Loading...
HomeMy WebLinkAboutResolution 2021-122 Approving Findings of Fact for an Ordinance Amending Text of Chapter 82City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2021-122 Motion By: Schultz Seconded By: Nichols M NA I fl Ifl M 40i" Nk WOS P%"M 0 SEIM October 26, 2027 (CITY FILE 21-052) WHEREAS, the Corcoran City Council has requested an amendment to Chapter 82 (Nuisances to limit t he hours of construction activites; and WHEREAS, the amendment would be consistent with other City Code standards and City policies; and WHEREAS, the amendments make edits to reflect the Council's vision to ease the impact Of construction activitie s on Corcoran residents; and WHEREAS, the City Council public meeting; has reviewed the proposed text amendments at a duly called NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corcoran, Minnesota, that it does approve an amendment to Chapter 62 (Nuisances) of the Cit,, Code to amend construction activites regulations, based on the following findings. 1. The proposed amendment limits and caused by construction activities. reduces the day-to-day burden on residents 2. The proposed amendment clarifies idling of equipment is a prohibited activity outside of permitted construction hours. The proposed amendment does not place an unnecessary burden on individual property owners completing their own projects or contractors completing necessary repairs due to a weather -related event. The proposed amendment balances the needs of developers and contractors with the needs of nearby residents. Page 1 of 11 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2021-122 VOTING AYE ® McKee, Tom ® Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean October 2d, 2021 VOTING NAY U McKee, will ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 28t"day of October 2021M ATTEST: Page 2 of 11 McKeayor City Seal CHAPTER 82: NUISANCES 82.1 : FINDINGS AND PURPOSE The purpose of this chapter of the City Code is to prohibit certain conduct that is harmful to the health, safety and welfare of the community and to prevent and abate nuisance conduct, events, characteristics or conditions and their harmful effects on city neighborhoods. The City Council finds that excessive noise, disruption and other public nuisance activities are injurious to the public health, safety and welfare and interfere with the quiet enjoyment of life and property. Nothing herein is meant to limit constitutional rights under the federal or state constitution. 82.2 DEFINITIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ENFORCEMENT OFFICER. Code Compliance Official, member of city staff, or persons authorized by the City to enforce the provisions of this chapter. GARBAGE. All putrescible animal, vegetable or other matter, including the cans, containers or wrappers wasted along with such materials. LOT LINE. The property line bounding a lot except that where any portion of a lot extends into an easement for public right-of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance. LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street or private drive easement, and in the case of a corner lot it shall be the shortest dimension on a public street or private drive easement. If the dimensions of a corner lot are reasonably equal, the front lot line shall be designated by the owner and filed with the City. However, all front lot lines shall be subject to the front setback requirements. LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line. LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line. LOT LINE, WIDTH. The maximum horizontal distance between the side lot lines of a lot measured at the required front lot line or ordinary high water level of the shoreline. OWNER. Any person, firm, corporation, or other partnership or organization who alone, jointly, or severally with others may be in ownership of, or have charge, care, or control of, any premises or business within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Page 3 of 11 OFF -ROAD VEHICLE (ORV). Motorized recreational vehicles capable of cross-country travel on natural terrain. Vehicles not considered ORVs include snowmobiles, all terrain vehicles (ATVs), off -highway motorcycles (OHMs), motorcycles, watercraft or ai rcraft. Farm, logging, military, emergency, law enforcement, utility, trail grooming, and construction vehicles are not considered to be ORVs when used for their intended purposes. PROPERTY. A parcel or contiguous parcels %J real property, including buildings and other structures thereon owned by the same legal entity and under common management. In the case of multi -unit residential or commercial property, the term shall apply to the entire complex. PERSONAL RECREATIONAL VEHICLE. All -terrain vehicles, utility task vehicles, golf carts, snowmobiles, off -highway motorcycles, mini -bikes, go-carts, and other motorized vehicles, that by their use fit this