HomeMy WebLinkAboutMarch 30, 1998 Work SessionCITY OF COLUMBIA HEIGHTS (}") Mayor
Joseph Sturdevant
Councilmembers
590 40TH AVENUE N.e., COLUMbia HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806D°nald G. Jolly
Marlaine Szurek
Gary L. Peterson
Robert W. Ruettimann
City Manager
Walt Fehst
ADMINISTRATION
NOTICE OF COUNCIL WORK SESSION
Notice is hereby given that a Council Work Session
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
CITY CO UNCIL/CITY STAFF
MONDAY, MARCH 30, 1998
8:00 P.M.
CITY HALL CONFERENCE ROOM
AGENDA
Profl Video from B. Nawrocki
A. Consent Agenda Items
1. Landing of Helicopter at Huset Park for Safety Camp
2. Medtronic Funding for a Traveling Puppet Wagon
B. Discussion Items
1. Board of Appeals
2. Abatement Procedures
3. Pool~Billiard Hall Ordinance
4. Tobacco Law Changes
5. Review of Enforcement Policy and of Draft Letter for Parking Surfaces and Parking Pads
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to,
or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all City of Columbia Heights' services,
programs, and activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension
209, To make arrangements. (TDD/782-2806 for deaf only)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
CiTY OF COLUMBIA HEIGHTS Ce
Councilmembers
590 40TH AVENUE N,E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 7-2 2806D°naldG'J°lly-
ta - Marla£ne Szurek
Gar9' L. Peterson
Robert ~. Ruettimann
City Manager
[Fait Fehst
ADMINISTRATION
NOTICE OF COUNCIL WORK SESSION
Notice is
hereby given that a Council Work Session
is to be held in the
CITY OF COL UMBIA HEIGHTS
as follows:
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
CITY COUNCIL~CITY STAFF
MONDAY, MARCH 30, 1998
8:00 P.M.
CITY HALL CONFERENCE ROOM
AGENDA
Profi Video fi'om B. Nawrocki
A. Consent Agenda Items
1. Landing of Helicopter at Huset Park for SafcO, Camp
2. Medtronic Funding for a Traveling Puppet Wagon
B. Items
Discussion
1. Board of Appeals ~ ~
2. Abatement Procedures br'¢
3. Pool~Billiard Hall Ordinance
5. ~e~iew o~orce~em ~olic~
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to,
or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be
provided to allow b~dividuals with disabilities to participate in all City of Columbia Heights'services,
programs, and activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension
209, To make arrangements. (TDD/782-2806 for deaf on139
?HE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
CITY COUNCIL LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Recreation APPROVAL
Helicopter at Huset Park for Recreation Program
Safety Camp Coordinator
NO: DATE: .~11"7 [ q Z DATE:
Background:
In 1996 and 1997, the Recreation Department has facilitated a Safety Camp for youth ages 2nd-5th grade. This
Safety Camp has had topics such as Electrical Safety, Railroad Safety, Wheel Chair Awareness, Drug Demand
Reduction operation (Air National Guard Helicopter), Police Dog Demonstration, Personal Awareness, Bike
Rodeo, Safe Escape House, and more. Each year the Recreation Department has worked closely with the Police and
Fire Departments to provide safety programming, securing the area at Huset Park for the landing and take-off of
the helicopter, staff representatives as group leaders, and general support to insure that the Safety Camp is a
successful event.
Analysis/Conclusions:
The Third Annual Safety Camp will be held on August 19, 1998. The Air National Guard has been requested to
conduct a drug demand reduction operation at Safety Camp which will include the landing/take-off of a Military
Helicopter at Huset Park.
With the collaboration of the Columbia Heights Police Department and Fire Department, the Recreation
Department will be working to ensure the safety of the participants by contacting the Anoka County Dispatch
regarding the landing of the helicopter, securing a perimeter with the help of the Columbia Heights Police
Department, working with the Fire Department for support in case of an emergency, and working with Public
Works will ensure that the field is prepared for the landing of the Air National Guard Helicopter.
RECOMMENDED MOTION:
Move to approve the landing of the Air National Guard Helicopter for the 1998 Safety Camp held on August 19,
1998 located at Huset Park with an approximate landing time of 9:15 a.m. and a tentative departure of 10:15 a.m.
COUNCIL ACTION:
ADMIN: CCheli.REC
CITY COUNCIL LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Recreation APPROVAL
funding of a Traveling Puppet Recreation Program
Wagon Coordinator
NO: DATE: .~]7/c~ (~ DATE:
Background:
In October 1997, the Recreation Department applied for a grant that would allow the Recreation Department to
increase cultural opportunities, and make the arts and cultural programs more available for families who otherwise
would not be able to participate due to financial reasons.
This program of the arts will increase access for people who are socioeconomically disadvantaged by providing
FREE events to the citizens of Columbia Heights. The Arts In The Parks program had two focuses:
A traveling puppet ~vagon which will provide theatrical productions to children and families
throughout the community park in the City of Columbia Heights. This program will run from
June 15 - August 14, 1998 in the morning at various parks, and will be FREE to the community.
B).
A concert series that will provide a variety of concerts/drama performances lasting 45 minues - 2
hours in length, and held the 2nd and 4m Wednesday evening of each month from June, July, and
August 1998. Each performance would be FREE to the community.
On March 9, 1998 the Medtronic Foundation notified the Recreation Department that they had received funding of
$4,250 for the Traveling Puppet Wagon for the 1998 summer season.
Analysis/Conclusions:
The Recreation Department is in the process of developing a detailed schedule for the 1998 Traveling Puppet
Wagon, which will be showcased in the Summer issue of the "Heights Happenings" brochure.
This program will be an asset to this community, and will increase the communities access to the arts & cultural
pro, ams. The grant monies will be utilized as start-up monies with the intention that the following years will have
a decreased budget which will only include staff costs.
RECOMMENDED MOTION:
Move to accept the grant award in the amount of $4,250 for the 1998 Summer Traveling Puppet Wagon.
COUNCIl. ACTION:
ADMIN: CCheli.REC
C~TY COUNCil LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Buildin~ Inspections APPROVAL
ITEM: Board of Appeals BY: Me, C o I I ova BY:
NO: DATE: March 24, 1998
BACKGROUND
At the present time, the City's Planning and Zoning Commission Members serve as the Board of Appeals. The National Codes state
that a separate Board should act on appeals. The insurance services office did not give the City the rating points associated with
having a board. They treat our existing board the same as if the City Manager was the Board, overriding the departments that have
an Appeal Board available. All the National Codes, building, mechanical, housing, abatement, etc., have a section addressing the
process of appeals. The International Conference of Building Officials Administrative Guidelines do have a recommended make up of
the Board. I have contacted several contractors and residents in an effort to survey the interest level of these prospective members
of the board and have received favorable interest in becoming board members.
ALTERNATIVES
Keep the existing Planning and Zoning Commissioners as the Appeals Board and lose any credits available from the Insurance Services
Office rating.
Direct the Building Official to assemble a formal Board of Appeals using the administrative guidelines for the composition of the board.
FINANCIAL IMPLICATIONS
By assembling the Board using the National Guidelines, the City should be in a better position should the matter go to litigation in the
court system. The Board members would be volunteers and would not receive compensation only satisfaction by becoming more
active in the community. The presence of a formal Board of Appeals would receive a favorable rating from the Insurance Service
Office and savings would be realized by property owners.
MOTION
Move to direct the Building Official to assemble a Board of Appeals using National Guidelines.
COUNCIL ACTION:
Appeals Board
Chapter 14
14/489
APPEALS BOARD
Need for an Appeals Board
Codes are. of practical necessity, an abr/d,*ement of the studies, discussions.
arguments and debates which prox;ide the necessary data on which decisions are
made when any item is being considered for adoption. Since all of the data and
information g~thered and discussed cannot be incorporated into the codes, they
must be condensed ro what is considered re!evanr. This condensation plus th~
absence of annotation could result in certain seemin~ ambiguities requiring
interpretation. With hundreds of different persons ac~minist~rin~ the codes,
different interpretations are inevitable. As a consequence, an i~terpreradon
rendered by a buildin~ official under certain circumstances may be challenged.
There may'be times ~hen a new product or method of construction is proposed
on which the building official takes a negative stand.
These are situations in which a member of the public is entitled to a hearin~
before a qualified board ro determine the validirv of the action of the buildin~
official. The building official may at times c~nvene the board to assist [~
evaluating the merits of a proposed product or method of construction, or even
to assist in the interpretation of code provisions.
The appeals board can play a very important role in helping to keep the
building department on an even ke"~t. In order to make it productive and
meaningful, the development of such a board requires careful plannin~ and
implementation. -
Board Composition
Persons recommended for board membershio should be representative of the
construction profession. A board intended to si~ in judgment or'matters pertain-
ing to the building code should be restricted to those knowledgeable tn matters
controlled bv the building code. This board should consis~ of a structural
engineer, an firchitect, a general contractor and a specialty contractor other than
one from a trade regulated by the codes and. lasdv, a lay member of the public to
represent the lavman point of view. The building;~fficial should be a nonvoting,
ex officio me,Tiber and act as secretary. This group should not act on matters
pertaining to electrical, plumbing and 3nechanical questions.
Source of Membership
In developing an appeals board, the building official should take the initiative
and make contacts with professional organizations, seeking their assistance in
1991 UNIFORM MECHANICAL CODE
202-204
nance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment
is. for the purpose of this section, an unsat'e use. Unsafe equipment is hereby
declared to be a public nuisance and shall be abated by repair, rehabilitation'.
demolition or removal in accordance ~.vith the procedures ~'et forth in the Uniform
Code for the Abatement of Dangerous Buildings or such alternate procedure as
may be adopted by this jurisdiction. As an alternative, the building official or
other employee or official of this jurisdiction as designated by the governing body
may institute other appropriate action to prevent, restrain, correct or abate the
violation.
Board of Appeals
Sec. 203. (a) General. In order to hear and decide appeals of orders, decisions
or determinations made bv the buildin~ official relative to the application and
interpretations of this code~ there shall b~and is herebv created a Board of --Xrmeals
y mu= to mechanical oesl~n, construction and maintenance and the
public health aspects of mechanical sxSstems and who are not employees of the
jurisdiction. The building official sba/1 be an ex officio member and shall act as
secretarv to said board but shall have no vote upon an.,.' matter before the board.
The Board of Appeals shall be appointed bx' the governin~ body and shall hold
office at its pleasure. The board shall adopt'rules of procedure t'~r conducting irs
business and shall render all decisions and findings in writinu to the appellant ,x'ith
a duplicate copy to the building official. ~
(b) Limitations of Authority. The Board of Appeals shall have no authority
relative to interpretation of the administrative provisions of this code nor shall thg
board be empowered to waive requirements of this code.
Violations
Sec. 204. It shall be unlawful for a person, firm or corporation to erect.
construct, enlarge, alter, repair, move. improve, remove, convert or demolish.
equip, use or maintain mechanical svstems or equipment or cause or permit the
same to be done in violation of this c~de.
1994 UNIFORM BUILDING CODE
104.2.6-105.2
defects, nor shall the code enforcement agency or its parent urisdiction be held a~, assuming any
such liability by reason of the inspections auttmrized bv this code or anv permits or certificates is-
sued Lmder this code.
104.2.7 Modifications. When there are practical difficulties involved in carrvina out the provi-
official ~hall first find ~ ~ s s d
and dmt the modification [s in contk~rmance with the intent and pu~ose {~f this code and that such
modification doe, not lessen any fire-protection requirements or any degree of structural integrity.
The derails or'any action ~rantina modification~ ,hail be recorded an& entered in the files of the~o~e
enlbrcement agency.
104.2.8 Alternate materials, alternate design and methods of construction. The provisions of
this code are not intended to prevent the use o(Tan v material, attemate design or method ofconstmc-
tmn not specifically prescribed bv this code. pro~'ided any alternate has been approved and its use
aufl~orized by the building officf~l.
The building official may approve any such alternate, provided the building official finds t
proposed design s satisthcto~, and eo~; ..... :.~ .... .- -. , ~ . : hatthe
~ ' ' ' -,w ~-, ,, m me provisions or t~is co~e a~d that the material.
method or work offered is. tb~the pu~ose intended, a~ least the equivalent of that prescribed in this
code in suitability, strength, eft~cfiveness, fire resistance, durabiliw, safety and sanitation.
The building official shall require that sufficient evidence or proof be submitted to ~ubstantiate
any claims that may be made reaarding i~s u~e. The details of any action granting approval of an
aherna~e shall be recorded and ~ntered in ~he file~ of the code entbrcement agency.
104.2.9 Tests. Whenever there is insufficien~ evidence of compliance with any of ~t~e provisions
of this code or evidence tha~ any material or construction does not contb~ to tf~e requirements of
this code. the buiIding official may require tests as proof of compliance to be made at no expense to
this jurisdiction.
