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HomeMy WebLinkAbout114-17 Public Nuisances CITY OF PRIOR LAKE ORDINANCE NO. 114-17 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 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.114-17 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 605PUBLIC NUISANCES SUBSECTIONS: 605.100: PUBLIC NUISANCE DEFINED Affidavit of Publication 605.200: SPECIFIC CONDITIONS Southwest Newspapers AND ACTIVITIES 605.300: PERMITTING NUISANCES TO EXIST 605.400: NOTICE TO ABATE 605.500: POSTING PLACARD State of Minnesota) AND DANGEROUS )SS. BUILDING 605.600: ABATEMENTBYCITY County of Scott ) 605.700: SECURING VACANT BUILDINGS 605.800: RIGHT OF ENTRY 605.900: COLLECTION OF ABATEMENT COSTS Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized 605.1000: NOISE agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- (605.100, 605.500 - 605.1011 dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as were removedfvr purposes of this follows: ordinance review only) 605SPECIFIC CONDITIONS AND ACTIVITIES: (A)These newspapers have complied with the requirements constituting qualification as a legal :Ue following conditions are newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as public nuisances whenever they amended. may be found within the City: (1) Any weeds, litter(as (B)The printed public notice that is attached to this Affidavit and identified as No. 7� that term is defined in Section was published on the date or dates and in the newspaper stated in the attached Notice and said 601.100) (except in authorized Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of containers),dirt,or any will,offal, the newspaper s specified.Printed below is a copyof the lower case alphabet from A to Z,both ashes,manure,yard cleanings, P P dead animals,or any other foul inclusive,and is hereby acknowledged as being the kind and size of type used in the composition or unhealthy material; and publication of the Notice: (2) Fallen trees,fallen tree limbs, dead trees and dead tree abcdefghijjkhnnopgrstuvwxyz limbs which in the opinion of authorized ed enforcement officersoy. � / �� j ��� ✓��/ constitute a health,safety or fire ,l. hazard or threaten the public B welfare; Laurie A.Hartmann (3) Any sewer, private drain, sinkpool, cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, Subscribed and sworn before me on skin,carcass,garbage,stagnant water,vegetable matter,rodents or any other substance that is offensive, nauseous, dangerous this d 11 day of ,j20,(X- 4A-,2014 or uncomfortable to any person or to the neighborhood. (4) Failure topromptly pay . . . . any and all false alarm penalties asrlefined in Section 806.300 of the Prior Lake City Code. 4. .__ �f (5) Allowing any soil or , �u� is .' ;O1'MSSI�+�EX 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) RATE INFORMATION (6) Failure to take appropriate measures to contain Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch soil or sediment on a property or Maximum rate allowed bylaw for the above matter $31.20 per column inch construction site from eroding, as described in subparagraph(5) Rate actually charged for the above matter $12.59 per column inch 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: PERMITTING NUISANCE TO EXIST: It is unlawful for any person to permit,any public nuisance to remain on any premises owned or controlled by such person within the City.Such 605.404 Reco"very of Cost uisances may be abated by the City in the manner prescribed by; of Abatement; Liability and this Section. Assessment: 605.400: ABATEMENT: In 1. The owner of a abating or ordering the abatement I premises on which a nuisance has of the nuisances defined in this been abated by the City shall be Section, the City Manager or' personally liable for the cost to the authorized designees shall cause] City of the abatement,including or order the nuisance to be administrative costs.As soon as removed, the work has been completed and 605.401 Standard Abatement the cost determined, the City, Procedure: Whenever the City Finance Director shall prepare Manager or authorized designees'. a bill for the cost and mail it determines with reasonable. to•the owner. Thereupon the certainty that a public nuisance, amount shall be immediately as described by this Section, is due and payable to the Finance being maintained or exists on Department. premises in the city,the City 2. On or before September Manager is authorized to abate a 1 of each year,the City Finance public nuisance according to the Director shall list the total unpaid following procedures: charges for each abatement 1. An owner of record or against each separate lot or parcel occupant of the premises shall be to which they are attributable notified in writing that a public under this Section.The Council nuisance exists and that the may then levy thecharges or nuisance shall be terthinated or any portion against the;operty abated.The notice md"st state that involved as a special assessment if the owner or occupant fails to under M.S. 429.101 and other remedy the nuisance within the pertinent statutes for certification' time provided in the notice,the to the County Auditor and City will abate the nuisance at the collection in the following year, expense of the owner or occupant along with current taxes. a. The nuisance shall This Ordinance shallbecome be abated no later than the date. effective from and after its passage, specified on the notice unless and publication. otherwise ordered by the City Passed by the City Council of Manager or authorized designees. the City of Prior Lake this 8th day 2. The notice shall of December,2014 describe the nuisance and specify, ATTEST: the measures to be taken to abate Frank Boyles,City Manager the nuisance. Kenneth L.Hedberg,Mayor 3. The notice maybe given (Published in the Prior in person or by mail.Failure of Lake American on Saturday, any party to receive the mail does December 20,2014;No.7341) 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. , 605.402 Abatement Procedure in Event of Imminent Danger: 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. 605.403 Abatement in Emergency: 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