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HomeMy WebLinkAboutOrdinance No. 1535ORDINANCE NO. 1535 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GENERAL PROVISION DEFINITIONS § 1.105 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. This definition shall apply to all sections of the City Code that reference City Clerk-Treasurer. TREASURER. The Columbia Heights Finance Director. CITY CLERK. The Columbia Heights City Clerk. CLERK. The Columbia Heights Licensing Clerk § 1.119 COPIES OF CODE. Copies of this code shall be kept in the office of the City Clerk for public inspection and sale for a reasonable charge. § 2.201 INDEX OF ORDINANCES. An index of all ordinances hereafter adopted by the Council shall be maintained by the City Clerk. The index shall include the ordinance number, whether the ordinance is general or special, and where applicable, the provision of this code that is modified, deleted, or added to by said ordinances. § 3,204 Finance Department (A) The Finance Director also serves as the Treasurer. The Finance Department shall keep records and accounts of all money received or expended on behalf of the city, indicating the source and disposition thereof, and he shall ensure that all monies belonging to the city are properly deposited in the designated depository bank. (B) (1) The Finance Department shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (2) The Finance Department shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (3) The Finance Department shall perform such other duties and functions as may be required by law, by enactment of the Council, or as may be designated by the Manager. (4) The Finance Department shall maintain financial records in accordance with the Governmental Accounting Standards Board. (C) The Finance Department shall give bond to the city as may be required by the Charter, and provided by the Council. (D) Municipal liquor store operations as authorized by §4.501 shall be administered under the Finance Department by a liquor operations manager. § 3.208 City Clerk (A) The City Clerk shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (B) The City Clerk shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (C) The City Clerk shall administer and process ail applications for municipal office, and shall perform all duties required by law relating to the conduct of elections in the city. (D) The City Clerk shall serve as the secretary of the city council. § 3.301 PARK AND RECREATION COMMISSION. (C) The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however, that no single expenditure shall be made in an amount in excess of that authorized by City Charter. (1) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths vote of said Council. § 3.303 MERIT BOARD. (B) The Merit Board shall be composed of five members from among residents of the city. (1) Members of the Board shall serve for a term of four years, to be staggered so that each year one of the members shall be newly appointed. (2) Each Board member shall subscribe to and file with the City Clerk an oath for the faithful discharge of his duties. § 4.103 ASSESSMENTS PROCEDURE. (A) The Council shall determine by resolution the amount of total expense the municipality will pay, other than any amounts as a property owner, and the amount to be specially assessed. (1) The amount to be assessed against every assessable lot, piece or parcel of land shall then be calculated in accordance with the provisions of M.S. § 429.051, as it may be amended from time to time. (2) The proposed assessment roll shall be filed with the Treasurer and made available for public inspection. § 4.104 MIDBLOCK LIGHTING. (B) The Treasurer shall establish a separate improvement fund for the administration of midblock lighting and alley lighting charges. On or before July 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (1) Such bills shall be proportioned between the benefitted parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to be billed in the instance of midblock lighting. (2) In the instance of alley lighting, each parcel shall be billed on the basis of the proportion of alley frontage each parcel bears to the total frontage to be billed. (C) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.105 TREE REMOVAL. (B) The Treasurer shall establish a separate improvement fund for the administration of tree abatement service charges. The costs for diseased tree abatement services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B) The Treasurer shall establish a separate improvement fund for the administration of weed eradication and control service charges. The costs for weed eradication and control services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. lli) ine Treasurer shali iist the ro~ai unpaiu cnar~es against each 5c~aia~c lot ui Yai~ci w w ~~~~~ such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 5.201 JUNK DEALER/AUTO RECYCLING DEALER. (C) All applicants desiring to secure a license, shall make a written application to the Clerk upon forms supplied by the city, accompanied with a fee as set by City Council resolution. (D) No license shall be issued until the applicant has executed and deposited, with the Clerk a corporate surety bond in the sum of $10,000 guaranteeing the compliance with the provisions of this section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration. § SA.505 COST RECOVERY. (B) The Treasurer shall establish an improvement fund for the administration of residential maintenance code charges. The costs related to the residential maintenance code shall be certified annually by the Housing Enforcement Officer to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, or as required by Statute, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, or as required by Statute, for Council action pursuant to the provisions of this chapter. § 6.101 ADMINISTRATIVE DUTIES. (A) At least one copy of every code, ordinance and regulation adopted herein by reference shall be on file and available for public inspection at the City Clerk's Office. § 6.901 GENERAL PROVISIONS. (B) The criteria to be followed by the Health Authority in review and approval of plans shall be set forth in Minn. Rules, Chapter 4725, Wells and Borings, as it may be amended from time to time, a copy of which is on file and available for inspection in the Community Development Department of the city. The same is hereby adopted by reference, and all terms of said code are made a part hereof as if fully set forth in this chapter. § 7.203 TEMPORARY AND EMERGENCY ORDERS. (D) Any person may request establishment of such regulations, conditions or restrictions in any part of the city by making written application therefore to the Council. The application shall specify the address and the nature of any commercial or business activity conducted at said premises, or as a condition of each such application, the Council may require the applicant to pay the Treasurer the estimated cost of erecting signs and painting the curb. § 7.302 PROCEDURES. (F) The net proceeds of all sales, after deduction of towing and storage costs, and administrative costs of conducting a public sale, shall be forwarded to the Treasurer. 8.101 DOG AND CAT LICENSE. (B) License appllCdLlonS sr1a11 1nCiuue the tvuvwiu~ inioliuauvii. (1) The name and address of the owner of the animal, and the name and address of the applicant if other than the owner. (2) The breed, sex and age of the dog or cat for which a license is sought. (3) A statement shall accompany any application for a spayed female animal from a qualified veterinarian that such animal has been spayed or otherwise rendered sterile. (4) Such other information as the Council shall reasonably require to determine animal census information or in compiling other records. (C) Licenses shall be issued for such period of time and upon payment of such fees as the Council shall determine by resolution. Provided, however, that: (1) The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant provides written evidence indicating immunity from rabies will terminate prior to the normal expiration date of any license hereunder. (2) The Council may by resolution provide for a lower fee for spayed female and neutered male dogs and cats than for unspayed female and unneutered male dogs or cats. (a) The owner, keeper, or custodian of any dog or cat shall pay the license fee for an unspayed or unneutered dog or cat unless said applicant provides a veterinarian's certificate verifying that said animal has been spayed or neutered. Presentation of the dog or cat for inspection shall not constitute adequate proof that the said dog or cat has been spayed or neutered in accordance with this section. (b) Any owner, keeper, or custodian who shall pay the license fee for an unspayed or unneutered dog or cat as provided above may be refunded the difference between that license fee and the fee for a spayed or neutered dog or cat if he shall provide, within 30 days of the issuance of said license, a veterinarian's certificate verifying that the said licensed dog or cat has been spayed or neutered. (E) Upon payment of the prescribed license fee to the Treasurer, a written license and a metallic tag shall be issued for the licensed animal. The tag shall indicate the registration number for such animal, and be of such design so as to be worn or attached to a collar for said animal. A duplicate metallic tag may be obtained to replace a lost or stolen tag in the following prescribed manner: (1) The owner of the animal shall present the original license together with an affidavit reciting the fact that such tag has been lost or stolen and not in the possession of the applicant. (2) A duplicate tag shall be issued upon payment of a duplicate tag fee in an amount set by resolution of the Council. (G) No license may be issued for any dog or cat unless the owner or keeper thereof shall furnish a veterinarian's certificate showing that the said dog or cat has been inoculated for the prevention of rabies and showing the estimated termination date of immunity from rabies of such dog or cat as a result of its inoculation for the prevention of rabies. Should such certificate disclose that the said rabies inoculation shall cease to become effective prior to the expiration of the licensing period, the iicense may be issued with a license expiration date wliicii coincides with the to ~~ inatior~ of the effective immune period from rabies of such dog or cat. § 8.103 IMPOUNDMENT. (D) Any animal impounded pursuant to the provisions of this section shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. The owner of any impounded animal may reclaim the same upon payment to the Treasurer or Poundmaster of an impounding fee as set by resolution of the Council, and the payment of such daily boarding fees as shall be determined by the Council for such time as the animal has been confined. The Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said animal as provided in § 8.101. (E) Any animal which is unclaimed by the rightful owner within the prescribed time may be sold to anyone desiring to purchase said animal, if not requested by a licensed educational or scientific institution under state law. (1) All sums received in excess of costs shall be held by the Treasurer for the benefit of the owner. If not claimed within one year, such funds shall be placed in the general fund of the city. § 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 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 Treasurer. § 8.605 LOCAL EMERGENCIES. (A) A local emergency may be declared only by the Mayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Clerk. § 8.606 EMERGENCY REGULATIONS. (B) Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk. A copy shall be kept posted and available for public inspection during business hours. Notice of the existence of these regulations and their availability for inspection at the City Clerk's Office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at such other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind any such regulation. § 11.127 FRANCHISE FEE, TAXES AND ASSESSMENTS. (B) Payment of franchise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report for the preceding calendar quarter in such detail as the city may require its gross receipts from all system services from whatever sources and shall remit therewith all amounts due under division (A) of this section. (2) In the event any payment is iiot 2iiauc oi3 or ucivic ~iic ayYiicable uate llnc iii subdivision (B)(1), interest thereon shall apply from its due date at the rate of one and one half percent per month. (3) Ali payments due the city shall be made to the Treasurer. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 11, 2008 Second Reading: August 25, 2008 Third Reading: September 8, 2008 Date of Passage: September 8, 2008 Offered by: Williams Second by: Diehm Roll Call: Ayes: Diehm, Peterson, Williams Nayes: Nawrocki Absent: Kelzenberg .----~t, ~.- r Mayor ary L. Peterson Attest: Carole J. Blowe Secretary Pro Tem