Test methods shall be as specified by this code or by other recognized test standards. If there are
no recognized and accepted ~est methods tbr the propoked altemam, the buildin~ official shall deter-
mine test procedures.
All tests shall be made by an approved agency. Repo~s of such tests shall be retained by the build-
ing official for the period ~equired for the retention of public records.
104.2.1~ CooperaHon of other officials and officers. The build[na official may request, and
shall receive, the assistance and cooperation of other officials of this jurisdiction so f~ras is required
in the discharge of the duties required by this code or other pe~inent law or ordinance.
I 0~.1 General. In order to hear and decide appeals of orders, decisions or dete~inations made by
the building official relative to the application and inte~retadon of this code. there ~hall be and is
hereby created a board of appeals consisting of members who are qualified bv experience and train-
in~ to pass on matters pe~ainina to buildin~ construction and who are not embloyees of the jurisdic-
tion. The buildin~ official shall be an ex o~cio member of and shall act as secrem~, to said board
but shall have no ~'ote on any matter before the board. The board of appeals shall be a~pointed bv the
governing body and shall ~old office at im pleasure. The board shall adopt rules of procedur~
conducting its business, and shall render all decisions and findings in wri~ino to the appellant with a
duplicate copy to the building ot~cial. =
105.2 Limitations of Authority. The board of appeals shall have no authority relative to inte~re-
tafion of the administrative provisions of this code nor shall the board be empowered ~o waive re-
quirements of this code.
1-3
103.1.2
10:~..3.2.2
1997 UNIFORM FIRE CODE
ibuilding official whenever the alternate material or method
involv~ matters regulated by the Building Code.
103.1.3 Practical difficulties. The chief is authorized to modify
any of the provisions of this code upon application in writing by
the owner, a lessee or a duly authorized representative where there
are practical difficulties in the way of carrying out the provisions
of the code. provided that the spirit of the code shall be complied
with, public safety secured and substantial justice done. The par-
ticulars of such modification and the decision of the chief shall be
entered upon the records of the department and a signed copy shall
be furnished to the applicant.
103.1.4 Appeals. To determine the suitability of alternate mate-
rials and types of construction and to provide for reasonable inter-
pretations of the provisions of this code. there shall be and hereby
is created a board of appeals consisting of five members who are
qualified by experience and training to pass judgment upon perti-
nent matters. The chief shall be an ex officio member and shall act
as secretary of the board. The board of appeals shall be appointed
by the executive body and shall hold office at their pleasure. The
board shall adopt reasonable rules and regulations for conducting
its investigations and shall render decisions and findings in writ-
ing to the fire chief, with a duplicate copy to the appellant.
103.1.5 Appendix. See Appendix VI-D for additional informa-
tion related to inspection and enforcement.
103.2 Authority for Inspection and Enforcement.
103.2.1 Authority of the chief and the fire department.
103.2.1.1 General. The chief is authorized to administer and en-
force this code. Under the chief's direction, the fire department is
authorized to enforce all ordinances of the jurisdiction pertaining
to:
1. The prevention of fires,
2. The suppression or extinguishment of dangerous or hazard-
ous fires.
3. The storage, use and handling of hazardous materials,
4. The installation and maintenance of automatic, manual and
other private fire alarm systems and fire-extinguishing equip-
ment,
5. The maintenance and regulation of fire escapes,
6. The maintenance of fire protection and the elimination of
fire hazards on land and in buildings, structures and other proper-
ty, including those under construction,
7. The maintenance of means of egress, and
8. The investigation of the cause, origin and circumstances of
fire and unauthorized releases of hazardous materials.
For authority related to control and investigation of emergency
scenes, see Section 104.
103.2.1.2 Fire prevention bureau personnel and police. The
chief and members of the fire prevention bureau shall have the
powers of a police officer in performing their duties under this
code.
When requested to do so bv the chief, the chief of police is au-
thorized to assign such availa[ole police officers as necessary to as-
sist the fire department in enforcing the provisions of this code.
103.2.2 Organization of the fire prevention bureau.
103.2.2.1 General. A fire prevention bureau established within
the {ire department under the direction of the chief shall consist of
fire department personnel assigned thereto by the chief. The func-
tion of this bureau shall be to assist the chief in the administration
and enforcement of the provisions of this code.
103.2.2.2 Fire marshal. The chief is authorized to designate a
member of the fire department to exercise the powers and perform
the duties of fire prevention engineer as set forth in this code. The
fire prevention engineer could also be known as fire marshal.
103.3 Inspection.
103.3.1 General.
103.3.1.1 Authority to inspect. The fire prevention bureau
shall inspect, as often as necessary, buildings and premises, in-
cluding such other hazards or appliances designated by the chief
for the purpose of ascertaining and causing to be corrected any
conditions which would reasonably tend to cause fire or contrib-
ute to its spread, or any violation of the purpose or provisions of
this code and of any oiher law or standard affecting firesafety.
103.3.1.2 Right of entry. Whenever necessary to make an in-
spection to enforce any of the provisions of this code. or whenever
the chief has reasonable cause to believe that there exists in any
building or upon any premises any condition which makes such
building or premises unsafe, the chief is authorized to enter such
building or premises at all reasonable times to inspect the same or
to perform any duty authorized by this code, provided that if such
building or premises is occupied, the chief shall first present prop-
er credentials and demand entrY: and if such building or premises
is unoccupied, the chief shall first make a reasonable effort to lo-
cate the owner or other persons having charge or control of the
building or premises and demand entry. If such entry is refused,
the chief shall have recourse to every remedy provided by law to
secure entry.
If the owner or occupant denies entry, the chief is authorized to
obtain a proper inspection warrant or other remedy provided bv
law to secure entry. Owners. occupants or any other persons hav-
ing charge, care or control of any building or premises shall, after
proper request is made as herein provided, promptly permit entry
therein by the chief for the purpose of inspection and examination
pursuant to this code.
For the purpose of Section 103.3.1.2. the term "chief" shall in-
clude the chief officer of the fire department serving the jurisdic-
tion and the officers named in Sections 103.2. I.2 and 103.2.2.2.
103.3.1.3 Stop orders. When any work is being done or a condi-
tion is being established contrary to the provisions of this code. the
fire chief may order the work stopped by notice in writing served
on any persons engaged in doing or causing the work to be done.
Such work shall stop until continuation is authorized by the chief.
103.3.2 New construction and alterations.
103.3.2.1 General. Construction or work for which fire de-
partment approval is required shall be subject to inspection by the
chief and such construction or work shall remain accessible and
exposed for inspection purposes until approved.
Approval as a result of an inspection shall not be construed to be
an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this code or of other
ordinances of the .jurisdiction shall not be valid.
It shall be the duty of the permit applicant or contractor or both
to cause the work to remain accessible and exposed t'or inspection
purposes. Neither the chief nor the jurisdiction shall be liable R,r
expense entailed in the removal or replacement of any material re-
quired to allow inspection.
103.3.2.2 Inspection requests, tt shall be the duly of the person
doing the work authorized by a permit to notify the chief that such
1-2
1997 UNIFORM HOUSING CODE
Chapter 2
ENFORCEMENT
201
2O4
SECTION 201 m GENERAL
201.1 Authority. The building official is hereby authorized and
directed to enforce all of the provisions of this code. For such pur-
poses, the building official shall have the powers of a law enforce-
ment officer.
The building official shall have the power to render interpreta-
tions of this code and to adopt and enforce roles and supplemental
regulations to clarify the application of its provisions. Such inter-
pretations, roles and regulations shall be in conformity with the in-
tent and purpose of this code.
201.2 Right of Entry. When it is necessary to make an inspec-
tion to enforce the provisions of this code, or when the building
official has reasonable cause to believe that there exists in a build-
ing or upon a premises a condition that is contrary to or in violation
of this code that makes the building or premises unsafe, dangerous
or hazardous, the building official may enter the building or prem-
ises at reasonable times to inspect or to perform the duties imposed
by this code. provided that if such building or premises be occu-
pied that credentials be presented to the occupant and entry re-
quested. If such building or premises be unoccupied, the building
official shall first make a reasonable effort to locate the owner or
other person having charge or control of the building or premises
and request entry. If entry is refused, the building official shall
have recourse to the remedies provided by law to secure entry.
201.3 Responsibilities Defined. Owners remain liable for vio-
lations of duties imposed by this code even though an obligation is
also imposed on the occupants of the building, and even though
the owner has, by agreement, imposed on the occupant the duty of
furnishing required equipment or of complying with this code.
Buildings and structures and parts thereof shall be maintained
in a safe and sanitary condition. The owner or the owner's desig-
nated agent shall be responsible for such maintenance. To deter-
mine compliance with this subsection, the building may be
reinspected.
Owners, in addition to being responsible for maintaining build-
ings in a sound structural condition, shall be responsible for keep-
ing that part of the building or premises which the owner occupies
or controls in a clean, sanitary and safe condition, including the
shared or public areas in a building containing two or more dwell-
hag units.
Owners shall, when required by this code, the health ordinance
or the health officer, furnish and maintain such approved sanitary
facilities as required, and shall furmst~ and maintain approved de-
vices, equipment or facilities for the prevention of insect and ro-
dent infestation, and when infestation has taken place, shall be
responsible for the extermination of any insects, rodents or other
pests when such extermination is not specifically made the re-
sponsibility of the occupant by !aw or ruling.
Occupants of a dwelling unit. in addition to being responsible
for keeping in a clean, sanitary and sate condition that part of the
dwelling or dwelling unit or premises which they occupy and con-
trol. shall dispose of their rubbish, garbage and other organic
waste in a manner requixed by the health ordinance and approved
by the health officer.
Occupants shall, when required by this code, the health ordi-
nance or the health officer, furnish and maintain approved de-
vices, equipment or facilities necessary to keep their premises safe
and sanitary.
SECTION 202 -- SUBSTANDARD BUILDINGS
Buildings or portions thereof that are determined to be substand-
ard as detZned in this code are hereby declared to be public nui-
sances and shall be abated by repair, rehabilitation, demolition or
removal in accordance with the procedure specified in Chapter I I
of this code.
SECTION 203 m HOUSING ADVISORY AND APPEALS
BOARD
203.1 General. In order to hear and decide appeals of orders, de-
cisions or determinations made by the building official relative to
the application and interpretations of this code, there shall be and
is hereby created a housing advisory and appeals board consisting
of members who are qualified by experience and training to pass
upon maners pertaining to building construction and who are not
employees of the jurisdiction. The building official shall be an ex
officio member and shall act as secretary to said board but shall
have no vote upon any matter before the board. The housing advi-
sory and appeals board shall be appointed by the governing body
and shall hold office at its pleasure. The board shall adopt rules of
procedure for conducting its business and shall render all deci-
sions and findings in writing to the appellant with a duplicate copy
to the building official. Appeals to the board shall be processed in
accordance with the provisions contained in Section 1201 of this
code. Copies of all rules of procedure adopted by the board shall
be delivered to the building official, who shall make them accessi-
ble to the public.
203.2 Limitations of Authority. The housing advisory and ap-
peals board shall have no authority relative to interpretation of the
administrative provisions of this code and the board shall not be
empowered to waive requirements of this code.
SECTION 204 m VIOLATIONS
It shall be unlawful for any person, fu-rn or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert
or demolish, equip, use, occupy, or maintain any building or struc-
ture or cause or permit the same to be done in violation of this
code.
1994 ABATEMENT OF DANGEROUS BUILDINGS
501-504
Chapter5
APPEAL
SECTION 501 -- GENERAL
501.1 Form of Appeal. An.',' person entitled to service under Section 401.3 may appeal from an5'
notice and order or an5' action of the building official under this code by filing at the office of the
building official a written appeal containing:
1. A heading in the words: "Before the board of appeals of the .......... of ......... "
2. A caption reading: "Appeal of ......... "giving the names of all appellants participating in
the appeal.
3. A brief statement setting forth the legal interest of each of the appellants in the building or the
land involved in the notice and order.
4. A brief statement in ordinary and concise language of the specific order or action protested.
together with any material facts claimed to support the contentions of the appellant.
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it
is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses.
7. The verification (by declaration under penalty of perjuryl of at least one appellant as to the
truth of the matters stated in the appeal.
The appeal shall be filed within 30 days from the date of the ser¥ice of such order or action of the
building official: provided, however, that if the building or structure is in such condition as to make
it immediately dangerous to the life. limb. property or safety of the public or adjacent property and
is ordered vacated and is posted in accordance with Section 4.04. such appeal shall be filed within 10
days from the date of the service of the notice and order of the building official.
501.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the build-
ing official shall present it at the next regular or special meeting of the board of appeals.
501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the
written appeal, the board of appeals shall fix a date. time and place for the hearing of the appeal by
the board. Such date shall not be less than 10 days nor more than 60 days from the date the appeal
was filed with the building official. Written notice of the time and place of the hearing shall be given
at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either
by causing a cop3' of such notice to be delivered to the appellant personally or by mailing a copy
thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
SECTION 502 M EFFECT OF FAILURE TO APPEAL
Failure of any person to file an appeal in accordance with the provisions of Section 501 shall consti-
tute a waiver of the right to an administrative hearing and adjudication of the notice and order or an5'
portion thereof.
