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HomeMy WebLinkAbout5D - City Code Section 600 Amendments CITY OF PRIOR LAKE ORDINANCE NO. xxx-xx AN ORDINANCE AMENDING SECTION 601 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that Section 601 of the Prior Lake City Code is hereby amended to add the following language: SECTION 601 GARBAGE AND REFUSE S : UBSECTIONS 601.100: D EFINITIONS 601.200: PA ROHIBITED CTS 601.300: GRC ARBAGE AND EFUSE OLLECTORS 601.400: PCR RECOLLECTION AND OLLECTION EQUIREMENTS 601.500: CS ONTAINER PECIFICATIONS 601.600: DGR ISPOSAL OF ARBAGE AND EFUSE 601.700: APCR IR OLLUTION ONTROL EGULATIONS 601.800: BP URNING ERMIT 601.900: ARAE GRICULTURAL URAL REA XCEPTIONS 601.1000: EEP NFORCEMENT AND NFORCEMENT ENALTIES (601.300 - 601.404 and 601.600 601.1000 were removed for purposes of this ordinance review only) 601.100 D: : For the purpose of this Section the following terms, phrases, words EFINITIONS and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. : Garbage Animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food and shall also include all other animal wastes. Refuse : Shall include all wastes which normally result from the operation of a household or commercial establishment, except body wastes and garbage, including but not limited to rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tires, rocks, household or commercial establishment construction material, cement, bricks, trees, leaves, hedge or tree trimmings, burning barrels, and mesh backyard burners, household or commercial establishment appliances and furniture or any other household or commercial establishment refuse or material small enough for one man to handle. The term "refuse" shall not include construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors, or trees in excess of six inches (6") in diameter. means old tin and iron cans and containers, old wood, cardboard and paper Rubbish: boxes, old metals, wire, rope, cordage, bottles, bags and bagging, rubber and rubber tires, paper, wood shavings, and all used or cast-off articles or material, including old plaster, brick, cement, glass, old building material, leaves, yard trimmings, weeds, dead weeds, dead trees, dead bushes or dead grasses whether or not still in ground at any height and similar materials. Commercial Establishment : Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold. Licensed Private Garbage, Rubbish, And Refuse Collector : Any person holding a valid license from the City for the collection of garbage, rubbish, and refuse. Residential Unit : Any single building consisting of three (3) or less separate dwelling places with individual kitchen facilities for each. It also includes any boarding house in a residential district. Park : A park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation. Public Place : Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. Litter : Garbage, refuse and rubbish, as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. Vehicle : Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. Health Officer : The City Health Officer of Prior Lake, Minnesota. 601.200 PA: : ROHIBITED CTS Litter in Public Places 601.201 : No person shall throw or deposit litter in or upon any street, sidewalk, sewer, storm drain, ditch, drainage canal, lake, river, waterway, park, trail, or other public place within the City except in public receptacles or authorized private receptacles for collection. Sweeping Litter Into Gutters 601.202 : No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any private or public sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk/s, public easement area, in front, side or rear of their premises free of litter, weeds, brush, snow ice, or any obstruction. Merchants Duty to Keep Premises Free of Litter 601.203 : No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the City, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway or allow litter on their premises to be deposited by the elements upon any street, sidewalk or other public place or upon private property. Litter Deposited on Public Property or in the Case of Private Property, 601.204 Deposited by a Person Other Than the Property Owner: When a person deposits litter on public property or on private property where the person is not the owner of such private property, that person shall immediately remove or cause the removal of that litter from the property at such own cost. 601.500 CS: : ONTAINER PECIFICATIONS Duty to Provide and Maintain Containers in Sanitary Conditions 601.501: Garbage, rubbish, and refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises located in such a manner so as to prevent them from being overturned. Such containers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes or other insects. No garbage, rubbish, or refuse container shall exceed thirty two (32) (96) gallons in capacity or have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof. Containers not complying with the requirements of this Section shall be promptly replaced upon notice. Containers shall be made of metal, plastic, or other suitable material which is rodent, fire and waterproof and which will not easily corrode and is equipped with suitable handles and tight-fitting covers and shall be kept tightly covered when there is garbage, rubbish, or refuse therein. Containers shall be of a kind suitable for collection purposes, and shall be of such size and weight that they can be handled by one person, and kept tightly covered when there is garbage, rubbish, or refuse therein. Storage of Garbage, Rubbish, and Refuse Containers 601.502 : Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view except on the day of the pickup. This Ordinance shall become effective from and after its passage and publication. th Passed by the City Council of the City of Prior Lake this 8 day of December, 2014 ATTEST: __________________ _____________________ City Manager Mayor th Published in the Prior Lake American on the 20 day of December, 2014 Drafted By: City of Prior Lake Building Department 4646 Dakota St. S.E. CITY OF PRIOR LAKE ORDINANCE NO. xxx-xx AN ORDINANCE AMENDING SECTION 605 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that Section 605 of the Prior Lake City Code is hereby amended to add the following language: SECTION 605 PUBLIC NUISANCES S : UBSECTIONS 605.100: PND UBLIC UISANCE EFINED 605.200: SCA PECIFIC ONDITIONS AND CTIVITIES 605.300: PNE ERMITTING UISANCES TO XIST 605.400: NA OTICE TO BATE 605.500: PPDB OSTING LACARD AND ANGEROUS UILDING 605.600: AC BATEMENT BY ITY 605.700: SVB ECURING ACANT UILDINGS 605.800: RE IGHT OF NTRY 605.900: CAC OLLECTION OF BATEMENT OSTS 605.1000: N OISE (605.100, 605.500 - 605.1011 were removed for purposes of this ordinance review only) 605.200 SCAA: : The following conditions