HomeMy WebLinkAbout88-06
CITY OF PRIOR LAKE
ORDINANCE NO. 88-06
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE.
The Council of the City of Prior Lake does hereby ordain:
Prior Lake City Code is hereby amended by adding a Chapter 5 to
Title 8 to read as follows:
CHAPTER 5
PUBLIC NUISANCES
8-5-1: PUBLIC NUISANCE DEFINED: Any condition which
unreasonably annoys, injures or endangers the safety,
health, morals, comfort, or repose of any considerable number of
members of the public, or interferes with, obstructs, or renders
dangerous for passage, any public highway or right-of-way, or waters
used by the public is a public nuisance.
8-5-2: SPECIFIC CONDITIONS AND ACTIVITIES:
(A) The following conditions are public nuisances whenever they
may be found within the City:
1. Any noxious weeds as defined in Minnesota Statutes
Section 18.171, dirt or rubbish, or any swill, offal,
garbage (except in authorized containers), 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 or thing that is
offensive, nauseous, dangerous or uncomfortable to any
persons or to the neighborhood.
(B) Anyone carrying on or working at 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 Chapter if such person fails to cease and
desist from such trade or employment within forty-eight (48)
hours from the time the Chief of POlice, Director of
Inspections, Commissioner of Health or their authorized
representatives gives notice to such person to cease and
desist.
8-5-3: 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 nuisances may be abated in the
manner prescribed by this Chapter.
8-5-4: When there exists on private property a condition which
is in violation of this Chapter, the Chief of Police,
the Commissioner of Health, the Building Official, the Director of
Planning, the City Manager, or their assistants shall cause a notice
to abate such nuisance to be served personally upon the owner of said
premises, or his agent, or the occupant of the premises, if the name
of such person can be readily ascertained. Such notice may be served
by mail in all cases where such owner, agent or occupant is not in
the City or cannot be found therein, and if his post office address
is known. Such notice may likewise be served by posting, for
twentY-four (24) hours, a copy of such notice upon the premises where
the nuisance exists, whenever the owner or agent thereof is not known
or cannot be found, and his post office address is unknown. Such
notice shall designate therein the time after the service, or the
mailing, or the posting of said notice, which the City considers a
reasonable time for the abatement or removal of said nuisance.
8-5-5: When a nuisance shall be such as to render the occupancy
of any building or premises within the City dangerous or
unhealthy, the Chief of POlice, the Commissioner of Health, the
Building Official, the Director of Planning, the City Manager, or
their assistants shall cause to be placed upon such building or
premises a placard warning the public that such building or premises
are unhealthy and should not be occupied until placed in a sanitary
condition. Such placard shall be placed upon such building in cases
where the nuisance is not abated within thirty-six (36) hours after
written notice to the owner or agent of such building or premises to
abate such nuisance.
8-5-6: If, at the end of the period fixed for the abatement or
removal of a pUblic nuisance, the nuisance has not been
abated or removed by the owner, agent or occupant, the City may cause
the same to be abated or removed in any manner deemed appropriate.
8-5-7: The Prior Lake Chief of POlice, the Building Official,
the Director of Planning, the City Manager, or their
assistants shall enforce the provisions of this Chapter, and for the
purpose of enforcing the same, or satisfying themselves whether there
has been any violation thereof, they shall, where they may have
reasonable cause to believe that this Chapter has been violated,
enter upon any premises whatsoever and make reasonable search and
examination after the existence or presence upon such premises of a
pUblic nuisance. No person shall resist, oppose or obstruct the above
officers in any manner in the enforcement of this Chapter.
8-5-8: All costs incurred by the City for the abatement and
removal of a public nuisance upon privately owned
property shall be assessed, levied and collected as a special
assessment payable in one sum or by up to ten equal annual
installments as the Council may provide against such premises, in the
manner provided by the law for the levy and collection of other
special assessments.
8-5-9: ENFORCEMENT AND ENFORCEMENT PENALTIES:
(A) In enforcing the provisions of this Ordinance, the Chief of
POlice, the Building Official, the Director of Planning, the
City Manager, or their assistants shall have the power to
issue citations for violation of this Ordinance.
(B) In addition, any violation of this Ordinance may be enjoined
by the City Council through proper legal channels.
(C) Any person, firm, partnership or corporation who violates this
Ordinance shall be guilty of a misdemeanor and upon conviction
thereof, be punished by a fine not to exceed seven hundred
dollars ($700.00) for each offense. Each day a violation is
permitted to exist shall constitute a separate offense.
This ordinance shall become effective from and after its passage and
PUblication.
Passed by the Council this 16
day of
May
, 1988.
.v
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PUblished in the Prior Lake American on the 23 day of May
1988.
Drafted By:
Lommen, Nelson, Cole & stageberg, P.A.
1100 TCF Tower
Minneapolis, Minnesota 55402