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2001-06-13NOTICE There will be a Joint Meeting Workshop of the Mound City Council and Planning Commission, to be held at 6:30 a.m., Wednesday, June 13, 2001, at Mound City Hall, to discuss amendments to the nuisance-related policies of the Mound City Code. Kandis Hanson City Manager e~-- 0 0 CHAPTER 92: HEALTH AND SAFETY; NUISANCES Section 92.01 92.02 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.35 92.36 92.37 92.38 92.39 92.40 92.41 92.42 92.43 92.60 92.61 92.62 92.63 92.64 General Provisions Assessable current services Tree diseases Nuisances Public nuisance Public nuisances affecting health Public nuisances affecting morals and decency Public nuisances affecting peace and safety Duties of city officers Abatement Recovery of cost Weeds Short title Jurisdiction Definitions; exclusions Owners responsible for trimming, removal and the like Filing complaint Notice of violations Appeals Abatement by city Liability Open Burning Definitions Prohibited materials Permit required for open burning Purposes allowed for open burning Permit application for open burning; permit fees 25 26 Minnesota Basic Code - General Regulations 92.65 92.66 92.67 92.68 92.69 92.70 Permit process for open burning Permit holder responsibility Revocation of open burning permit Denial of open burning permit Burning ban or air quality alert Rules and laws adopted by reference GENERAL PROVISIONS § 92.01 ASSESSABLE CURRENT SERVICES. (A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. CURRENT SERVICE. Shall mean one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in M.S. §§ 463.15 through 463.26 as they may amended from time to time; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect-infected trees from the public streets or private property; and the operation of a street lighting system. (B) Snow, ice, dirt and rubbish. (1) Duty of owners and occupants. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep the walk safe for pedestrians. No owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than 24 hours after its deposit thereon. Failure to comply with this section shall constitute a violation. (2) Removal by city. The City Clerk or other person designated by the City Council may cause removal from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 24 hours after any matter has been deposited thereon or after the snow has ceased to fall. The City Clerk or other designated person shall keep a record showing the cost of removal adjacent to each separate lot and parcel. (C) Public health and safety hazards. When the city removes or eliminates public health or safety hazards from private property under the following provisions of this chapter, the administrative officer responsible for doing the work shall keep a record of the cost of the removal or elimination against each parcel of property affected and annually deliver that information to the City Clerk. Health and Safety; Nuisances 27 (D ) Installation and repair of water service lines. Whenever the city installs or repairs water service lines serving private property under Chapter 52 of this code, the City Clerk shall keep a record of the total cost of the installation or repair against the property. (E) Repair of sidewalks and alleys. (1) Duty of owner. The owner of any property within the city abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians. Repairs shall be made in accordance with the standard specifications approved by the City Council and on file in the office of the City Clerk. (2) Inspections; notice. The City Council or its designee shall make inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles. If it is found that any sidewalk or alley abutting on private property is unsafe and in need of repairs, the City Council shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property, ordering the owner to have the sidewalk or alley repaired and made safe within 30 days and stating that if the owner fails to do so, the city will do so and that the expense thereof must be paid by the owner, and if unpaid it will be made a special assessment against the property concerned. (3) Repair by city. If the sidewalk or alley is not repaired within 30 days after receipt of the notice, the City Clerk shall report the facts to the City Council and the City Council shall by resolution order the work done by contract in accordance with law. The City Clerk shall keep a record of the total cost of the repair attributable to each lot or parcel of property. (F) Personal liability. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the City Clerk, or other designated official, sh.all prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City Clerk. (G) Damage to public property. Any person driving any vehicle, equipment, object or contrivance upon any street, road, highway or structure shall be liable for all damages which the surface or structure thereof may sustain as a result of any illegal operation, or driving or moving of the vehicle, equipment or object or contrivance; or as a result of operating, driving or moving any vehicle, equipment, object or contrivance weighing in excess of the maximum weight permitted by statute or this code. When the driver is not the owner of the vehicle, equipment, object or contrivance, but is operating, driving or moving it with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any such damage. Any person who willfully acts or fails to exercise due care and by that act damages any public property shall be liable for the amount thereof, which amount shall be Collectable by action or as a lien under M.S. § 514.67, as it may be amended from time to time. (H) Assessment. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each type of current service and charges under this section against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges against 28 Minnesota Basic Code - General Regulations property benefitted as a special assessment under the authority of M.S. § 429.101 as it may be amended from time to time and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. Penalty, see § 10.99 § 92.02 TREE DISEASES. (A) Trees constituting nuisance declared. The following are public nuisances whenever they may be found within the city: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum; (4) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease. (B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city. The City Council may by resolution order the nuisance abated. Before action is taken on that resolution, the City Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected property owner and published once no less than one week prior to the meeting. The notice shall state the time and place of the meeting, the street affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the City Council shall hear any property owner with reference to the scope and desirability of the proposed project. The City Council shall thereafter adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for the doing of the work by day labor or by contract. (C) Record of costs. The City Clerk shall keep a record of the costs of abatement done under this section for all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each. Health and Safety; Nuisances 29 (D) Unpaid charges. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by M.S. § 429.101 as it may be amended from time to time and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes. Penalty, see § 10.99 NUISANCES § 92.15 PUBLIC NUISANCE. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes w-ith, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or (C) Is guilty of any other act or omission declared by law or §§ 92.16, 92.17 or 92.18, or any other part of this code to be a public nuisance and for which no sentence is specifically provided. Penalty, see § 10.99 § 92.16 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; 30 Minnesota Basic Code - General Regulations (G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (J) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. Penalty, see § 10.99 § 92.17 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. Penalty, see § 10.99 § 92.18 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; Health and Safety; Nuisances 31 (C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) All obnoxious noises in violation of Minn. Rules Ch. 7030, as they may be amended from time to time which are hereby incorporated by reference into this code. (E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. (F) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section. (G) The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property. (H) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (I) Radio aerials or television antennae erected or maintained in a dangerous manner; (J) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (M) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (O) Waste water cast upon or permitted to flow upon streets or other public properties; 32' Minnesota Basic Code - General Regulations (P) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; (Q) Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch witth trash of other materials; (S) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire When passing over the substance; (T) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (U) All other conditions or things which are likely to cause injury to the person or property of anyone. Penalty, see § 10.99 § 92.19 DUTIES OF CITY OFFICERS. The Police Department or Sheriff, if the city has at the time no Police Department, shall enforce the provisions relating to nuisances. Any peace officer shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. § 92.20 ABATEMENT. (A) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice of violation. Written notice of violation shall be served by a peace officer on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate a nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. Health and Safety; Nuisances 33 (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. 03) Procedure. Whenever a peace officer determines that a public nuisance is being maintained or exists on the premises in the city, the officer 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. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (C) Emergency procedure; Summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that the nuisance be~ immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. Penalty, see § 10.99 § 92.21 ' RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill 34 Minnesota Basic Code - General Regulations for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk. 03) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other the charges as well as other charges for current services to be assessed under M.S § 429.101 against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. Penalty, see § 10.99 WEEDS § 92.35 SHORT TITLE. This subchapter shall be cited as the "Weed Ordinance." § 92.36 JURISDICTION. This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed. § 92.37 DEFINITIONS; EXCLUSIONS. (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESTRUCTION ORDER. The notice served by the City Council or designated city official, in cases of appeal, on the property owner of the ordinance violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. WEEDS, GRASSES 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 (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Health and Safety; Nuisances 35 Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Jotmsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as berberis vuIgaris or its horticultural varieties; (4) Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 12 inches. (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants. (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (B) In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants. § 92.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE. All property owners shall be responsible for the removal, cutting, or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property, which at the time of notice, is in excess of 12 inches in height. Penalty, see § 10.99 § 92.39 FILING COMPLAINT. Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated and filed With the City Clerk. If the city makes the complaint, an employee, officer or Council Member of the city shall file the complaint in all respects as set out above. § 92.40 NOTICE OF VIOLATIONS. (A) Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition. The City Council, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a "Destruction Order" 36 Minnesota Basic Code - General Regulations to the property owner or the person occupying the property as that information is contained within the records of the City Clerk or any other city agency. The notice shall be served in writing by certified mail. The notice shall provide that within seven regular business days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property. (B) (1) All notices are to be in writing and all filings are to be with the City Clerk. (2) Certified mailing to the City Clerk or others is deemed filed on the date of posting to the United States Postal Service. § 92.41 APPEALS. (A) The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council. It is the property 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. (B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council. § 92.42 ABATEMENT BY CITY. In the event that the property owner shall fail to comply with the "Destruction Order" within seven regular business days and has not filed a notice within 48 hours to the City Clerk of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means. § 92.43 LIABILITY. (A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter. (B) 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 which may be used. (C) 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. Health and Safety; Nuisances 37 (D) All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time. OPEN BURNING § 92.60 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIRE CHIEF, FIRE MARSHAL, and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal, and Assistant Fire Marshals of the Fire Department which provides fire protection services to the city. OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a "recreational fire" as defined herein. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as "open burning." RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height, contained within the border of.a "recreational fire site" using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. No more than one recreational fire is allowed on any property at one time. RECREATIONAL FIRE SITE. An area of no more than a three foot diameter circle (meastfred from the inside of the fire ring or border); completely surrounded by non-combustible and non-smoke or odor producing material, either of natural rock, cement, brick, tile or blocks or ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fireplaces. Burning barrels are not a "recreation fire site" as defined herein. Recreational fire sites shall not be located closer than 25 feet to any structure. STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open burn. 38 Minnesota Basic Code - General Regulations WOOD. Dry, clean fuel only such as twigs, branches, limbs, "presto logs," charcoal, cord wood or untreated dimensional lumber. The term does not include wood that is green with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreational fires when cut into three foot lengths. § 92.61 PROHIBITED MATERIALS. (A) No person shall conduct, cause or permit open burning oils, petro fuels, rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or paint fillers. (B) No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures. (C) No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food. (D) No person shall conduct, cause or permit open burning of any leaves or grass clippings. Penalty, see § 10.99 § 92.62 PERMIT REQUIRED FOR OPEN BURNING. No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a recreational fire as defined in § 92.60. Penalty, see § 