HomeMy WebLinkAboutOrdinance No. 1520ORDINANCE NO. 1520
BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II,
CITY CODE PERTAINING TO PUBLIC NUISANCES
The City of Columbia Heights does ordain:
Chapter 8, Article II of the Columbia Heights City Code, is hereby amended to read as
follows:
ARTICLE II: PUBLIC NUISANCES
Section
8.201 Public nuisance defined
8.202 Public nuisances affecting health
8.203 Public nuisances affecting morals and decency
8.204 Public nuisances affecting peace and safety
8.205 Duties of city officers
8.206 Abatement
8.207 Recovery of cost
§ 8.201 PUBLIC NUISANCE DEFINED.
Whoever by his or her act or failure to perform a legal duty intentionally does any of the
following is guilty of maintaining a public nuisance, which is a misdemeanor:
(A) Maintains or permits a condition which unreasonably annoys, injures or endangers the
safety, health, morals, comfort or repose of any considerable number of members of the public;
(B) Interferes with, obstructs or renders dangerous for passage any public highway or right-
of-way, or waters used by the public; or
(C) Is guilty of any other act or omission declared by law or this subchapter to be a public
nuisance and for which no sentence is specifically provided.
§ 8.202 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) All ponds or pools of stagnant water;
(D) Carcasses of animals not buried or destroyed within 24 hours after death;
(E) Accumulations of manure, refuse or other debris;
(F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so
maintained as to constitute a health hazard ar to emit foul and disagreeable odors;
(G) The pollution of any public well or cistern, stream or lake, canal or body of water by
sewage, industrial waste or other substances;
(H} All noxious weeds and other rank growths of vegetation upon public or private
property;
(I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonabie quantities;
(J) A11 public exposure of people having a contagious disease; and
(K) Any offensive trade or business as defined by statute not operating under local license.
~ 8.203 PUBLIC NUISANCES AFFECTING O LS AND DECENCY.
The following are hereby declared to be nuisances affecting public morals and decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise authorized
by federal, state or local law;
(B) Betting, bookmaking and all apparatus used in such occupations;
(C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse,
gambling houses, houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor is manufactured or disposed of in violation of law
or where, in violation of law, people are permitted to resort for the purpose of drinking
intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation
of law, and all liquor and other property used for maintaining such a place;
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for
promiscuous sexual intercourse, or any other immoral or illegal purpose.
§ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or other
precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from having a
clear view of all traffic approaching an intersection;
(C) Ali wires and limbs of trees which are so close to the surface of a sidewalk or street as
to constitute a danger to pedestrians or vehicles;
(D) All unnecessary noises, odors and annoying vibrations;
(E) Obstructions and excavations affecting the ordinary public use of streets, alleys,
sidewalks or public grounds except under such conditions as are permitted by this code or other
applicable law;
(F) Radio aerials or television antennae erected or maintained in a dangerous manner;
(G) Any use of property abutting on a public street or sidewalk or any use of a public street
or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of
the street or sidewalk;
(H) All hanging signs, awnings and other similar structures over streets and sidewalks, or
so situated so as to endanger public safety, or not constructed and maintained as provided by
ordinance;
(I) The allowing of rain water, ice or snow to fall from any building or structure upon any
street or sidewalk or to flow across any sidewalk;
(J) Any barbed wire fence less than six feet above the ground and within three feet of a
public sidewalk or way;
(K} All dangerous, unguarded machinery in any public place, or so situated or operated on
private property as to attract the public;
(L) Wastewater cast upon or permitted to flow upon streets or other public properties;
(M) Accumulations in the open of discarded or disused machinery, household appliances,
automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes
or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner
creating fire, health or safety hazards from such accumulation;
(N} Any well, hole or similar excavation which is left uncovered or in such other condition
as to constitute a hazard to any child or other person coming on the premises where it is located;
(O) O'r~structioti to the free flow of wafer in a natural waterway or a public street drain,
gutter or ditch with trash of other materials;
(P) The placing or throwing on any street, sidewalk or other public property of any glass,
tacks, nails, battles or other substance which may injure any person or animal or damage any
pneumatic tire when passing over such substance;
(Q) The depositing of garbage or refuse on a public right-of--way or on adjacent private
property;
(R) The display of any advertisement, literature, poster, or sign of any kind on any
telephone or electric utility pole, or on a traffic sign or post erected on a public right-
of-way constitutes a public nuisance under this section; and
(R) Failure to remove or cover graffiti within two business days (Monday through Friday,
excluding legal holidays) of the discovery or notification of the presence of graffiti is
declared to be a public nuisance
For purposes of this section graffiti is defined as the unpermitted application of any
drawing inscription figure or mark upon a structure wall rock bridge building fence
gate, roadway tree or other real or personal property either privately or publicly owned.
(-S} (T) All other conditions or things which are likely to cause injury to the person or property
of anyone.
§ 8.205 DUTIES OF CITY OFFICERS.
The City Engineer, Public Works Superintendent, Police Department, Fire Department,
Building Official, City Planner, or other designated official shall enforce the provisions of this
subchapter relating to nuisances affecting public safety. The Police Department shall enforce
provisions relating to other nuisances and shall assist the other designated officers in the
enforcement of provisions relating to nuisances affecting public safety. Such officers shall have
the power to inspect private premises and take all reasonable precautions to prevent the
commission and maintenance of public nuisances.
§ 8.206 ABATEMENT.
(A) Notice. Written notice of violation; notice of the time, date, place and subject of any
hearing before the City Council; notice of City Council order; and notice of motion for summary
enforcement hearing shall be given as set forth in this section.
(1) Notice of violation. Written notice of violation shall be served by the officer charged
with enforcement on the owner of record or occupant of the premises either in person or by
certified or registered mail. If the premises is not occupied, the owner of record is unknown, or
the owner of record or occupant refuses to accept notice of violation, notice of violation shall be
served by posting it on the premises.
(2) Notice of City Council hearing. Written notice of any City Council hearing to
determine or abate nuisance shall be served on the owner of record and occupant of the premises
either in person or by ^°~*~~°a ^r r°^~°+°r°~' mail. If the premises is not occupied, the owner of
record is unknown, or the owner of record or occupant refuses to accept notice of the City
Council hearing, notice of City Council hearing shall be served by posting it on the premises.
(3) Notice of City Council order. Except for those cases determined by the city to
require summary enforcement, written notice of any City Council order shall be made as
provided in M.S. § 463.17 (Hazardous and Substandard Building Act}, as it maybe amended
from time to time.
(4) Notice of motion for summary enforcement. Written notice of any motion for
summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and
Substandard Building Act), as it maybe amended from dine to dine.
(B} Procedure. ~~Jhenever the officer charged with ei'iforcei%crit deteimines flier a public
nuisance is being maintained or exists an premises in the city, the officer shall notify in writing
the owner of record or occupant of the premises of such fact and order that such nuisance be
terminated or abated. The notice of violation shall specify the steps to be taken to abate the
nuisance and the time within which the nuisance is to be abated. If the notice of violation is not
complied with within the time specified, the enforcing officer shall report that fact forthwith to
the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an
opportunity to be heard, determine that the condition identified in the notice of violation is a
nuisance and further order that if the nuisance is not abated within the time prescribed by the
City Council, the city may seek injunctive relief by serving a copy of the City Council order and
notice of motion for summary enforcement.
(C) Emergency procedure; summary enforcement. In cases of emergency, where delay in
abatement required to complete the notice and procedure requirements set forth in divisions (A)
and (B) of this section will permit a continuing nuisance to unreasonably endanger public health,
safety or welfare, the City Council may order summary enforcement and abate the nuisance. To
proceed with summary enforcement, the officer charged with enforcement shall determine that a
public nuisance exists or is being maintained on premises in the city and that delay in abatement
of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement
officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance
and of the city's intention to seek summary enforcement and the time and piece of the City
Council meeting to consider the question of summary enforcement. The City Council shall
determine whether or not the condition identified in the notice to the owner or occupant is a
nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in
abatement required to complete the procedure set forth in division (A) of this section, and may
order that such nuisance be immediately terminated or abated. If the nuisance is not immediately
terminated or abated, the City Council inay order summary enforcement and abate the nuisance.
(D) Immediate abatement. Nothing in this section shall prevent the city, without notice or
other process, from immediately abating any condition which poses an imminent and serious
hazard to human life or safety.
§ 8.207 RECOVERY OF COST.
(A) Personal liability. The owner of premises on which a nuisance has been abated by the
city shall be personally liable for the cost to the city of the abatement, including administrative
costs. As soon as the work has been completed and the cost determined, the City Clerk-
Treasurer or other official designated by the City Council shall prepare a bill for the cost and
mail it to the owner. Thereupon the amount shall be immediately due and payable at the office
of the City Clerk-Treasurer.
(B) Assessment. If the nuisance is a public health or safety hazard on private property, the
accumulation of snow and ice on public sidewalks, the growth of weeds on private
property or outside the traveled portion of streets, or unsound or insect-infected trees,
the City Clerk-Treasurer shall, on or before September 1 next following abatement of
the nuisance, list the total unpaid charges along with all other such charges as well as
other charges for current services to be assessed under M.S. § 429.101, as it maybe
amended from time to time, against each separate lot or parcel to which the charges are
attributable. The City Council may then spread the charges against such property under
that statute and other pertinent statutes for certification to the County Auditor and
collection along with current taxes the following year or in annual installments, not
exceeding ten, as the City Council may determine in each case.
First Reading: January 22, 2007
Second Reading: February 12, 2007
date of Fassage: February 12, 2007
Offered by: Williams
Seconded by: Kelzenberg
Roll Call: Ayes: Peterson, Nawrocki, Wiiliains, Diehm, Kelzenberg
Mayor ary L. Peterson
Attest:
. ,k A
_ _`~,'
}" ° l~atricia Muscovitz C C
Deputy City Clerk/Council Secretary