible party establishes direct communication with the assigned Code Enforcement Officer
prior to the initial compliance deadline. Direct Communication could be face-to-face, e-mail, or
direct phone contact.
4.Written and/or Verbal Commitment to Voluntarily Comply
The responsible party states their intention to fully remedy all recorded violations on their property.
This statement can be made verbally to the officer or in writing after establishing direct
communication. The timeframes requested will be reviewed by the Code Enforcement Officer.
V. EXCESSIVE COMPLAINTS
The purpose of this section is to deal with situations where one or more parties inappropriately use the Code
Enforcement system. What begins as a complaint escalates into multiple complaints between two parties. Both
parties use the complaint process to antagonize each other.
The City has limited resources, in both staffing and funding, to manage complaints and code violations. The City
has the right to choose how to best use these resources in a fashion that prudently utilizes taxpayer resources.
The purpose of this Complaint Policy is to establish a protocol and standards for the Staff to use to determine
whether the enforcement tools available to the City are no longer effective. The City does not intend to ignore
complaints; Staff will continue to take the appropriate enforcement action when a legitimate City Code violation
exists. Depending on the nature of the Code violation and the impact the Code violation has on the health,
welfare and safety of the City and its residents, the City staff will prioritize the list of pending complaints it
receives. Staff may choose to limit the amount of follow-up in certain situations.
Staff will use the following guidelines to determine if a complaint is defined as excessive. Excessive complaints
are ongoing complaints where all or a majority of the following is defined are present:
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Code Enforcement Policy
1.The alleged violation does not pose an immediate risk to public health and safety, or there is no high risk to
health and safety through potential environmental impacts, or alleged violation is a private property
dispute.
2.The nature of the complaints move from reporting a legitimate Code violation to a frivolous complaint or a
complaint deemed to be to using the City to harass another party;
3.One or both of the parties has retained legal counsel;
4.3.One or both of the parties has threatened litigation against the City; or
5.4.The parties refuse to participate in process identified by the City (e.g., mediation) to attempt to resolve the
dispute.
Excessive and repetitive complaints by the same party or parties consume considerable staff time to inspect the
alleged violation, talk with the parties involved, write letters requesting corrective action, perform a follow up
inspection and potentially have further discussions with involved parties. There is no formula, either objective
or subjective to determine when City efforts have been unsuccessful. In determining whether City efforts has
been unsuccessful staff will consider the following:
1.How much time the City has invested in working with the parties to address the City Code violation.
2.Whether the City has recommended a viable solution that is achievable within a reasonable amount of time
(90 days).
3.Whether the nature of the violation is creating a dangerous situation that puts people and property at risk.
4.Whether the essential basis of the dispute is civil.
Once a determination is made, staff may consult with the City Attorney to determine the City’s legal obligations
and options. All future complaints from the parties must be in writing. Staff will investigate any subsequent and
unrelated complaints received from the parties and take the appropriate action. The staff will not follow-up
with the complainant.
VI. REPEAT/RECURRING VIOLATIONS
The Repeat / Recurring Violation process is designed to provide resolution through an expedited enforcement /
compliance mechanism for responsible parties who repeatedly violate City ordinances and who have
demonstrated an inability, or unwillingness, to responsibly maintain their property.
A.NOTIFICATION POLICY
Investigations where Repeat/Recurring Violations are identified will proceed through a procedural fast
track. The discovery of a repeat offense is cause to:
1.Issue a repeat/recurring violation warning notice
The Repeat Recurring Violation Warning Notice will be a final notice of violation that will be mailed
directly to the responsible party(s), via regular or certified U.S. Mail, to the address as listed on the Scott
County Assessor Record. This written notice will advise the responsible party that repeat/recurring
violations may be present on their property. Educational material describing other common code
violations may be included with the warning notice. As specified in the final notice of violation, a
compliance inspection will be made. At the time of this compliance inspection, any unresolved
repeat/recurring violations are cause to:
1.Issue a misdemeanor or citation;
2.Initiate an abatement process
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Note: An courtesy extension for Repeat/Recurring Violations may be reviewed and approved by the City.
VII. IMMEDIATE ENFORCEMENT VIOLATIONS
Certain types of illegal activities constitute an imminent public safety and health hazard. The following types of
illegal activities may result in the issuance of a misdemeanor citation without the benefit of receiving a written
notice:
1.Person(s) found illegally dumping litter, or waste, onto any property, vacant parcels, or City Right of
Ways.
2.Food vendor(s) who are selling food products without a license.
3.Merchandise vendors who are soliciting customers without a license.
4.Person(s) who allow a vehicle to remain unattended in a condition that it is openly accessible to the
public and that presents a life-safety hazard.
5.Person(s) found responsible for causing an obstruction of a public street, or sidewalk.
6.Other violations as determined by the City.
VIII. ADVANCED CUSTOMER SERVICE PLEDGE
The City is a professional governmental body that places a high-value on providing professional, advanced
customer service to the citizens with which we interact and serve. Governmental transparency, performance
efficiency, and public accountability are core values that guide our operational processes.
We Pledge Strive to Provide the Following Advanced Customer Related Services
An emphasis on public education and voluntary compliance.
When requested, keep complainants informed when contact information is provided.
Refer low-income qualified, owner occupied, property owners who may require special assistance to
known hardship assistance programs such as: non-profit volunteer organization.
IX. ANNUAL POLICY REVIEW
In April of each year, the City Council should receive a report from City staff regarding code enforcement activity
from the previous year. The number of violations by type should be communicated as well as the number of
proactive vs. reactive complaints.
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