10.99 ~ § 92.63 PURPOSES ALLOWED FOR OPEN BURNING. (A) Open burn permits may be issued only for the following purposes: (1) Elimination of fire of health hazard that cannot be abated by other practical means. (2) Ground thawing for utility repair and construction. (3) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights-of-way where chipping, composting, landspreading or other alternative methods are not practical. Health and Safety; Nuisances 39 (4) Disposal of diseased trees generated on site, diseased or infected nursery stock, diseased bee hives. (5) Disposal of unpainted, untreated, non-glued lumber and wood shakes generated from construction, where recycling, reuse, removal or other alternative disposal methods are not practical. (B) Fire Training permits can only issued by the Minnesota Department of Natural Resources. Penalty, see § 10.99 § 92.64 PERMIT APPLICATION FOR OPEN BURNING; PERMIT FEES. (A) Open burning permits shall be obtained by making application on a form prescribed the Department of Natural Resources (DNR) and adopted by the Fire Department. The permit application shall be presented to the Fire Chief, Fire Marshal, and Assistant Fire Marshals for reviewing and processing those applications. (B) An open burning permit shall require the payment of a fee. Permit fees shall be in the amount established in the Ordinance Establishing Fees and Charges, authorized by § 30.11, as it may be amended from time to time. Penalty, see § 10.99 § 92.65 PERMIT PROCESS FOR OPEN BURNING. Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire Marshal, or Assistant Fire Marshals shall schedule a preliminary site inspection to locate the proposed burn site, note special conditions, and set dates and time of permitted burn and review fire safety considerations. § 92.66 PERMIT HOLDER RESPONSIBILITY. (A) Prior to starting an open burn,/he permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by the permit holder or his or her competent representative. The open burning site shall have available, appropriate communication and fire suppression equipment as set out in the fire safety plan. (B) The open burn fire shall be completely extinguished before the permit holder or his or her representative leaves the site. No fire may be allowed to smolder with no person present. It is the responsibility of the permit holder to have a valid permit, as required by this subchapter, available for inspection on the site by the Police Department, Fire Department, MPCA representative or DNR forest officer. 40 Minnesota Basic Code - General Regulations (C) The permit holder is responsible for compliance and implementation of all general 'conditions , special conditions, and the burn event safety plan as established in the permit issued. The permit holder shall be responsible'Tot all costs incurred as a result of the burn, including but not limited to fh'e suppression and administrative fees. Penalty, see § 10.99 § 92.67 REVOCATION OF OPEN BURNING PERMIT. The open burning permit is subject to revocation at the discretion of DNR forest officer, the Fire Chief, Fire Marshal, or Assistant Fire Marshals. Reasons for revocation include but are not limited to a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present. Penalty, see § 10.99 § 92.68 DENIAL OF OPEN BURNING PERMIT. If established criteria for the issuance of an open burning permit are not met during review of the application, it is determined that a practical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the Fire Chief, Fire Marshal, or Assistant Fire Marshals, these officers may deny the application for the open burn permit. § 92.69 BURNING BAN OR AIR QUALITY ALERT. No recreational fire or open burn will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an Air Quality Alert. . Penalty, see § 10.99 § 92.70 RULES AND LAWS ADOPTED BY REFERENCE. The provisions of M.S. 9§ 88.16 to 88.22 and the Minnesota Uniform Fire Code, Minn. Rules Ch.: 1510, as these statutes and rules may be amended from time to time, are hereby adopted by reference and made a part of this subchapter as if fully set forth at this point. CHAPTER 93: STREETS AND SIDEWALKS Section General Provisions 93.01 93.02 93.03 Unloading on street or sidewalk Street and sidewalk obstruction Materials on street or sidewalk Right-Of-Way Construction Regulations 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 93.36 93.37 93.38 93.39 93.40 93.41 Election to manage the public right-of-way Definitions and adoption of rules by reference Permit requirement Permit applications Issuance of permit; conditions Permit fees Right-of-way patching and restoration Supplementary applications Denial of permit Installation requirements Inspection Work done without a permit Supplementary notification Revocation of permits Mapping data; information required Location of facilities Damage to other facilities Right-of-way vacation Indemnification and liability Abandoned facilities; removal of abandoned facilities Appeal Reservation of regulatory and police powers Cross-reference: Assessable current services, see § 92.0I 41 42 Minnesota Basic Code - General Regulations GENERAL PRO VISIONS § 93.01 UNLOADING ON STREET OR SIDEWALK. No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk, or other public way, without first placing some sufficient protection over the pavement. Penalty, see § 10.99 § 93.02 STREET AND SIDEWALK OBSTRUCTION. No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense. Penalty, see § 10.99 § 93.03 MATERIALS ON STREET OR SIDEWALK. No person shall encumber any street or sidewalk. No owner, occupant or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof. Penalty, see § 10.99 RIGHT-OF-WAY CONSTRUCTION REGULATIONS § 93.20 ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY. In accordance with the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to this chapter to manage rights-of-ways within its jurisdiction. § 93.21 DEFINITIONS AND ADOPTION OF RULES BY REFERENCE. Minn. Rules Ch. 7819, as it may be amended from time to time is hereby adopted by reference and are incorporated into this code as if set out in full. The definitions included in Minn. Rules part 7819.0100 subps. 1 through 23, as it may be amended from time to time are the definitions of the terms used in the following provisions of this subchapter. Streets and Sidewalks 43 § 93.22 PERMIT REQUIREMENT. (A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city. (1) Excavation permit. An excavation permit is required to excavate that part of the right-of- way described in the permit and to hinder free and open passage over the specified portion of the right- of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right-of- way permit before the expiration of the initial permit, and a new permit or permit extension is granted. (C) DeIaypenalty. In accordance with Minn. Rules part 7819.1000 subp. 3, as it may be amended from time to time and notwithstanding division (B) of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by the Ordinance Establishing Fees and Charges, adopted pursuant to § 30.11 of this code, as it may be amended from time to time. (D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. Penalty, see § 10.99 § 93.23 PERMIT APPLICATIONS. Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (A) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information: (1) Each permittee's name, gopher one-call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current Minnesota Basic Code - General Regulations information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: (a) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state, or a form of self insurance acceptable to the Director; (b) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (c) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all coverages; (d) Requiring that the Director be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; (e) Indicating compensation and umbrella and the public and to carry comprehensive liability coverage, automobile liability coverage, workers coverage established by the Director in amounts sufficient to protect the city out the purposes and policies of this chapter. (4) The city may require a copy of the actual insurance policies. (5) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06, as it may be amended from time to time as recorded and certified to by the Secretary of State. (6) A copy of the person's order granting a certificate of authority from the Mi~mesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency. (B) Payment of money due the city for: (1) Permit fees as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, estimated restoration costs and other management costs; · (2) Prior obstructions or excavations; (3) Any undisputed loss, damage, or expense suffered by the city because of the applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; or Streets and Sidewalks 45 (4) Franchise fees or other charges as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, if applicable. § .93.24 ISSUANCE OF PERMIT; CONDITIONS. (A) Permit issuance. If the applicant has satisfied the requkements of this chapter, the Director shall issue a permit. (B) Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. § 93.25 PERMIT FEES. Permit fees shall be in an amount established in the Ordinance Establishing Fees and Charges, adopted pursuant to § 30.11, as it may be amended from time to time. (A) Excavation permit fee. The city shall establish an excavation permit fee as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, in an amount sufficient to recover the following costs: (1) The city management costs; and (2) Degradation costs, if applicable. (B) Obstruction Permit Fee. The city shall establish the obstruction permit fee as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as~at ordinance may be amended from time to time, and shall be in an amount sufficient to recover the cffy management costs. (C) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay those fees within 30 days of billing. (D) Non-refundable. Permit fees as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time, that were paid for a permit that the Director has revoked for a breach as stated in .§ 93.40 are not refundable. (E) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. 46 Minnesota Basic Code - General Regulations (F) All permit fees shall be established consistent with the provisions of Mitre. Rules part 7819.100, as it may be amended from time to time. Penalty, see § 10.99 § 93.26 RIGHT-OF-WAY PATCHING AND RESTORATION. (A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 93.34. (B) Patch and restoration. The permittee shall patch its own work. The city may choose either to have the city restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, the permittee shall pay the costs thereof within 30 days of billing. If following the restoration, the pavement settles due to the permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minn. Rules part 7819.3000, as it may be amended from time to time. (C) Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rule part 7819.1100, as it may be amended from time to time. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. (D) Duty to correct defects. The permittee sh~ll correct defects in patching, or restoration performed by the permittee or its agents. The permittee upon notification from the Director, shall correct all restoration work to the extent necessary, using the method required by the Director. The work shall be completed within five calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under § 93.34. (E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do the work. In that event the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If the permittee fails to pay as required, the city may exercise its rights under the construction performance bond. (F) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee as established by the Ordinance Establishing Fees and Charges adopted pursuant to § 30.11 of this code, as that ordinance may be amended from time to time. Streets and Sidewalks 47 However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. § 93.27 SUPPLEMENTARY APPLICATIONS. (A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension. (B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. § 93.28 DENIAL OF PERMIT. The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. § 93.29 INSTALLATION REQUIREMENTS. The excavation, backfilling, patching and restoration, and all other work performed in the right-of- way shall be done in conformance with Minn. Rules part 7819.1100, as it may be amended from time to time and other applicable local requirements, in so far as they are not inconsistent with M.S. §§ 237.162 and 237.163 as it may be amended from time to time. § 93.30 INSPECTION. (A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minn. Rule part 7819.1300, as it may be amended from time to time. (B) Site inspection. The permittee shall make the work-site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 48 Minnesota Basic Code - General Regulations (C) Authority of Director. (1) At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The Director may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected. If proof has not been presented within the required time, the Director may revoke the permit pursuant to § 93.40. § 93.31 WORK DONE WITHOUT A PERMIT. (A) Emergency situations. (1) Each person with facilities in the right-of-way shall immediately notify the city of any event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. (2) If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency. (B) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for the permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter. § 93.32 SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, the permittee shall notify the Director of the accurate information as soon as this information is known. Streets and Sidewalks 49 § 93.33 REVOCATION OF PERMITS. (A) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by the permittee shall include, but shall not be limited, to the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittees control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to § 93.37. (B) Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy that violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (C) Response to notice of breach. Within 24 hours of receiving notification of the breach, the permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. The permittee's failure to so contact the city, or the permittee's failure to submit an acceptable plan, or the permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (D) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with the revocation. § 93.34 MAPPING DATA; INFORMATION REQUIRED. Each permittee shall provide mapping information required by the city in accordance with Minn. Rules parts 7819.4000 and 7819.4100, as it may be amended from time to time. 50 Minnesota Basic Code - General Regulations § 93.35 LOCATION OF FACILITIES. (A) Placement, location, and relocation of facilities must comply with applicable laws, and with Minn. Rules parts 7819.3100, 7819.5000 and 7819.5100, as they may be amended from time to time, to the extent the rules do not limit authority otherwise available to cities. 03) Corkidors. The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. Ail excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. (C) Limitation of space. To protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making those decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. § 93.36 DAMAGE TO OTHER FACILITIES. When the city does work in the right-of-way and finds it necessary to maintain, support, or move facilities to protect it, the Director shall notify the local representative as early as is reasonably possible and placed as required. The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that owner's facilities. § 93.37 RIGHT-OF-WAY VACATION. If the city vacates a right-of-way which contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minn. Rules part 7819.3200, as it may be amended from time to time. § 93.38 ' INDEMNIFICATION AND LIABILITY. By applying for and accepting a permit under this chapter, a permittee agrees to defend and indenmify the city in accordance with the provisions of Minn. Rule 7819.1250, as it may be amended from time to time. Streets and Sidewal~ 51 § 93.39 ABANDONED FACILITIES; REMOVAL OF ABANDONED FACILITIES. Any person who has abandoned facilities in any right-of-way shall remove them from that right-of- way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the Director. § 93.40 APPEAL. A right-of-way user that has been denied registration; has been denied a permit; has had permit revoked; or believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee as imposition will be writing and supported by written f'mdings establishing the reasonableness of the decision. § 93.41 RESERVATION OF REGULATORY AND POLICE POWERS. A permittees or registrants rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. AN OED[t,L~CE P~OVZDZ~G FO[ ~ DZSPOS~ ~ ~~ o~ ~[s~cas ~USSD S~ ~~D, J~D, OR [aOPE~TI~ ~EICLES PRIVA~ OR pUBLIC PROPERS, ~ ~OSING PE~TIES. THE CI~ OF HOYT ~S O~AINS: Section 1. Declaration of ~b[[c Nuisance. 1.01 The acc~ulation or storage of abandoned, wrecked, c[ally dismantled, or inoperative vehicles within t junked, ~ar - -- ..... eh" Round to create an unsightly con( city of o t bakes zs ~ ~ · tending ~oyreduce the value of private property, to.[nvzte plundering, to create fire hazards, to attract ve~zn, and to constitute an attractive nuisance creating a hazard to the he~ and safety of the public. The accumulation and outside stora~ such vehicles is dete~ined to be in the nature of rubbish, [: and unsightly debris, which adversely affect the health, safe~ general welfare of the Co,unity. Therefore, the accumulatio~ storage of such vehicles on public or private'property is her, declared to constitute a public nuisance which may be abated . provided herein or as provided under any other ordinance of t~ City of Hoyt Lakes or by the laws of the State of Minnesota. Section 2. Definitions. 2.01 For the purposes of this ordinance certain terms a words are defined as follows: A. PERSON: Person means any natural person, firm, partnership, association, corporation, company or organizatio any kind. B. AB~DONED VEHICLE: Abandoned means any vehicle to ~ the last registered o~er of record thereof has relinquished dominion, or ghat has remained for a period of more than 48 [ on public property illegally or lacking vital component part~ that has remained for a period of more than 48 hours on priv~ property without the consent of the person in control of suct property, or that has been in an inoperable condition for mo~ 48 hours, such that it has no substantial potential for furtt consistent with its usual functions, whether it is located o~ private or public property unless it is kept in an enclosed ~ or storage building. It shall also mean a motor vehicle voluntarily surrendered by its o~er to and accepted by the ( Appropriately licensed but inoperative pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section may be stored on the o~er's property, provided that such ve~ are screened from public view by means of a six foot high op. fence. C. VEHICLE: Vehicle means any motor vehicle as define Minnesota Statutes, Section 169.01, including automobiles, t motorcycles, tractors, sno~obiles, ATVs, and other self-pro machinery. D. INOPE~TIVE OR INOPE~BLE ~HICLE: Inoperative or inoperable vehicle means any motor vehicle which cannot be d or propelled under its o~ power in its existing condition c cannot be driven or propelled under its o~ power in a safe because of its ~ecked, junked or partially dismantled condi A vehicle which does not have a current vehicle license shal c~onsidered not in operable condition. E. VIT~ CO~ONENT PARTS: Vital component parts means par~s of a motor vehicle ghat are essential to the mechanic~ functioning of the vehicle, including, buc not limited to, ~ motor, drive train, and wheels. Section 3. Parking ~d Storage of Abandoned, Junked, Dis~ntled, ~d Inoperative vehicles prohibited. 3.0[ No person shall park, store or leave, or permit parking, storing, or leaving of any abandoned vehicle or an~ vehicle which is in a ~ecked, junked, partially dismantled We thank the City which supplied this material through the Friends of the Library Program. inoperative condition upon any property, including private pro; within the City of Hoyt Lakes for a period in excess of 48 hou~ unless: A. Such vehicle is completely enclosed within a building B. Such vehicle is under control of the City or its agen~ C. Such vehicle is stored or parked on private property connection with a business or commercial enterprise, operated , conducted in a lawful manner and when such parking or storing , vehicles is necessary to the operation of the business or commercial enterprise. D. Such vehicle is stored or parked on private property the owner thereof, or a member of his family, for the purpose making repairs thereto, or for the purpose of evaluating and inspecting damages or necessary repairs, provided that at all while said vehicle is so stored at least one half (1/2) of the total number of wheels of said vehicle are in contact with the ground and only one such vehicle be so stored or parked at any time. In the event of a vehicle stored as provided in (D) above said vehicle may be so stored for a period not to exceed 14 da after which time said vehicle shall be deemed "abandoned". Section 4. Failure to Remove Abandoned or Inoperative Vehicles is a Misdemeanor. 4.01 Any person who abandons a motor vehicle on any pub] private property without the consent of the person in control such property, or any person who fails, neglects, or refuses t remove the abandoned, wrecked, junked, partially dismantled oz inoperative vehicle or to house such vehicle and abate such nuisance in accordance with the provisions of this ordinance ~ be guilty of a misdemeanor. Section 5. Removal by City. 5.01 If the registered owner of any vehicle which is in violation of this ordinance or if the owner or person in lawf% possession or control of the property upon which such vehicle located shall fail, neglect, or refuse to remove or house suc] vehicle in accordance with this ordinance, the City Clerk, or police department, may remove and dispose of such vehicle in accordance with the provisions of Section 9. Section 6. Immediate Sale. 6.01 When an abandoned vehicle is more than seven model of age, is lacking vital component parts and does not display license plate currently valid in Minnesota or any other state foreign country, it shall immediately be eligible for sale at public auction and shall not be subject to the notification o reclamation provisions of Section 7 and 8. Section 7. Notice. 7.01 When an abandoned vehicle does not fall within the provisions of Section 8, the City Clerk or the Police Depart~ shall give, or cause to be given, within ten (10) days of the taking, written notice setting forth the date and place of t8 'the year, make, model, and serial number of the abandoned vef if such information can be reasonably obtained, and the plat% the vehicle is being held; shall inform the owner and any lienholders of their right to reclaim the vehicle under SectJ and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed ~ waiver by them of all right, title, and interest in the vehi( a consent to the sale of the vehicle at a public auction pur~ to Section 9. 7.02 The notice shall be sent by mail to the registere¢ owner, if any, or person in lawful possession or control of ~ property upon which said vehicle was abandoned and all readi[ identifiable lienholders of record. If it is impossible to determine with reasonable certainty the identity and address registered owner and all lienholders, the notice shall be publ once in a newspaper of general circulation in the area where t motor vehicle was abandoned. Published notices may be grouped together for convenience and economy. Section 8. Right to Reclaim. 