2016-07-26 CC Agenda PacketCITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable
cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community.
AGENDA.
Page
1. Open meeting
2. Approve agenda, with any amendments
3. Review and discussion on proposed amendments to the Mound City Code
A. Chapter 2, Administration as it relates to administrative citations 1-22
B. Chapter 42, Nuisances as it relates to public nuisances affecting health, 23-34
peace, and safety
C. Chapter 46, Misc. Offences and Provisions as it relates to anti -graffiti 35-39
regulations
D. Chapter 129, Zoning as it relates to definitions and exterior storage 40-46
4. Adjourn
2415 Wilshire Boulevard
e . .
Mound, MN. 55364
(952) 472-0605
Memorandum
To: Honorable Mayor and City Council
From: Stewart B. Simon, Field Officer-'��
Date: July 21, 2016
Re: Proposed Amendments to City Code Chapter 2, Relating to Administrative
Citations
At its March 22, 2016 Regular Meeting, the City Council discussed amending Chapter 2,
Administration approving the use of administrative citations' as an additional tool for code
enforcement. At that time, the Council voiced concern over the use of administrative penalties
for non-compliance of the City Code.
Background:
At its October 21, 2015, Special Workshop, the Council discussed the use of administrative
citations as an alternative method for code enforcement within the city. Although City Code,
(Chapter 2-187) currently permits the use of administrative citations for the enforcement of
certain offenses, the language is most applicable for use by the police department. Staff
presented the Council with a draft of a proposed ordinance amendment expanding the use of
administrative citations as a method for code enforcement and creating an appeals process
upon the issuance of an administrative citation. Based on feedback from the Council, Staff has
prepared an updated ordinance amending the administrative citation code.
In September of 2014, a new Field Officer position was created and tasked with conducting
code enforcement. Hired Staff had previously worked for the Mound Police Department as a
Community Service Officer, and was familiar with the tasks associated with enforcement of the
City Code. Currently, the City uses a complaint -based approach to code enforcement; a citizen
makes a report of a violation directly to Staff, who in turn investigates the complaint. When a
violation is identified, Staff issues a written warning to the property owner of record, which
provides the property owner seven (7) days to bring the property into compliance with the
code, (self -abatement). In most cases, the offending property is brought into compliance within
the seven-day self -abatement period, and the case file is subsequently closed. In cases where
the property owner does not bring the property into compliance during the self -abatement
period, a second warning is issued'; after another seven-day self -abatement period, the
property is re -inspected. if the property is found non-compliant after the second warning, a
third and final warning is issued; the property owner is notified failure to self -abate after the
issuance of a final warning may result in legal and/or Council involvement, or city -abatement.
Between January 2015, and'October 2015, approximately 90% of the 151 -code enforcement
cases resulted in self. -abatement, after the issuance of. the first warning, and were.
subsequently closed. The remaining 10%, however, remain stalled or open, pending further
action by Staff, 5% ;of the properties have been issued final warnings, with little to no action
'In cases of noxious weeds, (long grass), only one warning is issued per growing season. If the property owner
does not self -abate (i.e. mow the lawn) the property is forwarded to our contractor for city -abatement.
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taken by the property owner to bring the property into compliance with the Code. Additionally,
several properties have been deemed "repeat offenders'; bringing their property into
compliance, only to have a new complaint made to Staff a short time later.
Staff has compared current code enforcement processes to those in use by other cities,
including, but not limited to, Cambridge, Eagan, Hopkins, Orono, Spring Park, and Wayzata.
The identified cities have implemented the use of administrative citations as an effective
method for resolving non-compliance with the applicable city Code. An administrative citation
is a "city ticket", issued in lieu of a criminal complaint in cases of non-compliance or repeat
violations.
The following is a breakdown of the benefits and risks associated with the implementation of
administrative citations:
Benefits Risks
Quicker case resolution
Additional record keeping and reporting
requirements
Offending party is not labeled as a criminal
Additional resources required to ensure
ro er due process for the accused
Lower burden of proof required
Lower burden of proof required
Penalty more in line with the offense
Limited use by statutory cities
Criminal process does not view city code
violations as being important
Attorney fees associated with appeals
Additional source of revenue for the city
Potential exists for non-payment of penalty
Affords the city flexibility in case processing
Consistency
Overall reduced cost for the city
Legality
The amended language of the administrative citation ordinance addresses the following risks:
Additional resources required to ensure proper due process for the accused: Per the
amended ordinance, an aggrieved party can appeal an administrative citation directly
to the City Council. In turn, the City Council has the authority to impose, repeal, or
modify the administrative citation. If an aggrieved party disagrees with the
determination made by the City Council, the party may obtain judicial review of the
Council's decision, by proceeding under a writ of certiorari in a court of appeals.
Attorney fees associated with appeals: By having the City Council serve as a board of
appeals, the appeal hearing can be conducted "in-house". Court and attorney fees can
therefore be eliminated.
® Potential exists for non-payment of penalty: Per the amended ordinance, the failure to
pay an administrative penalty by the set due date, will result in a late payment fee of
10% of the penalty being assessed for each 30 -day period, that the penalty remains
unpaid. In addition to collecting the late fee, the outstanding penalty will be assessed
against real property and collected in the same manner as property taxes, in
2 -2-
accordance with Minnesota Statute §429.101; consistent with the manner in which
unpaid fees associated with nuisance abatement are collected.
® Consistency and legality: Implementation of the administrative citation program for
code enforcement will not replace other enforcement actions available to the City; per
the ordinance, the City reserves the right to use an administrative citation in lieu of, or
in addition to, an abatement action or misdemeanor charge stemming from the
violation.
Current Discussion:
The current version of the proposed ordinance is based off an ordinance currently in use by
the City of Minnetonka. As with other cities who use administrative citations, Staff has
prepared a citizens guide to assist with the administrative citation process. Two versions of the
citizen's guide have been provided as part of this memo for your review and consideration.
Based on the concerns raised by the Council at its March 22, 2016 Regular Meeting, Staff has
removed the language related to the use of a Hearing Officer; the City Council in its capacity
as the Board of Adjustments and Appeals would hear all appeals related to administrative
citations. The appeal hearing would be conducted during a regular meeting of the Council, as
an agenda item. The Council would have the authority to affirm, repeal, or modify the
administrative citation. An aggrieved party would still have the ability to seek judicial review of
the Council's decision, by proceeding under a writ of certiorari in a Court of Appeals.
Staff is available to answer any questions or concerns of the Council
3 -3-
CITY OF MOUND
ORDINANCE -2016
AN ORDINANCE AMENDING CHAPTER 2 OF THE MOUND CITY CODE AS IT RELATES
The City of Mound does ordain:
Section 1. Subsection 2-187, Administrative offenses, of the City of Mound City Code is hereby
amended as follows:
(a) Purpose. The City Council finds that there is a need for alternative methods of
enforcing the City Code. While criminal fines and penalties have been the most frequent
enforcement mechanism, there are certain negative consequences for both the City and
the accused. The delay inherent in that system does not ensure prompt resolution.
Citizens resent being labeled as criminals for violations of administrative regulations.
The higher burden of proof and the potential for incarceration does not appear
appropriate for most administrative violations. The criminal process does not always
regard City Code violations as being important, due to caseloads and more serious
cases in the system. Using a declaratory action or iniunction, often results in similar
delays and can be financially burdensome for a city. Accordingly, the City Council finds
the use of administrative citations and the imposition of administrative penalties is a
legitimate and necessary alternative method of enforcement.
(b) Scope. The administrative procedures and penalties in this article may be used for
any violation of City Code. The provisions of this article may be used concurrently with or
in addition to anv other procedure or remedv. criminal or civil. the Citv may pursue under
City Code, state law, or federal law.
I Mr
me
me
d) R"ej .
(e} tG-pay.- If a vie -later fails te pay the peRalty imposed by this seGtieR, OF of the
deposited iR the geneFal kind.
Section 2. A new, Subsection 2-188, General provisions, of the Mound City Code is hereby
added as follows:
Certain offenses enforced as administrative. The City Council has determined to enforce
certain offenses within the city as administrative offenses, subject to a citation and
administrative penalty pursuant to this article. Each day a violation exists constitutes a
separate offense.
