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11.2 SR 02-06-2023�, Elk s �- River Request for Action To Item Number Ma ror and Cinr Council 11.2 Agenda Section Meeting Date Prepared by Work Session Februar�T 6, 2023 Zack Carlton, Communit�T Develo ment Director Item Description Reviewed by Nuisance Ordinance Update Cal Pormer, Ci r Administrator Reviewed by Action Requested Discuss possible updates and modifications to the city's nuisance ordinance. Background/Discussion Cit�T staff, in consultation with the cit�T attorne�T, have been `vorking on updates to the cit�T's nuisance ordinance — Chapter 46. Our goal is to improve readabilityT, clarinT, and outline enforcement proceedings. Staff is seeking direction on common topics, including: ■ Trash can placement ■ Industrial/construction noise ■ Long grass and sno`v/sidewalk clearing and enforcement ■ International PropertyT Maintenance Code (IPMC) ■ Maintenance of undeveloped lots ■ Remedies and abatement Financial Impact None Mission/Policy/Goal ■ Maintaining and improving the appearance of the communittT. PYeserving pYopeYtyr values Attachments ■ Draft Nuisance Ordinance The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 ORDINANCE 23 - THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS FOLLOWS: SECTION L REPEAL AND REPLACE. The City Code of Elk River, Minnesota, Chapter 46 is hereby repealed in its entirety and replaced as follows: ARTICLE 1. IN GENERAL Secs. 46-1-46-29. Reserved. ARTICLE 11. PUBLIC NUISANCESl Sec. 46-30. Statement of Purpose. The purpose of this Chapter of the Code is to prohibit certain conduct that is harmful to the health, safety, and welfare of the community and to prevent and abate nuisance conduct, events, characteristics or conditions and their deleterious effects on City. The Council finds that excessive noise, disruption and other public nuisance activities are injurious to the public health, safety and welfare and interfere with the quiet enjoyment of life and property. Sec. 46-31. Generally. Whoever by 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: (1) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of inembers of the public. (2) Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way or waters used by the public. (3) Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided. 1State law reference(s)—Public nuisances, Minn. Stats. § 617.80 et seq.; public nuisances prohibited, Minn. Stats. § 609.74. Elk River, Minnesota, Code of Ordinances Created: 2022-07-21 ii:s9:ea [EST] (Supp. No. 55) Page 1 of 13 (4) Permits real property under his control to be used to maintain a public nuisance or leases the property knowing it will be so used. (Code 1982, § 500.00) Sec. 46-32. Inspections. The city's authorized representatives shall enforce the provisions of this division, and for the purposes of enforcing such provisions or satisfying themselves as to whether there has been any violation thereof, they shall, where they have reasonable cause to believe that this division has been violated in any instance, enter into any examination as to the existence or presence upon such premises of any nuisance as specified in this division. No person shall resist, oppose, or obstruct such officers in the enforcement of this division. Sec. 46-33. Public nuisances. (a) The following are declared to be public nuisances: (1) All ponds or pools of stagnant water. (2) All decayed or unwholesome food offered for sale to the public. (3) Privy vaults and garbage cans which are not flytight and trash receptacles of insufficient size so as to not eliminate the storage of trash outside the covered receptacle. (4) The effluent from any cesspool, septic tank, or sewage disposal system discharging upon the surface of the ground. (5) Accumulations of manure, trash, household items, or other debris. (6) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances. (7) All noxious weeds and other overgrown vegetation upon public or private property. (8) Dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the occupancy of the property itself, or any other property, uncomfortable to a person or ordinary sensibilities. (9) Accumulations or storage in the open (i.e., not contained within a building) of any of the following items or any parts or accessories thereto: All dangerous unguarded machinery, in any public place, or so situated or operated on private property as to attract the public; b. Household appliances or furnishings; c. Any motor vehicle which is inoperable, not currently licensed, or generally is not being driven. (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 2 of 13 224530v2 d. Items which are not generally or normally used on the particular premises; e. Firewood which is not neatly stacked; f. Any other materials or items of any kind or nature which tend to harbor rats, mice, snakes, or vermin or otherwise a potential fire, health or safety hazard from such accumulations; g. Pipe, lumber, forms, machinery, or other occupational materials kept up any property for more than 30 days except when in current use in construction or repair work; and h. Accumulations of any items that tend to cause unsightly appearance of the premises and which cause discomfort for any other members of the public who may be using their own or public property. The outside storage of pipe, lumber, forms, machinery or other occupational materials upon property in