SECTION 503 m SCOPE OF HEARING ON APPEAL
Only those matters or issues specifically raised by the appellant shall be considered in the hearing of
the appeal.
SECTION 504 m STAYING OF ORDER UNDER APPEAL
Except for vacation orders made pursuant to Section 404. enforcement of an5, notice and order of
the building official issued under this code shall be stayed during the pendency of an appeal there-
from which is properly and timely filed.
CITY COUNCIL LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Building Inspector APPROVAL
ITEM: ABATEMENT PROCEDURES BY: Mel Col!ova
NO: DATE: March 23, 1998
ISSU~
Procedures for abatement (condemnation) of hazardous, vacant buildings.
BACKGROI/ND
In the past the Minnesota Hazardous Building Statutes have been used without a written
procedure in place, It would be in the best interests of the City to adopt a National
Procedure to follow. Should a specific case be challenged in the courts, the courts have,
in the past, given more favorable verdicts when national guidelines and procedures are
used.
ALTERNATIVES
The present unwritten, haphazard procedures could remain and the City takes its chance with
the court system.
This department writes its own procedures using the statutes.
The City, by resolution, adopts the procedures set forth in the 1994 Uniform Code for the
Abatement of Buildings.
RECO14MENDATION
Move to approve the procedures set forth in the 1994 Uniform Code for the Abatement of
Dangerous Buildings.
COUNCIL ACTION:
ccag498
1994 ABATEMENT OF DANGEROUS BUILDINGS
101-103
Chapter 1
TITLE AND SCOPE
SECTION 101 -- TITLE
These regulations shall be known as the Uniform Code for the Abatement of Dangerous Buildings.
ma.,.' be cited as such. and will be referred to herein as ~'this code."
SECTION 102 ~ PURPOSE AND SCOPE
102.1 Purpose. it is the purpose of this code to provide a just. equitable and practicable method, to
be cumulative with and in addition to any other remedy provided by the Building Code. Housing
Code or otherwise available by law. whereby buildings or structures which from any cause endan-
ger the life. limb, health, morals, property, safety or welfare of the general public or their occupants
may be required to be repaired, vacated or demolished.
The purpose of this code is not to create or otherwise establish or designate any particular class or
group of persons who will or should be especially protected or benefited by the terms of this code.
102.2 Scope. The provisions of this code shall apply to all dangerous buildings, as herein defined.
which are now in existence or which may hereafter become dangerous in this jurisdiction.
SECTION 103 ~ ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code shall
be subject to the provisions of Section 3403 of the Building Code.
201-205.1
1994 ABATEMENT OF DANGEROUS BUILDINGS
Chapter 2
ENFORCEMENT
SECTION 201 -- GENERAL
201.1 Administration. The building official is hereby authorized to enforce the provisions of this
code.
The building official shall have the power to render interpretations of this code and to adopt and
enforce rules and supplemental regulations in order to clarify the application of its provisions. Such
interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
201.2 Inspections. The health officer, the fire marshal and the building official are hereby autho-
rized to make such inspections and take such actions as may be required to enforce the provisions of
this code.
201.3 Right of Entry. When it is necessary to make an inspection to enforce the provisions of this
code. or when the building official or the building official's authorized representative has reason-
able cause to believe that there exists in a building or upon a premises a condition which is contrary
to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous.
the building official may enter the building or premises at reasonable times to inspect or to perform
the duties imposed by this code. provided that if such building or premises be occupied that creden-
tials be presented to the occupant and entry requested. If such building or premises be unoccupied.
the building official shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If entD, is refused, the building offi-
cial shall have recourse to the remedies provided by law to secure entD,.
"Authorized representative" shall include the officers named in Section 201.2 and their autho-
rized inspection personnel.
SECTION 202 m ABATEMENT OF DANGEROUS BUILDINGS
All buildings or portions thereof which are determined after inspection by the building official to be
dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section
401 of this code.
SECTION 203 -- VIOLATIONS
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair.
move. improve, remove, convert or demolish, equip, use. occupy or maintain any building or struc-
ture or cause or permit the same to be done in violation of this code.
SECTION 204 -- INSPECTION OF WORK
All buildings or structures within the scope of this code and all construction or work for which a
pem~it is required shall be subject to inspection by the building official in accordance with and in the
manner provided by this code and Sections 108 and 1701 of the Building Code.
SECTION 205 ~ BOARD OF APPEALS
205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by
the building official relative tO the application and interpretations of this code. there shall be and is
hereby created a board of appeals consisting of members who are qualified by experience and train-
1994 ABATEMENT OF DANGEROUS BUILDINGS
205.1-205.2
lng to pass upon matters pertaining to building construction and who are not employees of the juris-
diction. The building official shall be an ex officio member and shall act as secretary to said board
but shall have no vote upon any matter before the board. The board of'appeals shall be appointed by
the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writin~ to the appellant, with a
duplicate copy to the building official. Appeals to the board shrill be processed in accordance with
the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by
the board shall be delivered to the building official, who shall make them ~r'reely accessible to the
public.
205.2 Limitations of Authority. The board of appeals shall have no authority relative to interpre-
tation of the administrative provisions of this code nor shall the board be empowered to waive re-
quirements of this code.
301-302
1994 ABATEMENT OF DANGEROUS BUILDINGS
Chapter 3
DEFINITIONS
SECTION 301 -- GENERAL
For the purpose of this code. certain terms, phrases, words and their derivatives shall be cor~strued
as specified in either this chapter or as specified in the Building Code or the Housing Code. Where
terms are not defined, the3' shall have their ordinary accepted meanings within the context with
which they are used. Webster's Third New International Dictionary of the English Language. Un-
a. bridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used
~n the singular include the plural and the plural the singular. Words used in the masculine gender
include the feminine and the feminine the masculine.
BUILDING CODE is the Unifotw~ Building Code promulgated by the International Conference
of Building Officials. as adopted by this ,jurisdiction.
DANGEROUS BUILDING is any building or structure deemed to be dan_oerous under the pro-
visions of Section 302 of this code. ~
HOUSING CODE is the Unifo~w~ Housing Code promulgated by the International Conference
of Building Officials, as adopted by this jurisdiction.
SECTION 302 -- DANGEROUS BUILDING
For the purpose of this code. any building or structure which has any or all of the conditions or de-
fects hereinafter described shall be deemed to be a dan_oerous building, provided that such condi-
tions or defects exist to the extent that the life. heal~-h, property or safety of the public or its
occupants are endangered: '
I. Whenever any door. aisle, passageway, stairway or other means of exit is not of sufficient
width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or
panic.
2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so
warped, worn. loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in
case of fire or panic.
3. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than one and one half times the working stress or stresses allowed in the Buildin[
Code for new buildings of similar structure, purpose or location.
4. Whenever any portion thereof has been damaged by fire. earthquake, wind. flood or by any
other cause, to such an extent that the structural strenmh or stability thereof is materially less than it
was before such catastrophe and is less than the minimum requirements of the Buildih~ Code for
new buildings of similar structure, purpose or location.
5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become de-
tached or dislodged, or to collapse and thereby injure persons or damage property.
6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in
place so as to be capable of resisting a wind pressure of one half of that specified in the Building
Code for new buildings of similar structure, purpose or location without exceeding the working
stresses permitted in the Building Code for such buildings.
7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that
walls or other structural portions have materially less resistance to winds or earthquakes than is re-
quired in the case of similar new construction.
1994 ABATEMENT OF DANGEROUS BUILDINGS
302
8. Whenever the building or structure, or any portion thereof, because of I i~ dilapidation, deteri-
oration or decay: iii) faulty ~onstruction: ¢iii~ th~ removal, movement or instability of any portion of
the ground necessary for the purpose of supporting such building: (iv) the deterioration, decay or
inadequacy of its foundation: or (v) any other cause, is likely to partially or completely collar)se.
9. Whenever. for any reason, the building or structure, or any portion thereof, is manifestly un-
safe t'or the purpose for which it is being us'-ed. '
10. Whenever the exterior walls or other vertical structural members list. lean or buckle to such
an extent that a plumb line passing through the center of gravity does not fall inside the middle one
third of the base.
l 1. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more
damage or deterioration of its supporting member or members, or 50 percent damage or deteriora-
tion of its nonsupporting members, enclosing or outside walls or coverings.
12. Whenever the building or structure has been so damaged by fire. wind. earthquake or flood."
or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children: (ii) a
harbor for vagrants, criminals or immoral persons; or as to l iii) enable persons to resort thereto for
the purpose of committing unlawful or immoral acts.
t3. Whenever any building orstructure has been constructed, exists or is maintained in violation
of any specific requirement Or prohibition applicable to such building or structure provided by the
building regulations of this jurisdiction, as specified in the Buildino Code or Housin(, Code or of
anv law or ordinance of this state or jurisdiction relating, to the condition, location or structure of
buildin~,s
14. Whenever any building or structure which, whether or not erected in accordance with all
applicable la~vs and ordinances, has in any nonsupporting part. member or portion less than 50 per-
cent, or in any supporting part. member or portion less than 66 percent of the (i) strength, (ii) fire-
resisting qualities or characteristics, or (iii~ weather-resisting qualities or characteristics required
by law in the case of a newly constructed building of like area. height and occupancy in the same
location. ~
15. Whenever a building or structure, used or intended to be used for dwelling purposes, because
of inadequate maintenance'~ dilapidation, decay, damage, faulty construction or'arrangement, inad-
equate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsan-
itary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
16. Whenever any building or structure, because of obsolescence, dilapidated condition, deteri_
oration, damage, inadequate exits, lack of sul"t'icient fire-resistive construction, faulty electric wir-
ing, gas connections or heating, apparatus, or other cause, is determined bv the fire marshal to be a
fire hazard. ~ '
17. Whenever any building or structure is in such a condition as to constitute a public nuisance
known to the common law or in equity jurisprudence.
18. Whenever any portion of a building or structure remains on a site after the demolition or de-
struction of the buitding~ or structure or whenever any buildinG~ or structure is abandoned for a period
in excess of six months so as to constitute such building or portion thereof an attractive nuisance or
hazard to the public.
401--401.3
1994 ABATEMENT OF DANGEROUS BUILDINGS
Chapter 4
NOTICES AND ORDERS OF BUILDING OFFICIAL
SECTION 401 -- GENERAL
401.I Commencement of Proceedings. When the building official has inspected orcaused to be
inspected any building and has found and determined that such building is a dangerous building, the
building official shall commence proceedings to cause the repair, vacation or demolition of the
building.
401.2 Notice and Order. The building official shall issue a notice and order directed to the record
owner of the building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon
which the building is located.
2. A statement that the building official has found the building to be dangerous with a brief and
concise description of the conditions found to render the building dangerous under the provisions of
Section 302 of this code.
3. A statement of the action required to be taken as determined by the building official.
3.1 If the building official has determined that the building or structure must be repaired, the
order shall require that all required permits be secured therefor and the work physically
commenced within such time Inot to exceed 60 days from the date of the order) and com-
pleted within such time as the building official shall determine is reasonable under all of
the circumstances.
3.2 If the building official has determined that the building or structure must be vacated, the
order shall require that the building or structure shall be vacated within a time certain
from the date of the order as determined by the building official to be reasonable.
3.3 If the building official has determined that the building or structure must be demolished.
the order shall require that the building be vacated within such time as the building offi-
cial shall determine is reasonable ~not to exceed 60 days from the date of the order}: that
all required permits be secured therefor w'ith{n 60 days from the date of the order: and that
the demolition be completed within such time as the building official shall determine is
reasonable.
4. Statements advising that if any required repair or demolition work (without vacation also be-
ing required) is not commenced within the time specified, the building official (i) will order the
building vacated and posted to prevent further occupancy until the work is completed, and iii) may
proceed to cause the work to be done and cha~e the costs thereof against the property or its owner.
5. Statements advising (i I that any person having any record title or legal interest in the building
may appeal from the notice and order or any action of the building official to the board of appeals.
provided the appeal is made in writing as provided in this code and filed with the building official
within 30 days from the date of service of such notice and order: and (ii) that failure to appeal will
constitute a waiver of all right to an administrative hearing and determination of the matter.
401.3 Service of Notice and Order. The notice and order, and any amended or supplemental no-
tice and order, shall be served upon the record owner and posted on the property: and one copy
thereof shall be served on each of the following if knoxvn to the buildine official or disclosed from
official public records: the holder of any mortgage or deed of trust or ot'-her lien or encumbrance of
record: tile owner or holder of any lease of record: and the holder of any other estate or leeal interest
of record in or to tile building or the land on which it is located. The failure of the buildin~ official to
serve any person required herein to be served shall not invalidate any proceedings hereunder as to
any other person duly served or relieve any such person t¥om any duty or obligation imposed by the
provisions of this section.