Schedule of fines. The City Council shall adopt by resolution, as part of its fee schedule,
a schedule of administrative penalties for offenses for which an administrative citation is
issued.
Repeat violations, Administrative penalties may be doubled for repeat violations that
occur within a 12 -month time period.
Section 3. A new, Subsection 2-189, Administrative citation, of the Mound City Code is hereby
added as follows:
(a) Authority to issue administrative citations. Any member of the Police Department or any
other person employed by the City with authority to enforce this Code may issue an
administrative citation upon belief that a code violation has occurred.
Enforcement, Administrative citations shall be issued in person or by U.S. first class mail
to the person responsible for the violation or to the property owner identified by
Hennepin County property records or motor vehicle registration records. If the premises
are not occupied and the address of the owner is unknown, service on the owner may be
made by posting a copy of the administrative citation on said premises. The
administrative citation must state the nature of the offense, the date, time, and location
of the violation, the name of the official issuing the administrative citation, the amount of
the scheduled administrative penalty, and the manner for paying the administrative
Penalty or appealing the citation.
(c) Payment. The party responsible for the violation or property owner as identified by
Hennepin County property records or motor vehicle registration records must either pay
the scheduled administrative penalty and come into compliance or request an appeal,
-5-
within ten (10) calendar days after issuance. Payment of the administrative penalty
constitutes admission of the violation.
Stay of administrative penalty. An administrative penalty for non -traffic related offenses
may be rescinded, if compliance with the Code is achieved within seven (7) calendar
days after the issuance of an administrative citation.
(e) Failure to pay. A late payment fee of 10 percent of the scheduled administrative penalty
amount pay be imposed for non-payment of an administrative penalty.
Section 4. A new, Subsection 2-190, Council review, of the Mound City Code is hereby added
as follows:
(a) Appealing an administrative penalty. A request for an appeal shall be made in writing to
the City Clerk and executed by the property owner or person with an ownership interest
in the property, within seven (7) calendar days following the issuance of an
administrative citation:
1. The request must minimally state the name and mailing address of the party filing
the appeal, the relationship to the property involved, a brief statement describing
the basis for the appeal, and a request for City Council review.
Notice. The City Clerk shall mail a notice of the date, time, place, and subiect of the
appeal hearing to the aggrieved party, a minimum of ten (10) calendar days in advance
of the hearing. The City Clerk shall also notify the issuing officer.
(c) Hearing. At the time of the appeal hearing, the City Council shall hear from the issuing
officer and any other parties who wish to be heard. At the conclusion of the hearing, the
City Council may affirm, repeal, or modify the administrative penalty:
1. If the City Council determination requires abatement, the City Council shall by
resolution, fix a time within which, the violation must be abated and shall provide
if corrective action is not taken within the time specified, the City may abate the
violation. The City Clerk shall mail a copy of the resolution to the same, parties
required to be notified in the "Notice" section contained in City Code Sec. 2-190
Failure to appear. The failure to attend the appeal hearing shall constitute a waiver of the
appellant's right to a hearing and an admission of the violation. The City Council may
waive this result upon good cause shown. Examples of "good cause" are death or
incapacitating illness of the accused; a court order requiring the accused to appear for
another hearing at the same time; and lack of proper service of the citation or notice of
the hearing. "Good cause" does not include forgetfulness and intentional delay.
Section 5. A new,
as follows:
Subsection 2-191, Judicial review, of the Mound City Code is hereby added,
10
An aqqrieved party may obtain judicial review of the decision of the City Council by proceeding
under a writ of certiorari in a court of appeals.
Section 6. A new, Subsection 2-192, Recover of administrative penalties, of the Mound City
Code is hereby added, as follows:
1. If an administrative penalty is not paid within the time specified, it will constitute:
a. A lien on the real property upon which the violation occurred if the property or
improvements on the property was the subject of the violation and the property
owner was found responsible for that violation; or
b. A personal obligation of the violator.
2. A lien may be assessed against the property and collected in the same manner as
taxes as set forth in Minnesota Statute 4429.101 as may be amended from time to
time.
3. A personal obligation may be collected by appropriate leaal means.
4. A late payment fee of 10 percent of the administrative penalty may be assessed for
each 30 -day period or part thereof, that the administrative penalty remains unpaid
after the due date.
5. During the time that an administrative penalty remains unpaid, no City approval will
be granted for a license permit or other City approval sought by the violator or for
Property under the violator's ownership or control.
6. If the administrative penalty is not paid and a violation is not corrected, a criminal
citation may be issued.
7. Failure to pay an administrative penalty and correct a violation is grounds for the
suspension or revocation of a license related to the violation._
8. The City reserves the authority to use the abatement process as outlined in Chapter
42 nuisances Section 42-6 in lieu of or in addition to the process outlined in this
article.
Section 7. A new, Subsection 2-193, Criminal penalties, of the Mound City Code is hereby
added, as follows:
1. The following are misdemeanors, punishable in accordance with state law:
a. Failure without good cause, to appear at a hearing that was scheduled under
Section 2-190;
b. Failure to pay an administrative penalty imposed by the City Council within seven
(7) calendar days after it was imposed, or such other time as may be established
by the City Council.
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2. If the final adiudication in the administrative penalty appeal hearing is a findingof f_no
violation, the City may not prosecute a criminal violation in district court based on the
i same set of facts. This does not preclude the City from pursuing a criminal conviction for
r
a violation of the same provisions based on a different set of facts:
a. A different date of violation shall constitute a different set of facts.
Passed by the City Council this day of 2016
Attest: Catherine Pausche, City Clerk Mayor, Mark Wegscheid
Published in the Laker the of , 2016.
Effective the day of , 2016.
CITY OF MOUND
RESOLUTION 16
AUTHORIZING PUBLICATION OF AN
ORDINANCE BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Mound has adopted Ordinance No.
2016 amending Chapter 2 of the Mound City Code as it relates to administration; and
WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by
title and summary in the case of lengthy ordinances; and
WHEREAS, the following summary of Ordinance -2016 has been approved by
the City Council of the City of Mound as clearly informing the public of the intent and effect of
the Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound has
reviewed the following summary of the ordinance and approved its publication in accordance with
Minnesota Statutes, Section 412.191, subdivision 4:
Ordinance -2016 has been approved by the City Council of the City of Mound.
The Ordinance amends Chapter 2 of the Mound City Code as it relates to administration
by permitting the use of administrative citations for violations of City Code. A copy of the
full text of the ordinance is available at City Hall and at the Mound Public Library.
BE IT FURTHER RESOLVED that the City Clerk keep a copy of the entire text of the
ordinance in her office at city hall for public inspection and that she post of the entire text of the
ordinance at Westonka Public Library in the City.
Passed by the City Council this day of , 201_
[requires a four-fifths vote of the council members]
Attest: Catherine Pausche, City Clerk
Mayor,
CITY OF MOUND
RESOLUTION NO. 16 -
RESOLUTION AMENDING RESOLUTION •APPROWNG FEE
SCHEDULE•2016
WHEREAS, on March 22, 2016 the City Council approved ordinance -2016, amending
Chapter 2 of the Mound City Code, authorizing the use of administrative penalties for code
enforcement; and
WHEREAS, on December 08, 2015 the City Council approved Resolution 15-146 approving the
Fee Schedule for 2016 (Resolution); and
WHEREAS, the Resolution did not include an administrative penalty of $200 per violation,
per day after an administrative citation is issued for non-compliance with City Code to
the Administrative Fees & Charges section of the fee schedule; and
WHEREAS, Sec. 2-188 (b) of the Mound City Code as amended requires the City Council adopt
by resolution as part of its fee schedule, a schedule of administrative penalties.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota,
hereby adopts a resolution amending City Resolution No. 15-146 Approving a Fee Schedule for
2016 with the following language:
ADMINISTRATIVE FEES & CHARGES
Administrative Penalties:
2-188 Administrative Citation $200.00 per violation, per day
Adopted by the City Council this day of , 2016.