a residential district and covering more than one percent of the total lot area of such property. j. Dumpsters, bag dumpsters, and other rubbish containment containers (excluding standard trash and recycling bins used in conjunction with normal household or business operations) used for the disposal of garbage, trash, rubbish, etc. must be located on a paved or gravel surface and may not be placed within the public right-of-way. 1. Dumpsters, bag dumpsters, and other rubbish containment containers are limited to 30-days within a calendar year, unless being utilized in conjunction with an active building permit for a temporary service such as a construction or remodeling project benefitting the premises. (10) Violations of the International Property Maintenance Code or State Building Code which exist on the exterior of the Property and create a potential fire, health or safety hazard; (11) Violations of the International Property Maintenance Code or State Building Code which cause unsightly appearance of the premises and which cause discomfort for or interfere with any other members of the public and their use and enjoyment of their own or public property . (12) The improper storage of containers for the storage of waste. For single-family dwellings, appropriate waste containers may be stored in the rear of the premises, may be stored in the side yard if screened from the street and adjoining properties, or may be stored within any structure located on the premises. (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 3 of 13 224530v2 For commercial or multi-family residential buildings, appropriate waste containers may be stored in the rear of the premises or within any structure located on the premises. All trash areas that are visible from any public right-of-way will be screened on all sides. Trash or trash containers must not exceed the height of the screening. Required screening will be at least 95% opaque throughout the year, unless otherwise specified. Screening will be designed to be compatible with the architectural treatment of the principal building. (13) All signs, awnings, wires and other structures over the streets or sidewalks so situated or constructed as to endanger public safety. (14) The allowing of rainwater, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. (15) Wastewater, excepting that of natural runoff rainwater or snow, which is cast upon or permitted to flow upon or over streets or other public property. (16) Any well, hole or excavation left uncovered or in such other condition as to constitute a hazard to a person being or coming upon the premises where the well, hole or excavation is located. (17) To own or have control of property or a building thereon which property or building has incomplete landscaping or exterior appearance and for which no building permit for construction work has been issued within the preceding 12 months. (18) All buildings, walls and other structures which have been damaged by fire, decay or otherwise, and which are so situated as to endanger the safety of the public. (19) To permit or suffer to be or remain offensive, hurtful, dangerous, unhealthy or uncomfortable to any person or neighborhood any sewer, private drain, sink, pool, cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, skin, carcass, garbage (except in otherwise authorized containers), stagnant water, vegetable matter, weeds, rodents, vermin, rubbish, swill, offal, metal cans, ashes, litter, yard cleanings (except as otherwise authorized), or other unwholesome or offensive substance, liquid or other thing, in or upon premises or land occupied by or under the control of the party allowing such a condition. (20) To permit or allow upon one's private property a tree which is dead, diseased or otherwise not maintaining foliage on more than 50 percent thereof in the growing season. (21) For any person to urinate or defecate on public or private property other than in facilities provided for such functions. (22) All gambling devices, except those gambling devices known as paddlewheels or tipboards or apparatus used in conducting raffles, provided that a license to operate (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 4 of 13 224530v2 such gambling device has been obtained in accordance with the provisions of chapter 38, article V. (23) Betting, bookmaking and all apparatus used in such occupations. (24) All trees, hedges, billboards, or other obstructions that prevent persons from having a clear view of all traffic approaching an intersection. (25) The outside piling, storing, or keeping of old machinery, junk, junk vehicles or inoperable vehicles, unlicensed vehicles, car parts, debris, trash, or abandoned motor vehicles as defined by Minn. Stat. ch. 168B, regardless of whether such items are located on the ground or on a trailer. (26) The outside storage of boats or other items that do not comply with the following requirements: a. When stored outside, boats (except pontoon boats) shall be stored on a trailer designed for transporting the model, type, and size of boat on the trailer. b. Covering items with a tarp or other covering not specifically designed for the items beneath the covering does not abate the nuisance. (27) The placing or throwing on any street, alley, road, highway, sidewalk or other public property of any glass, tacks, nails, bottles or other substances which may injure any