8.01 The owner or any lienholder of an abandoned vehicl any person in lawful possession or control of the property upo which said vehicle was abandoned shall have a right to reclai~ vehicle ~rom the City of Hoyt Lakes upon payment of all towing storage charges and an administrative fee of $ 25.00 resulting the taking of the vehicle into custody within 15 days after date of the notice required by Section 7. 8.02 Nothing in this ordinance shall be construed to any lien of a garage keeper under the laws of this state, or right of a lienholder to foreclose. For the purposes of this section "Garagekeeper" is an operator of a motor vehicle stor~ facility, or an operator of a motor vehicle for vehicle stora~ facility, or an operator of an establishment for the servicint repair, or maintenance of motor vehicles. Section 9. Public Sale 9.01 An abandoned vehicle and its contents taken into c, and not reclaimed under Section 8 shall be sold to the highes' bidder at public auction or sale following ten (10) days publ notice thereof in the legal newspaper of the City. The purch. shall be given a receipt in a form prescribed by the registra motor vehicles which shall be sufficient title to dispose of vehicle. The receipt shall also entitle the purchaser to reg the vehicle and receive a certificate of title, free and clea all liens and claims of ownership. Before such a vehicle is a new certificate of title it must receive a motor vehicle sa check. 9.02 From the proceeds of the sale of an abandoned vehi the City of Hoyt Lakes shall reimburse itself for the cost of towing, preserving and storing of the vehicle, and all notice publication and administrative costs incurred pursuant to thi ordinance. Any remainder from the proceeds of a sale shall b for the'owner of the vehicle or entitled lienholder for a per 90 days and if not claimed shall thereafter be deposited in t City Treasury. 9.03 The City of Hoyt Lakes shall have the right, undeI ordinance, to bid on any abandoned or inoperative vehicle an¢ contents sold at public auction or, in the event that no bid~ received, to claim title to any such vehicle and contents. Section 10. Entry upon Private Property For Removal or Abatement. 10.01 Any person, at the direction of the City Clerk police department is hereby expressly authorized to enter upi private property for the purpose of enforcing this ordinance City Clerk and Police Department shall give such direction compliance with this ordinance, and all Federal or State law only when necessary. Section 11. Prohibition on City Streets. 11.01 It is unlawful for any person to abandon a vehic the right-of-way of highways, roads, and streets within the No person shall park or leave any vehicle in a wrecked, junk partially dismantled to inoperative condition in a right-of- any street, provided that a reasonable time, not to exceed 2 from the time of disability is permitted for the removal or servicing of a disabled vehicle in an emergency caused by am accident or sudden break-down of the vehicle. However, this not prohibit the City or police department from removing a v which is blocking or otherwise endangering traffic.' Section 12. Penalty. 12.01 Any person, firm, or corporation viola=in§ any provisions of this ordinance shall be §uilty of a petty misdemeanor, and shall be punished by a fine not to exceed $ 200.00, plus surchar§e, and/or costs.' Every day that the of: occurs shall be deemed a separate violation of this ordinance. Section 13. Effective Date. 13.01 This ordinance shall take effect and be enforced f and.after its passa§e and publication'as provided by law. Passed by the City Council of Hoyt Lakes, Minnesota, this 23rd day of September , 1991. -qqayor Gerald O'Dohnell ATTEST: Clerk Richard J. Bradford Published in the Range Facts Newspaper on October 3 (1) ~*e o~er vr ~oup~t ~ff~ ~*~ fly, (5) OYS ~r d~d'b~ ... a m~ ~ ~t out ~ section 12.3 l;'Su~i~ion 5. All ' ' ' ' pm~ny Shall confo~ to ~: pm~sio~ (30) days from i~ eff~five 'date, i:e., Co~eil. '. ' -;~, ~e s~e abatement pmeedum gt out followed to remove ~e offendhg g~ ~m ~ promises ~d ~sing &e cos~ cnc~o~a ~unmng or pm~y ~n~n~ h a Clo~ ~n~ner d~i~ for such p~ ~.'.{ w~th fie exception of crop msadue. keeping such l~d fmc of~t~ mat~, Section 2. Ci~.Code Section 4.60 $aMivhiom 4 lad 5 entitled "~TE~ AND VE~CLE OUTSIDE ~O~GE" and "~FUSE" mpecfful~ are he.by ~dopt~ in their e~fire~.~ pment~' he~in. Section 3. ~is o~ee s~l ~e effe~ u~n publication. Adopt~ fits Sfi ~y of J~e, 1999. Bill Ketchm, Mayor Ro~ W. Haeminger~~i~lor Published: J~e 15,1~9. Classification Municipality Date THE C~ COUNCIL OF DODGE CE~ER ORDAINS' ",:" ' '""':' '?~'; ' "',- ~. ~ ..,., ., .. ,.~ . ., .., ...,. ,.. :.,, 2) Non~onfo~g Vehicl~' ...... (a) .Ve~cle m~ ~ve~.veh~cle pull~ or selfpro~ll~ on my pubhc m~ oF highway, incl~g ~1~ of my kind. .. 2) ~e veht~le m~ qot lack e~nt:~ p~ ~t,~ould mndcr4t 3) ~e vehicle m~ not ~ ~ted, ~yond f~ibl~ ~pair, pafl~ally &sm~tle~ orj~ cond~hon. ' domed by ~c ci~."ln ~e event ~¢ o~er or ~ssor ~0t ~ I~t~,'~'eh'it s~l b¢ ~e ~nsibi!it~ Of the o~ of~e premism to ~mov~ ~c vehicle m a 4uly ju~y~d oi other au~ofi~d place ofdc~sit or sto~c.~ five working ~ys of demur by ~c city 3) Limits on Paring Confoming Vehicl~ : ', a) "CoMo~2ng~ shall ~ compli~c~ ~ fll ~c ~u~menm listed in p~graph (A)(~)(bNI-3) a~ve .... -,.~ : b) No mo~ ~ six (6) ~nfo~ing vehicles (motorized '~d non- motorized) may ~ pgked on ~y pmk, ~d ~¢n oMy on ~e ~ve~y.~ A driveway is defined ~ ~ ~prov~ ~ ofei~r grovel, ~phM~ or ~ncmte dir<tly front of a.g~e or o9. side ~[ho~ or g~. .~.. Re. search and Information Service held, {b) inform tho.owner and any lien- holders of their right to reclaim tho vehi, cie i. inder Section 6.3 of thi~ ordinance, and (c) state thatfailure of.the owner or lienholdeis to exer~Jise: :their right to recla m tl3e:veh~cle and contents Shall be dee.m,,ed a waiger by themOtall right,-ti, tle and interest in. the vehicle~ i~'r~d :contents and-a consent to .the sale of the vehicle and C6nt~nts at a publi~., auction pur- suant, t6,Secti0n 6.4 Of, this 0rdinanc,e,. If if/is, imlSossible to"det, ermine With reason'ab[ei, certainty tise-~.; identity and addres~ :i6¥}the.. re[jittered :'[/~,ner ~and all 'lieni56.1ders,lthe noti'ce Shall"b.e published once ina newspaper:of general circula- ti0r~ in'iwrigl-it ii~ount3)..' I~ibli//~e~l'notices may be ·grouped together {or' C°nven- ience and economy,. 6.3 Right .to/Re(~laim. The..oWner or any lienholder of ah' abandoned motor vehicle shall, have thb right 'to 'reClaim such vehicle'from the City upo0 payment of_all .towing and stgrage qharges.and other' costs resUlting from taking ..the vehicle into custody within'fifteen (15) days after the date of the ngtice required by Section 6.2 of this'ordinance. ' Nothing .in this ordinapCe.: shall be construed to impair any li//ff of a garage keePer; 'un~'er :the' jaws of thi's 'State, or the right of a' liedholder to' foreclose.· For 'the purposes of this section,. "garage keeper" is' an operator of a parking place or establishment,-an op'er, atotof a motor· vehicle, storage facility, or 'an.operator of an e~t//bli~hmen{;f0r.the S'~[V[cing, repair or mainte~anc;i~ of 'iTiotor Vehicles. 6.4 Phblic Sale of. Abahdoned Motor Vehicles. If an abandoned motor .vehicle and COntents taken into cdstody and not reclaimed .uDder Section 6.3 of this ordi- nance is 'sold at publi~ a~ictl0n'"Or ~;ale, it shall 'be sold to the highest bidder fol- loWing reasonable, published.'.notice of such. auction or sale. The purchaser shall be given a receipt in a form pre- scribed by ,the registrar of motor vehicles Classification Municipalit~ Date which sh~.ll be s~fficient' title to 'dispose of the vehicle. The receipt shall also enti- tle the purchaser to register the vehicle and receive a certificate bf. title, free and clear of all liens and claims o.f ownership. Before such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety Check.. Abandoned motor vehicles not sold' pursuant to Section 6.4 et this ordinance -. ..... . .. shall be disposed o'f' bY the City for their ' scrap value only 'in accordance with Section 6.5 of this ordinance. From the proceeds of a, sale under this section of an abandofled motor vehi, cle~ the City.shall' reimburse"Stself for the cost of towing, preserving 'hod storing the Vehicle, and all administrative, notice and publication costs .incurred in ham ·dling the vehicle ,pursuant>to this ordi- nance. Any remaihder f~om the proceeds of a sale shall be held for th~/Owner .of the vehicle or entitled lienhOlder for nine; ty (90) days and then shall 'be deposited : in thei.i{jeneral fund of the City. ' ;6;'5:!~Disposal Authority.' The City.may ., Coi~tfi~bt! with others or may utilize its "-- own~ equipment and personnel for the 'abah~t~n~d motor vehicles; .... Section 7. Repeal of Conflictina. Ordinances. All former ordinances or ~. parts thereof COnflicting or inCOnsistent with the provisions of this ordinance are . hereby repealed. Section 8. penaltv, Anv individual or property owner violati.ng this ordinance shall be guilty Of a misdemeanor and 'uPOn comJiction thereof Shall'be subject to .a fine of not more than '$700.00 or imprisonment for not more th~in 90 days, or both. Section 9. ~:I2[~2tJ3LB__D~T[~ This ordi- nance'shall be in full force and effect from and after its passage' and publica- tion acCording to law. Passed by the City Council of Howard Lake this 12th day of May, 2000. Gerald R, Smith, Mayor Gene Gilbert City Clerk '- Published in the Howard Lake- ,i Wayerly Hera!d, May 22, 2000:. ReSearch and Information Service Classification Municipality Date -'"(12) .Submit A 'Bill.' City of Howard Lake .per{;onnel 'shall submit a bill for said amount of .the total costs of the abatement to the property owner. The amount shall be immediately due and payable in full 30 days after the bill is mailed to the violator. The bill shall be payable at the office of the Clerk/Treasurer. ..(13). Unpaid Bills/Assessment~ If the bill is not paid-by the due date then the amount shall be a lien against"the 'Sub- jectlproperty and the amou·nt shall 'be collected as a.special assessment in the manner proi/ided by Minn. e,sota'Statutes, Chapter 429. con;e6tion'N0tice mu'st be"g'er~ed 'uiSon the' City Administrator or City Clerk/Tri~asurer within' ,7 days of the mailing of'..the Correctibns Notice...AII appeals shall be heard.'by'/tt~e City Council at their regular meetings.': Notice of the date of the aPp6al 'headn~ 'to be held before the City COqn6il' shall be mailed 'to the i, iola_tor -at.leastS10' days prior to the hearing. The-written decisidn of the City Council shall be' mailed tO the violator by mail. Any person 'aggrieved by-the decisioh of the C~Codncil 'Shall have. the right to appeal '{h~ 'd~)Ci~i6n of the City COuncil to the Wright County District Court. Any such appeal to the DistriCt Court must be Served upon the 'City Administrator or City Clerk/Treasurer and filed in the Wrigtit- County Court Administrator's Office with- in twenty (20) days after it is served by mail uPon the violator. 3.4 Emergency Case. The City Council or its appointee shall have the authority .to determine which violations constitute an emergency case. (An emergency case has no appeal process and requires immediate action.) When the officer charged with enfo[cement determines that an inoperable or unli- censed motor vehicle constitutes a seri- ous and imminent danger to the public safety, or health, the officer may .sum- _.m,,a, ril.y, remove the motor vehicle after a reasonable attemp, t to notifY the owner o~ occupant off,he 'j~roperty. 'Fhe' officer shall immediately thereafter notifY in writ- ing the owner or occupant of the premis- es of the action taken. The 'notice shall - be s, erved in person.or by mail. Sedtion 4. Definitions.of'Abandoned Motor Vehicles. 4.1. D.e. finift0ns. An abando6ed motor vehicle means (a) a motor, vehicle which has remai.n, ed for a period of more than forty-eight (48) hours on public ProPerty illegally; (b) a motor vehicle which has ~remained on private property.for more · .than forty-eight (48) hours without the consent of the person in :control. of. such property; (c) a motor vehicle' Which ha's remained on private property for more · th.a~}~orty-eight (48) hours, without the. i ~.°'r~:~t of the person i~i '~/~{i'~l Of such "prol~'rty in an inoperable condition; or (d) a motor vehicle 'voluntarily surren- dered bY .its owner to.and accepted by the City of Howard Lake. 4.2 "Storage of Abandoned Motor Vehicle". A vehicle, shall:,.not be. deter;. mined .to be abandoned .when .kept in an enclosed.garage. 'oi:.LenCios6d'~'.storage b~lilding:-(A v~hi~l~"' ~)6'r~l"'~"~-b.~ ~i:j~: i~ not considered, enclosed bY'{his' Ordi-. nance.) A .vehicle shall not be .'deter- mined to be abandoned.if it~is being actively and consisteRtly worked on and the premises on whid'll the work i§ being done are. maintained in ~n"°tderiy man~ ner, provided that no more than one (1) such vehicle is in a condition that would otherwise qualify them as abandoned .at any one time or in the case where a res- idential home does not have a garage. 4.3 "City" as used in this ordinance means the City of HoWard Lake.- 4.4 "Classic Cars".:A h~6tdr 'vehicle with pioneer, classic car, cOllector or street rod license shall be considered an abandoned vehicle if it meets the defini- tion of an abandoned motor vehicle. 4.5 "Abandoned Vehicles and Land Uses". Vehicles on the premises of junk yards and automobile graveyards, which are defined, maintained and licensed in accordance with Minnesota Statutes Section 161.242, or which are licensed and' maintained in accordance with local aWs and zoning regulations shall not be '.considered abandoned motor vehicles. ; 'Section 5. Violations-Pertaining to Abandoned Motor Vehicles. 5.1 Any person or corporation who abandons a motor vehicle on any public or private property, without the consbnt lof the person in control of such property, or otherwise violates this ordinance, is guilty of a misdemeanor. 5.2 Any person or corporation who, in violation of this ordinance, permits an abandoned mbtor vehicle to remain on his or it's 'p~emises for more thad forty- eight (48) hours is guilty of a misde- meanor. Section 6. Abatement Procedure Pertaining to Abandoned Motor VehiCles. 6.1 Custody of Abandoned Vehicles. The City may take into custody and impound any abandoned motor vehicle which is in violation of this ordinance. -~----'6:2 Notice. Within teh (10) days after "i the City has'.ta.k..en an' 'abandoned motor , vehicle into c'u'Stody the City shall give a i.wdtten notice {o tlie registered owner of {the vehicle and:.to all readily ident!fiable , lienholders of record. The notice shall (a) !set forth the date and' place of the taking, I the yea'r, mak'e; mod6] and serial number :!of the abandoned motor vehicle, if such ',information can be reasonably obtained, iand the place where the vehicle is being : Rexearch and Information Service Classification Municipality Date (a) The nature .of th~ violation'- and The City shall give~'~aid written notice to appropriate ordinance citation, the property owner'~ of the taking Of all (b) The necessary action needed .to. inoperable or unlicensed motor vehicles correct the.violation, into custody within.' ten (10) days from (c) The date by which the corrections the date of the tb, l~ihg. The notice shall must be made before the City will seek (a) set forth the date and place of the abatement. -~ ': taking, the.year, make, model and serial (d) The right of and the manner for the . number of the motor vehicles, if such alleged violator to request a .hearing information.ca!!b.e..rg_a, sg. nablyobtai,n..e.