are public PECIFIC ONDITIONS ND CTIVITIES nuisances whenever they may be found within the City: (1) Any weeds, litter (as that term is defined in Section 601.100) (except in authorized containers), dirt, or any will, offal, ashes, manure, yard cleanings, dead animals, or any other foul or unhealthy material; (2) Fallen trees, fallen tree limbs, dead trees and dead tree limbs which in the opinion of authorized enforcement officers constitute a health, safety or fire hazard or threaten the public welfare; (3) Any sewer, private drain, sinkpool, cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, skin, carcass, garbage, stagnant water, vegetable matter, rodents or any other substance that is offensive, nauseous, dangerous or uncomfortable to any person or to the neighborhood. (4) Failure to promptly pay any and all false alarm penalties as defined in Section 806.300 of the Prior Lake City Code. (5) Allowing any soil or other debris to wash or erode from private property or construction sites onto the public street, drainage system, adjacent property, ponds, wetlands or lake system. (ord. Amd. 111-04, pub. 5/7/11) (6) Failure to take appropriate measures to contain soil or sediment on a property or construction site from eroding, as described in subparagraph (5) above. (ord. Amd. 111-04, pub. 5/7/11) 605.201 Anyone carrying on or working in any trade or employment which shall be dangerous to the public health, hurtful to the inhabitants of the City or injurious to neighboring property or from which noisome odors arise shall be guilty of a violation of this Section if such person fails to cease and desist from such trade or employment within forty eight (48) hours from the time the City Manager, or authorized designees gives notice to such person to cease and desist. 605.300 PNTE: : It is unlawful for any person to permit any ERMITTING UISANCE O XIST public nuisance to remain on any premises owned or controlled by such person within the City. Such nuisances may be abated by the City in the manner prescribed by this Section. 605.400:Abatement : In abating or ordering the abatement of the nuisances defined in this Section, the City Manager or authorized designees shall cause or order the nuisance to be removed, Standard Abatement Procedure: 605.401 Whenever the City Manager or authorized designees determines with reasonable certainty that a public nuisance, as described by this Section, is being maintained or exists on premises in the city, the City Manager is authorized to abate a public nuisance according to the following procedures: 1. An owner of record or occupant of the premises shall be notified in writing that a public nuisance exists and that the nuisance shall be terminated or abated. The notice must state that if the owner or occupant fails to remedy the nuisance within the time provided in the notice, the City will abate the nuisance at the expense of the owner or occupant. a. The nuisance shall be abated no later than the date specified on the notice unless otherwise ordered by the City Manager or authorized designees. 2. The notice shall describe the nuisance and specify the measures to be taken to abate the nuisance. 3. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. 4. If the required actions specified in the notice of abatement are not complied with, the City Manager or authorized designees shall have the authority to obtain an administrative search warrant to enter the property and inspect the nuisance condition and to obtain a court order permitting the city to abate the nuisance. Abatement Procedure in Event of Imminent Danger 605.402 :If the City Manager or authorized designees determines danger is imminent, and delay in abatement measures may put public health, safety, or welfare in immediate danger, the City Manager or authorized designees may provide for abatement without following the abatement procedures set forth in 605.402. The City Manager or authorized designees must reasonably attempt to notify the owner or occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. Abatement in Emergency: 605.403 Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety on public or private property. Recovery of Cost of Abatement; Liability and Assessment: 605.404 1. The owner of a premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Finance Director shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable to the Finance Department. 2. On or before September 1 of each year, the City Finance Director shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Section. The Council may then levy the charges or any portion against the property involved as a special assessment under M.S. 429.101 and other pertinent statutes for certification to the County Auditor and collection in the following year along with current taxes. This Ordinance shall become effective from and after its passage and publication. th Passed by the City Council of the City of Prior Lake this 8 day of December, 2014 ATTEST: __________________ _____________________ City Manager Mayor th Published in the Prior Lake American on the 20 day of December, 2014 Drafted By: City of Prior Lake Building Department 4646 Dakota St. S.E. CITY OF PRIOR LAKE ORDINANCE NO. xxx-xx AN ORDINANCE AMENDING SECTION 606 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that Section 606 of the Prior Lake City Code is hereby amended to add the following language: SECTION 606 JUNK VEHICLES JUNK AND S UBSECTIONS 606.100: P URPOSE 606.200: D EFINITIONS 606.300: UD NLAWFUL ETAINER 606.400: RJJV EMOVAL OF UNK AND UNK EHICLES 606.500: PIJJV OLICE DENTIFICATION OF UNK AND UNK EHICLES 606.600: H EARING 606.700: NO OTICE TO WNER 606.800: CA OSTS TO BE SSESSED 606.900: JJVACN UNK AND UNK EHICLES BATEMENT IVIL IN ATURE 606.1000: P ENALTIES 606.100 606.1000 were removed for purposes of this ordinance review only) This Ordinance shall become effective from and after its passage and publication. th Passed by the City Council of the City of Prior Lake this 8 day of December, 2014 ATTEST: __________________ _____________________ City Manager Mayor th Published in the Prior Lake American on the 20 day of December, 2014 Drafted By: City of Prior Lake Building Department 4646 Dakota St. S.E. CITY OF PRIOR LAKE ORDINANCE NO. xxx-xx AN ORDINANCE DELETING SECTION 607 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that Section 607 of the Prior Lake City Code is hereby removed from City Code. This Ordinance shall become effective from and after its passage and publication. th Passed by the City Council of the City of Prior Lake this 8 day of December, 2014 ATTEST: __________________ _____________________ City Manager Mayor th Published in the Prior Lake American on the 20 day of December, 2014 Drafted By: City of Prior Lake Building Department 4646 Dakota St. S.E.