person or animal or damage any pneumatic tire when passing over such substance. (28) The parking of a truck tractor and/or trailer, or other commercial type vehicle, excluding pickup trucks or vans, in excess of 7,000 pounds gross weight, on: Public property within an area zoned residential; and b. Residential lots in all zoning districts below two and one-half acres in size, unless a conditional use permit for a home occupation has been granted, provided the vehicle is parked on an approved surface, and all other provisions of the city code are complied with. (29) The idling of a truck tractor in excess of 15 minutes from April 16 through October 31, and 30 minutes from November 1 through April 15. (b) In the enforcement and interpretation of this section, the city shall take into account the fact that there is significant diversity of uses in the city, particularly the fact that substantial portions of the city are agricultural lands. Some of the listed nuisances may not be deemed to be nuisances when they are reasonably conducted and related to productive agricultural use of land. (Code 1982, § 500.06; Ord. No. 19-20, § 1, 11-18-2019; Ord. No. 20-07, §§ 1, 2, 7-20-2020; Ord. No. 22-12, § 1, 5-16-2022) (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 5 of 13 224530v2 Cross reference(s)—Offenses involving public safety, § 50-91 et seq; Health and sanitation, ch. 26. Sec. 46-35. Buildings or structures which endanger public health, safety or property. (a) Any building or structure in the city which is found by the building and zoning administrator or the fire marshal to be dangerous to public safety or health or to other property by reason of: (1) Damage by fire; (2) A defective chimney or stovepipe; (3) Dilapidated condition or decay; (4) Defective electric wiring; (5) Defective gas installation; (6) Defective heating apparatus; (7) A defective sewage disposal system or plumbing; or (8) Any other defect endangering public safety or health or other property; is hereby declared to be a nuisance affecting public safety and health. (b) The building and zoning administrator or the fire marshal may order such nuisance abated by ordering its repair, correction or removal. Such order shall be in writing and shall order the repair, correction or removal of the nuisance within 30 days or such other time as the building and zoning administrator or fire marshal shall deem reasonable. Such order shall be served upon the owner, the lessee, or the occupant of the property involved, by mail or by personal service. The order may provide that the building or structure not be further used or occupied until repair or correction of the defect. (Code 1982, § 500.08) Cross reference(s)—Buildings and building regulations, § 30-61 et seq. Sec. 46-36. Snow and Ice Removal; Deicing Materials. (a) Nuisance conditions. No such owner or occupant of private property adjacent to a public sidewalk shall allow snow, ice, dirt or rubbish to remain on the walk longer than 48 hours after its deposit thereon and any snow, ice, dirt, and rubbish remaining on a public sidewalk after more than 48 hours is a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians.. (b) Removal by the City. The city's authorized representative shall cause to be removed from all public sidewalks all snow, ice, dirt, and rubbish as soon as possible beginning 48 hours (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 6 of 13 224530v2 after any such matter has been deposited thereon or after the snow has ceased to fall. He shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the council. The City Council may assess these costs against each separate lot and parcel pursuant to Minn. Stat. § 429.101(a)(1). (c) All salt, sand, and other deicing materials stored outdoors must be covered at all times. When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all storage piles. The cover must prevent runoff and leachate from being generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to prevent leaching. Salt must be stored on an impervious surface. Property owner shall implement practices to reduce exposure when transferring material from salt storage areas (ex. Sweeping, diversions, and/or containment). Sec. 46-37. Weed and Grass Elimination (a) Nuisance conditions. Owners and occupants of property shall abate or prevent the following nuisances on property owned or occupied by them and on land outside the traveled portion of the street, highway or alley abutting such property: (1) Plants defined by law to be injurious to public health, public roads, crops, livestock and property, and otherwise known as noxious weeds. (2) Any weeds or grass growing to a height greater than eight inches or which have gone or are about to go to seed. (b) Publication of notice. On or before May 15 of each year, and at any other time as directed by the council, the city shall publish once in its official newspaper a notice directing owners and occupants of property within the city to destroy on their property all weeds and grass described in subsection (a) of this section. As a minimum, the notice shall require elimination of such weeds and grass within ten days of such publication and further state that, if any such nuisance is not eliminated as required, the city will eliminate the nuisance at the owner's expense, the cost of which work will be made a special assessment against the property if not paid. (c) Mailing of notice. (1) When a nuisance appears to exist in violation of subsection (a) of this section, the city shall serve notice upon the owner and occupant of the property, or the agent of each, by certified mail or by personal service, ordering such owner and occupant to have such weeds or grass cut and removed within ten days after the mailing of the notice and also stating that in case of noncompliance such work will be done by the city at the expense of the (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 7 of 13 224530v2 owner and that, if unpaid, the charge for such work will be made a special assessment against the property concerned. (2) When no owner, occupant or agent of the owner or occupant can be found, notice shall be posted on the property on which the nuisance exists ten days before the city eliminates the nuisance, which posting shall constitute mailed and published notice pursuant to this section. (3) Lack of receipt of notice shall not constitute a defense to the requirements of this section, provided good faith efforts to comply with this section are made. (4) Representatives of the city are authorized to go upon property upon which a nuisance appears to exist in order to measure vegetation height and take reasonable vegetative samples in connection with such nuisance. (d) Removal by city. If an owner or occupant fails to comply with such notice within ten days after its having been mailed, or if no owner, occupant, or agent of each can be found, the city may cause such weeds or grass to be cut and removed. A record shall be kept showing the cost of such work attributable to each separate lot or parcel and such information shall be filed with the city clerk. (e) Exceptions. The terms of subsection (a)(2) of this section shall not apply to the following: (1) Property that is undeveloped, except for those portions of such properties within 200 feet of abutting property developed or under development, improved public or private facilities, or streets, provided that the undeveloped property is mowed not less than once per year. (2) Property that is used for agricultural purposes and is under current cultivation or is used for grazing purposes, except for those portions of such properties within 200 feet of abutting property developed or under development, improved public or private facilities, or streets. (3) Natural preserves, which shall be any publicly owned lands designated as park or open space or private properties approved by the city which are set aside to preserve their natural characteristics and qualities. (4) Public right-of-way property physically separated from adjacent private property by any improvement placed by public authority. (5) Public right-of-way property otherwise posted by public authority so as to indicate that mowing should not occur or only should be done by public authority. (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 8 of 13 224530v2 (6) Native American burial sites identified in mound management plans approved by the city pursuant to state statute. Sec. 46-38. Excessive noise. It is declared to be a public nuisance for any person to make or assist in the making of any nuisance noise or any loud, unnecessary or unusual sound or any sound which annoys, disturbs or affects the comfort, repose, health, peace, or safety of others in the city. (Code 1982, § 500.10) Sec. 46-39. Specific noises prohibited. The following are declared to be nuisance noises: (1) Horns orsirens. The sounding of any siren or any horn, siren, or other signaling device on a motor vehicle except in cases of imminent danger or emergency, or blowing of a locomotive whistle or steam whistle except to give notice of the time to begin or stop work or as a warning of fire or danger. (2) Radios, phonographs, tape recorders, etc. The use or operation of a radio receiving set, musical instrument, phonograph, tape recorder or other machine or device used for production or reproduction of sound at a volume in excess of that reasonably necessary for the convenient hearing of the persons in the room, vehicle, or chamber in which the machine or device is being operated. The operation of any radio receiving set, musical instrument, phonograph, tape recorder, or other machine or device for the reproducing or producing of sound between 11:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this article if sound therefrom is plainly audible: In an apartment or hallway of a multifamily building adjacent to the unit where the device is operating. b. At the boundary of the real property on which the device is operated. c. At a distance of 50 feet from any motor vehicle in which the device is operating. (3) Loudspeakers, amplifiers and sound trucks. The use or operation of any loudspeaker, sound amplifier, sound truck, or vehicle equipped with sound amplifying devices or other machine or device for the producing or reproducing of sound which is used to attract the attention of the public to any building, structure, business, vehicle, or other area. (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 9 of 13 224530v2 (4) Human noise. Yelling, shouting, screaming, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of any persons in any office, dwelling, hotel, motel, other place of residence, or in the vicinity of the source. (5) Noisy animals. The frequent or continued barking, howling, or other noise from any animal or bird not confined within a building. (6) Vehicle loading and exhausts. The discharge of the exhaust of any motor vehicle into the ambient air except through a muffler which is free of holes, cracks, or other defects, or the operation, loading, or unloading of any motor vehicle in such manner as to create loud and unnecessary grading, grinding, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity. (7) Construction and industrial activities. The erection, demolition, alteration, or repair of any building or earthmoving or excavation activities, or the operation of any industrial equipment, occurring between the hours of 9:00 p.m. and 6:00 a.m. Monday through Saturday or on Sunday, except as undertaken by persons working on single-family residences occupied by them or as authorized by the building inspector based upon an emergency for the protection of health and safety. (8) Creation of noise near school, court, church or hospital. Any activity which generates sound occurring adjacent a school, court, church, or hospital while the premises are in use and which unreasonably interferes with the use thereof. (9) Loud parties. Sound emanating from any party or gathering between the hours of 11:00 p.m. and 7:00 a.m. of a sufficient volume so as to disturb the peace, quiet, or repose of other persons within the city. It shall be prima facie evidence of a violation of this article if the sound of the party or gathering is audible to a human ear at a distance of 50 feet from the building or dwelling unit from which the sound emanates. Any person who participates in a party or gathering which generates nuisance noise shall be guilty of maintaining a public nuisance. If any party or gathering is determined by a city official to generate nuisance noise, all persons except the owner or permanent occupant shall promptly leave the premises in an orderly manner. A violation of this subsection shall be deemed to be the act of the owner of the residential dwelling unit wherein it occurs, as well as the persons on the premises who violate this subsection, except that the owner of a dwelling unit occupied by others shall be liable only for those violations occurring after a written notice of a violation of this subsection shall have been received. (Code 1982, §§ 500.12, 500.14) Sec. 46-40. Remedies and Abatement. (a) Injunctive Relief. Without affecting any other penalty provision in this division or elsewhere in City, at the direction of the City Administrator or their designee, the City may (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 10 of 13 224530v2 enforce any provision of this division by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. (b)Alternative Civil Remedy. Without affecting any other penalty provision in this division or elsewhere in City Code, the council may, in conjunction with such penalty or in the alternative, in the form of a resolution, declare that there exists upon privately owned lands or premises a public nuisance. (1) Notice of the passage of the resolution shall be served personally upon the owner of the premises or their agent or the occupant of the premises if the names of such persons can be readily ascertained. Such notice may be served by mail in all cases where such owner, agent, or occupant is not in the city or cannot be found therein. Such notice may likewise be served by posting for 24 hours a copy of such notice upon the premises where the nuisance exists whenever the owner or agent thereof is not known or cannot be found and a post office address is unknown. The notice shall designate therein the time after the service or the mailing or the posting of the notice which the council considers a reasonable time for the abatement or removal of such nuisance and the right to a hearing before the city council made within 24 hours of the notice of abatement and that, if no hearing is demanded, any right to a hearing is waived. (2) In instances where the council declares by resolution that there is a public nuisance and proceeds with a civil remedy as provided in this section instead of the criminal remedy as set forth by the giving of notice as required in this section, the owner, agent, or occupants of the premises, after such notice, shall remove and abate the nuisance. The cost of such removal or abatement shall by paid by the owner, agent, or occupants. (3) If such notice is not complied with within the time specified therein, the city shall cause the removal or abatement of such nuisance and the cost thereof shall be assessed against the premises. The cost of such removal or abatement shall include publication of any action by the council, posting and service of notices, and costs and expenses, including personnel, expenses of equipment, a certification processing fee, and the sums of money necessarily paid out by any city department as a cost or expense of abatement from such nuisance. The council shall adopt an assessment roll levying a special assessment upon such lands and premises directly involved in the abatement of nuisance, which shall be transmitted to the county auditor and included with the next tax levy upon such land and premises and collected in the manner provided by law for levying and collection of other special assessments. (c) Abatement; Disposition of Property. Upon the declaration of certain conditions and acts to be a public nuisance in violation of City Code and, if the city council requires such conditions to be abated, the council may order the property constituting the nuisance to be removed, destroyed, or disposed of, to ensure termination of the nuisance. Upon seizure of the property constituting the nuisance, the city will inventory the property, and the city administrator or their designee will determine whether the items seized have any (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 11 of 13 224530v2 reasonable value, in excess of city costs to store and dispose of the property. If, after inventory, the city administrator or their designee makes a determination that no reasonable value of the property exists or that destruction of the property is necessary to abate the nuisance, the property shall be destroyed. If the city administrator or their designee, however, determines such destruction is not necessary and there is reasonable value remaining in the property, the property shall be sold. The amount of money received as a result of any sale, if any, shall be applied against the cost of abatement, including all costs incurred by the city in the abatement, including without limitation the cost of the removal, storage, handling, destruction, and disposal thereof, all staff time, legal and other consulting fees. Any balance remaining after such reimbursement to the city, if any, shall be remitted to the property owner. This provision may be utilized in conjunction with a court order for injunctive relief. (c) Nothing in this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there is an immediate and direct threat to the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located. Secs. 46-41-46-79. Reserved. SECTION 2. REPEAL AND REPLACE. The City Code of Elk River, Minnesota, Chapter 58, Section 58-37(d) is hereby repealed in its entirety and replaced as follows: (d) Placement for collection. Where an alley open to traffic is available, each container for premises abutting the alley shall be placed at the rear of the property next to the alley. Where no alley exists, the container shall be placed on the driveway one foot behind the curb/street edge with a minimum of three feet between containers. Containers shall be kept away from walls, fences, vehicles, and low-hanging tree limbs. Containers shall not be so placed before 7:00 p.m. the night before collection and shall be removed by 7:00 p.m. the day of collection. When not placed for collection, containers shall be stored in an appropriate place, in compliance with § 46-33(a)(12). SECTION 3. EFFECTIVE DATE. This ordinance shall take effect upon adoption and publication as provided by law. Passed and adopted by the City Council of the City of Elk River this _ day of , (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 12 of 13 224530v2 John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk 224530v2 • • u �sance r � nance ae Back rou nd g ■ Simplify the city's nuisance ordinance ■ Separated into multiple sections ■ Address common violations and update standards ■ Trash can placement ■ Maintenance of undeveloped lots ■ Industrial Noise ■ Update enforcement procedures ■ Long grass and snow removal ■ Abatement procedures . -.. = . � ._ ---� ��` . _ � - — � . � �. � - � � � . . � -- — � — — ' �. — � . -- ��� -. -_ .. � �, _ y _ _ ., __ _ � , _._ � � � �� —`i� j� � � �. ! � -- — � �_n � _�� � — � _�. , . . ._ ._- � - � '�,yi' . ha'�..R'� �; , T2�, r . \'�x, y�!. . � ..rr�^ '.#r . — k �M " ;. -y % � l ,F Jn M;EY� �,� A s [ �' � 1 d a �'.i 'l�{'.�'. :;' , �y . f r ..�. �;' y � �l\ .�l`.u,'.D��' +t ���� � �. , `� r �7�97-U270� � - / �4 = r ' t �j; � i� j� � � :1� � ��, f � �� � • � � v, , f �,�, '�� 75-G97 �0251 � � � � � �� '�''� t� � # �� , � `'�-� � • �. �, ' 75-697-6254 �`'` ..� `+�� � � y `'�-d�'����� .� w�qp�� �. . . __ ����e.�. . . �nr�� � . tw� . ,� ��tr ... � . �- ��lR� ��� � s . �� : � ��� A MK�3, ..-.. _ • .ea . - � _ -.r�.�r Llib�� Trash Cans ■ Sec. 46-33 (a) (12) ■ For single-family dwellings, appropriate waste containers may be stored in the rear of the premises, may be stored in the side vard if screened from the street and ad; oining properties, or may be stored within any structure located on the premis e s. Vacant Lot M ai nte n an ce ■ Sec. 46-37 (e) (1) ■ Property that is undeveloped, except for those portions of such properties within 200 feet of abuttin� propertV developed or under development, improved public or private facilities, or streets, provided that the undeveloped property is mowed not less than once per year. Industrial Noise ■ Sec. 46-39 (7) ■ Cons�t�uction �nd indus�t�i�zl �zctivities: The erection, demolition, alteration, or repair of any building or earthmoving or excavation activities, or the operation of anV industrial equipment, occurrin� between the hours of 9:00 p.m. and 6:00 a.m. Monday through Saturday or on Sunday, except as undertaken by persons working on single-family residences occupied by them or as authorized by the building inspector based upon an emergency for the protection of health and safety. Lon G rass and Sidewal k Snow g ■ Sec. 46-37 and 46-38 ■ Creates a framework that allows staff to shorten the notice to the property owner and engage a contractor. ■ Initial notice would provide additional time ■ Subsequent issues could be addressed by contractor. Remedies and Abatement ■ Sec.46-40 ■ Jared will outline the ordinance and process.