Mayor Mark Wegscheid
Catherine Pausche, Clerk
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M,"A
.Administrative Citation
Pro�ra
A Citizen Guide to Administrative Enforcement
The City's Administrative Citation Program is used as an alternative to the Hennepin
County court system to review violations of City Code. The purpose of this guide is to
provide a summary of the program. Sections of City Code will be referenced throughout
this guide. To view the City Code in its entirety, please visit our website:
www.ciiyofmound.com.
City of Mound
2415 Wilshire Boulevard
Mound, MN. 55364
Phone: (952) 472-0600
Fax: (952) 472-0620
TTY/Voice: 711
www.cityofmound.com
Rev. 07-07-2016
DRAFT
Chapter 1— Introduction 3
1.1 Intent 3
1.2 Authority
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Chapter 2 —Administrative Citations 4
2.1 Issuance of Administrative Citation 4
2.2 Paying the Fine
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2.3 Repeat Violations within 12 Months 4
2.4 Correctable Violation 4
2.5 Failure to Pay an Administrative Citation 5
Chapter 3 - Requesting an Appeal Hearing 6
3.1 Requesting an Appeal Hearing 6
3.2 Requesting a Continuance 6
3.3 Before the Hearing 6
Chapter 4 — Hearing Procedure
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4.1 Reporting 7
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4.2 Failure to Appear 7
4.3 During Your Hearing 7
4.4 Decision by the City Council 7
4.5 Filing the Decision 8
Chapter 5 — Post — Hearing Procedures 9
5.1 Appealing the Decision Made by the City Council 9
ADMINISTRATIVE CITATION APPEAL FEARING REQUEST FORM 10
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Chapter I - Introduction
1,'I Intent
The City of Mound Administrative Citation Program was created by the City of Mound as an
alternative method for enforcing City Code. Previously, the City used the criminal justice system
for enforcement of City Code violations. However, the City found that system to be
unsatisfactory:
(1) The delay inherent in the criminal justice system did not ensureprompt resolution.
(2) Citizens resented being labeled as criminals for violations of administrative regulations.
(3) The higher burden of proof and potential of incarceration does not appear appropriate for
most violations of City Code.
(4) The criminal justice system does not always regard City Code violations as important.
The Administrative Citation Program was created to avoid the disadvantages, and to provide an
enforcement system that is more informal and less threatening to alleged violators.
1.2 Authority
The City Council adopted City Code §2-187, authorizing the use of civil penalties for violations
of City Code. Pursuant to this section, enforcement- is commenced by the issuance of an
administrative citation. The recipient may pay a, fine established by City Council resolution or
may request an appeal hearing. Please see page e ## for more information on the procedures for
filing an appeal.
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Chapter 2 - Administrative Citations
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2.1. Issuance ofAclministrative Citation
If you have been issued an administrative citation, you must pay the fine; or if you wish to
appeal the citation, you must submit an Administrative Citation Appeal Form to the City Clerk,
within seven (7) days from the date the citation was issued. A copy of the Administrative
Citation Appeal Form can be found on page ## of this handbook.
2.2 Paying the Fine
The fines for the Administrative Citation Program are approved by the City of Mound City
Council, through a Resolution adopting the Annual Fee Schedule. Administrative Citations may
be paid by cash or check. Payment by check must be made payable to the City of Mound for the
correct amount. Please include the citation number on your check. You may either pay your
fine in person at City Hall or mail one copy of the citation with your check to:
City of Mound
Administrative Citation Program
2415 Wilshire Boulevard
Mound, MN. 55364
NOTE: DO NOT SEND CASH
If your payment is received more than 30 days after your citation was issued, you will be charged
an additional 10% penalty fee for each 30 -day period, or portion thereof, that the fine remains
unpaid after the due date.
2.3 repeat Violations within 12 Months
The fine for repeat violations will be double the amount of the scheduled fine for the previous
violation, up to a maximum of $2,000. For example, if there were four violations of City Code
within a 12 month period, and the scheduled fine for the first violation was $200, the fine for the
fourth violation would be $1,600 (first: $200; second $400; third; $800; fourth; $1,600).
2.4- Correctable Violative
If your citation states the violation is a "CORRECTABLE VIOLATION" the fine may be
rescinded, if the condition(s) in violation of City Code are corrected prior to the date the fine is
due.
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�?.S Failure to Pay aux Administrative Citation
If you do not pay the fine, the city may do one or more of the following;
® Add a late fee if not paid by the citation due date;
• Charge the fine to your property taxes as a special assessment;
® Suspend, revoke, or deny a City -issued license or permit sought by the violator or
property under the violator's ownership or control;
• Filing of criminal charges in District Court for the original violation plus a violation for
failure to pay an administrative fine;
® Abatement of the violation in accordance with applicable City Code. The violator and/or
property owner are responsible for all associated costs;
® Obtain a judgment against you and begin collection procedures.
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Chapter 3 - Requesting an Appeal Hearing
3.1 Requesting an Appeal Hearing.
The City Council serves as a board of appeals. If you would like to appeal an administrative
citation, the request must be made in writing within seven (7) days from the date the citation was
issued. For your convenience, a copy of the Administrative Citation Appeal Hearing Request
form can be found on page 10. The completed form must be submitted to the City Clerk.
Only the person, property owner, or person with ownership interest in the property
receiving the citation may file an appeal.
The City Clerk will mail you confirmation of the date, time, and location of the appeal hearing, a
minimum of ten (10) calendar days in advance of your hearing. Please note, appeal hearings are
conducted by the City Council as part of a regularly scheduled meeting. Your appeal hearing will
appear as a regular agenda item.
NOTE: THE MOUND CITY COUNCIL REGULARLY MEETS ON THE SECOND AND
FOURTH TUESDAYS OF THE MONTH.
3.2 Requesting a. Continuance
A request for a continuance of the hearing must be made to the City Clerk, at least one (1)
business day prior to the scheduled hearing date. A continuance of the hearing may be granted
only by the City Clerk for good cause shown. In general, your hearing will be continued until the
next scheduled regular meeting of the City Council.
3.3 Before the Hearing
You may NOT contact the City Council before the appeal hearing to discuss your case.
Chapter 4 - Heariiig Procedure
4.1. Reporting
You are requested to report to the location of your appeal hearing at least 15 minutes before the
scheduled hearing time. This will allow for any administrative tasks and last-minute changes.
4.2 Failure to Appear
If you fail to appear for the appeal hearing, you are admitting to the violation and waiving your
right to an appeal. The City Council may impose a penalty, in your absence. If the issuing officer
fails to appear, the administrative citation will be dismissed; however, the City Council may
order the condition(s) in violation of City Code be corrected.
If you have a good reason for missing the hearing;, you must notify the City Clerk prior to the
scheduled hearing. The City Council will decide whether you had good cause for your absence.
Examples of good cause are death, incapacitating illness, a court order requiring you to appear
for another hearing at the same time, and lack of proper service of the citation or notice of the
hearing. Absences due to forgetfulnessor intentional delay are not good cause.
4.3 Diwing Yom.- HeaHng
The appeal hearing will be conducted as part of a regular meeting of the City Council. The
hearing will be informal, without strict rules of evidence, and will be subject to audio and video
recording. The City bears the burden of proving a violation occurred. After the City has
presented its case, you may present witnesses, but you are not obligated to present any evidence.
All parties testifying may do so after being sworn or affirming to tell the truth.
The appeal hearing is a civil matter; the City Council must find a violation only if the greater
weight of the evidence supports such a finding.
4.4 Decision by the City Council
At the conclusion of the hearing, the City Council will decide the case. The City Council has the
authority to:
• Affirm the administrative and impose the fine
• Reduce or modify the fine amount
• Repeal the administrative citation
• Order the correction or abatement of the condition(s) in violation of City Code.
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If the City Council decision requires abatement, the City Council will, by resolution, set a time
within which, the violation must be abated. If corrective action is not taken within the time
specified, the City will abate the condition, in accordance with applicable City Code. The
violator and/or property owner are responsible for all associated costs. The City Clerk will mail
you a copy of the resolution.