~d, before the City Council unless it is an and the place Wh~re the .vehicles are emergency case. being held, (b) in~o"t~, the owner and 'any (e) A'description of the penalties if the lienholde~" of their ,right to reclaim the · violation is not corrected, vehicles under the ifollowing subsection (f) A ~statement'tha~ 'all costs incurred 8 of this ordinance,.:a, nd (c) state that fail- by the City in abating the violation shall u~e of the owner or~ienholders to 'exer- be assessed against the property; ..ci'se their right to rec¥~.im the vehicle and (4) Serve .Correction Notice. T.h,.e.?.,!.;-;;contents shall be deemed a waiver by Correction .Nobce shall be served to the .. :... ~. them of all right, {itle'~and interest in the property owner iri person or by mail.' If:,.')' ~. - vehicle and contents' and a consent to the pr~mises are not occupied and/or the Sale of the vehicle and contents at a owner is unknown, the Correction Notice public auction, or! the disposal of the may be served by posting it on the prem- , vehicles by the c~ty for scrap value only, ises. The removal of all.inoperable or pursuant to the following Subsection 9 of unlicensed motor '~/ehicles shali be this ordinance. accomplished by the' property owner .... The notice shall"be sent by mail to within 13 days Of mailing of {de the property ownerandtothe registered Correction Notice,, unless a shorler or owner, if any, of the inoperable or unli- longer time is provided for by the City. censed motor vehici~s and to all readily Code or by the City Council through the identifiable lienholdbrs of record. If isis appeal, process. . ~mpossible to.determine with reasonable (5) Determine " Violation Status. certainty the identi.ty},&nd address of the Determine .whether the violation has registered owner an'~:ali'lienholders, the been corrected..by~the set date in the notice shall be pdblished once in a Correction Notice. newspaper of gen. eral circulation in -. (6) Orde. r Abat,~.ept. If the violation be grouped toge~er, for convenience Administm;te~::'dr~931e'r' ~ipp6idt~e ,nAy and economy ..... ~ . order the abatement be implemented by (8) Right to Reclaim. The owner, or City staff or by a designated contractor any lien holder of a:ny"abated motor vehi- or mayiplac?.the.abatement on the City cie taken into custbdy shall have the counci! 'A~l'erida for appr~)val.by resolu- right to reclaim such vehicle from the tion to abatei' City upon payment of all towing and stor- (7) Cnnd, mt ¢,lP. an UD. If the inopera- age charges and other costs resulting bio or-'unlicensed-;,motor vehicles are removed by the Ci~y then the .property from taking the vehicle into custody with- owner shall be pr0~ided written notice of in fifteen (15) days after the date of the where the inope~;a, ble or unlicensed notice required by Sbbsection 7 of this motor vehicle can ;be reclaimed and' by ordinance. what date the vehicles must be reclaimed before th, e veh cles will be dis- posed of by the City;'iStorage and pay- merit for all property seized through the abatement process 'shall be handled in ~ accordance with MiQ'nesota State l~aw.) t (9) Public. sai~. ,l'.f.'~n inoPerable or i- unlicensed, motOr'=..., ..-,.,~q;ehlcle~... . or contents. taken ,nto. custody";and-' not reclmmed under SubseCti6n';8,~6f this:'ordinance is sold at public auctioi~ or sale, it shall be sold to the highest ~dd.er following rea- -. sortable published':'hStice of Such auction or sale. The purchaser shall be given a i. receipt.ina f. orm. pr.eS:Crib, ed bythe regis- trar of mOtor ~,ehiCl~ Which shall, be suf- ficient title to dispose~of the vehicle. The receipt :shall al§~51 entiU..e the PUrchaser to register the. Vehicle 'and receive-a certifi- ~te~.f title, free' a~d Clear of all lie ns and ~[/;i~ of. ownership. Before such a vehi- .~.,.'.e..~i~issued a ne~,,cbrtificate of title, it .[hi~%~t~}receive:'a m~t0r vehicle safety ' ~','tlr~6iSerabl~[~ur~i'6e-nsed motor vehi- C_JbS,.no.t,'s(:~.l~~l~t: to Subsect, on 9 I scrap-value:..only, in': accordance with i Subsection 10 of this, ordinance. I'"";Fr0m. the'pro~e6ds of a sale under /'thls'subse'(~ti6n the city sha reimburse. itself for:the cost 'of towing, preserving ,.and storing the vehicles, and all adminis- i trative, notice, and publication costs incurred in.handi~ng the vehicles pur- i'stmht t° this 0rdi.nance. Any remainder [-from the proceeds Of a sale shall be heid ~,for the owner of:the vehicles or entitled lien.holder for ninety (90) days and then shall be deposited into the general fund of the City..... "(10)' Disposal..Authority. The City may COhtract with' others or may utilize its own equipment and personnel for the removal and abatement and disposal of inoperable and unlicensed vehicles. (11) Document All Costs. City of Howard Lake personnel shall document 'all ~5~)sts incurred and not reimbursed to the City including administrative,.legal, I cie.ac, up, and storage and/or disposal of any motor vehicles removed. Rexearch and Information Service Classification ~~_ Municipality" ~~-~ _~ present physical dangers to the safety and well being of children and other citi- zens: Inoperable and unlicensed motor vehicles and abandoned motor vehicles and othe~ scrap.metals also constitute a .blight on the landscape of the City and therefore a detriment to the. environment.. Inoperable a. nd unrePaired motor vehi- cles constitQ~e a waste of a valuable source of us~ul meta'l. It' is therefore, in the pUblic interest that the present accu- mulation of inoperable, and unlicensed motor vehicles and abandoned motor vehicles be eliminated and that said con- 'ditions not be allowed to exist' in' 'the future: Section 2. DefinitiOns of. Inooerable: 'and Udlicensed.MotOr Vehicles, 2.1 Definitions. An inoperable oJ' unli- censed vehicle means (a) a' motor vehi- cle which is nqt. p[operly licensed for operation within the Slate of Minnesota by the State of Minnesota; (b) a motor vehicle lacking vital component parts; (c) a motor vehicle which is in an inoperable cbndition and una.b,!,e, to move. upd.er, its own power. 2-2 :"vital' component I~ar~s"" means those parts'cfa rector'vehicle that'are essential to the mechanical functioning of the vehicle including, but not limited to, the motor, drive' train and. Wheels. A motor vehicle in "inoperable condition" means a motor vehicle which has no substantial potential further use consis- tent with its usual functions. 2.3 "City" as used in this ordinance means the City of Howard Lake. 2.4 "Classic Cars". A motor vehicle with pioneer, classic car, collector or AN ORDINANCE AMENDI'NG CiTY OF HOWARD LAKE ORDINANCE NO. 19.02, ADOPTED OCTOBER 20, t 992, AND ENTiTLED "ABANDONED MOTOR.VEHICLES" BY AMENDING SAID ORDINANCE IN IT'S ENTIRETY The C!ty of Howard Lake Ordains: Ordinance No. 19.02, adopted October _ 20, 1992, and entitled "AbandOned Motor Vehicles" is amended in it's entirety to read: CHAPTER' 19.02 AN ORDINANCE REGULATING INOP- ERABLE AND UNLICENSED MOTOR VEHICLES' AND ALSO REGULATING ABANDONED MOTOR VEHICLES Section 1. Pumoso. Inoperable and mlicensed motor vehicles and. aban- :loned mOtOr, vehicles constitute' a haz- ~rd to the health and welfare of the City )f Howard Lake in that such vehicles can mrbor noxious diseases, furnish shelter md breeding places for vermin, 'and street red license shall be considered an inoperable or unlicensed vehicle if it meets the definition Of an inoperable or unlicensed v, ehicle: 2.5 "inoperable Unlicensed Vehicles and Land Uses". Vel~icles on the premis- es Of junk yards and automobile grave- yards, which are defined, maintained and licensed in accordance with Minnesota Statutes Section 161.242, or . which are licensed and maintained in accordance with. Joca)~ laws and zoning regulations, shall not be considered inoperable or u'hii~:e~sed motor vehicles. ,.i Section 3..Vi~l~tiOn and Abatement .Procedure for Inoperable ~nd ; Unlicensed Motor Vehicles_. 3.1 Violation. Any person or corpora- tion who maintains or allows an inopera- ble or unlicensed, motor vehicle on any public or private property, or otherwise violates this ordinance, is guilty of a mis- demeanor. . · 3.2 Abatement Procedure. The abate- ment procedure shall follow the steps listed below: (1) Record Complaint. All complaints received shall be recorded on the appro- priate City form that lists the nature .and location of the alleged violation. (2) In.spect ProP&try. City of Howard Lake personnel shall inspect the proper- ty in question (after obtaining any neces- sary warrant/permission if necessary) and document the existence of any per- ceived violation. (3) Prepare Correction Notice. If it is determined that a violation exists, a Correction Notice must be provided to the violator and said Correction Notice shall contain the following: