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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 ~~~ 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