In deciding which action to take, the City Council may consider any or all of the following
factors:
• How long the violation lasted
• How often if occurred
• How serious it was
• What the history was
• What your conduct was after the citation was issued
• Whether you made a good faith effort to comply with City Code
• What impact the violation had on the'community
• Any other factors that are appropriate.
4.5 Filing the Decision
The decision of the City Council will be provided to you in writing on a form provided by the
City, with a brief description of the basis for the decision. A copy of the decision will be mailed
to you within 14 -business days following the hearing.
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Chapter 5 - Post - Hearing Procedures
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-A Appealing the Decision Made by the City Council
In most cases, the decision made by the City Council will be final. However, an aggrieved party
may obtain judicial review of the decision made by the City Council by petitioning the
Minnesota Court of Appeals of r a writ of certiorari, pursuant to Minnesota Statute §606.01. This
must be completed within 60 days from the date of the City Council hearing.
For more information regarding a judicial review including appeal process and forms, please
visit:
httD:Hwww.mncouits.aov/CourtOfAnyeals.aspx
Or contact the Clerk of Appellate Courts, at (651) 296-2581.
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ADMINISTRATIVE CITATION APPEAL ♦ R
*PLEASE PRINT
Only the person, property owner, or person with ownership interest in the property receiving an
administrative citation may file an appeal hearing request. The request must be made in writing
within seven (7) days from the date the administrative citation was issued. Failure to request an
appeal prior to the filing deadline will terminate all rights to an appeal. To request an appeal
hearing, please complete this form in its entirety and submit to:
City of Mound
Attn: City Clerk -Administrative Citation Appeals
2415 Wilshire Boulevard
Mound, MN. 55364
You will be notified of the date, time, and location of your scheduled hearing a minimum of ten
(10) calendar days in advance of your hearing.
CITATION NUMBER: ISSUED DATE:
PROPERTY ADDRESS:
ISSUING OFFICER:
EXPLAIN THE REASON FOR THE APPEAL (WHY YOU FEE_ L THE VIOLATION
DID NOT EXIST). ATTACH MORE PAPER IF NEEDED:
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FULL NAME.
ADDRESS:
CONTACT PHONE:
E-MAIL.
SIGNATURE:
OFFICE USE ONLY
Datc Received: k3}: C.C. Date: _— Notice Date: C.C. Status _
AdOudication Status: _-- _ Disposition:
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2415 Wilshire Boulevard
Mound, MN. 55364
(952) 472-0605
Memorandum
To: Honorable Mayor and City Council
From: Field Officer Stewart B. Simon ..50
Date: July 21, 2016
Re: Proposed Changes to Chapter 42, Nuisances
In the course of conducting code enforcement activities, Staff has found the current nuisance
code confusing to citizens and portions outdated. Based on this, Staff has reviewed the
nuisance codes in use by surrounding communities.
In general, nuisance fall into one of two categories; public and private. A public nuisance is
conduct or maintaining a condition, which is harmful or negatively affects the whole community
or a large group of people; whereas a private nuisance is harmful, or negatively affects a small
number of people. The current and amended code addresses conditions and conduct deemed
public nuisances; the City does not regulate conduct or conditions deemed a private nuisance.
The majority of amended language contained in the draft ordinance is housekeeping; the one
major change is specific to the abatement processes. Staff has proposed language allowing
administrative and legal costs to be collected as part of an abatement action. Additionally, Staff
is recommending the inclusion of a "reoccurrence fee", added in cases where a repeat
violation requires the City to abate the violation more than once.
An amended draft Chapter 42 is included for your review and discussion:
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CITY OF MOUND
ORDINANCE -2016
AN ORDINANCE AMENDING CHAPTER 42 OF THE MOUND CITY CODE AS IT RELATES
TO NUISANCES
The City of Mound does ordain:
Section 1. Subsection 42-1, Definitions, of the Mound City Code is hereby amended as follows:
(a) Public nuisance. It is unlawful for any person to maintain a public nuisance by his act or
failure to perform a legal duty. For purposes of this section, a public nuisance shall be
defined as any of the following:
M Maintaining or permitting a condition which unreasonably annoys, iniures,
or endangers the safety, health, comfort, or repose of any considerable
number of persons;
Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous
for use or passage, a body of water or a public park, public right-of-way,
street, highway, or other public property within this city:
Depreciate the value of the property of a considerable number of the
inhabitants of this city or cause a blighted and undesirable neighborhood; or
Any other act or omission declared by law to be a public nuisance.
Prohibited conduct. No person shall create,commit, or maintain a public nuisance, or let
the property to another knowing it is to be used so.
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(a) Public nuisance. It is unlawful for any person to maintain a public nuisance by his act or
failure to perform a legal duty. For purposes of this section, a public nuisance shall be
defined as any of the following:
M Maintaining or permitting a condition which unreasonably annoys, iniures,
or endangers the safety, health, comfort, or repose of any considerable
number of persons;
Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous
for use or passage, a body of water or a public park, public right-of-way,
street, highway, or other public property within this city:
Depreciate the value of the property of a considerable number of the
inhabitants of this city or cause a blighted and undesirable neighborhood; or
Any other act or omission declared by law to be a public nuisance.
Prohibited conduct. No person shall create,commit, or maintain a public nuisance, or let
the property to another knowing it is to be used so.
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Section 2. Subsection 42-2, Public nuisance—Affecting health, of the Mound City Code is
hereby amended as follows:
The following are hereby declared to be public nuisance affecting health:
(1) Carcasses of animals, birds, or fish not buried or destroyed within 24 hours
after death. This provision shall not apply if the animals, birds, or fish are
intended for human consumption;
(2) The keeping of any animal over six months of age which has not been
vaccinated against rabies with an approved vaccine as determined by the
official Comprehendium of Animal Rabies Vaccines published by the
Conference of State Public Health Veterinarians and the Center for Disease
Control of the Department of Health and Human Services;
(3) All public exposure of persons having a communicable disease as defined in
Minn. Stats. §144.4172 and any building, conveyance, or place where
contagion, infection, filth or other source or cause of communicable disease
exists;
(4) Accumulations of stagnant water, manure, or rubbish which are likely to
become breeding places for flies, mosquitoes or vermin;
(5) Depositing manure 'pet feces leaves grass, clippings, solvents, antifreeze, oil
garbage or refuse upon adjacent private property or onto any city street, city
sidewalk, er public property, storm sewer system, or water resource such as a
wetland, pond, or lake;
(6) A condition which is hurtful to the inhabitants, or dangerous to the public health,
or iniurious to neighboring property, or from which noxious odors, noises, or
foul substances arise or from which dense smoke, noxious fumes, gas, or
similar matter is produced in such quantities as to render the occupancy or use
of property uncomfortable to a person of ordinary sensibilities, unless the same
be done under authorization by public authority;
(7) All other acts omissions of acts occupations, and uses of property deemed by
the state board of health, the Hennepin County Human Service and Public
Health Department or the health inspector to be a menace to the health of the
inhabitants of this cjty.
Section 3. Subsection 42-4, Same—Affecting peace and safety, of the Mound City Code is
hereby amended as follows:
The following are declared to be public nuisance affecting public peace and safety:
(1) All snow and ice not removed from public sidewalks 12 hours after the snow or
other precipitation causing the condition has ceased to fall;
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(2) All i.;iFeS- and limbs or branches of trees which are
SUFfaGS less than 15 feet above the
surface of any street and all limbs or branches of trees which are less than
eight feet above eleser to the surface of a sidewalk than eight fe ;
(3) Obstructions and excavations affecting the ordinary use by the public of streets,
alleys, sidewalks, or public grounds except under such conditions as are
permitted by this chapter or other applicable law;
(4) Radio aerials, radio towers, television antennas, television towers, er satellite
dishes or any wire which are strung less than 15 feet above the surface of the
-ground, erected, or maintained in an unsafe or dangerous manner;
(5) 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 uses of the streets or sidewalks;
(6) 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 this shapter-7code;
(7) The allowing of rain water, ice, or snow to fall from any building or structure or
wastewater cast upon or permitted to flow upon or across any street, sidewalk,
or other public property;
(8)
Permittinq or allowinq by any person or entity who owns or controls any
property at any intersection of streets alleys or sidewalk or abutting any street,
alley, or sidewalk of any shrub hedge,or tree bordering upon any such street,
alley, or sidewalk to prow or be of a height exceeding 60 inches or to any
height which obstructs the vision of persons on any such street, alley, or
sidewalk;
(9) Piling, storing, or keeping AGGun4uhafiGns'in-the-open of discarded or disused
machinery, equipment, household furnishings, furniture, iunk, appliances,
automobile bodies, or other similar materials, in a manner conducive to the
harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards
from such accumulation or from the rank growth of vegetation among the items
so accumulated;
(10) Noxious weeds, as that term is defined in Minn. Stats §18.77, and any
excessive or un -controlled growth of other weeds; and un -mowed turf -grass
exceeding eight inches or more in height. Establishment and minimal
maintenance of native and naturally -occurring woodland, prairie, wetland, and
riparian grasses, wildflowers, and pollinator attractant areas within lots is
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permissible on unimproved lots in whole or on portions of improved lots subject
to control of noxious and invasive weeds;
(11)
surfaGe of the gF9 All abandoned wrecked junked, partially dismantled, or
inoperative vehicles stored in the open on private property;
(12) Any fence or other structure maliciously erected or maintained for the purpose
of annoying the owners or occupants of adjoining property;
(13) All buildings, walls, and other structures which have been damaged by fire,
decay, or otherwise, and which are so situated as to endanger the safety of the
public;
(14) All dead standing trees on improved lots; or those on unimproved lands which
present an immediate and direct hazard to life or property; all elm or other trees
found harboring the Dutch elm beetle; all dead standing elm wood, and all cut
elm or other wood found harboring the Dutch elm beetle. Live trees standing
with storm or disease damage or otherwise structurally unsound may be
identified as a nuisance requiring assessment and treatment by a certified
arborist and/or removal;
(15) All dangerous, unguarded machinery, including derelict autos, derelict boats,
and derelict refrinerateF6 and freezer& appliances or other similar equipment, in
any public place, or so situated or operated on private property so as to attract
the public;
(16) Swimming in a channel or jumping, er diving, or fishing from a channel bridge,
street bridge, or railroad bridge;
(17) Operating any watercraft, motor vehicle, or powered device, or propelled
device on the open water, or upon the ice of a body of water, in such a manner
as to endanger life, limb, or property;
(18)
therefrom The ownership possession or control of any discarded or unused
refrigerator, freezer, or other similar obiect or container sufficiently large to
retain any person which is exposed or in such condition as to be accessible to
the public being or coming upon the premises upon where it is located without
removing the doors lids hinges or latches or providing locks to prevent
access by the public;
(19) Causing to be made any fire on any public beach area, er park, or other public
property except in fireplaces designated for that purpose;
(20) Any well, hole, obstruction, or similar excavation which is left uncovered or in
such other condition as to constitute a hazard to any child or other person
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being or coming on the premises where it is located or as to affect the ordinary
use of property or use by the public of streets alleys, and sidewalks or public
grounds except under such conditions as are specifically provided by
ordinance;
(21) Obstruction to the free flow of water in a natural waterway or a public street
drain, gutter, or ditch with trash, rubbish, vegetation, or other materials;
(22) 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 pneumatiG tire when passing over such substance;
(23)
mate-p�epert The accumulation of any piles of wood that are not neatly
stacked or stacked and secured in a stable manner to avoid collapse
(24) A structure, or portion of a structure, located in a residential zoning district, if
the exterior is not completed in accordance with the city -approved construction
plans within 180 days after the date that the city building permit was issued;
(25) Property that has been disturbed by construction, grading, or other activity and
is not seeded, sodded, or otherwise planted with ground cover within 240 days,
unless the 240 days expires between November 1 and May 15, in which case
the ground cover must be established by the following July 15, unless the city
approves a time extension;
(26) Construction materials, including piles of dirt, sand, aid sod, and other debris,
that is not placed in an adequate waste container, allowed to blow around or off
the site, or left in the open on property more than 60 days after construction
has been completed or a certificate of occupancy has been issued, whichever
comes first;
(27) Private functions or special events that exceed normal levels of city public
services, overwhelm city resources, are outside the realm of municipal permits,
due to unforeseen circumstances or poor planning conditions exceed
provisions set forth in issued or existing permits, and require special service
from city departments and/or mutual -aid agreements.
Section 3. Subsection 42-5, Duties of city officers, of the Mound City Code is hereby amended
as follows:
(a) Authority to enter private propetty. The Police and Community Development
Departments shall enforce the provisions relating to nuisances. Such
Department staff shall have the power to inspect private premises and to take
all reasonable precautions to prevent the commission and maintenance of
public nuisances.
Order to cease In the event that Department staff observes a person creating
a nuisance the staff may, after presenting proper identification order that the
person cease creating a nuisance.
Section 4. Subsection 42-6, Abatement, of the Mound City Code is hereby amended as follows:
(a) Authority to abate. A person in violation of
sections 42-2 and 42-4 shall be deemed to have created a public health
hazard, or public nuisance affecting peace and safety in the city, which is
subject to abatement by city staff members. All abatement costs incurred
including administrative legal and engineering fees shall be charged against
the property as a special assessment to be assessed and collected in the
manner provided in Minn Stats §429 101 as may be amended from time to
time or in any alternative manner provided elsewhere in Minnesota Statutes
except that when a request is filed for a review of a summary abatement the
assessment hearing shall be replaced by the hearing provided for in 42-7
subdivision 2 (e).
1. Abatement may include shall not be limited to removal, cleaning,
extermination cutting mowing grading covering or filling dangerous
unfinished or abandoned excavations sewer repairs, 'draining,
securing boarding unoccupied structures barricading or fencing,
removing dangerous portions of structures and demolition of
dangerous structures or abandoned buildings.
2. Abatement costs shall include the cost of the abatement: the cost of
investigation such as title searches inspection and testing: the cost
of notification: filing costs: and administrative costs.
(b)
theFeef fails withiR seven days afteF posting ef RetiGe 9 the 6ubjeGt PFGPeFt!,9
and/eF afteF posting by fiFst Glass Fnail to abate a publiG health hazaFd, or pu bliG-
Service. When
service of an order or notice is required any one or more of the following
methods of service shall be adequate:
M By personal service, or
By mail unless it is a written order which gives three(3) days or less
for the completion of any act it requires; or
If the appropriate party or address cannot be determined after
reasonable effort by posting a copy of the order or notice in a
conspicuous place on the property. If a mailed order or notice is
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returned by the United States Postal Service, a good faith effort shall
be made to determine the correct address unless the order or notice
orders abatement and that abatement has been completed.
that if at any time after the issuaRGe ef the RetiGe of abatement the P---;'-;aRGe
FeGGGUFS, the City shall -a-hate the PuisaRGe without fuFtheF notiGe to the pFGpefty
subsequently unpaid, may be assessed agaiRst the pr-opeFty as PFGvided in
Minn. Stats. §429.104.
WhiGh PGSeS aR imminent -and serip, s hazaFd to hurnan life 9F safety
beeR abated by the Gity shall be peF69nally liable for the GGst to the
9wReF. T-heFeupon, the aFnGURt shall be immediately due and payable
at the effte of the City Clerk. The rity may FeGGVeF by Givil aGtien
,
s fees and
or the Gity may assess SUGh Gests, against the pFoperty as pFovided in
subser.tioR (b) of this sertioi; and may alse withhold issuaRGe of any
(2) Assessment if the Gity is not fully Feimburnsed foF all Of itS %aSGRable
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Section 5. Subsection 42-7, No election of remedies, of the Mound City Code is hereby
repealed and replaced with Abatement procedures, as follows:
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1. Standard abatement. Except_for the abatement of noxious weeds governed by section
42-4 subdivision 10 and except as otherwise provided under subdivisions 2, 3, and 4
below, the following abatement procedures applies to all public nuisances. Whenever
the officer who is charged with enforcement determines that a public nuisance is being
maintained or exists on a property, the officer must give written notification to the
property owner, occupant, or other responsible party of that fact and order that the
nuisance be terminated and abated. Notice must be served in the manner provided in
section 42-6 (b) of this chapter. The written order or notice shall contain the following:
a) The location or description of the real estate sufficient for identification of the
location of the public nuisance,
The nature of the public nuisance, with reference to the appropriate code
provision:
(c) The steps to be taken to abate the nuisance and an abatement deadline, of ten
(10) calendar days within which the nuisance is to be abated:
That if the owner, occupant, or other responsible party does not comply with the
notice or order within the time specified, the City may provide for abating the
nuisance:
That the owner, occupant, or other responsible party has the right to appeal the
designation of a public nuisance before the City Council, by submitting a request
in writing to the City Clerk, within seven (7) calendar days after service of the
notice or order: and
That the City may assess its costs against the property in accordance with this
section.
If no timely appeal is submitted and the nuisance is not abated within the deadline given,
the enforcement officer may proceed to abate the nuisance. If a timely appeal is
submitted the matter must be scheduled for a hearing before the City Council. A notice
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1. Standard abatement. Except_for the abatement of noxious weeds governed by section
42-4 subdivision 10 and except as otherwise provided under subdivisions 2, 3, and 4
below, the following abatement procedures applies to all public nuisances. Whenever
the officer who is charged with enforcement determines that a public nuisance is being
maintained or exists on a property, the officer must give written notification to the
property owner, occupant, or other responsible party of that fact and order that the
nuisance be terminated and abated. Notice must be served in the manner provided in
section 42-6 (b) of this chapter. The written order or notice shall contain the following:
a) The location or description of the real estate sufficient for identification of the
location of the public nuisance,
The nature of the public nuisance, with reference to the appropriate code
provision:
(c) The steps to be taken to abate the nuisance and an abatement deadline, of ten
(10) calendar days within which the nuisance is to be abated:
That if the owner, occupant, or other responsible party does not comply with the
notice or order within the time specified, the City may provide for abating the
nuisance:
That the owner, occupant, or other responsible party has the right to appeal the
designation of a public nuisance before the City Council, by submitting a request
in writing to the City Clerk, within seven (7) calendar days after service of the
notice or order: and
That the City may assess its costs against the property in accordance with this
section.
If no timely appeal is submitted and the nuisance is not abated within the deadline given,
the enforcement officer may proceed to abate the nuisance. If a timely appeal is
submitted the matter must be scheduled for a hearing before the City Council. A notice
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(10) days before the hearing. After holding the hearing, the City Council may issue an.
order requiring abatement of the nuisance.
2. Summary abatement. The enforcing officer may provide for abating a public nuisance
without following the standard abatement procedures required in paragraph 1 above
when:
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a. There is an immediate threat to the public health or safety;
b. There is an immediate threat of serious property damage; or
c. A public nuisance has been caused by private parties on public property:
Following a summary abatement, as soon as the costs incurred are known, the
enforcement officer shall serve written notice upon the property owner, occupant, or
responsible party. The notice shall contain:
a. A description of the nuisance;
b. The action taken by the City;
c. The reasons for summary abatement;
d. The costs incurred in abating the nuisance, and
e. A statement that the propertv owner. occupant, or responsible party may request
by writinq to the City Clerk within two (2) business days of the date of the notice,
a hearinq at which the City Council shall review the actions taken by the
enforcement officer.
3. Maior abatement. When the enforcement officer determines that the cost of abatinga
nuisance will exceed $5,000 based on a reasonable, good faith estimate, the standard
abatement procedure provided in paragraph 1 is altered in the following manner:
a. The abatement notice or order must provide that if the party does not abate the
nuisance within the time specified, the matter will be referred to the City Council
for a hearing:
b. The abatement notice or order must specify the date, time, and location of the
City Council hearing; and
c. The abatement notice or order shall be sent by Certified First Class U.S. Mail to
the property owner, occupant, or responsible party.
4. Noxious weeds abatement. For a noxious weed violation under section 42-4 (10), the
standard abatement procedure provided in paragraph 1 is altered in the following
manner:
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a. The abatement notice or order shall remain in effect for the remainder of the
calendar year: and
b. No further notice or order shall be required for abating a recurrence of the same
condition.
5. _Cost recovery. The owner of property on which a nuisance has been abated by the City
or a person who has caused a public nuisance on property not owned by that person, is
personally liable to the City for the cost of the abatement including administrative costs.
Unpaid charges constitute a lien against the premises where the abatement occurred on
and after the date they were incurred A property that is the subiect of multiple nuisance
abatements within any continuous 60 -month period may be charged additional
administrative fees as follows except when the City Council determines that there are
mitigating circumstances to reduce or eliminate the fee:
For the 2nd abatement 100
For the 3`d abatement 200
For the 4th abatement 400
For the 5th and subsequent abatements 800
As soon as the work has been completed and the cost determined, an appropriate
official will prepare a bill for the cost and mail it by First Class U.S. Mail to the property
owner or other responsible party. The amount shall be immediately due and payable to
the City Treasurer.
6. Assessment If the cost or any portion of it has not been paid under subdivision 5 within
30 days after the date of the bill the City Council may certify the unpaid cost against the
property to which the cost is attributable. Before certification against the property,
reasonable notice of the impending certification and an opportunity to be heard by the
City Council must be given to the taxpayer of record Failure of the taxpayer to receive
the notice shall not invalidate the certification. The City Council may certify unpaid costs
to the county auditor for collection along with current taxes in the followingyear or in
annual installments not exceeding five (5) as the City Council may determine in each
case.
Passed by the City Council this
Attest: Catherine Pausche, City Clerk
day of 12016
Mayor Mark Wegscheid
Published in the Laker the of , 2016.
Effective the day of , 2016.
-33-
CITY OF MOUND
RESOLUTION 16 -
AUTHORIZING PUBLICATIONOF
ORDINANCE
WHEREAS, the City Council of the City of Mound has adopted Ordinance No.
2016 amending Chapter 42 of the Mound City Code as it relates to nuisances; and
WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by
title and summary in the case of lengthy ordinances; and
WHEREAS, the following summary of Ordinance -2016 has been approved by
the City Council of the City of Mound as clearly informing the public of the intent and effect of
the Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound has
reviewed the following summary of the ordinance and approved its publication in accordance with
Minnesota Statutes, Section 412.191, subdivision 4:
Ordinance -2016 has been approved by the City Council of the City of Mound.
The Ordinance amends Chapter 42 of the Mound City Code as it relates to nuisances by
clarifying public nuisances affecting health, peace, and safety, and recovery of costs
associated with abatement. A copy of the full text of the ordinance is available at City
Hall and at the Mound Public Library.
BE IT FURTHER RESOLVED that the City Clerk keep a copy of the entire text of the
ordinance in her office at city hall for public inspection and that she post of the entire text of the
ordinance at Westonka Public Library in the City.
Passed by the City Council this day of , 201_
[requires a four-fifths vote of the council members]
Attest: Catherine Pausche, City Clerk Mayor,
-34-
2415 Wilshire Boulevard
0 6 0
Mound, MN. 55364
(952) 472-0605 E .
Memorandum
To: Honorable Mayor and City Council
From: Field Officer Stewart B. Simon `�
Date: July 21, 2016
Re: Proposed Addition to Chapter 46, Anti -Graffiti Regulations
In May 2016, Staff received a complaint of profane language spray painted on the side of a
structure, fronting a public park. During the course of the investigation, Staff discovered a gap
in the City Code, as it related to graffiti. Based on this, Staff has drafted a proposed anti -graffiti
regulation for Council review and discussion.
-35-
CITY OF MOUND
ORDINANCE -2016
AN ORDINANCE AMENDINGCHAPTER 46 OF THE MOUND CITY CODE AS IT RELATES
TO OFFENSES INVOLVINGAND ORDER
The City of Mound does ordain:
Section 1. A new, Section 46-142, Anti -graffiti regulations, of the Mound City Code is hereby
created as follows:
(a) Definitions. For the purposes of this section, the following words shall have the meanin
provided to them in this section, except where the context clearly indicates a different
meaning.
1. Aerosol paint container means any aerosol container that is adapted or made for
the purpose of applying spray paint or other substance capable of defacing
Property.
2. Broad -tipped marker means any felt tip indelible marker or similar implement with
a flat or angles writing surface that, at its broadest width is greater than one-
fourth of an inch, containinq ink or other pigmented liquid that is not water
soluble.
3. Etching equipment means any tool, device, or substance that can be used to
make permanent marks on any natural or man-made surface.
4. Graffiti means any unauthorized inscription, word painting or other defacement
that is written, marked, etched, scratched, sprayed, drawn painted or engraved
on or otherwise affixed to any surface of public or private property by any graffiti
implement, to the extent that the graffiti was not authorized in advance by the
owner or occupant of the property, or despite advanced authorization is
otherwise deemed a public nuisance by the City Council.
5. Graffiti implement means an aerosol paint container, a broad -tipped marker, gum
label, paint stick or graffiti stick, etching equipment brush or any other device
capable of scarring or leaving a visible mark on any natural or man-made
surface.
6. Paint stick or graffiti stick means any device containing a solid form of paint
chalk, wax, epoxy, or other similar substance capable of being applied to a
surface by pressure and leaving a mark of at least one-fourth of an inch in width.
7. Person means any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee or any other
legal entity.
Prohibited acts.
W-1
1. Defacement. It is unlawful for any person to apply graffiti to any natural or man-
made surface on any publicly -owned property or, without the permission of the
owner or occupant, on any privately -owned property.
2. Possession of graffiti implements. Unless otherwise authorized by the owner or
occupant, it is unlawful for any person to possess any graffiti implements while:
i. Within 200 feet of any graffiti located in or on a public facility, park,
Playground, swimming pool recreational facility, or other public building
or structure owned or operated by a governmental agency: or
ii. Within 200 feet of any graffiti located in any public place, or on private
Property, between the hours of 10:00 p.m. and 6:00 a.m.
(c) Graffiti as nuisance.
1. Declaration. The existence of graffiti on public or private property in violation of
this ordinance is expressly declared to be a public nuisance and, therefore, is
subiect to the removal and abatement provisions specified in this ordinance.
2. Dutv of arooerty owner. It is the dutv of both the owner of the property to which
the graffiti has been applied and any person who may be in possession or who
has the right to possess such property to at all times keep the property clear of
graffiti.
Removal of graffiti.
1. By perpetrator. Any person applying graffiti on public or private property has the
duty to remove the graffiti within 24 hours after notice by the city or private owner
of the property involved. This removal must be done in a manner prescribed by
the City Manager Chief of Police Public Works Director, or their designees. Any
person applying graffiti is responsible for the removal or for the payment of the
removal. Failure of any person to remove graffiti or pay for the removal will
constitute an additional violation of this ordinance. Where graffiti is applied by a
person under 18 years old, the parents or legal guardian shall also be
responsible for such removal or for the payment for the removal.
2. By property owner or city. If graffiti is not removed by the perpetrator according to
paragraph 1 or the perpetrator is not known the city may order that the graffiti be
removed by the property owner or any person who may be in possession or who
has the right to possess such property, pursuant to the nuisance abatement
procedures in City Code Section 42-6 et. seq. If the property owner or
responsible party fails to remove offending graffiti within the time specified by the
city, the city may commence abatement and cost recovery proceedings for the
graffiti removal in accordance with City Code Section 42-6 et. seq.
-37-
Passed by the City Council this day of 2016
Attest: Catherine Pausche, City Clerk Mayor, Mark Wegscheid
Published in the Laker the of ; 2016.
Effective the day of , 2016.
•
CITY OF MOUND
RESOLUTION 16-
0 C 1
WHEREAS, the City Council of the City of Mound has adopted Ordinance No. -
2016 amending Chapter 46 of the Mound City Code as it relates to offenses involving public peace
and order; and
WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by
title and summary in the case of lengthy ordinances; and
WHEREAS, the following summary of Ordinance -2016 has been approved by
the City Council of the City of Mound as clearly informing the public of the intent and effect of
the Ordinance.
NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Mound has
reviewed the following summary of the ordinance and approved its publication in accordance with
Minnesota Statutes, Section 412.191, subdivision 4:
Ordinance -2016 has been approved by the City Council of the City of Mound.
The Ordinance amends Chapter 46 of the Mound City Code as it relates to offenses
involving public peace and order by adding a new, Section 46-142, Anti -graffiti
regulations.. A copy of the full text of the ordinance is available at City Hall and at the
Mound Public Library.
BE IT FURTHER RESOLVED that the City Clerk keep a copy of the entire text of the
ordinance in her office at city hall for public inspection and that she post of the entire text of the
ordinance at Westonka Public Library in the City.
Passed by the City Council this day of , 201_.
[requires a four-fifths vote of the council members]
Attest: Catherine Pausche, City Clerk
-39-
Mayor,
2415 Wilshire Boulevard Mound, MN. 55364
(952)472-0605 En.
Memorandum
To: Honorable Mayor and City Council
From: Field Officer Stewart B. SimonSi
Date.- July 21, 2016
Re: Proposed Amendments to Chapter 129, Related to Exterior Storage
In addition to the amendments proposed for Chapter 42, Staff is also recommending updating
and amending Chapter 129, as it relates to Exterior Storage. Currently, Subsection 129-314
only covers exterior storage as it relates to "exterior storage units". Per the code, an "exterior
storage unit" is defined as ....automobiles, boats, boat trailers, travel trailers, general purpose
trailers, self-contained motor homes, truck toppers, fish houses, utility trailers, jet skis and
snowmobiles. Exterior storage units are also referred to as "recreational vehicles", per the
code.
Currently, the code regulates the number of "exterior storage units" permissible on residential
properties along with required setbacks; all other storage of materials is not included in the
.current code.
The amended exterior storage code as proposed by Staff, would address the storage of items
and materials not deemed to be an "exterior storage unit" and would align the code to reflect
the proposed changes to the nuisance ordinance previously discussed.
Staff has included a draft ordinance reflecting the proposed changes to the exterior storage
code, including an update to the definition of "exterior storage units", for Council review and
discussion.
CITY OF MOUND
ORDINANCE -2016
AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE AS IT RELATES
TO DEFINITIONS
The City of Mound does ordain:
Section 1. Subsection 129-2, definitions, of the Mound City Code is hereby amended as
follows:
Exterior storage unit (or units) means and shall include, but not limited to, motor vehicles
auteme ides, boats, boat trailers, travel trailers, recreational vehicles general purpose trailers,
self-contained motor homes, truck toppers, fish houses, utility trailers, personal watercraft
(PWC), all -terrain vehicle (ATV), off-road vehicle (ORV), motorcycles +et -skis and snowmobiles.
For the purpose of this and other subsections, an exterior storage unit stored on any type of
non -fully enclosed utility trailer referenced above (or similar type non-commercial trailer) shall
qualify as one (1) exterior storage unit.
Passed by the City Council this day of _'2016
Attest: Catherine Pausche, City Clerk Mayor, Mark Wegscheid
Published in the Laker the of 2016.
Effective the day of 2016.
M0
i i 41 1 A i
ORDINANCE -2016
AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE AS IT RELATES
TO EXTERIOR STORAGE
The City of Mound does ordain:
Section 1. Subsection 129-314, Exterior storage, of the Mound City Code is hereby repealed
and replaced as follows:
In all residential districts, it is the responsibility of the owner of any property, improved or -
unimproved, to maintain the outdoor areas: including courtyards and the like, of the property
and adiacent rights-of-way in a manner that complies with the following requirements. All
recreational vehicles, mobile homes, camping trailers, motor homes, pickup coaches, travel
trailers: special mobile equipment, and utility trailers shall meet the requirements of this Code.
Additionally, all exterior storage must comply with subdivision (q) of this section.
Lal Definitions:
1. Bliahtmeans a deteriorated condition. something'that impairs or destrvs.
2. Junk means any cast-off, damaged, discarded, junked, obsolete, salvage,
scrapped, unusable, worn-out, or wrecked obiect, thing, or material composed in
whole or in part of asphalt, brick, carbon, cement, plastic, or other synthetic
substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta,
wool, cotton, cloth, canvas, organic matter, or other substance, regardless of
perceived market value or requiring reconditioning in order to be used for its original
purpose.
3. Recreational vehicle. Mobile home and recreational vehicle shall mean and include
the following definitions, and shall not include any manufactured housing unit
bearing a State of Minnesota manufactured housing seal or certificate, for uses
including but not limited to those listed below:
a. Camping trailer means a foldinq structure, mounted on wheels and designed for
travel, recreation, and vacation uses, also called a pop-up camper.
b. Motor home means a portable temporary dwelling to be used for travel,
recreation, and vacation, constructed as an integral part of a self-propelled'
vehicle.
c. Pickup camper means a structure designed to be mounted on a truck chassis
for use as a temporary dwelling for travel, recreation, and vacation.
d. Travel trailer means a vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel, recreational, and vacation uses,
Permanently identified as a travel trailer by the manufacturer of the trailer.
4. Special mobile equipment means every vehicle not designed or used primarily for
the transportation of persons or property and only incidentally operated or moved
over a highway, including but not limited to: ditch digging equipment, moving dollies,
pump hoists and other well -drilling equipment, street sweeping vehicles, and other
-42-
machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors
other than truck -tractors, ditchers, leveling graders, finishing machines, motor
graders, road rollers, scarifiers, and earth -moving equipment. The term does not
property to which machinery has been attached.
5. Utility trailer means any motorless vehicle, other than a boat trailer or personal
watercraft trailer, designed for carrying of snowmobiles, motorcycles, all terrain
vehicles, or property on its own structure and for being drawn by a motor vehicle.
The term does not include a trailer drawn by a truck -tractor semitrailer combination,
or an auxiliary axle on a motor vehicle which carries a portion of the weight of the
motor vehicle to which it is attached.
Storage on private property. Exterior storage is permitted on all residential properties
and shall be regulated as follows:
1. Developed lots. Exterior storage on lots with principal dwellings shall be limited to
no more than one (1) recreational vehicle, utility trailer, or exterior storage unit for
every 1,500 square feet of lot area, up to a maximum of six (6).
2. Undeveloped lots. Exterior storage on lots with no principal dwellings shall be
limited to no more than one (1) recreational vehicle, utility trailer, or exterior storage
unit for every 3,000 square feet of lot area, up to a maximum of six (6)
Parking regulated. Parking of recreational vehicles, motor homes, and utility trailers shall
be regulated as follows
1. It is unlawful for any person to park a mobile home or recreational vehicle upon
public property for human habitation.
2. It is unlawful for any person to park or store a utility trailer, mobile home, or
recreational vehicle in any residential district for more than 24 hours, except in a
front, side or rear yard at least five (5) feet from any property line.
3. - It is unlawful to use a mobile home or recreational vehicle for human habitation on
any private property for more than 72 hours without a permit from the City.
Vehicle storage. All vehicles parked or stored on any property within the City shall be
1. Parkina of vehicles other than recreational vehicles. with a maximum aross vehicle
weight (GVW) of 10,000 pounds or less is allowed in all residential districts.
2. Parking of vehicles in residential districts in excess of 10,000 pounds GVW has the
potential to create negative impacts on the surrounding neighborhood. These
impacts may include noise (from operation as well as maintenance of vehicle)
vibration; glare; odors; soil/water contamination (from dripping, washing,
etc.);hazards to pedestrians by way of proximity, especially on private roads; wear
and tear on local or private roads; propensity to offload remaining cargo on site at
the end of the day; and visual incompatibility with the character of a neighborhood.
-43-
(e) Storage of boats and boat trailers. Boats, unoccupied boat trailers, and boats on trailers
shall be subiect to the following storage requirements when not stored for commercial
purposes:
1. Licensing, operability, and restorations. All boats stored outside on a residential
property shall be licensed to the owner or occupant of the property. All boats stored
on a property shall be in operable condition, except that inoperable boats under
active restoration may be stored on a property for not more than 24 months, the
intent being to discourage the long-term storage of inoperable boats on residential
property.
2. Allowed storage locations. Boats and unoccupied boat trailers may be stored
outside on residential properties as follows:
i. Lakeshore lots. Boats may be stored in a side yard, street
yard and lakeshore yard as long as they meet required se
no significant impact on lake views to adiacent properties.
ii. Non-lakeshore lots. Boats may be stored in a side yard and rear yard;
trailerable boats may be stored on trailers in a driveway, in a front yard, or
side street yard.
3. Required setbacks. Boats and unoccupied boat trailers shall be stored no less than
five feet from any lot line and no less than 15 feet from the principal dwelling
structure on any adiacent lot.
4. Screening. Screening is not required for outside boat storage when in conformance
with this section. If boats are shrink wrapped, a neutral color shall be required.
oor parKing or stoi
Lq) Prohibited material storage. Any violation of this section is subject to abatement
followinq the procedures contained in City Code Section 42-6 et. seq. related to the
abatement of nuisances. The owner of the property will be determined as shown by
property tax records. The City may remove such matter or correct any conditions in
assessment. Additionally, the City may also seek injunctive relief for violations of this
section. Owners of private property shall remove and keep removed from all exterior
areas of all residential properties the following items:
1. Pest harborage. All exterior property shall be free from rodent, snake, and vermin
not be allowed to accumulate outside a structure in a manner that attracts an
infestation of pests. Materials permitted and approved for exterior storage shall be
neatly stacked.
2. Trash and debris.
L All household -garbage, rubbish, dead animals, animal and human waste,
and waste materials.
ii. Accumulations of litter, glass scrap materials (such as wood, metal, paper
and plastics) junk combustible materials stagnantwater, plastic bags,
trash or other debris.
iii. Accumulations of clothing household furniture carpet, and any other items
not designed for outdoor storage.
1. Non -trash items.
i. Accumulations of wood or plastic pallets.
ii. Accumulations of vehicle parts or tires.
iii. All construction and building materials unless such materials are beinq used
at the time in the construction of a building in which case such construction
must be permitted and on a continuous, uninterrupted basis.
iv. All appliances or appliance parts.
v. All indoor or upholstered furniture of a type or material which is deteriorated
by exposure to outdoor elements.
vi. All recycling materials except for reasonable accumulations, amounts
consistent with a policy of regular removal which are stored in a well-
maintained manner according to City Code Chapter 54.
vii.All other non -trash items which:
Are of a type or quantity inconsistent with normal and usual use: or
Are of a type or quantity inconsistent with the intended use of the
property: or
Are likely to obstruct or impede the necessary passage of fire or other
emergency personnel.
2. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed
on any private ground any garbage sewage, waste, debris, carcass, or other
substance or matter which is offensive or unhealthy by decomposition; provided that
the use of phosphorous free fertilizer in the normal course for horticulture is
permitted.
Passed by the City Council this
Attest: Catherine Pausche, City Clerk
day of 2016
Mayor, Mark Wegscheid
Published in the taker the of 12016
Effective the day of 12016.
-45-
CITY OF MOUND
RESOLUTION 16 -
AUTHORIZING PUBLICATION OF AN
ORDINANCE BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Mound has adopted Ordinance No. -
2016 amending Chapter. 129 of the Mound City Code as it relates to exterior storage; and
WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4, allows publication by
title and summary in the case of lengthy ordinances; and
WHEREAS, the following summary of Ordinance -2016 has been approved by
the City Council of the City of Mound as clearly informing the public of the intent and effect of
the Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound has
reviewed the following summary of the ordinance and approved its publication in accordance with
Minnesota Statutes, Section 412.191, subdivision 4:
Ordinance -2016 has been approved by the City Council of the City of Mound.
The Ordinance amends Chapter 129 of the Mound City -Code as it relates to exterior
storage by repealing and replacing Subsection 129-314 defining, and clarifying permitted
exterior storage in residentially zoned districts . A copy of the full text of the ordinance is
available at City Hall and at the Mound Public Library,
BE IT FURTHER RESOLVED that the City Clerk keep a copy of the entire text of the
ordinance in her office at city hall for public inspection and that she post of the entire text of the
ordinance at Westonka Public Library in the City.
Passed by the City Council this day of 201_
[requires a four-fifths vote of the council members]
Attest: Catherine Pausche, City Clerk Mayor,
KN