HomeMy WebLinkAbout2018-381 Amending Text of Chapter 82 NuisancesCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2018-381
Motion By: Bottema
Seconded By: Thomas
CITY OF CORCORAN
October 25, 2018
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 82 OF THE CORCORAN CITY
CODE RELATED TO NUISANCES (CITY FILE 18-013)
THE CITY OF CORCORAN ORDAINS:
SECTION 1. Amendment of the Cit Code. The text of Chapter 82 "Nuisances" (General
Regulations) of the Corcoran City Code is hereby repealed and replaced in its entirety as
follows:
See Attached Exhibit A for full text of Chapter 82 "Nuisances"
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
VOTING AYE
® Thomas, Ron
® Bottema, Jon
® Dejewski, Brian
® Keefe, Mike
® Schultz, Alan
VOTING NAY
❑ Thomas, Ron
❑ Bottema, Jon
❑ Dejewski, Brian
❑ Keefe, Mike
❑ Schultz, Alan
Whereupon, said Resolution is hereby declared adopted on this 25t" day of October 2018.
ATTEST:
J
sica Beise — Ci
Cler
Ron Thomas -Mayor
Administrative Services Coordinator
City Seal
Exhibit A
CHAPTER 82: NUISANCES
82.01: 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.
82.02: 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.
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 t of the owner, or as trustee or guardian of
the estate or person of the title holder.
agen
OFF -ROAD VEHICLE (ORV). Motorized recreational vehicles capable ofcross-country travel
on natural terrain. Vehicles not considered ORVs include snowmobiles, all -terrain vehicles
(ATVs), off -highway motorcycles (OHMS), motorcycles, watercraft, or aircraft. 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 of 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. A snowmobile, all -terrain vehicle (ATV), golf
cart, go carts or dune buggy with or without machine propelled power and designed for recreation.
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 building
s in which food or drink is served or
RECREATIONAL VEHICLE.
with or without machine propelle
REFUSE.
limited to,
tires, demo
d
All putrescible and non-putrescible solid waste (except body waste) including, but not
garbage, rubbish, ashes, street cleanings, abandoned automobiles, automobile parts,
lition 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.
VEHICLE. Aself-propelled machine designed and originally manufactured to operate primarily
on roadways and shall include, automobiles, trucks, , and motorcycles.
WASTE MATTER. Non-putrescible solid waste such as soil, earth, sand, clay, gravel, loam,
stone, brick, plaster, crockery, glass, glassware, ashes, cinders, shells, metal, and all other
noncombustible material which has been or is to be discarded.
WEEDS, and RANK VEGETATION. Includes but is not limited to the following:
1. Noxious weeds and rank vegetation shall include but not be limited to: alum (albums),
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 and perennial
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.
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82.03: DECEAKA.I MN AND NOTICE OF PUBLIC NUISANCE.
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.
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
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.
Subd. 2. 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 bull
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.
ding or
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
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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.
Subd. 3. 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.
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 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.
D. Vehicles may be stored in the side or rear yard, provided they comply with a
minimum setback of 10 feet and are screened according to Chapter 1060.070.
E. In accordance with City Code governing junk vehicles there shall be no
collection of junk or inoperable vehicles as defined in chapter 80, 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. § 16 8.10 .
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 shall be
considered a nuisance unless it is properly stored as follows:
1. In a neat and secure stack, not exceeding 4 feet in hei ht.
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2. The wood stack is not infested with rodents.
3. The wood is not kept in a front yard.
Parking Nuisance
A. A person must not cause, undertake, permit, or allow the outside parking of
vehicles on residential property unless it complies with the following
requirements
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.
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.
Noise Nuisance
A. No person shall make or cause to be made any distinctly and loudly audible
noise that unreasonably, disturbs, injures, or endangersrepose, 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 o
from time to time .
f Minn. Rule 703 0.003 0, as may be amended
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
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muffler or other device that
effectively prevents loud or explosive noises there from and complies with
alI 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 tenant
of such premises, who has knowledge of the disturbance, shall make every
reasonable 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 rep roduction_of sound
on a street or other public place for the purpose of commercial advertising
or attracting the attention of the public to any commercial establishment or
vehicle.
9. No person shall keep any animal that disturbs the comfort or repose of any
person in the vicinity by its frequent or continued noise as regulated by
Chapter 81 of this code.
10. Construction activities between the hours of 10:00 p.m. and 7:00 a.m. on
Monday through Friday, and 9:00 p.m. and 9:00 a.m. on weekends and
holidays, including the operation 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.
11. The operation of outdoor power implements, including but not limited to an
electric- or gas -powered implement such as a lawn mower, hedge clipper,
chain saw, trimmer, leaf blower/vacuum, or other device designed primarily
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for outdoor use between the hours of l o:oo p.m. and 7:0o a.m. shall be
prohibited. All implements shall be effectively muffled so as to prevent the
emission 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
event.
end of a snow
B. 74 waiver of these requirements can be obtained from the �i#�-�uC
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 Citv Administrator or desi
ee. the aunlicant may appeal the
decision to the City Council by appearing before the Council during a regular
Council meeting.
Subd. 6. 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 emergency
egress.
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 in
danger of partial or complete collapse, or a structure which has parts such
as porches, stairs, ramps and floors or roofs which are accessible and which
are either collapsed, in danger of co
designeA weig
ht.
Nuisance
Subd. 7. Weed
Page 8 of 11
llapsing or not able to carry their
A. Maintenance of grass or weeds on a property at a height of more than 12 inches,
except:
l . on slopes in excess of 3:1 within residential properties;
2. wetlands;
3. wetland buffers;
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
82.05 Subd. 3.
Subd. 8. Garbage and Refuse Nuisance
abated following the procedure outlined in Section
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 garbage
deposited at places designated and provided for that purpose by the City.
82.05: ENFORCEMENT.
Subd. 1. Generally. Notwithstanding any other provision of this chapter regarding
enforcement and in conjunction therewith, any violation of this chapter may be
enforced by the enforcement officer or designee providing a notice of violation in
an attempt to have the violation voluntarily abated. If the violation continues, the
matter may be presented to the City Attorney. The City Attorney is authorized to
seek compliance by injunctive action or other appropriate criminal or civil remedy.
Subd. 2. Enforcement procedure.
A. Whenever the enforcement officer or other designated official determines that
a public nuisance is being maintained or exists on the premises in the City, the
official shall notify, in writing, the owner of record or occupant of the premises
of such fact and order that the nuisance be terminated or abated. If the premises
are not occupied, the owner of record is unknown, or if the owner of record or
occupant refuses to accept notice, notice of the violation shall be sere
p o sting it on the premises . The notice shall state
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ed by
1. The property location of the public nuisance;
2. The nature of the public nuisance, with reference to the appropriate chapter
provision;
3 . The steps to be taken to abate the nuisance and a reasonable amount of time
within which the nuisance is to be abated;
4. If the owner, occupant or other responsible party does not comply with the
notice within the time specified, the City may provide for abating the
nuisance;
5. The owner, occupant or other responsible party has the right to appeal the
designation as a public nuisance by submitting a written ap�eal to the
City Clerk before the date by which abatement must be completed or within
seven calendar days after provision of the notice, whichever comes first.
Subd. 3 . Abatement
A. Abatement shall be used as the enforcement method for violation of Section
82.04, Subd. 7 (Weed Nuisance). All other violations shall be processed
according to the enforcement procedures in Subd. 2 of this Section.
B. Upon receiving notice of the probable existence of weeds or tall grass in
violation of this subchapter, a person designated by the City Council shall make
an inspection and submit a written report regarding the condition. Written
notification in the form of a Destruction Order including information contained
in within the records of the City Clerk or any other city agency shall be
forwarded to the properly owner. The notice shall be served in writing by mail
or in person to the last known address of the property owner and shall request
that within 10 regular business days after the date of notice, the property owner
shall remove the designated violation. The owner of record or occupant of the
property responsible for the nuisance may request an extension to the abatement
deadline by submitting written explanation of how the nuisance will be abated.
Staff may grant an extension to the abatement deadline if sufficient reasons
were submitted.
C. The property owner may appeal by filing written notice of objection with the
City Clerk within 48 hours of the notice, excluding weekends and holidays. It
is the properly owner's responsibility to demonstrate that the matter in question
is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this
subchapter, and should not be subject to destruction under the subchapter. An
appeal by the property owner shall b
be decided by a majority vote of the
e brought before the City
Co
uncil and shall
Council Members in attendance and being
at a regularly scheduled or special meeting of the City Council.
Page 10 of 11
D. In the event that the property owner fails to comply with the Destruction Order
within ten regular business days and has not filed a notice within 48 hours to
the City Clerk of an intent to appeal, the city may employ the services of city
ide contractors to remove the weeds to conform to this
employees or outs
subchapter by all lawful means.
E. The property owner shall be liable for all costs of removal, cutting or
destruction of weeds. The property owner is responsible for all collection costs
associated with weed destruction, including but not limited to, court costs,
attorney's fees and interest on any unpaid amounts incurred by the city. If the
city uses municipal employees, it shall set and assign an appropriate per hour
rate for employees, equipment, supplies and chemicals that may be used. All
sums payable by the property owner are to be paid to the City Clerk and to be
deposited in a general fund as compensation for expenses and costs incurred by
the city. All sums due and not paid within 30 days of mailed billing notice to
the property owner's last known address shall be certified to the county and
assessed against the property, along with interest and a surcharge as set from
time to time by City Council resolution or ordinance.
Subd. 4. Recovery of costs.
A. The owner of the premises on which a nuisance has been abated by the City, or
a person who has caused a public nuisance on property not owned by that
person, shall be personally liable for the cost to the City of the abatement,
including administrative costs. All fees shall be charged against the property as
a special tax. Abatement costs shall include the cost of the abatement, the cost
of the investigation, such as title searches, inspections and testing, the costs of
the notification and filing costs. -
Subd. 5. Nothing in this section shall prevent the City, without notice or other process, from
immediately abating any condition that poses an imminent and serious hazard to
human life or safety.
82.06: PENALTY.
With the exception of noise violations under this chapter, all violation of this chapter shall be
punishable as a misdemeanor under the Minnesota State Statutes and punishable up to the
maximum sentence allowed therein. In addition, the City may enforce any provision of this chapter
by injunctive action or other appropriate civil remedy. A noise violation of section 82.04 Subd. 5
shall constitute a petty misdemeanor, and upon conviction, shall be punishable up to the maximum
sentence allowed for a petty misdemeanor offense under Minnesota law. The City's remedies
under this chapter shall be cumulative.
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