1994 ABATEMENT OF DANGEROUS BUILDINGS
401.4.-404.1
401.4 Method of Service. Service of the notice and order shall be made upon all persons entitled
thereto either personally or bv mailing a copy of .such notice and order by certified mail. postage
prepaid, return receipt requested, to each ,ach person at their address as it appears on the last equal-
ized assessment roll of the county or as known to tile building official. [f no address of any such
person so appears or is known to the building official, then a copy of the notice and order shall be so
mailed, addressed to such person, at the ad'tress of the building involved in tile proceedings. The
failure of any such person to receive ,,ach notice shall not affect the validity of' any proceedings
taken under this section. Service bv certified mail in the manner herein provi~ted sha~ll be efi-'ective
on the date of mailing.
401.5 Proof of Service. Proof of service of the notice and order shall be certified to at the time of
service by a written declaration under penahy ol"perjury executed by the persons effecting service.
declaring the time. date and manner in which service was made. Th~ declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail shall be affixe~ to the copv o'f
the notice and order retained bv th~ buildin~ official~ '
SECTION 402 ~ RECORDATION OF NOTICE AND ORDER
if' compliance is not had with the order v. ithin the time ~,pecii"ied therein, and no appeal has been
properly and timely filed, the building official shall file in the office of the county recorder a certifi-
cate describing the property and ce,"ti~'ing, i~ that the buiiding is a dangerous building and (ii) that
the owner has been so notified. Whenever the corrections ordered shall thereafter have been com-
pleted or the building demolished so that it no longer exists as a dangerous building on the property
described in the certificate, the building official s~all file a new cert~'ficate with the county recorder
certifying that the building has been de~molished or ail required corrections have been m~de so that
the building is no longer dangerous, whichever is appropriate.
SECTION 403 ~ REPAIR, VACATION AND DEMOLITION
The following standards shall be followed by the building official (and by the board of appeals if an
appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or struc-
ture:
1. Any. buildin~ declared a dam,erous.= . buildino= under this code shall be made to comply with one
of the following:
i. I The building shall be repaired in accordance with the current buildin~ code or other cur-
rent code applicable to the type of substandard conditions requirin~repair: or
1.2 The building shall be demolished at the option of the building owner: or
1.3 If the building does not constitute an immediate danger to the life. limb. property or sai-'ety
of the public it may be vacated, secured and maintained against entry.
2. If the buildin~ or structure is in such condition as to make it immediately dangerous to the life.
limb. property or s"afety of the public or its occupants, it shall be ordered t~ be v~cated.
SECTION 404 ~ NOTICE TO VACATE
404.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section
401.3. be posted at or upon each exit of the building and shall be in ~'ubstantially the following form:
DO NOT ENTER
UNSAFE 'FO OCCUPY
It is a misdemeanor to occupy this building, or to remove or
deface this notice.
Building Official
404.2
1994 ABATEMENT OF DANGEROUS BUILDINGS
404.2 Compliance. Whenever such notice is posted, the building official shall include a notifica-
tion thereof in the notice and order issued under Section 401.2. recitin~ the emer~,ency and specify-
ing the conditions which necessitate the posting. No person shall rer~ain in or~nter any building
which has been so posted, except that entry, may be made to repair, demolish or remove such build-
ing under permit. No person shall remove or deface any such notice after it is posted until the re-
quired repairs, demolition or removal have been completed and a certificate of occupancy issued
pursuant ro the provisions of the Building Code.
1994 ABATEMENT OF DANGEROUS BUILDINGS
501-504
Chapter5
APPEAL
SECTION 501 -- GENERAL
501.I Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any
notice and order or an3' action of the building official under this code by filing at the office of th~
building official a written appeal containing:
1. A heading in the words: "Before the board of appeals oi" the .......... of ......... "
2. A caption reading: "Appeal of ......... "gMng the names of all appellants participating in
the appeal.
3. A brief statement setting forth the legal interest of each of the appellants in the building or the
land involved in the notice and order.
4. A brief statement in ordinary and concise tanguage of the specific order or action protested.
together with any material facts claimed to support the contentions of the appellant.
$. A brief statement in ordinary.' and concise language of the relief sought and the reasons why it
is claimed the protested order or action should be reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and their official mailing addresses.
7. The verification {by declaration under penalty of perjury) of at least one appellant as to the
truth of the matters stated in the appeal.
The appeal shall be filed within 30 days t'rom the date of the service of such order or action of the
building official: provided, however, that if the building or structure is in such condition as to make
it immediately dangerous to the life. limb. property or safety of the public or adjacent property and
is ordered vacated and is posted in accordance with Section 404. such appeal shall be filed within I0
days from the date of the service of the notice and order of the building official.
501.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the build-
ing official shall present it at the next regular or special meeting of the board of appeals.
501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the
written appeal, the board of appeals shall fix a date. time and place for the hearing of the appeal by
the board. Such date shall not be tess than I0 days nor more than 60 davs from the date the appeal
was filed with the building official. Written notice of the time and place ~fthe hearing shall be given
at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either
by causing a copy of such notice to be delivered to the appellant' personally or by mailing a copy
thereof, postage prepaid, addressed to the appellant at the address shown on the appeal
SECTION 502 -- EFFECT OF FAILURE TO APPEAL
Failure of any person to file an appeal in accordance with the provisions of Section 501 shall consti-
tute a waiver of the right to an administrative hearing and adjudication of the notice and order or any
portion thereof.
SECTION 503 -- SCOPE OF HEARING ON APPEAL
Only those matters or issues specifically raised by the appellant shall be considered in the hearing of
the appeal.
SECTION 504 -- STAYING OF ORDER UNDER APPEAL
Except for vacation orders made pursuant to Section 404, enforcement of any notice and order of
the building official issued under this code shall be stayed during the pendency of an appeal there-
['rom which is properly and timely filed.
601-603.1
1994 ABATEMENT OF DANGEROUS BUILDINGS
Chapter 6
PROCEDURES FOR CONDUCT OF HEARING APPEALS
SECTION 601 -- GENERAL
601.1 Hearing Examiners. The board ma.,.' appoint one or more hearing examiners or designate
one or more of its members to serve as hearing examiners to conduct the hearings. The examiner
hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to
the board for decision.
601.2 Record. A record of the entire proceedings shall be made by tape recording or by any other
means of permanent recording detem'fined to be appropriate by the board.
601.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic report-
er if requested by any party thereto. A transcript of the proceedings shall be made available to all
parties upon request and upon payment of the fee prescribed therei-'or. Such fees may be established
by the board, but shall in no event be greater than the cost involved.
601.4 Continuances. The board may grant continuances for good cause shown: ho~vever, when a
hearing examiner has been assigned to such hearing, no continuances may be granted except by the
examiner for good cause shown so long as the matter remains before the examiner.
601.5 Oaths--Certification. In any proceedings under this chapter, the board, any board mem-
ber. or the hearing examiner has the power to administer oaths and affirmations and to certify to
official acts.
601.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dis-
patch to conclude any matter before it. Due regard shall be shown for the convenience and necessity
of any parties or their representatives.
SECTION 602 -- FORM OF NOTICE OF HEARING
The notice to appellant shall be substantially in the following form. but ma)' include other informa-
tion:
"You are hereby notified that a hearing will be held before (the board of appeals or name of hear-
ing examiner) at ........... on the ............ day of ............ 19 ........ at the
hour .......... upon the notice and order sen, ed upon you. You may be present at the hearing.
You may be. but need not be. represented by counsel. You may present any relevant evidence and
will be given full opportunity to cross-examine all wimesses testiS'lng against you. You may re-
quest the issuance of subpoenas to compel the attendance ofwimesses and the production of books,
documents or other things by filing an affidavit therefor with (board of appeals or name of hearing
examinerl."
SECTION 603 m SUBPOENAS
603.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a sub-
poena for the attendance of witnesses or the production of other evidence at a hearing upon the re-
quest ora member of the board or upon the written demand of any part5'. The issuance and sen, ice of
such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and
address of the proposed witness: specifies the exact things sought to be produced and the materiality
thereof in detail to the issues involved: and states that the witness has the desired things in posses-
sion or under control. A subpoena need not be issued when the affidavit is defective in any particu-
lar.
10
1994 ABATEMENT OF DANGEROUS BUILDINGS
603.2-605.1
603.2 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all sub-
poenas shall be obtained through the examiner.
603,3 Penalties. Any person who refuses without lawful excuse to attend any hearing or to pro-
duce material evidence which the person possesses or controls as required by afiy subpoena served
upon such person as provided t'or herein shall be guilty or' a misdemeanor.
SECTION 604 -- CONDUCT OF HEARING
604.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence
and witnesses.
604.2 Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
604.3 Hearsay Evidence. Hearsay evidence mav be used for the purpose of supplementing orex-
plaining any direct evidence, but sh~.ll not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions in courts of competent jurisdiction in this state.
604.4 Admissibility of Evidence. An)' relevant evidence shall be admitted if it is the type of evi-
dence on which responsible persons are accustomed to rely in the conduct of serious affairs, regard-
less of the existence of any common law or statutory rule ~hich might make improper the admission
of' such evidence over objection in civil actions in courts of competent jurisdiction in this state.
604.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
604.6 Rights of Parties. Each party shall have these rights, among others:
l. To call and examine witnesses on any matter relevant to the issues of the hearing:
2. To introduce documentary, and physical evidence:
3. To cross-examine opposing wimesses on any matter relevant to the issues of the hearing:
4. To impeach any witness regardless of which party first called the witness to testify:
5. To rebut the evidence:
6. To be represented by anyone who is lawfully permitted to do so.
604.7 Official Notice.
604.7.1 What may be noticed. In reaching a decision, official notice mav be taken, either before
or after submission'of the case for decision, o~i-' anv fact which may bej udici~lly noticed by the courts
of this stare or of official records of the board or ~tepartments and ordinances of the city or rules and
regulations of the board.
604.7.2 Parties to be notified. Parties present at the hearing shall be informed of the matters to be
noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
604.7..3 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportu-
nity. on request, to refute the officially noticed matters by evidence or by written or oral presentation
of authofity, the manner of such ref~ttation to be determined by the board or hearing examiner.
604.7.4 Inspection of'the premises. The board or the hearing examiner may inspect any building
or premises involved in the appeal during the course of the hearing, provided that (i) notice of such
inspection shall be given to the parties before the inspection is made. (ii) the parties are given an
opportunity to be present during the inspection, and (iii) the board or the hearing examiner shall
state for the record upon completion of the inspection the material facts observed and the conclu-
sions drawn theref¥om. Each party then shall have a fight to rebut or explain the matters so stated by
the board or hearing examiner. '
SECTION 605 -- METHOD AND FORM OF DECISION
605.1 Hearing before Board Itself. When a contested case is heard before the board itself, a
member thereof who did not hear the evidence or has not read the entire record of the proceedinus
shall not vote on or take part in the decision. ~
11
605.2-605.8
1994 ABATEMENT OF DANGEROUS BUILDINGS
605.2 Hearing before Examiner. If a contested case is heard by a hearing examiner alone, the
examiner shall within a reasonable time (not to exceed 90 days frown the date the hearing is closed)
submit a written report to the board. Such report shall contain'a brief summa~ of the evi~dence con-
sidered and state the examiner's findings, conclusions and recommendations. The report also shall
contain a proposed decision in such form that it may be adopted by the board as its decision in the
case. All examiner's reports filed with the board shall be matters of public record. A copy of each
such report and proposed decision shall be mailed to each party on the date they are filed with the
board. '
605.3 Consideration of Report by BoardwNotice. The board shall fix the time. date and place
to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each in-
terested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of
the parties. '
605.4 Exceptions to Report. Not later than two days before the date set to consider the report, any
part.,,, may file written exceptions to any part or all of'the examiner's report and may attach thereto a
proposed decision together with written argument in support of such decision. Bx' leave of the
board, any party may present oral argument to the board.
605.5 Disposition by the Board. The board may adopt or reject the proposed decision in its en-
tirety, or may modify the proposed decision.
605.6 Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in
Section 605.5. the board may decide the case upon the entire record before it. with or without taking
additional evidence, or may refer the case to the same or another hearing examiner to take additional
evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and
proposed decision as provided in Section 605.2 hereof after any additional evidence is submitted.
Consideration of such proposed decision by the board shall comply with the provisions of this sec-
tion. ' '
605.7 Form of Decision. The decision shall be in writing and shall contain findings of fact. a de-
termination of the issues presented, and the requirements to be complied with. A copy of the deci-
sion shall be delivered to the appellant personally or sent by certified mail. postage prepaid, return
receipt requested. ' '
605.8 Effective Date of Decision. The effective date of the decision shall be as stated therein.
12
1994 ABATEMENT OF DANGEROUS BUILDINGS
701-702
Chapter 7
ENFORCEMENT OF THE ORDER
OF THE BUILDING OFFICIAL
OR THE BOARD OF APPEALS
SECTION 701 -- COMPLIANCE
701.1 General. After any order of the building official or the board of appeals made pursuant to
this code shall have become final, no person to whom any such order is directed shall fail. neglect or
refuse to obey any such order. Any such person who fails to comply with any such order is guilty ora
misdemeanor.