definition. PUBLIC PLACE. An area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those buildings in which food or drink is served or entertainment or lodging is provided. RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer with or without machine propelled power designed for temporary living quarters for recreation, . camping, or travel. REFUSE. All putrescible and non-putrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, ashes, street cleanings, abandoned automobiles, automobile parts, tires, demolition and construction debris, and market and industrial solid waste. REFUSE ENCLOSURE. An enclosure capable of containing all refuse and garbage stored by an establishment between pickups. All refuse enclosure construction plans shall be approved by the Building Official. RESIDENTIAL PROPERTY. Any real property containing a structure suitable for affording shelter for human beings, including any appurtenant or connected structure, including trailers, mobile homes, multiple -family dwellings, buildings containing multiple dwelling units and any property situated within a residential zoning district, as defined by this City Code. RUBBISH. Non-putrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. UNNOCUPIED TR.A.ILER. A trailer designed to be pulled by an automobile, van, or pick-up truck and used to transport personal property. VEHICLE. Aself-propelled machine designed and originally manufacture on roadways and shall include, automobiles, trucks, and motorcycles. Page4of11 d to operate primarily WASTE MATTER. Non-putre stone, brick, plaster, crockery, scible solid waste such as soil, earth , sand, clay, glass, glassware, ashes, cinders, shells, metal, noncombustible material which has b een or is to be discarded, gravel, loam, and all other WEEDS, and RANK VEGETATION. Includes but is not limited to the following: l . Noxious weeds and rank vegetation shall include but not be limited to : alum (alliums), Buckthorn, Bur Cucumber, Canada Thistle, Corn cockle, Cress leaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy White top, Hedge Bindweed, Hoary Cress, Horse nettle, Johnson grass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sow thistle, Poison Hemlock, Purple Loosestrife, Quack grass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip, Velvet weed, Bull Thistle, Chokeberries, Burning Nettles 2. Rank vegetation includes the uncontrolled, uncultivated growth of annuals andperennial plants. 3. In no event shall cultivated plants or crops include plants that have been defined by state statute or administrative rule as being noxious or detrimental plants. YARD, FRONT. An area extending the full width of a lot between the front line and the nearest principal structure. For the purposes of Chapter 82.04, Subd. 3., a corner lot shall have one front yard and it shall be the area extending the full width of a lot between the principal structure and the front lot line with driveway access to the principal structure. 82.3 DECLARATION AND NOTICE OF PUBLICNUISANCE The enforcement officer may apply and enforce any provision of this chapter relating to public nuisances within this jurisdiction. The enforcement officer or other designated City official shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life or public safety, or to facilitate, after proper notice, the abatement of a weed nuisance as defined by section 82.04 subd. 7 of this chapter, or as otherwise authorized by law, no enforcement officer or designated City official will enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing entry or for the purpose of making preliminary contact. 82.4 ACTIONS CONSTITUTING PUBLIC NUISANCES Subd. 1. In addition to those activities or conditions which fall within the definition of a nuisance in Minn. Stat. § 609.74, as it may be amended from time to time, all acts described, regulated and prohibited in the provisions of this section are hereby Page5of11 deemed to be, and are hereby declared to be, nuisances. Any person who shall cause or create any nuisance or permit a nuisance to be created to or to be placed upon or remain upon any premises shall, upon conviction thereof, be guilty of a misdemeanor. It shall be a misdemeanor for anyone to aid, abet, advise, encourage or assist another to violate any of the provisions of this section. All of such acts shall constitute misdemeanors. In addition, the City may enforce this section by injunctive action or other appropriate civil remedy. The following property conditions are declared to be nuisances affecting public peace, welfare and safety. Public Obstruction Nuisance A. All snow and ice not removed from public sidewalks within 24 hours after the snow and ice has ceased to be deposited thereon. Snow and ice remaining after 24 hours may be removed by the city or city's contractor and the property owner shall be liable for all costs for removal. B. All limbs of trees which are less than