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HomeMy WebLinkAbout1144 - ADMIN Ordinance - City Council - 1971/05/17e MAY 17, 1971 7A ORDINANCE NO. 1144 AN ORDINANCE AMENDING ORDINANCE NO. 781 ADOPTED APRIL 24, 1961, ENTITLED AN ORDINANCE PROVIDING FOR THE REMOVAL CF SNOW, ICE, AND RUBBISH FROM SIDEWALKS, THE ELIMINATION OF WEEDS FROM PUBLIC AND PRIVATE PROPERTY AND THE REPAIR OF SIDEWALKS AND THE COLLECTION OF THE COSTS OF SUCH WORK WHEN DONE BY THE CITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY, BENEFITED BY AMENDING SECTIONS 1:650 THROUGH 1:658 AND REPEALING SECTION 1:659. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Sections 1:650 through 1:653 of the St. Louis Park Ordinance Code are amended to read as follows: Section 1:650. Definition. The term "current service" as used in this ordinance means one or more of the following activities by the City of St. Louis Park: removal of dangerous snow, ice or rubbish from public sidewalks; elimination of weeds from public or private property; and repair of unsafe sidewalks. Section 1:651. Snow, Ice and Rubbish a Public Nuisance on Sidewalks - Removal by Owner. (a) All snow, ice and rubbish being on a public sidewalk in such quantities, or in such a manner, as to render the use of the sidewalk by a pedestrian unsafe, is hereby declared a public nuisance. (b) The owner or occupant of any property abutting a public sidewalk shall remove and clear away all snow, ice and rubbish from so much of the sidewalk as is in front of or abuts on the property as follows: (1) Snow and ice shall be removed from all sidewalks in all business districts within 4 business hours after the cessation of any fall of snow, sleet or freezing rain or by the beginning of business hours of the next business day following such fall, whichever period is shorter. Snow and ice shall be removed from all other sidewalks on the same day of the cessation of any fall of snow, sleet or freezing rain when at least 6 hours of daylight remain after the cessation, or otherwise by noon on the following day, whichever period is longer. (2) Rubbish shall be removed from all sidewalks within 12 hours after its accumulation thereon. eof Owner. Section 1:652. Sidewalk in Disrepair a Public Nuisance - Duty (a) A public sidewalk in such a condition of disrepair as to render its use by a pedestrian unsafe is hereby declared a public nuisance. (b) The owner or occupant of any property within the City abutting a public sidewalk shall keep the sidewalk in repair and safe for use by pedestrians. Repairs shall be made in accordance with standard specifications on file in the office of the city clerk. Section 1:653. Weed Elimination - Duty of Owner. (a) Any weeds, whether noxious or not as defined by state law, growing upon any privately owned lot or tract of land in the City or upon any public boulevard or similar public property alongside the traveled portion of a street or alley abutting the private property at a height greater than 6 inches are hereby declared to be a nuisance. (b) The owner or occupant of any such property shall prevent such nuisance on the property and, if such nuisance occurs, shall cut and remove the weeds from the property. Section 1:654. Weed Elimination - Notice. On or before June 1 of each year, and at such other times as ordered by resolution of the Council, the city clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to destroy all weeds declared by Section 1:652 to be a nuisance and stating that if not so destroyed the weeds will be destroyed by the Director of Public Works at the expense of the owner and if expenses thereof be not paid prior to the following September 1 the charge for such work will be made a special assessment against the property concerned. Section 1:655. Notice. When an owner or occupant permits a nuisance to exist in violation of Sections 1:651, 1:652, 1:653 or 1:654, the city clerk shall serve a notice on the owner of such property ordering removal, elimination, or repair of the nuisance within seven days after the service of such notice; such notice shall also state that in the event of non-compliance, removal or elimination will be done by the City of St. Louis Park at the owner's expense. When no owner or agent of the owner can be found notice shall be sent by registered mail to the person who is listed on the records of county auditor or county treasurer as the owner. Service will be complete with mailing. Section 1:656. Abatement By City. If the owner or occupant fails to comply with the notice within seven days after service, or if no owner, occupant or agent can be found the director of public works shall: -2- (a) Cause the snow or ice or rubbish constituting the nuisance to be removed; or (b) In the case of a public sidewalk which is unsafe and in need of repairs, report the facts to the city manager who in turn shall report them to the City Council. The Council thereupon, by resolution, may order the city manager to cause the sidewalk to be repaired and made safe for pedestrians by city crews or by contract let in accordance with law; or (c) Cause the weeds constituting the nuisance to be removed. Section 1:657. Personal Liability. The owner of property for which a current service has been performed shall be personally liable for the cost of such service. As soon as the current service has been completed and the cost thereof determined, the city manager shall prepare a bill stating the amount due for such current service and stating that if the bill is not paid prior to :.eptember 1st the same will be made a special assessment against the property concerned and shall mail the bill and notice to the owner and thereupon the amount shall be immediately due and payable at the office of the city treasurer. Section 1:653. Assessment. After September 1st of each year, the clerk shall list the total unpaid charges for each type of current service against each separate lot or tract of land to which they are attributable under this ordinance. The Council may then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429. 101 and other pertinent statutes, for certification to the county auditor and collection for the following year along with current taxes. Section 2. Revocation. Section 1:659 of the St. Louis Park Ordinance Code is hereby revoked. Section 3. Effective Date. This ordinance shall be in full force and effect 15 days after its passage and publication. Adopted by the City Council May 17, 1971. Rev' � e d for:: City Manager inistration: Approved as to form and legality: r er- City orney -3- • • ORDINANCE NO. 1144 'n itled• AN ORDINANCE APIE'DING ORDINANCE NO. 781 ADOPTLD APRIL 24, 1961, ENTITLED AN ORD. PROVIDING FOR THE REMOVAL OF SNOW, ICE, AND RUBBISH FROT1T SIDEWALKS,- THE ELIMINATION OF WEEDS FROM PUBLIC AND PRIVATE PROPERTY AND THF REPAIR OF SIDEWALKS AND THE COLLECTION OF THE COSTS OF SUCH WORK WHEN DONE BY THE CITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY, BENEFITED BY AMENDING SECTIONS 1:650 THROUGH 1:658 AND 'a• ALING SECTIQN 1:659. ,cu ,ed hT, Date Feac._ng,—D' e 5/10/71 Ta ived _ ccn,5 ote: ublished Date Aye 7 ,guy 5/20/71 Effective Date 6/4/71 Code Reference r • • 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minn State of Minnesota } County of Hennepin SS. J R RITCHAY, being duly sworn, on oath says he is and during all times here stab been the vice president and printer of the newspaper known as The St Louis Park Sti has full knowledge of the facts herein stated as follows (1) Said newspaper is printed English language in newspaper format and in column and sheet form equivalent in p space to at least 900 square inches (2) Said newspaper is a weekly and is distributed al once each week (3) Said newspaper has 50% of its news columns devoted to news of interest to the community which it purports to serve and does not wholly duplicate any, publication and is not made up entirely of patents, plate matter and advertisements (4 newspaper is circulated in and near the municipality which it purports to serve, has aj 5 copies regularly delivered to paying subscribers, has an average of at least 75% of it lation currently paid or no more than three months ii r in its local post -office (5) Said newspaper purpoi in the County of Hennepin and it has its known office c said county, established and open during its regular bust (Official Pubhcalioni sale of advertisements and sale of subscriptions and m. MAY 17, 1971 persons in its employ and subject to his direction and cr 44 7A hours and devoted exclusivelyduringsuch regular busini ORDINANCE AMENO DIN g AN ORDINANCE AMENDING ORDI- paper and business related thereto. (6) Said newspaper NANCE NO 781 ADOPTED APRIL 24, with the State Historical Society (7) Said newspaper 1961, ENTITLED AN ORDINANCE PROVIDING FOR THE REMOVAL OF conditions for at least two years preceding the day or ' SNOW, ICE, AND RUBBISH FROM i (8) Said newspaper has filed with the Secretary of State SIDEWALKS, THE ELIMINATION OF , WEEDS FROM PUBLIC AND PRIVATE and each January 1 thereafter an affidavit in the form PROPERTY AND THE REPAIR OF and signed by the publisher of said newspaper and sworn SIDEWALKS AND THE COLLECTION the newspaper is a legal newspaper OF THE COSTS OF SUCH WORK WHEN DONE BY THE CITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY, BENEFITED BY AMENDING SEC- TIONS 1 650 THROUGH 1 658 AND , REPEALING SECTION 1 659 Ordil2 THE CITY OF ST LOUIS PARK DOES He further states on oath that the printer' ORDAIN j Section 1 Sections 1 650 through 1 658 hereto attached as a part hereof was cut from the columnof the St Louis Park Ordinance Code are amended to read as follows I Section 1 650 Definition The term 'current service as used in this ordi- nance means one or more of the follow- ing activities by the City of St Louis and published therein in the English language, once each 'Park removal of dangerous snow, ice or rubbish from public sidewalks elim- ination of weeds from public or private property and repair of unsafe side walks Thum 20th' Section 1 651 Snow, Iceand Rubbish that it was first so published on the a Public Nuiseoce oa Sidewalks - Re - and was thereafter printed and published on every moval by Owner , (a) All snow ice and rubbish being on a public sidewalk in such quantities, or in such a manner as to render the use of the sidewalk by a pedestrian unsafe is hereby declared a public nuisance (b) The owner or occupant of any prop- erty abutting a public sidewalk shall I remove and clear away all snow ice with law, or (c) Cause the weeds constituting the, nuisance to be removed I Section 1 657 Personal Liability The owner of property for which a current service has been perfa med shall be — - - -- personally liable for the cost of such service As soon as the current service has been completed and the colt there- of hereof determined, the dty manager shall prepare a hill stating the amount due for such current service and stating that H the bill is not paid prim to Sep- tember 1st the same wit/ be made a special assessment against the proper- ty roperty concerned and shall mail the bill and notice to the owner and thereupon the amount shall be immediately due and payable at the office of the rity treasur- er Section 1 658 Assessment After September Ist of each year the clerk shall hst the total unpaid charges for each type of current service against each separate lot or tract of land to which they are attributable under this ordinance The Council may then spread the charges against property benefited as a special asseamnent un- der Minnesota Statutes, Section 429 101 and other pertinent statutes, for certifi- cation to the county auditor and collec- tion for the following year along with current taxes. Section 2 Revocation Section 1 659 of the St Louis Park Ordinance iCode is hereby revoked Section 3 Effective Date This ordi- nance shall be in full force and .dfect 15 days after its passage and publica- tion tioAdopted by the City Council May 17. 1 5/ FRANK J HOWARD Mayor and rubbish from so much of the side- walk as Is in front of cr abuts,on the property as toiows (1) Snow and ice shall be removed from all sidewalks m all,bumness dis- tricts within 4 business hairs after the cessation of any fall of snow, sleet or freezing rain or py the begin-, mng of business hours of the next businesslday following ,such fall, whichever period is shorter Snow and ice shall be removed from all other sidewalks on the same day of the cessation of any fall of snow, sleet or freezing rain when at least 8 hours of daylight remain after the cessation, or otherwise by noon on the following day, whichever period is to ei• (2) Rubbish sial be removed from all sidewalks within 12 hours after Its accumulation thereon Section 1 852 Sidewalk In Marmite a Public Nuisance - Duty of Owner (a) A public sidewalk in such a condi- tion of disrepair as to render its use by a pedestrian unsafe is hereby declared a pubhc nuisance (b) The owner or occupant of any prop- erty roperty within the City abutting a public sidewalk shall keep the sidewalk m repair and safe for use by pedestrians Repairs shall be made in accordance with standard speafications on file in the office of the city clerk Se. lion 1 853 Weed EBm{nadon - Duty of Owner (a) Any weeds whether noxious or not as defined by state law, growing upon any privately owned lot or tract of land in the City cur upon any pubhc boulevard or similar public property alongside the traveled portion of a street or alley abutting the private property at a height greater than 6 inches are hereby declared to be a nuisance (b) The owner or occupant of any such property shall prevent such nuisance on the property and, if such nuisance oc- curs n-curs shall cut and remove the weeds from the property Section 1 854 Weed Elimination - Notice On or before June 1 of each year, and at such other times as or- - dered by resolution of the Council, the city clerk shall publish once in the offi- cial newspaper a notice directing own- ers and occupants of property within the City to destroy all weeds declared by Section 1 652 to be a nuisance and stating that if not. so destroyed the weeds will be destroyed by the Direc- tor irectfor of Pubhc Works at the expense of the owner and if expenses thereof be not paid prior to the following Sep- tember 1 the charge for such work • 1 will be made a special assessment against the property concerned Section 1 855 Nodce When an owner or occupant permits a rulsence to exist in violation of Sections 1 651, 1 652, 1 653 or 1 654, the city clerk shall serve a notice on the owner of such property ordering removal, elimination, or repair of the nuisance within seven days after the sernce of such notice, such notice shall also state that in the 'event of non-camphance, removal or ebmination will be done by the City of St Louis Park at the owner's expense When no owner or agent of the owner can be found notice shall be sent by reg- istered mail to the person who is hsted on the records of county auditor or county treasurer as the owner Service will be complete with mailing Secdon 1 656 Abatement By City If the owner or occupant falls to comply with the notice within seven days after service, or if no owner, occupant or agent can be found the director of pub- lic works shall (a) Cause the snow or Ice or rubbish constituting the nuisance to be re- moved or (b) In the rase of a public sidewalk which is unsafe and In need of repairs, report the facts to the city manager who in turn shall report them to the City Council The Council thereupon, by resolution, may order the city manager to cause the sidewalk to be repaired and made safe for pedestrians by city crews or by contract let in accordance the day of 19 and that the following is a printed copy e 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 abcdefghilk lmnopgrstuvwzvz Subscribed and sworn to before me this 20th day of PleY (Notarial Seal) Alice J Nelson, Notary Public, )1 nnepm County, Minn My Commission Expires December 26, 1973 Attest a/ EARL E HANSON City Clerk Reviewed for administration s/ CHRIS CHERCHES City Manager Approved as to form and legabty s/ WAYN E POPHAM City Attorney (May 20,1971)—SLP File No. Affidavit of Publication ST. LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of