701.2 Failure to Obey Order. If. after any order of the building official or board of appeals made
pursuant to this code has become final, the person to whom such order is directed shall fail, neglect
or refuse to obey such order, the building official may (i) case such person to be prosecuted under
Section 70 I. 1 or { ii) institute an3, appropriate action to abate such building as a public nuisance.
701.3 Failure to Commence Work. Whenever the required repair or demolition is not com-
menced within 30 days after any final notice and order issued under this code becomes effective:
1. The building official shall cause the buildine described in such notice and order to be vacated
by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to remove or
deface this notice.
Building Official
2. No person shall occupy any building which has been posted as specified in this subsection. No
person shall remove or deface any such notice so posted until the repairs, demolition or removal
ordered by the building official have been completed and a certificate of occupancy issued pursuant
to the provisions of the Building Code.
3. The building official may. in addition to any other remedy herein provided, cause the building
to be repaired to the extent necessa~' to correct the conditions which render the building dangerous
as set forth in the notice and order: or. if the notice and order required demolition, to cause the build-
ing to be sold and demolished or demolished and the materials, rubble and debris therefrom re-
moved and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost
thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized
from the sale of any such building, or from the demolition thereof, over and above the cost of demo-
lition and of cleaning the lot. shall be paid over to the person or persons lawfully entitled thereto.
SECTION 702 -- EXTENSION OF TIME TO PERFORM WORK
Upon receipt of an application from the person required to contbrm to the order and by agreement of
such person to comply with the order if allowed additional time. the buildine official may grant an
extension of time. not to exceed an additional 120 days, within which to com~plete said repair, reha-
bilitation or demolition, if the building official determines that such an extension of time will not
create or perpetuate a situation imminently dangerous to lite or property. The building official's
authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises
and will not in any way affect the time to appeal the notice and order.
13
703
1994 ABATEMENT OF DANGEROUS BUILDINGS
SECTION 703 -- INTERFERENCE WITH REPAIR OR DEMOLITION WORK
PROHIBITED
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized
representative of this jurisdiction or with any person who owns or holds any estate or interest in any
building which has been ordered repaired, vacated or demolished under the provisions of this code:
or with any person to whom such building has been lawfully sold pursant to the provisions of this
code. whenever such officer, employee, contractor or authorized representative of this jurisdiction,
person having an interest or estate in such building or structure, or purchaser is engaged in the work
of repairing, vacating and repairing, or demolishing any such building, pursant to the provisions of
this code. or in performing any necessary act Preliminary. to or incidental to such work or authorized
or directed pursant to this code.
14
1994 ABATEMENT OF DANGEROUS BUILDINGS
801--802.2
Chapter 8
PERFORMANCE OF WORK OF REPAIR OR DEMOLITION
SECTION 801 -- GENERAL
80 l.l Procedure. When any work of' repair or demolition is to be done pursuant to Section 701.3,
item 3. o~' this code. the building official shall issue an order therefor to the director of public works
and the work shall be accomplished by personnel of this jurisdiction orby private contract under the
direction of >ai'd director. Plans and specifications therefor may be prepared by said director, or the
director may employ such architectural and engineering assistance on a contract basis as deemed
reasonably hecessa~v. If any part of the work is to be accomplished by pri~'ate contract, standard
public works contractual procedures shall be followed.
801.2 Costs. The cost ot"such work .,,hall be paid from the repair and demolition ~'und. and may be
made a special assessment against the property involved, or may be made a personal obligation of
the property owner, whichever the legislative Body of this jurisdiction shall determine is appropri-
ate.
SECTION 802 m REPAIR AND DEMOLITION FUND
802.1 General. The legislative body of'this jurisdiction shall establish a special revolving fund to
be designated as the repair and demoiition ~"und. Payments shall be made out of said fund upon the
deman~t of' the director of public works to defray the costs and expenses ~t hich may be incun'ed by
this jurisdiction in doing or causing to be done the necessar?' work of repair or demolition of'danger-
ous buildings.
8t)2.2 Maintenance of Fund. The legislative body may at any time transfer to the repair and de-
molition fund. out of' any money in the general fund of this jurisdiction, such sums as it may deem
necessary in order to exCedite the performance -of the work of repair or demolition, and any sum so
transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the
proceeds of the collections hereinafter provided ton All funds collected under the proceedings here-
inafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the
repair and demolition fund.
15
901-905.1
1994 ABATEMENT OF DANGEROUS BUILDINGS
Chapter 9
RECOVERY OF COST OF REPAIR OR DEMOLITION
SECTION 901 -- ACCOUNT OF EXPENSE, FILING OF REPORT
The director of public works shall keep an itemized account of the expense incurred by thisjurisdic-
tion in the repair or demolition of any building done pursuant to the provisions of Section 701.3.
Item 3. of this code. Upon the completion of the work of repair or demolition, said director shall
prepare and file with the clerk of this jurisdiction a report specifying the work done. the itemized
and total cost of the work. a description of the real property upon which the building or structure is or
was located, and the names and addresses of the persons entitled to notice pursuant to Section 401..3.
SECTION 902 -- NOTICE OF HEARING
Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this
.jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time. date and
place for hearing said report and any protests or objections thereto. The clerk of this jurisdiction
shall cause notice of said hearing to be posted upon the property involved, published once in a news-
paper of general circulation in this jurisdiction, and served b~' certified mail, postage prepaid, ad-
dressed to the owner of the property as the owner's name and address appears on the last equalized
assessment roll of the county, if such so appears, oras known to the clerk. Such notice shall be given
at least 10 days prior to the date set for the hearing and shall specie, the day. hour and place when the
legislative body will hear and pass upon the director's report, together with any objections or pro-
tests which may be filed as hereinafter provided by any' person interested in or affected by the pro-
posed charge.
SECTION 903 -- PROTESTS AND OBJECTIONS
Any person interested in or affected by the proposed charge mav file written protests or objections
with the clerk of this jurisdiction at an3, time prior to the time se~ for the hearing on the report of the
director. Each such protest or objection must contain a description of the property in which the sign-
er thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction
shall endorse on every such protest or objection the date of receipt. The clerk shall present such
protests or objections {o the legislative body of this jurisdiction at the time set for the hearing, and no
other protests or objections shall be considered.
SECTION 904 -- HEARING OF PROTESTS
Upon the day and hour fixed for the hearing, the legislative body of this.jurisdiction shall hear and
pass upon the report of the director together with any such objections or protests. The legislative
body, may make such revision, correction or modification in the report or the charge as it may deem
just: and when the legislative body is satisfied with the correctness of the charge, the report (as sub-
mitted or as revised, corrected or modi fled ) to,.z, ether with the charge, shall be confirmed or rejected.
The decision of the legislative body of this ju~sdiction on the report and the cha~e, and on all pro-
tests or objections, shall be final and conclusive.
SECTION 905 ~ PERSONAL OBLIGATION OR SPECIAL ASSESSMENT
905.1 General. The legislative body or' this jurisdiction may thereupon order that said charge
shall be made a personal obligation of the propert3 owner or assess said charge against the property
involved.
16
1994 ABATEMENT OF DANGEROUS BUILDINGS
905.2-911
905.2 Personal Obligation. If the legislative body of this jurisdiction orders that the charge shall
be a personal obligation of' the property owner, it shall direct the attorney for this jurisdiction to
collect the same on behalf of this jurisdiction by use of all appropriate legal remedies.
91}5.3 Special Assessment. [f the legislative body of this jurisdiction orders that the charge shall
be assessed against the property, it shall confirm the assessment, cause the same to be recorded on
the assessment roll. and thereafter said assessment shall constitute a special assessment against and
a lien upon the property.
SECTION 906 -- CONTEST
The validity of' any assessment made under the provisions of this chapter shall not be contested in
any action or proceeding unless the same is commenced within 30 days after the assessment is
placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action
or proceeding must be perfected within 30 days after the entry, of such judgment.
SECTION 907 -- AUTHORITY FOR INSTALLMENT PAYMENT OF ASSESSMENTS
WITH INTEREST
The legislative body of this jurisdiction, in its discretion, may determine that assessments in
amounts of S500.00 or more shall be payable in not to exceed five equal annual insfallments. The
legislative body's determination to allow payment of such assessments in installments, the number
of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted
prior to the confirmation or:the assessment.
SECTION 908 -- LIEN OF ASSESSMENT
908.1 Priority. immediately upon its being placed on the assessment roll the assessment shall be
deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be
liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all
existing special assessment liens previously imposed upon the same property and shall be para-
mount to all other liens except for state, county and property taxes with which it shall be upon a
parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.
908.2 Interest. All such assessments remaining unpaid after 30 days from the date of recording on
the assessment roll shall become delinquent and shall bear interest at the rate of 7 percent per annum
from and after said date.
SECTION 909 m REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF
ASSESSMENT TO TAX BILL
After confirmation of the report, certified copies of the assessment shall be given to the assessor and
the tax collector for this jurisdiction, who shall add the amount of the assessment to the next regular
tax bill levied against the parcel for municipal purposes.
SECTION 910 -- FILING COPY OF REPORT WITH COUNTY AUDITOR
[f the county assessor and the county tax collector assess property and collect taxes for this jurisdic-
tion. a certified copy of the assessment shall be filed with the county auditor on or before August
10th. The descriptions of the parcels reported shall be those used for the same parcels on the county
assessor's map books for the current year.
SECTION 911 -- COLLECTION OF ASSESSMENT: PENALTIES FOR
FORECLOSURE
The amount of the assessment shall be collected at the same time and in the same manner as ordi-
nary property taxes are collected: and shall be subject to the same penalties and procedure and sale
17
911-912
1994 ABATEMENT OF DANGEROUS BUILDINGS
in case of delinquency as provided for ordinary property taxes. All laws applicable to the lev3,, col-
lection and enforcement of property taxes shall be applicable to such assessment.
If the legislative body of this .jurisdiction has determined that the assessment shall be paid in in-
stallments, each installment and any interest thereon shall be collected in the same manner as ordi-
nary. property taxes in successive years. If any installment is delinquent, the amount thereof is
subject to the same penalties and procedure for sale as provided for ordinary property taxes.
SECTION 912 -- REPAYMENT OF REPAIR AND DEMOLITION FUND
All money recovered by payment of the charge or assessment or from the sale of the property at
foreclosure sale shall be paid to the treasurer of this .jurisdiction. who shall credit the same to the
repair and demolition fund.
18
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.402(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.4O2(3)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or 'billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
In addition to the grounds for revocation set forth in subsections (al through (el above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2 POOLIBILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(al
(b)
Possesses a license issued pursuant to the provisions of this
chapter; and
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5.402(2)
5.402(3)
5.402(4)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of ~ the Zoning
Ordinance.
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices
5.411(2)(b-e).
as defined by
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
5.402(10)
(a)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant for
such a business;
Whether the licensee or operator of the pool hall or pool tables would
have operational control over both business activities;
Whether the operation of pool tables would be an incident of said
other licensed business, or would be an independent business sharing
the same premises.
Applications shall contain a statement of the number of gaming tables to be utilized,
and whether the tables are coin operated, and if arcade games are to be utilized, the
number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating whether the
premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
Applications under this section shall include a statement whether the applicant has ever
been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
No pool hall licensed under this section ~ shall be located:
(a) Within three hundred (300) feet of any school building or church, or
(b)
If no alcohol is served at the pool hall or billiards hall, within two
hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person
not at least 18 years of age from entering the establishment as a patron unless
accompanied by a parent or legal guardian except when involved in an official
school, religious, or other recreational activity sponsered and/or supervised by
a public entity or civic organization.
The license may be revoked or suspended in accordance with this chapter whenever the
licensee, its owner, manager, or any of its employees or agents have engaged in any of
the following conduct:
(a) Fraud, deception or misrepresentation in connection with the
securing of a license;
(b) Conduct inimical to the interests of public health, safety and welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court of
competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an initial
application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of
the license if the Police Department for the City receives five or more complaints within one month's time of any of the
following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen
goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.4O2(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2 POOLIBILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(a)
(b)
Possesses a license issued pursuant to the provisions of this
chapter; and
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5.402(2)
5.4O2(3)
5.402(4)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of
~,,~;~ the Zoning
Ordinance.
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games
5.411(2)(b-e).
or devices as defined by
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
5.402(5)
5.402(6)
5.402(7)
5.4O2(8)
5.4O2(9)
5.402(10)
(a)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant for
such a business;
Whether the licensee or operator of the pool hall or pool tables would
have operational control over both business activities;
Whether the operation of pool tables would be an incident of said
other licensed business, or would be an independent business sharing
the same premises.