eight feet above the surface of any public sidewalk or nine feet above the surface of any street. C. The allowing of rain water, ice or snow to repeatedly fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. D. Depositing or storing snow or ice in the public right of way. E. Obstructions and excavations affecting the ordinary use of a public street, alley, sidewalk, public right of way, or other public property, except by a public agency or private contractor approved by the Public Works Director or designee. F. An unsecured hole or opening caused by an abandoned cistern, well pit, sewage treatment system, unused or non -maintained swimming pool, foundation, mine shaft or tunnel, or any other hole or opening in the ground of sufficient size or depth to pose a danger to the public or an attractive nuisance Storage Nuisance A. Construction materials, including, but not limited to, piles of dirt, sand, lumber, bricks, concrete blocks or sod, left in the open on property more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurred first. B. Discarded construction material or other litter at a construction site that is not placed in an adequate waste container or that is allowed to blow around or off the site. Page 6 of 11 C. A recreational vehicle, personal recreational vehicle, ORV, and unoccupied trailer is considered a storage nuisance when remaining in the same location for 72 hours. Except that: 1. recreational vehicles, personal recreational vehicles, ORVs and unoccupied trailers may be stored in the side or rear yard, provided they comply with a minimum setback of 10 feet. 2. No more than two of any recreational vehicle, personal recreational vehicle, ORV, and unoccupied trailer may be stored in the front yard, provided it is stored on an improved surface and complies with a minimum setback of 25 feet from the front property line. D. Vehicles may be stored in the side or rear yard, provided they comply witha minimum setback of 10 feet and are screened according to Chapter 1060.070. E. In accordance with City Code governing junk vehicles there collection of junk or inoperable vehicles as defined in chanter 8 shall be no 0, unused or unusable motor vehicle bodies, parts and engines and related accessories, with the exception of appropriately licensed pioneer, classic or collector vehicles as defined in Minn. Stat. § 168.10. F. The accumulation of rubbish, waste matter, disused furniture, appliances, machinery, automobiles and parts thereof, accumulations, which may become a harborage for rats, snakes or vermin or which may be conducive to fire, or which endangers the health, safety or welfare of the public or otherwise not allowed by Section 1060.010. G. Wood for burning in a fireplace, stove, furnace, or recreational fire site shallbe considered a nuisance unless it is properly stored as follows: 1. In a neat and secure stack, not exceeding 4 feet in height. 2. The wood stack i s not infested with ro dents . Subd. 4. Parking Nuisance A. A person must not cause, undertak vehicles on residential property requirements: e, permit, or allow the outside parking of unless it complies with the following 1. Vehicles that are parked or outside in the front yard areas must be on a paved, gravel, or otherwise improved parking surface or driveway area. Page 7 of 11 2. Vehicles stored outside on residential property must be owned by a person who resides on that property. Students who are away attending school for periods of time but still claim the property as their legal residence will be considered residents on the property. 3. A vehicle is considered to be parked if it remains in one location for less than 72 hours. For the purposes of this section a vehicle is considered to be stored when remaining in one location for 72 hours or more. Subd. 5. Noise Nuisance A. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably, disturbs, injures, or endangers the repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition shall not be limited by the specific restriction of the following sections: 1. Any noise that is in violation of Minn. Rule 703 0.003 0, as may be amended from time to time. 2. No person shall sound any audible signaling device on any vehicle except as a warning of danger pursuant to Minn. Stat. § 169.68. 3. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, or snowmobile, except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable State laws and regulations. 4. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise. 5. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, loudspeaker, sound amplifier, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. 6. No person shall operate a motor vehicle within the City in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency, or in violation of any Section of this Code relating to motor vehicles. 7. No person shall participate in any party or other gathering of people giving rise to unreasonable noise, disturbing the peace, quiet or repose of another person. When an Enforcement Officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises on which the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered to by the enforcement officer to do so. Every owner or tenantof such premises, who has knowledge of the disturbance, shall make everyreasonable effort to see that the disturbance is stopped. 8. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of soundon a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment orvehicle. 9. No person shall keep any animal that disturbs the comfort or repose of its frequent or continued noise as regulated anyperson in the vicinity by by Chapter 81 of this code. ' ,including the operation or idlin of any pile driver, pneumatic hammer, derrick, steam or electric hoist, bulldozer, or other equipment or tools, the use of which is attended by loud or unusual noise, shall be prohibited except between the hours of 7:00 a.m. to 7:00 p.m. on Monday through Friday, and 8:00 a.m. and 4:00 p.m. on weekends and holidays. Extended construction hours of 7:00 a.m. to 10:00 p.m. on Monday through Friday, and 8:00 a.m. to 8:00 p.m. on weekends and holidays may be a roved as activities are com sebarate contractor arcel, and are not art of a buildin er�nit when the construction leted by an individual property owner, and no and the construction activities are limited to a sin t a aI of construction activities which affect a broader development or which are part of activities to improve a contemplated subdivision of the parcel. Extended construction hours may also be approved when a contractor is completing necessary repairs due to damage caused by a weather -related event. Building permits establishinsi the approved is complete. construction hours shall be visibl osted until the prof ect 11. The operation of outdoor power implements, including but not limitedto an electric- or gas -powered implement such as a lawn mower, hedge clipper, chain saw, trimmer, leaf blower/vacuum, or other device designed primarilyfor outdoor use between the hours of 10:00 p.m. and 7:00 a.m. shall be prohibited. All implements shall be effectively muffled so as to prevent theemission of loud and explosive noises. The above restriction does not include the operation of Agriculture related equipment and any power implement utilized for snow removal within 12 hours of the end Page 0 of 11 of a snow event. B. waiver of these requirements can be obtained from the City Administrator or designee. The person wishing to receive exception to these rules to conduct necessary business may make a written application to the City stating when, why, and for how long the noise producing activity shall be conducted. If the request is denied by the City Administrator or designee, the applicant may appeal the decision to the City Council by appearing before the Council duringa regular Council meeting. Building Nuisance A. Any structure that has become dangerous for further occupancy because of structural or sanitary defects or grossly unsanitary conditions. B . Accumulations in permanent dwellings to such an extent preventing emergencyegress. C. The existence of any manufactured home, building or portion of a building which has stood with an incomplete exterior shell for longer than one year; or any building or a portion thereof which is. 1. Open to entry by persons without the use of tools or ladders; 2. A structure with multiple exterior housing code or building code violations; 3. A structure containing unfinished additions or partitions or any other unfinished structure; and 4. A dangerous structure, meaning any structure which is potentially dangerous to persons or property including, but not limited to a structure indanger of partial or complete collapse, or a structure which has parts such as porches, stairs, ramps and floors or roofs which are accessible and whichare either collapsed, in danger of collapsing or not able to carry their designed weight. weeI Nuisance A.. Maintenance of grass or weeds on a property at a height of more than 12 Inc es,except: 1. on slopes in excess of 3 : l within residential properties; 2. wetlands; 3. wetland buffers; Page 10 of 11 4. areas maintained in prairie or other native vegetation; 5 . areas subject to a conservation or similar easement; and 6. publicly owned parks, trails or nature areas. 7. on those portions of a property actively farmed or used for agricultural purposes. B. The weed nuisance may be abated following the procedure outlined in Section 82.5 Subd.3. Garbage and Refuse Nuisance A. The existence of refuse or garbage, noxious substances or hazardous wastes, accumulated, piled, left, deposited, buried or discharged upon, or in, or flowing from any property, structure or vehicle, except for refuse or garbagedepo sited at places designated and provided for that purpose by the City. Page 11 of 11