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HomeMy WebLinkAbout1861-91 - ADMIN Ordinance - City Council - 1991/07/011861-91 ORDINANCE NO. AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL ORDINANCE CODE, ADDING SECTIONS 11-113 THROUGH 11-120 CREATING AN ABATEMENT AND AN ASSESSMENT SECTION FOR NUISANCE VIOLATIONS AND AMENDING SECTION 11-103 ADDING SUBSECTIONS 15, 16 and 17, RUBBISH ACCUMULATIONS AND SIDEWALK DISREPAIR TO NUISANCE ORDINANCE. THE COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Chapter 11: Public Health and Safety, Public Nuisance in General is hereby amended by the addition of Sections 11-113 through 11-120 which are to read as follows: Section 11-113. Purpose. The purpose of the St. Louis Park Municipal Code Sections 11-113 through 11-120 is to provide the City with the authority, pursuant to Minnesota Statute § 429.101 as may be amended from time to time, to remove or eliminate public health or safety hazards from private property and to provide for the collection of unpaid special charges for all or any part of the costs incurred by the City to remove or eliminate the hazards. Section 11-114. Health or Building Official. The Director of Inspections, or his designate shall be the Health and Building Official ("Official") responsible under this Ordinance. A nuisance may be reported to the Official by the Chief of Police, the Fire Chief, the City Manager or City Inspectors for further investigation and subsequent enforcement. Section 11-115. Notice of Need to Abate Nuisance. Whenever the existence of any nuisance defined in this Ordinance, constituting a public health or safety hazard, within any lots or parcels of real estate situated within the City, shall come to the attention of the Official, the Official shall cause an investigation of the reported nuisance. After the investigation, the Official shall determine whether a nuisance exists. Upon finding a nuisance, the Official shall prepare a written notice and personally serve the notice upon the owner of the property. Owner shall be defined as the person listed as owner according to the current records of the Hennepin County Auditor. Such notice shall contain the name of the owner, his/her address (if known), the address of the property containing the nuisance and a description of the nuisance which must be abated at the owner's expense, and the time frame within which the nuisance must be abated as determined in the sole discretion of the Official. In determining the time within which owner must abate the nuisance, the Official shall consider, among other factors, the following: 1) the severity of the threat to public health and safety; 2) the size or magnitude of the nuisance; and 3) the number of persons affected by the nuisance. The notice shall further state if owner fails to abate the nuisance within the time provided in said notice, the City may enter onto owner's property for 1 i purpose of abating nuisance. Non-compliance with the required action will result in City action to abate the nuisance the cost of which will subsequently be assessed as a lien against the owner's property. If the owner's address is not known, service of the notice may be made upon a tenant, lessee, or owner's agent and shall also be posted upon the property. Where no owner or owner's agent can be found, the City Clerk shall cause the notice to be published once in the official City newspaper within ten (10) days of issuance of the notice. If publication is required, the City shall allow an additional ten (10) days from the date of publication for owner to comply with the __ notice of violation and abatement. Section 11-116. Time to Respond. The owner shall abate the nuisance, at the owner's expense, within the period of time contained within the notice. In the instance of publication of the notice, the owner shall have ten (10) days following the date of publication of the notice plus the amount of time provided in the notice to abate the nuisance. The Official shall cause an inspection of the property containing the nuisance to be made the day after the last day for abatement as stated in the notice or within such other time as may be reasonable and practical. -3- Section 11-117. Appeal. The owner shall have a right to appeal the notice as served by presenting the appeal to the City Manager within forty-eight (48) hours of service of the notice or within two (2) days of its publication; excluding weekends and legal holidays. Within seventy-two (72) hours of presentation of the appeal, the City Manager shall meet with the owner and the Official to hear the matter. The City Manager shall consider the issues and make a final decision within forty-eight (48) hours following the meeting. The owner shall be served by mail of the Manager's decision. The owner may appeal the City Manager's decision to the City Council. Within ten (10) days of receipt of the mailed decision of the City Manager, the owner shall make a request, in writing, to the City Manager to be placed on the agenda at the next regularly scheduled City Council meeting, to consider the owner's appeal of the City Manager's decision. The City Council shall consider the appeal and make a final decision. A final decision by the City Council is not appealable. Section 11-118. Enforcement/Abatement. If the owner of the property does not respond to the served, posted or published notice itemizing the nuisance and ordering it's 1 1 abatement, within the given time as specified in said notice, the Official may order the nuisance condition to be abated by either the City or contracted employees. The cost of abating the nuisance shall be compiled and a resolution prepared containing the name of the owner, the address and legal description,of the property containing the nuisance, the costs of abating the nuisance, and a recommendation to assess the property, as a special assessment, for the costs. The assessment proceedings shall be conducted as outlined in Minnesota Statutes, Section 429.101, as may be amended from time to time. Upon its passage, the resolution shall be submitted to the County Auditor by November 10 of that year for assessment of the costs as a lien against the property with the real estate taxes. The lien may be collected in a single annual installment, or spread over a period of up to ten (10) equal annual installments, to be determined at the sole discretion of the City Council. Section 11-119. Payment of Assessment. Upon passage by the City Council of the resolution of approval for assessment of costs incurred by the City to abate said nuisance, the City Clerk shall send a bill for the assessment amount to the owner. The owner may then pay the bill in full prior to its submission to the County Auditor. If owner fails to pay the assessment prior to its submission to the County Auditor, the City shall forward the assessment information to the County Auditor to create a lien against the owner's real estate as per Minnesota Statute § 429.101, as may be amended from time to time. Section 11-120.' Expenses Allowed. Expenses to be included in the abatement and assessment procedure above may include the cost of the abatement and any removal, publication of notice or of any notice of action of the City Council, posting and service of notices, departmental costs and expenses including legal fees, allowance for City employee time, overtime, and expense of any equipment used. Such costs shall be compiled and prepared for presentation to the City Council by the Official. Section 2. St. Louis Park Municipal Code Section 11-103 is amended by adding Subsections 15, 16 and 17: (15) The accumulation of rubbish, both organic and inorganic, upon property which as a result of its accumulation may cause odor, disease, infestation, attract a nuisance, or danger to others. (16) Public sidewalks which are in a state of disrepair such as buckling, broken pieces, pieces missing or in a condition which makes the sidewalk difficult for an individual to negotiate. -6- 7 41 (17) All other acts, omissions of acts, occupations and uses of property which are a menace to the public health and safety as determined by the Director•of Inspectional Services. Section 3. Severability. If any part or provision of this Ordinance or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application that is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this ordinance or the application thereof to other persons, entities, or circumstances. Section 4. Penalty. Any persons violating the provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with Section 2-203 of the St. Louis Park Municipal Code. Section 5. Effective Date. This ordinance shall take effect fifteen (15) days following its publication. Adopted By he City Council July 1, 1991. U Mayor ATTEST: Reviewed Reviewed for Administration: Reviewed For Form And Execution: City Manager City Attorney 1131ZNEH(36) -7- Minnesota Suburban Newspapers city of St. Louis Park (Official Publication) AFFIDAVIT OF PUBLICATION Summary ORDINANCE NO 1881-91 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL IP ORDINANCE CODE, ADDING SECTIONS 11-113 STATE OF MINNESOTA) THROUGH D-120 CREATING AN ABATEMENT AND AN ASSESSMENT SECTION FOR NUISANCE VIOLATIONS SS AND AMENDING SECTION 11-103 ADDING SUBSECTIONS 15, 16 AND 17, COUNTY OF HENNEPIN) RUBBISH ACCUMULATIONS AND SIDEWALK DISREPAIR TO NUISANCE ORDINANCE Gregory P t a c 1 n , beingdulysworn on an oath says that he/sh Summary This ordinance adds provisions for Y abatement of nuisance and the ascoc4ment of casts by 1) making the Director of Inspections 1 or his designate responsible for enforcement, 2) , the publisher or authorized agent and employee of the publisher of the newspaper known abatement of a nuisance upon notice to the owner or by the City with failure of owner to do so, 3) providing for time periods to respond to notice to S t . Louis Park Sailor abate a nuisance and to appeal to the City and has full knowledge of the facts which Manager and the City Council, 4) providuig for the costs of any abatement by the City to be an assessment on the property and 5) adds ac - stated below cumulabons of rubbish and sidewalks in disrepair to Section 11-103 of the City Ordnance Code as nuisances Effective Date This ordinance shall take effect (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newsp 15 days after Adoptedits by the City Council July 1, 1991 /s/ LYLE W HANKS or as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (The full text of this ordinance is available the City Clerk ) (July 10, 1991) -SLP (B)Theprinted Ordinance No. 1861-91 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one •successive weeks, it was first published on Wednesday , the 10 day Mof J U 1 Y , 19 91, and was thereafter printed and published on every to and including , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice • abcdefghgklmnopgrstuvwxyz /jq 1' BY Acknowledged before me on this 10 day of -Lk; J TITLE i0. MERIDEL NEDBLOM NOTARY PUBUQ—MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7-2-92 General Manager RATE INFORMATION $ (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 1 10 per tine (Line, word, or inch rate) $ 749, per line (Line, word, or inch rate) $ 621 per line (Line, word, or inch rate)