Applications shall contain a statement of the number of gaming tables to be utilized,
and whether the tables are coin operated, and if arcade games are to be utilized, the
number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating whether the
premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
Applications under this section shall include a statement whether the applicant has ever
been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
No pool hall licensed under this section ~ shall be located:
(a) Within three hundred (300) feet of any school building or church, or
(b)
If no alcohol is served at the pool hall or billiards hall, within two
hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person
not at least 18 years of age from entering the establishment as a patron unless
accompanied by a parent or legal guardian except when involved in an official
school, religious, or other recreational activity sponsered and/or supervised by
a public entity or civic organization.
The license may be revoked or suspended in accordance with this chapter whenever the
licensee, its owner, manager, or any of its employees or agents have engaged in any of
the following conduct:
(a) Fraud, deception or misrepresentation in connection with the
securing of a license;
(b) Conduct inimical to the interests of public health, safety and welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court of
competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an initial
application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of
the license if the Police Department for the City receives five or more complaints within one month's time of any of the
following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen
goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
CITY COUNCIL LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY:
Pool/Billiard Halls
DATE: March 26, 1998
NO:
BACKROUND
This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7)
of the License Ordinance Section pertaining to the licensing of Pool/Billiard Halls. A copy of that request is attached.
The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #1286 on May 9, 1994.
The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the
language of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend, for
administrative reasons, eliminating the reference to the specific Chapter 9.105(5) and change it to read the Zoning Ordinance. It is
possible that the chapter numbers of items in the Zoning Ordinance will be changing once it is rewritten and reworked this year.
The change previously explained will alter the sequence of the numbers of the sections.
These changes, along with two alternative language changes (Draft #1 and Draft #2 attached) pertaining to the age limitation and hours
of operation as drafted by the License Review Committee were reviewed at the City Council meeting of March 23, 1998. The Council
requested specific language be drafted in another alternate form (Draft #3 attached).
ANALYSIS/CONCLUSION
At their meeting of March 23, 1998, the City Council recommended language to amend Section 5.402(9) striking the current language
prohibiting any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal
guardian. The new language will read "Any Pool Hall or Billiards Hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least
18 years of age from remaining in the establishment as a patron beyond ~ hour prior to their curfew with notification given by the
establishment one hour prior to curfew. Further, this requirement shall be prominently displayed inside at all entrances and exits to the
business and in at least two other locations inside the hall".
This language has not been reviewed by the City Attorney as of this date. Staff hopes to have his recommendations for the new language
by the time of the work session on March 30, 1998.
COUNCIL ACTION:
ccag398
CITY COUNCIL LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Ordinance Ne. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY:
Pool/Billiard Halls
DATE: March 26, 1998
NO:
RECOMMENDED MOTION
Move to waive the reading of Draft//3 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft//3 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance. No. 1370 on April
27, 1998.
ALTERNATE MOTION
Move to waive the reading of Draft//1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft//1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on April
27, 1998.
ALTERNATE MOTION
Move to waive the reading of Draft//2 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Pool/Billiard Halls as ample copies are available to the public.
Move to adopt Draft//2 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls
implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on April
27, 1998.
COUNCIL ACTION:
ccag398
FEB ~7'9~ 1~:~7 FR SERGRTE 61~ 844 5708 TO S78~801 P.01×0~
To: KathrFn R Pepin
Kathy could you plcas¢ put this on thc agenda for the march coun~l m~tint.
Call me with any question or concerns, thanks a§'~dn.
David L Wagner
Office: 806-2516
Home: 5,~-8 I93
FEB 27'90 12:27 FR SEAGATE ~12 844 5?08 TO 9?82280! P.02/02
To the counsel members of the City of Columbia Heights,
We at Jimmy's Pro Billiards would like to request a changc in thc ordhmnce rcsWict/n£
unaccompanied minors f~om cnte~ our business. We are, to the best of our knowledge,
· e only bus/ness w/thout alcohol or offensive material that has a rcstr/cted license. Wc
would like to make this change for the following reasons:
1. We offer a clean well managed business that is safe and fun for all age groups.
2. We offer structured league play that consists of three person teams.
3. We offer tournament play for all skill levels including beginners.
4 We offer pool, video I~ames, soft drinks and finger food.
$. We offer employment opportunities to the commllnf~y.
If this change were grantccl;
1. We would honor the curfew rules of Anoka County.
2. We would use the PA system to nnnounee curfew restrlction~.
3, We would seek the advice of the Columbia Heights police dept.
4. We would hire additional staff if necessary to maintnin a safe clean environment.
5. We would mentor and be positive role models for m;uors and the comm__unity,
Wc look forward to discussing this further and thank you for your continued support,
Your ti-lends (~ Jimmy's Pro Billiards
TOTAL PAGE.002 **
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as
follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used for
a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for licensure
pursuant to the provisions of this chapter.
5.402(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any
building, structure or tract of land which has as at least one use or activity the
providing of any of the following or any combination of any of the following
amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker {not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine {9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3)
A license application for operation of pool tables on the same premises as any other
licensed business or proposed commercial activity shall contain a statement indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a business;
whether the licensee or operator of the pool hall or pool tables would have operational
control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.4O2(4)
Applications shall contain a statement of the number of gaming tables to be utilized,
and whether the tables are coin operated, and if arcade games are to be utilized, the
number of said games.
5.4O2(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating whether the
premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
Applications under this section shall include a statement whether the applicant has ever
been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or billiards
hall, within two hundred (200) feet of any school
building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of age
from entering the establishment as a patron unless accompanied by
a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section 5.402, a
conditional use permit shall be required and issued pursuant to and in accordance with
the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter whenever the
licensee, its owner, manager, or any of its employees or agents have engaged in any of
the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of
the license if the Police Department for the City received five or more complaints within one month's time of any of the
following activities occurring within, upon or around the premises operating the licensed pool hall: fencing of stolen ooods,
possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
Shall hereafter be amended to read as follows:
SECTION 2
POOL/BILLIARD HALLS
5.402(1 )
No person shall operate or maintain a pool hall or pool table on any premises used for
a business or commercial activity unless that person:
(a)
(b)
Possesses a license issued pursuant to the provisions of this chapter;
and
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this chapter.
5.402(2)
5.402(3)
5.402(4)
For any person operating a pool hall or billiards hall pursuant to this section,
a Conditional Use Permit shall be required and issued pursuant to and in
accordance with the provisions of E~aptwr-9~-BS{5) the Zoning Ordinance.
For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any
building, structure or tract of land which has as at least one use or activity the
providing of any of the following or any combination of any of the following
amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-
e).
A license application for operation of pool tables on the same premises as any other
licensed business or proposed commercial activity shall contain a statement indicating:
3
5.402(5)
5.402(6)
5.402(7)
5.402(8)
~ 5.402(9)
5.402(10)
(a)
(b)
(c)
(d)
The nature of other licensed or proposed business .or commercial
activity;
The name and date of birth of the licensee or license applicant for
such a business;
Whether the licensee or operator of the pool hall or pool tables would
have operational control over both business activities;
Whether the operation of pool tables would be an incident of said
other licensed business, or would be an independent business sharing
the same premises.
Applications shall contain a statement of the number of gaming tables to be utilized,
and whether the tables are coin operated, and if arcade games are to be utilized, the
number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating whether the
premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
Applications under this section shall include a statement whether the applicant has ever
been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
pool hall licensed under this section ~) shall be located:
(a) Within three hundred (300) feet of any school building or church, or
(h)
If no alcohol is served at the pool hall or billiards hall, within two
hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person
not at least 18 years of age from remaining in the establishment as a patron
beyond ½ hour prior to their curfew with notification given by the
establishment one hour prior to curfew.
This requirement shall be prominently displayed inside at all entrances and
exits to the business and in at least two other locations inside the hall.
The license may be revoked or suspended in accordance with this chapter whenever the
licensee, its owner, manager, or any of its employees or agents have engaged in any of
the following conduct:
(a) Fraud, deception or misrepresentation in connection with the
securing of a license;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court of
competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an initial
application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of
the license if the Police Department for the City receives five or more complaints within one month's time of any of the
following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen
goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as
follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used for
a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for licensure
pursuant to the provisions of this chapter.
5.4O2(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any
building, structure or tract of land which has as at least one use or activity the
providing of any of the following or any combination of any of the following
amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.402(3)
A license application for operation of pool tables on the same premises as any other
licensed business or proposed commercial activity shall contain a statement indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a business;
whether the licensee or operator of the pool hall or pool tables would have operational
control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be utilized,
and whether the tables are coin operated, and if arcade games are to be utilized, the
number of said games.
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
(e)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating whether the
premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
Applications under this section shall include a statement whether the applicant has ever
been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
No pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(h)
if no alcohol is served at the pool hall or billiards
hall, within two hundred (200) feet of any school
building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of age
from entering the establishment as a patron unless accompanied by
a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section 5.402, a
conditional use permit shall be required and issued pursuant to and in accordance with
the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter whenever the
licensee, its owner, manager, or any of its employees or agents have engaged in any of
the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
in addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of
the license if the Police Department for the City received five or more complaints within one month's time of any of the
following activities occurring within, upon or around the premises operating the licensed pool hall: fencing of stolen goods,
possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
Shall hereafter be amended to read as follows:
SECTION 2
POOL/BILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used for
a business or commercial activity unless that person:
(a)
(b)
Possesses a license issued pursuant to the provisions of this chapter;
and
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this chapter.
5.402(2)
5.402(3)
5.402(4)
For any person operating a pool hall or billiards hall pursuant to this section,
a Conditional Use Permit shall be required and issued pursuant to and in
accordance with the provisions of ~ the Zoning Ordinance.
For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any
building, structure or tract of land which has as at least one use or activity the
providing of any of the following or any combination of any of the following
amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411 (2)(b-
e).
A license application for operation of pool tables on the same premises as any other
licensed business or proposed commercial activity shall contain a statement indicating:
3
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
5.402(10)
(a)
(b)
(c)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant for
such a business;
Whether the licensee or operator of the pool hall or pool tables would
have operational control over both business activities;
Whether the operation of pool tables would be an incident of said
other licensed business, or would be an independent business sharing
the same premises.
Applications shall contain a statement of the number of gaming tables to be utilized,
and whether the tables are coin operated, and if arcade games are to be utilized, the
number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating whether the
premises are in compliance with all applicable ordinances and regulations, unless the
same premises have been previously inspected within the same calendar year in
conjunction with the issuance of a license for any other business or commercial activity.
Applications under this section shall include a statement whether the applicant has ever
been convicted for violation of any law relating to gambling activities. Such a
conviction may be grounds for denial of said license application.
No pool hall licensed under this section (9 shall be located:
(a) Within three hundred (300) feet of any school building or church, or
(b)
If no alcohol is served at the pool hall or billiards hall, within two
hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person
not at least 18 years of age from remaining in the establishment as a patron
beyond ~ hour prior to their curfew with notification given by the
establishment one hour prior to curfew,
This requirement shall be prominently displayed inside at all entrances and
exits to the business and in at least two other locations inside the hall.
The license may be revoked or suspended in accordance with this chapter whenever the
licensee, its owner, manager, or any of its employees or agents have engaged in any of
the following conduct:
(a) Fraud, deception or misrepresentation in connection with the
securing of a license;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court of
competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engagin9 in conduct which would be grounds for denial of an initial
application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of
the license if the Police Department for 'the City receives five or more complaints within one month's time of any of the
following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen
goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault.
DRAFT
ORDINANCE NO. 1370
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD
HALLS
The City of Columbia Heights does ordain:
Section 2:
Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads
as follows, to wit:
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person
(a) possesses a license issued pursuant to the provisions of this chapter; and
(b)
is at least eighteen years of age at the time of submitting an application for
licensure pursuant to the provisions of this chapter.
5.402(2)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by 5.411(2)(b-e).
5.4O2(3)
A license application for operation of pool tables on the same premises as an,/
other licensed business or proposed commercial activity shall contain a statement
indicating:
(a)
(b)
(c)
(d)
the nature of other licensed or proposed business or commercial activity;
the name and date of birth of the licensee or license applicant for such a
business;
whether the licensee or operator of the pool hall or pool tables would have
operational control over both business activities;
whether the operation of pool tables would be an incident of said other licensed
business, or would be an independent business sharing the same premises;
5.402(4)
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
5.402(5)
5.402(6)
5.4O2(7)
5.402(8)
5.402(9)
(a)
(b)
(c)
(d)
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
pool hall licensed under this section:
(i) shall be located:
(a)
within three hundred (300) feet of any school
building or church, or,
(b)
if no alcohol is served at the pool hall or
billiards hall, within two hundred (200) feet of
any school building or church;
(ii)
Any pool hall or billiards hall operating pursuant to Section
5.402(7)(i)(b) shall prohibit any person not at least 18 years of
age from entering the establishment as a patron unless
accompanied by a parent or legal guardian.
