ORD 23-11ver
Ordinance 23 - 11
gtiikethretighs to be removed
Underlines to be added
An Ordinance Amending Chapter 66, Section 66-62, Streets, Sidewalks and Other
Public Places — Right -of -Way Delay Penalty of the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 66-62, Delay Penalty of the City of Elk River Code of Ordinances shall be
amended to read as follows:
In accordance with Minnesota Rules 7819.1000, subp. 3, and notwithstanding any provision of
this article, the city establishes a delay penalty for unreasonable delays in right-of-way excavation,
obstruction, patching, or restoration. A person shall be subject to a fee or penalty for violation of
this ordinance when an obstruction of the right-of-way exists beyond the date specified in the
permit, is performing non -emergency work in the right-of-way without having been issued a permit
or when a person causes the city to incur costs as a result of actions or inactions of a person.
A delay penalty will not be imposed in the discretion of the director for delays due to force
majeure, including inclement weather, civil strife, acts of God, or other circumstances beyond the
control of the permit holder.
The delay penalty for violation of this ordinance may be levied daily for as long as the violation
occurs. The amount of the delay penalty will be determined by the applicability of each specified
circumstance, which reflect unnecessary inconvenience and hazard exposure to the public:
Traffic Control. The permit holder shall, within 1 calendar day of completion of work, retrieve
all traffic control associated with the permit. Failure to remove any traffic control devices
from right-of-way shall result in a monetary penalty of $100 per day, up to seven days. If any
obstruction remains in right-of-way after seven days, city staff will remove the hazards and
notify the permit holder of their new location.
Collection. The permit holder will incur a fee for all staff and equipment hours utilized to
retrieve the hazards, calculated at a rate consistent with the most recent city fee schedule.
Storage. The permit holder will incur a fee of $100 per day for any hazards stored in city
facilities.
Restoration. The permit holder shall, within 1 calendar day of completion of work, perform
any necessary patching or restoration work as specified within the permit. Failure to correct
any damaged infrastructure within the right-of-way shall result in a monetary penalty of $200
per day, up to three days. If after three days the hazard still exists, the city shall initiate
P 0 N E R E I I
NATURE
Last Updated January 2023
Stfikethrougks to be removed
Underlines to be added
restoration. All staff hours used to procure a contractor, facilitate restoration and inspection
will result in a monetary penalty to the permit holder calculated at a rate consistent with the
most recent city fee schedule, and the actual costs to the City to engage the contractor to
perform the work.
(Ord. No. 00-09, § 1(1200.03(3)), 4-17-2000)
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 15th day of May, 2023.
Yonjfietjztkor
ATTEST:
Tina Allard, City Clerk
,0IfERII I
NATURE
Last Updated January 2023
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 05/20/2023 and the last
insertion being on 05/20/2023.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latte county.
By:
Desi nt
Subscribed and sworn to or affirmed before
me on 05/20/2023 by Rhonda Herberg.
Notary Public
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DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
W Commbsfoll Expires Jan 31, 2024
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Ad ID 1316436
CITY OF ELK RIVER
ORDINANCE 23-11
AN ORDINANCE
AMENDING CHAPTER 66,
SECTION 66-62, STREETS,
SIDEWALKS AND OTHER
PUBLIC PLACES — RIGHT-
OF-WAY DELAY PENALTY
OF THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1. That § 66-62, De-
lay Penalty of the City of Elk Riv-
er Code of Ordinances shall be
amended to read as follows:
In accordance with Minneso-
ta Rules 7819.1000, subp. 3, and
notwithstanding any provision of
this article, the city establishes a
delay penalty for unreasonable
delays in right-of-way excavation,
obstruction, patching, or resto-
ration. A person shall be subject to
a fee or penalty for violation of this
ordinance when an obstruction of
the right-of-way exists beyond the
date specified in the permit, is per-
forming non -emergency work in the
right-of-way without having been
issued a permit or when a person
causes the city to incur costs as a
result of actions or inactions of a
person.
A delay penalty will not be im-
posed in the discretion of the direc-
tor for delays due to force majeure,
including inclement weather, civil
strife, acts of God, or other circum-
stances beyond the control of the
permit holder.
The delay penalty for violation of
this ordinance may be levied daily
for as long as the violation occurs.
The amount of the delay penalty
will be determined by the appli-
cability of each specified circum-
stance, which reflect unnecessary
inconvenience and hazard expo-
sure to the public:
Traffic Control. The permit hold-
er shall, within 1 calendar day of
completion of work, retrieve all
traffic control associated with the
permit. Failure to remove any traffic,
control devices from right-of-way
shall result in a monetary penalty of
$100 per day, up to seven days. If
any obstruction remains in right-of-
way after seven days, city staff will
remove the hazards and notify the
permit holder of their new location.
Collection. The permit holder will
incur a fee for all staff and equip-
ment hours utilized to retrieve the
hazards, calculated at a rate con-
sistent with the most recent city fee
schedule.
Storage. The permit holder will
incur a fee of $100 per day for any
hazards stored in city facilities.
Restoration. The permit hold-
er shall, within 1 calendar day of
completion of work, perform any
necessary patching or restoration
work as specified within the permit.
Failure to correct any damaged in-
frastructure within the right-of-way
shall result in a monetary penalty
of $200 per day, up to, three days.
If after three days the hazard still
exists, the city shall initiate resto-
ration. All staff hours used to pro-
cure a contractor, facilitate resto-
ration and inspection will result in
a monetary penalty to the permit
holder calculated at a rate consis-
tent with the most recent city fee
schedule, and the actual costs to
the City to engage the contractor to
perform the work.
(Ord. No. 00-09, § 1(1200.03(3)),
4-17-2000)
SECTION 2. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
15th day of May 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
May 20, 2023
1316436