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Home My WebLink About1122 - ADMIN Ordinance - City Council - 1970/09/21• • • Original ORDINANCE NO. 1122 AN ORDINANCE REGULATING USE AND DEVELOPMENT OF THE CHANNEL, AND FLOOD PLAIN AREAS IN AND ABOUT MINNEHAHA CREEK. THE CITY OF ST. LOUIS PARK DOES ORDAIN: J Section 1. The St. Louis Park Ordinance Code is amended by adding new sections to read: Section 4:620 Right of Passage. It shall be unlawful for any person to obstruct the passage ofwafers in Minnehaha Creek, to place any artificial obstruction therein, to obstruct the passage of watercraft, or to interfere with the use by the public of the bed, banks, water of the creek, or its channel. Section 4:622 Artificial Obstruction Declared a Nuisance. Any artificial obstruction of the bed, banks, or flood plain of the creek is declared to be and to constitute a public nuisance, unless a permit to construct and maintain such obstruction has been obtained in the manner provided in the St. Louis Park Zoning Ordinance. Section 4:623 Removal of Natural Obstructions. As to obstructions in the flood plain for which permits have not been obtained, the City shall have the right of reasonable entry upon any lands or waters for the purpose of removing natural obstructions, including but not limited to fallen trees, silt, debris, and similar items. Section 4:624 Removal of Artificial Obstructions. If an artificial obstruction is found after investigation by the city, an order shall be issued to the owner, following ten days written notice and hearing thereon, for removal of the obstruction within such reasonable time as may be required considering the condition and type of artificial obstruction. If the owner shall fail to remove the artificial obstruction or if the owner cannot be found or determined, the city shall have the power to make or cause such removal to be made, the cost of which shall be borne by the owner or specially assessed against the lands in the same manner as prescribed by law for the levy of special assessments for municipal improvements. The special assessment shall be certified to the county auditor for collection in the same manner as the special assessments of the city for local improvements. Section 4:621 Encroachment on Bank or Flood Plain. No obstruction shall be placed upon the bank or flood plain of the creek unless done in compliance with the zoning ordinance and subdivision ordinance of the city of St. Louis Park. Section 2. The St. Louis Park Ordinance Code is amended by adding a new section to read: . Section 5:1060 Improvements in Flood Plain. No person shall place any building or permanent structure in area not protected against flooding unless the main floor 0 of the building or structure is at least three feet above the maximum flood height, and no basement or other floor shall be constructed below or at a lower elevation than the main floor, except structures constructed in conjunction with sound flood plain management and public recreational structures. • Section 3. Penalties. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300. 00) or by imprisonment for not to exceed 90 days, or both, and costs of prosecution may be added. The imposition of a criminal penalty shall not constitute a waiver of the right of the city or others to sedure removal of obstructions by injunction or other civil legal remedy. Section 4. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council September 21, 1970. Attest: .BL Pry ty Clerk Reviewed for administration: Appro,.ved as to form and legality: :-"/"..- ,....e_,..- fr-Ze...e.----. ' City/A ttorney Y • • ORDINANCE NO., 1122 Entitled: AN ORDINANCE REGULATING USE AND DEVELOPMENT OF THE CHANNEL, AND FLOOD PLAIN AREAS IN AND ABOUT MINNEHAHA CREEK ^ , i,'1'. -di by 7,_;•,;, e It/7° 9/21/70Taivod AyD 7 Nay _z.�e.i to 92170 `ffect4ve Date 10/9/70 Code Reference • 6601 W. 78th St. tt SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN State of Minnesota } CountyHennepin ofennep n Bloomington, Minnesota W JOHN BERTRAM, being duly sworn. on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows• (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of lis total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to erve the City of St. Louis Park in the County of Hennepin and it has its known office of e in the City of Bloomington in said county, established and open during its regular business s for the gathering of news, sale of advertisements and sale of subscriptions and main• ined by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1908 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance no • 1222 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Oil successive weeks; that it was first so published on thur. the 2L,th day of Sept, and was thereafter printed and published on every 19 70 to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghi jklmnopgrstuvwxyz abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this 2I. trh day of ALICE J NELSON Notary Public, Hennepin s Dec. ty, 26, M1 nn My Commission Exp Sep t. 19 70 (Official Publicadonl ORDINANCE NO 1122 AN ORDINANCE REGULATING USE AND DEVELOPMENT OF THE CHANNEL, AND FLOOD PLAIN AREAS IN AND ABOUT MINNEHAHA CREEK THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The St Louis Park Ordinance Code is amended by adding new sections to read Section 4•620 Right of Passage It shall be unlawful for any person to obstruct the pas- sage of waters in Mlnnehaha Creek, to place any artificial obstruction therein, to obstruct the passage of watercraft, or to interfere with the use by the public of the bed, banks, water of the creek, or its channel Section 4 622 Artificial Obstruction Declared a Nuisance Any artificial obstruc- tion of the bed, banks, or flood plain of the creek is declared to be and to constitute a public nuisance, unless a permit to construct aril maintain such obstruction has been obtained in the manner provided in the St Louis Pett Zoning Ordinance Section 4 623 Removal of Natural Obstruc- tions As to obstructions In the flood plain for which permits have not been obtained, the City shall have the nght of reasonable entry upon any lands or waters for the purpose of removirg natural obstructions, including but not limited to fallen trees, silt, debns, and similar items Section 4 624 Removal of Artificial Obstructions H an artificial obstruction is found after Investigation by the city, an order shall be issued to the owner, following ten days written notice and hearing thereon, for removal of the obstruction within such rea- sonable time as may be required considenng the condition and typeof artificial obstruc- tion H the owner l fail to remove the artificial obstruction or if the owner cannot be found or determined, the city shall have the power to make or cause such removal to be made, the cost of which shall be borne by the owner or specially assessed against the lands In the same manner as prescribed by law for the levy of special assessments for munictpal improvements The special assess- ment shall be certified to the county auditor for collection in the same manner as the special assessments of the city for local improvements Section 4 621 Encroachment on Bank or Flood Plain No obstruction shall be placed upon the bait or flood plain of the creek unless done in canpbance with the zoning ordinance and subdivision ordinance of the city of St Lows Park Section 2 The St Louis Park Ordinance Code is amended by adding a new section to read Section 5 1060 Improvements In Flood Plain No person shall place any budding or permanent structure in area not protected against flooding unless the main floor of the I building or structure is at last three feet above the maximum flood height, and no basement or other floor shall be constructed below or at a lower elevation than the main floor, except structures constructed in con- junction with sound flood plain management and public recreational structures Section 3 Penalties Any person violating Um provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars (130000) or by impnsonment for not to exceed 90 days, or both, and costs of prosecution may be added Tbe imposition of a criminal penalty shall not constitute a waiver of the nght of the city or others to secure removal of obstructions by injunction or other civil legal remedy Section 4 This ordinance shall take effect fifteen days after its publication 107Adopted by the City Council September 21, s/FRANK J HOWARD Mayor Attest s/EARL E HANSON City Clerk Approved as to form and legahty s/WAYNE G POPHAM City Attorney Reviewed for admrmstration s/CHRIS CHERCHES City Manager (Sept 24, 1970)—SLP • 0 File No. Affidavit of Publication ST.LOUISPARKSUN St Louis Park, Minnesota In The Matter Of •