For any person operating a pool hall or billiards hall pursuant to this section
5.402, a conditional use permit shall be required and issued pursuant to and in
accordance with the provisions of Chapter 9.105(5).
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
Fraud, deception or misrepresentation in connection with the securing of a license;
Conduct inimical to the interests of public health, safety and welfare;
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
Failure to comply with any of the provisions of this section or engaging in conduct
which would be grounds for denial of an initial application for licensure.
2
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City received five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall:
fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct
or assault.
Shall hereafter be amended to read as follows:
SECTION 2
POOLIBILLIARD HALLS
5.402(1)
No person shall operate or maintain a pool hall or pool table on any premises used
for a business or commercial activity unless that person:
(a)
Possesses a license issued pursuant to the provisions of this
chapter; and
(b)
Is at least eighteen years of age at the time of submitting an
application for licensure pursuant to the provisions of this
chapter.
5.402(2)
For any person operating a pool hall or billiards hall pursuant to this
section, a Conditional Use Permit shall be required and issued pursuant to
and in accordance with the provisions of ~ the Zoning
Ordinance.
5.402(3)
For the purpose of this section, the terms "pool hall" and "billiards hall" shall
mean any building, structure or tract of land which has as at least one use or
activity the providing of any of the following or any combination of any of the
following amusements:
(a)
(b)
(c)
(d)
(e)
billiards/pool (not coin operated);
snooker (not coin operated);
bumper pool (not coin operated);
table tennis (not coin operated);
less than nine (9) arcade games or devices as defined by
5.411(2)(b-e).
5.402(4)
5.402(5)
5.402(6)
5.402(7)
5.402(8)
5.402(9)
5.402(1 O)
A license application for operation of pool tables on the same premises as any
other licensed business or proposed commercial activity shall contain a statement
indicating:
{a)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant
for such a business;
Whether the licensee or operator of the pool hall or pool tables
would have operational control over both business activities;
Whether the operation of pool tables would be an incident of
said other licensed business, or would be an independent
business sharing the same premises.
Applications shall contain a statement of the number of gaming tables to be
utilized, and whether the tables are coin operated, and if arcade games are to be
utilized, the number of said games.
Applications shall be referred to the Chief of the Fire Prevention Bureau and the
Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with all applicable ordinances and
regulations, unless the same premises have been previously inspected within the
same calendar year in conjunction with the issuance of a license for any other
business or commercial activity.
Applications under this section shall include a statement whether the applicant has
ever been convicted for violation of any law relating to gambling activities. Such
a conviction may be grounds for denial of said license application.
No pool hall licensed under this section {-i) shall be located:
(a)
Within three hundred (300) feet of any school building or church,
or
(b)
If no alcohol is served at the pool hall or billiards hall, within
two hundred (200) feet of any school building or church.
Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any
person not at least 18 years of age from entering the establishment as a patron
unless accompanied by a parent or legal guardian.
Hours of operation Sunday through Thursdays shall be between the hours
of 5:00 a.m. and 10:00 p.m. and on Friday and Saturday between the hours
of 5:00 a.m. and 11:00 p.m.
5.402(11)
The license may be revoked or suspended in accordance with this chapter
whenever the licensee, its owner, manager, or any of its employees or agents
have engaged in any of the following conduct:
(a)
Fraud, deception or misrepresentation in connection with the
securing of a license;
(b)
Conduct inimical to the interests of public health, safety and
welfare;
(c) Conduct involving moral turpitude;
(d)
Conviction of an offense involving moral turpitude by any court
of competent jurisdiction;
(e)
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an
initial application for licensure.
In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for
revocation of the license if the Police Department for the City receives five or more complaints within one month's
time of any of the following activities occurring within, upon or around the premises operating the licensed
pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication,
disorderly conduct or assault.
poolord
CITY COUNCIL LETTER
Meeting of:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Ordinance No. BY: Kathryn Pepin BY:~f~~~
NO: DATE: March 25, 1998
BACKGROUND
Due to significant requirements pertaining to tobacco use adopted by the Federal and State government, cities are required to adopt
and implement these changes, many of which went into effect August 1, 1997.
Staff has used the model ordinance received from the Minnesota League of Cities. The model is based on provisions of ordinances
from cities across the country and on the minimum standards imposed by Minnesota Session Laws 1997, Chapter 227. The
provisions of this model ordinance have either been upheld by the courts, or should be readably defendable.
ANALYSISICONCLUSiON
A multitude of staff time and the City Attorney's time has gone into the review, compilation, discussion and adaptation of this
proposed ordinance to the needs of Columbia Heights.
RECOMMENDED MOTION
Move to waive the reading of Ordinance No. , Amending Ordinance No. 853 of City Code, pertaining to the licensing of
Cigarette/Tobacco Sales as ample copies are available to the public.
Move to adopt Ordinance No. , Amending Ordinance No. 853 of City Code, pertaining to the licensing of Cigarette/Tobacco Sales
and to conduct the second reading of Ordinance No. On April 27, 1998.
COUNCIL ACTION:
tobaccolicenseord.wpd
Minnesota Statute Section 144.391
Legislative statement on public policy
about youth smoking
The legislature finds that:
(1) smoking causes premature death, disability., and chronic disease,
including cancer and heart disease, and lung disease;
(2) smoking related diseases result in excess medical care costs; and
(3) smoking initiation occurs primarily in adolescence.
The legislature desires to prevent young people from starting to smoke, to
encourage and assist smokers to quit, and to promote clean indoor air.
HIST: 1Sp1985 c 14 art 19 s 13
Youth and Tobacco Addiction
iSSUeS
· Smoking is the number one preventable cause of
death in Minnesota
· In 1992, almost 6,000 deaths in Minnesota were
attributable to smoking, :md nearly $470 million was
spent on health care costs for smoking-attributable
diseases.
· Nicotine has been found to be as addictive
heroin, cocaine :md alcohol.
· Over 70% of adults who currently smoke every.
day started smoking by age 18.
· Efforts have not been successful in reducing the
numbers of youth who smoke, and youth smoking is
now described as a "pediatric epidemic."
· The number of ;Minnesota 9th graders who smoke
cig~ettes at le~t once per week increased from 12%
in 1992 to 18% in 1995, :md smoking among I2th
graders incre~ed from 22% to 25% during the same
period.
· Approximately 12% of Minnesota 12th gra~ers
use smokeless tobacco daily.
· One third to one h~If of children who experiment
with smoking become regular smokers.
· The younger a child begins smoking, the more
likely it is that he or she will become a heavy smoker
a.s :m adult.
· Children illeg~Ily pun:hose over 250 million
packs of cigarettes every, year, generating $962
million in sales revenue.
· Studies in Minnesota have shown that underage
girls succeed in purchasing tobacco over the counter
in 71% of their attempts, boys in 35% of their at-
tempts. Vending machines provide even easier a~cess.
· M:my factors interact to encourage cigarette
smoking among youth, including smoking by peers
and family members, tobacco advertising :md promo-
tion, :md easy avaliability of cigarettes.
Immediate Health Consequences
Children ~ ~ increased risk for: general decrease in
physical fimess; incre~ed coughing :md phlegm:
greater susceptibility to :md severity, of respiratory.
illnesses; early development of artery, disease, a
possible' pr=em-sot of heart disease: slower rare of
lung growth, which may lead to reduced level of
normal lung function; and addiction to tobacco
products.
Long-term Health Consequences
Smoker~ m'~ ~t increased risk for: canc:~ cf the lung.
mouth, ph .arynx. e~ophagus, pancreas. ~mmacn. kidney.
cervix, uterus and bladder;, cardiovascular disease: s~roke:
ch~nic lung disease; respiraxcry illnesses: premature
dea~ a~d disability. Women who smoke during pregnancy
subject them.selves and their babies to special risks.
including pregnancy complicatdons, premature birth, low
birth weight infants, stillbirth and infant mortai~.
January. 1996
Minnesota Department of Heatth
Division of Family Health
All of tobacco's consequences are preventable.
ORDINANCE NO.
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIGARETTE/TOBACCO
SALES
The City of Columbia Heights does ordain:
Section 2: Section 5.302 of Ordinance NO. 853, City Code of 1977, which currently reads as follows, to wit:
5.302(1)
No person shall engage in the trade or sale at retail of cigarettes or cigarette wrappers without a license
issued pursuant to the provisions of this chapter.
5.302(2)
License applicants under this section shall state in the application the location where cigarettes or
cigarette wrappers will be sold, the general nature of other business conducted at said location, and
whether sales will be made by vending machine or over the counter.
5.302(3)
A separate license shall be required for each location or machine where cigarettes or wrappers are sold.
5.302(4)
No licensee or agent or employee thereof shall sell or distribute cigarettes or cigarette wrappers to a
minor.
5.302(5)
The requirements for a license under this section is supplemental to the requirement for a license under
any other section of this Article.
Shall hereafter be amended to read as follows:
(*This section designed after the model ordinance from the League of Minnesota Cities and implements required language
as addressed in State Statutes.)
SECTION 2
CIGARETTE/TOBACCO SALES
5.302(I)
PURPOSE.. An ordinance relating to the sale, possession, and use of tobacco, tobacco
products, and tobacco related devices in the City and to reduce the illegal sale,
possession, and use of such items to and by minors.
Because the City recognizes that many persons under the age of 18 years purchase or
otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use are violations of State laws; studies have
shown that most smokers begin smoking before they have reached the age of 18 years
and that those persons who reach the age of 18 years without having started smoking
are significantly less likely to begin smoking; and because smoking has been shown to
be the cause of several serious health problems which subsequently place a financial
burden on all levels of government; this ordinance shall be intended to regulate the sale,
possession, and use of tobacco, tobacco products, and tobacco related devices for the
purpose of enforcing and furthering existing laws, to protect minors against the serious
effects associated with the illegal use of tobacco, tobacco products, and tobacco
related devices, and to further the official public policy of the State of Minnesota in
regard to preventing young people from starting to smoke as stated in Mn. Statute
144.391.
5.302(2)
DEFINITIONS AND INTERPRETATIONS. Except as may otherwise be provided or
clearly implied by context, all terms shall be given their commonly accepted definitions.
The singular shall include the plural and the plural shall include the singular. The
masculine shall include the feminine and neuter, and vice-versa. The term "shall" means
mandatory and the term "may" means permissive. The following terms shall have the
definitions given to them:
(A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any
substance or item containing tobacco leaf, including but not limited to, cigarettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco;
snuff flowers; cavendish; shorts plug and twist tobaccos; dipping tobaccos; refuse
scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of
tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or
smoking.
(B) Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco
product as well as a pipe, rolling papers, or other device used in a manner which
enables the chewing, sniffing, or smoking of tobacco or tobacco products.
(C) Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays
of tobacco, tobacco products, or tobacco related devices in any manner where any
person shall have access to the tobacco, tobacco products, or tobacco related devices,
without the assistance or intervention of the licensee or the licensee's employee. The
assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-service merchandising shall not include vending machines.
(D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispenses tobacco, tobacco products, or
tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco
product, or tobacco related device.
(E) Individually Packaged. "Individually packaged" shall mean the practice of selling
any tobacco or tobacco product wrapped individually for sale. Individually wrapped
tobacco and tobacco products shall include, but not be limited to, single cigarette
packs, single bags or cans of loose tobacco in any form, and single cans or other
packaging of snuff or chewing tobacco. Cartons or other packaging containing more
than a single pack or other container as described in this section shall not be considered
individually packaged.
(F) Loosies. "Loosies" shall mean the common term used to refer to a single or
individually packaged cigarette.
(G) Minor. "Minor" shall mean any natural person who has not yet reached the age of
eighteen (18) years.
(H) Retail Establishment. "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices are available for sale to
the general public. Retail establishments shall include, but not be limited to, grocery
stores, convenience stores, and restaurants.
(1) Moveable Place of Business. "Moveable Place of Business" shall refer to any form
of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
(J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other
consideration.
(K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to
investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices for educational,
research and training purposes as authorized by State and Federal laws. Compliance
checks may also be conducted by other units of government for the purpose of
enforcing appropriate Federal, State, or local laws and regulations relating to tobacco,
tobacco products, and tobacco related devices.
5.302(3)
LICElgSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related devices without first having obtained a license to do so
from the City.
(A) Application. An application for a license to sell tobacco, tobacco products, or
tobacco related devices shall be made on a form provided by the City. The application
shall contain the lull name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed application, the License Clerk shall forward the application to the City
Council for action at its next regularly scheduled meeting. If the clerk shall determine
that an application is incomplete, he or she shall return the application to the applicant
with notice of the information necessary to make the application complete.
(B) Action. The City Council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record check prior to formal
review by the City Council. If the City Council shall approve the license, the License
Clerk shall issue the license to the applicant. If the City Council denies the license,
notice of the denial shall be given to the applicant along with notice of the applicant's
right to appeal the Council's decision.
(C) Term. The term of each license shall follow the calendar year with an expiration
date of December 31 of each year and are not pro-rated.
(D) Revocation or Suspension. Any license issued under this ordinance may be revoked
or suspended as provided in the Violations and Penalties section of this ordinance.
(E) Transfers. All licenses issued under this ordinance shall be valid only on the
premises for which the license was issued and only for the person to whom the license
was issued. Change of location or applicant will be required to be treated as a new
application.
(F) Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
ordinance.
(G) Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
(H) Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application. The request for renewal shall be made at
least sixty days but no more than ninety days before the expiration of the current
license. The issuance of a license issued under this ordinance shall be considered a
privilege and not an absolute right of the applicant and shall not entitle the holder to an
automatic renewal of the license.
5.302(4)
FEES. No license shall be issued under this ordinance until the appropriate license fee
shall be paid in full.
5.3O2(5)
BASIS FOR DENIAL OF LICENSE. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may
otherwise be provided by law, the existence of any particular ground for denial does not
mean that the city must deny the license. If a license is mistakenly issued or renewed
to a person, it shall be revoked upon the discovery that the person was ineligible for the
license under this Section:
(A) The applicant is under the age of 18 years.
(B) The applicant or any employee thereof has been convicted within the past five
years of any violation of a Federal, State, or local law, ordinance provision, or other
regulation relating to tobacco or tobacco products, or tobacco related devices.
(C) The applicant has had a license to sell tobacco, tobacco products, or tobacco
related devices revoked within the preceding twelve months of the date of application.
(D) The applicant fails to provide any information required on the application, or
provides false or misleading information.
(E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation, from holding such a license.
5.302(6)
PROHIBITED SALES. It shall be a violation of this ordinance for any persons,
employee or responsible party to sell or offer to sell any tobacco, tobacco product, or
tobacco related device:
(A) To any person under the age of eighteen (18) years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to make a
verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco product, or tobacco related device and whereby there is not a
physical exchange of the tobacco, tobacco product, or tobacco related device between
the licensee or the licensee's employee, and the customer.
(D) By means of Ioosies.
(E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process.
(F) By any other means, to any other person, or in any other manner or form prohibited
by Federal, State, or other local law, ordinance provision, or other regulation.
5.~2~7/ 9[~DI~G MACHI~I~S PI~OHIBITIOig. It shall be unlawful for any person licensed
under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related
devices by the means of a vending machine.
5.302(8)
SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to
allow the sale of tobacco, tobacco products, or tobacco related devices by any means
whereby the customer may have access to such items without having to request the
item from the licensee or the licensee's employee and whereby there is not a physical
exchange of the tobacco, tobacco product, or the tobacco related device between the
licensee or his or her clerk and the customer. All tobacco, tobacco products, and
tobacco related devices shall either be stored behind a counter or other area not freely
accessible to customers or in a case or other storage unit not left open and accessible
to the general public. Any retailer selling tobacco, tobacco products, or tobacco related
devices at the time this ordinance is adopted shall comply with this section before a
new license is issued for the next license year.
5.302(9)
RESPONSIBILITY. All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or
tobacco related devices on the licensed premises, and the sale of such an item by an
employee shall be considered a sale by the license holder. It shall be the license holders
responsibility to provide training to 'any employee conducting tobacco sales and/or sales
of tobacco related products and devices and to document proof of such training to be
provided upon request by any enforcing agent of the City.
5.302(10)
COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to
inspection by the City Police or other authorized City Official during regular business
hours. From time to time, but at least once per year, the City shall conduct compliance
checks by engaging, with the written consent of their parents or guardians, minors over
the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed
premise to attempt to purchase tobacco, tobacco products, or tobacco related devices.
Minors used for the purpose of compliance checks shall be supervised by City
designated law enforcement officers or other designated City personnel. Minors used
for the purpose of compliance checks shall not be guilty of unlawful possession of
tobacco, tobacco products, or tobacco related devices when such items are obtained as
a part of the compliance check. No minor used in compliance checks shall attempt to
use a false identification misrepresenting the minor's age, and all minors lawfully
engaged in a compliance check shall answer all questions about the minors age asked
by the licensee or his or her employee and shall produce any identification for which he
or she is asked. Nothing in this section shall prohibit compliance checks authorized by
State or Federal laws for educational, research, or training purposes, or required for the
enforcement of a particular State or Federal law.
5.302(11)
OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
A. Illegal Sales. It shall be a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product, or tobacco related device to any
minor.
B. Illegal Possession. It shall be a violation of this ordinance for any minor to have in
his or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf
of the City.
C. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew,
sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
D. Illegal Procurement. It shall be a violation of this ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or
tobacco related device, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall also be violation
of this ordinance for any person to sell or otherwise provide any tobacco, tobacco
product, or tobacco related device to any minor, and it shall further be a violation for
any person to coerce or attempt to coerce a minor to illegally purchase or otherwise
obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision
shall not apply to minors lawfully involved in a compliance check on behalf of the City.
E. Use of False Identification. It shall be a violation of this ordinance for any minor to
attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the
person has been modified or tampered with to represent an age older than the actual
age of the person.
5.302(12)
VIOLATIOlPS. In addition to any fine or other penalty, whether civil or criminal,
violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license.
A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued,
either personally or by mail, a citation that sets forth the alleged violation and which
shall inform the alleged violator of his or her right to be heard on the accusation.
B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall
be scheduled, the time and place of which shall be published and provided to the
accused violator.
C. Hearing Officer. The City Council shall serve as the hearing officer.
D. Decision. If the hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officers reasons for finding a violation and
the pe~aity to t~e imposed under the Penalty section of this ordinance, shall be recorded
in writing, a copy of which shall be provided to the accused violator. Likewise, if the
hearing officer finds that no violation occurred or finds grounds for not imposing any
penalty, such findings shall be recorded and a copy provided to the acquitted accused
violator.
E. Appeals. Appeals of any decision made by the hearing officer shall be filed in the
district court for the city in which the alleged violation occurred.
F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from
seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the
City elects to seek misdemeanor prosecution, no administrative penalty shall be
imposed.
G. Continued Violation. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
5.302(13)
PENALTIES.
A. Licensees. Any licensee found to have violated this ordinance, or whose employee
shall have violated this ordinance, shall be charged an administrative fine of 875.00 for
a first violation of this ordinance; 8200.00 for a second offense at the same licensed
premises within a twenty-four (24) month period; and 8250.00 for a third or
subsequent offense at the same location within a twenty-four (24) month period. In
addition, after the third offense, the license shall be suspended for not less than seven
(7) days.
B. Other Individuals. Other individuals, other than minors regulated by Section C of
this subsection, found to be in violation of this ordinance shall be charged an
administrative fee of 850.00.
C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or
attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be
required to attend a diversion or educational program.
D. Misdemeanor. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any violation of this ordinance.
5.302(14)
EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a
lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative
defense to the violation of this ordinance for a person to have reasonably relied on
proof of age as described by State law.
5.302(15)
SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of
competent jurisdiction, that finding shall not serve as an invalidation or effect the
validity and enforceability of any other section or provision of this ordinance.
To:
From:
Subject:
Date:
Mayor and City Council
Dana Alexon, Assistant Fire Chief
Hard Surface Parking Letter and Enforcement
March 26, 1998
Hard Surface Parking Letter
At the Council work session on March 16, fire department staff was directed to prepare
a letter to inform all property owners who were identified last year as not having proper
hard surface parking or driveways. Attached is a copy of the letter which we intend to
mail to those property owners. Input to the letters was received from staff in the
Community Development and Public Works departments.
Our intent was to keep the letter simple and, at most, one page in length. We chose
not to go into significant detail in the letter but provide several applicable telephone
numbers instead.
Our intent is to mail this letter on March 31. If you would like something changed in the
letter this can be done. A copy of the letter will be sent to all departments so they are
aware of this letter and can refer any misdirected callers to the proper departments.
Additional mailings of this or similar letters would be made in May and June to ensure
that property owners receive notice of the ordinance. Also, the topic is discussed on
the latest Calendar program on local cable TV.
.Enforcement Procedure
The intended enforcement procedure which would be followed by the Housing
Maintenance Office is the same as done for other violations of the Housing
Maintenance code. The procedure is as follows:
c2-98~9.w~ 1
Beginning on July 1, 1998, inspectors would conduct drive-by inspections to
verify that the originally identified properties do lack proper hard surface parking
and/or driveways. This inspection would be considered to be the initial
inspection.
At this point, each identified property would receive our standard violation letter.
Property owners would be given 45 days to comply with the violation letter. This
letter advises the property owner of the $40 inspection fee which is charged if
the violations are not corrected prior to the initial reinspection.
After 45 days (approximately mid-August), inspect the properties again. This
would be considered to be the initial re-inspection. Properties remaining in
violation would receive another violation letter; in this letter they would be
advised of a re-inspection fee of $40 which they now owe since we will have to
conduct another inspection. This letter also advises the owner of the next
inspection, 30 days later.
After another 30 days (mid September) properties would again be inspected.
Properties remaining in violation would receive another violation letter; this letter
would provide notice of a final inspection to be conducted in 15 days; would
charge $40 for the inspection just conducted and advise of an additionai$40 fee
charged if the violations remain uncorrected at the next (final) inspection. In
addition, this letter would indicate that the property owner would receive an
Administrative Tag if the violations remain uncorrected at the next (final)
inspection.
After 15 days (early October) the final inspection would be conducted. A tag
would be issued to all property owners not in compliance. Additional tags could
be issued every 30 days for property owners who remain in violation.
Our office will consider all requests for extensions received from property owners at
virtually any point in the process. Contractor availability may be an issue for some
homeowners; we would grant an extension for any homeowner with a signed contract to
complete the necessary repairs until after the date the contractor states they can
complete the work.
For those owners who have an unpaved city alley which is the access to their unpaved
driveway or parking area, an extension would be granted upon request until such time
as the city paves the alley.
Requests for extensions for other reasons would be handled on an individual basis
within our office.
Appeals Process
c2-98069.wpd 2
The appeals process for this issue is the same as for any other violation of the Housing
Maintenance Code. Appeals are considered upon request by the Planning and Zoning
Commission and upon payment of the $100 appeal fee.
c2-98069.wpd 3
ClTY OF COLUMBIA HEIGHTS (1")
555 MILL STREET N.E., COLUMBIA HEIGHT$~ MN 55421-3878 (612) 782-2830 TDD 782-2806
Mamh 31, 1998
IMPORTANT CITY ORDINANCE NOTIFICATION
Dear Property Owner:
In 1994, City Ordinance #1281 was passed, this ordinance, commonly known as the "housing
Maintenance Cede," defined acceptable parking and driveway surface and required that parking areas be
hard-surfaced by July 1, 1997. This ordinance defines the size of a parking pad as 9 feet by 20 feet and
defines "hard-surface" to be either asphalt or concrete.
On June 23, 1997, the City Council passed City Ordinance #1348 which extended the date for hard-
surface parkinq compliance to July 1, 1998. In June, 1997, notice was published in the Focus
Newspaper relating to this ordinance. In the Fall, 1997 and Spring, 1998 issues of the Heights
Happenings newsletter notice was given that this ordinance would be taking effect on July 1, 1998.
During June, 1997, Housing Maintenance Code inspectors conducted a "drive-by" survey of the city to
identify the extent of the issue of driveways and parking areas which were not hard-surfaced. During this
survey, your property was identified as appearing to not have proper hard-surface driveways and/or
parking areas. Further surveys and inspections have not been conducted since that date.
This letter is being sent to all residential properties which were identified in June, 1997. The purpose is
to inform you of the City Ordinance and the July 1, 1998 compliance deadline. If you have completed
this project already, or when you complete this project, please contact our office so that we may update
our records appropriately. If you have questions about enfomement of this ordinance and what it may
mean to you, contact the Housing Maintenance Inspection office at 782-2835.
The Public Works Department is attempting to arrange with local asphalt and concrete contractors to
provide the best price possible to the citizens affected by this ordinance. We highly recommend that you
assure that any contractor you choose to complete this work is reputable for your own protection. All
contractors working in the city must be licensed to work within the City of Columbia Heights.
There is an appeals process. To file an appeal, one must submit a completed application for appeal
along with an explanation of the request and a fee of $100 per address. The appeal will be presented
before the Planning and Zoning Commission, who serve as the Board of Appeals, for review and
consideration. The Planning and Zoning Commission meets the first Tuesday of each month. Any
applications for appeal must be received by the Planning and Zoning Department a minimum of twenty
(20) days prior to the meeting date. For questions pertaining to the appeals process, you may contact
the Planning Department at 782-2856 or 782-2817.
The City of Columbia Heights offers Iow interest loans to qualified homeowners with incomes below
$49,000 for owner/occupied properties. If you would like to obtain additional information and further
requirements for Iow interest loans, you may contact Jennifer Bergman at 782-2859.
Sincerely,
Housing Maintenance Cede Office
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER