9. Discussion on enforcement of development code and ordinances{
SCANDIA
Staff Report
Date of Meeting: August 2, 2017
To: City Council
From: Neil Soltis, Administrator
Re: Ordinance / Development Code Enforcement
Background: At the June 2017 City Council work session Joe Van Thomme from Eckberg
Lammers made a presentation regarding Code Enforcement for Cities. A copy of his
presentation is included for reference. One of the issues emphasized at the presentation was
the need to have a process to ensure compliance with the keys to compliance including
designating a code enforcement official and identifying and maintaining a record system. At
the time there was discussion of the current process which is based on a 2014 Council
resolution adopting a complaint form to establish a process to respond to citizen concerns and
complaints.
One of the issues in enforcement relates to the responsibility for zoning code enforcement. For
example in Chapters 1 and 2 of the Development Code there are 154 reference to the Zoning
Administrator; however, the City does not have an appointed Zoning Administrator who, under
the Development Code, is responsible for code enforcement.
As a bit of history the job description for the Administrator until revised in 2015 had the
following duty:
• Responds to questions from residents and developers regarding zoning and land use
regulations.
The job description for the Building and Code Enforcement Official and subsequent 2010
update for the Building and Maintenance Supervisor had the following duties which essentially
established the person in that position as Zoning Administrator:
• Receive, investigate and document complaints regarding property maintenance,
construction and other land -use activities.
• Coordinate enforcement actions with city staff (administrator, attorney, engineer, police
department) and other agencies.
• Testify in criminal and civil matters as needed.
• Prepare reports regarding permitting, inspection and enforcement functions
When the Building and Maintenance Supervisor position was transitioned to the Public Works
Director that language was removed from the job description.
The 2015 update of the Administrator position partially aligned with the process for handling
citizen concerns and complaints with the addition of the following language that was in the
previous Building and Maintenance Supervisor job description:
• Receive, investigate and document complaints regarding property maintenance,
construction and other land -use activities.
Significant here is that the enforcement responsibilities and follow-up that were previously
included in a job description were no included.
Also significant is the current process only provides for the City to seek a criminal remedy to the
issue through the issuance of a citation and does not provide for a civil process that would
typically outline an abatement process.
Beyond the development code there is a lack of clarity as to the roles, responsibilities and
action to address with other ordinance violations and nuisances. In most cities the Code of
Ordinance contains a section on Public Nuisance that identifies those nuisances, the duties of
city officers, and the abatement of the nuisances. As an example I've included the code section
from the League of Municipalities model code that addresses public nuisances.
I'm looking for direction from the Council on the direction it wished to take with regard to the
administration and enforcement of the zoning code and City ordinances.
CITY OF SCANDIA
RESOLUTION NO.: 01-15-13-04
RESOLUTION APPROVING USE OF CITIZEN COMPLAINT FORM
WHEREAS, the City Council wants to remain responsive to citizen concerns; and
WHEREAS, the City Council wants to make an efficient use of city resources in responding
to citizen concerns and complaints;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves the attached Citizen
Complaint Form and requires it to be used for all non -emergency concerns, including but not limited
to code enforcement and permitting issues, raised by Scandia property owners.
Adopted by the Scandia City Council this 15th day of January, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/ City Clerk
*4
SCANDIA
City of Scandia
Citizen Complaint Form
(To be completed by Citizen)
Complainant's Name
Phone
Complainant's Address
Signature of Complainant
Given to
(Name of City Staff Member)
Nature of Complaint
Date
FOR OFFICE USE ONLY -Date and Initial
1. Method used to verify non-compliance:
On-site inspection
Photographs taken
Deputy verifies expired
vehicle registration (For Junk Cars Only)
3. Clerk prepares & mails complaint report
4. Deadlines & Verifying Corrections
Property owner to comply by:
On that date, the Clerk re -inspects
to verify that non-compliance
has been corrected.
If possible, photograph
any continued non-compliance.
Deputies verify vehicle registration
is current if a junk car issue.
5. If property owner has not corrected
the non-compliance:
Clerk provides Deputy or City Attorney
with packet of information on this
non-compliance.
Date Deputy issues citation —
if applicable.
Date City Attorney issues citation —
if applicable.
What is scheduled court date?
(Check with Clerk of Courts)
Results of hearing
Comments
Date File Closed
ECI<BERG
CANNERS
ATTORNEYS AT LAW
Code Enforcement for Cities
Joe Van Thomme, City Prosecutor
ECIGERG
LAMMERS
ATTORNEYS AT LAW
WHAT WE'LL COVER
• Types of Code Violations
• Keys to Compliance
• Tools for Enforcement
ECIGERG
LANIMERS
ATTORNEYS AT LAW
Goal of Every Municipality
COMPLIANCE
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Types of Code Violations
Nuisances
• Animals
• Trash Piles
• Junk Cars
• Landscaping
Buildin
• Condition of Property
• Uniform Development
Code
• 1 nfestations
Zoning
• Home Occupation
• Use Violations
• Signage
• Crime -Free Multi -
Housing
11
ECIGERG
LAMMERS
ATTORNEYS AT LAW
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Why Cities Take Action
Code Violations of all types impact:
• Quality of life for residents
• Property values
• Public health and safety
• Community acceptance of ordinances
9
ECIGERG
LAMMERS
ATTORNEYS AT LAW
t'. �-, ft .. 1� "I -_ 11
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Keys to Compliance
• Process
le Documentation
Notice and Action
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Keys to Compliance
Process
1. Designate a Code Enforcement Official ("CEO") who will:
--Take complaints, observe violations
--Identify specific code(s) violated
--Document violations
Include: Photographs, written descriptions, dates, names
--Sign complaints, affidavits, warning letters, violation letters
2. Identify and maintain record system
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Keys to Compliance
Documentation
1. CEO will document/record
--Specific violations and sections violated:
Include: Property location, owner (with proof), dates, specific violations
observed, person making observations
--Any communications with owner/violator
--Identify and maintain record system
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Keys to Compliance
Notice and Action
1. Notify property owner/violator of violations, in person and/or in
writing of:
--Specific violations observed, along with code section and dates
--Time line for compliance (e.g. 1-14 days, 15-30 days etc)
--City's enforcement action if violations continue
2. Take Action:
--Review property on predetermined date, ensure "next step" is taken
--Follow the same process for every violator every time!
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
• Civil Remedies
-Abatements
-Injunctions
-Temporary Restraining Orders
-Attorney's Fees/Costs?
• Criminal Prosecution
-Complaints or citation
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Civil Remedies
• Abatements
-Timeline: 90 days to one year or more
-Process:
-Civil complaint and pleadings
-Trial
-Order and/or stipulation permitting city's action
-Costs assessed to property
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Civil Remedies
• Injunctions/Temporary Restraining Orders (TROs)
-Timeline: 90 days to one year or more
-Process:
-Civil complaint and pleadings
-Temporary Order (usually), followed by trial
-Order granting relief
-Costs/attorney's fees can be imposed
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Civil Remedies
• What To Expect
-Time
-Cost
-Comprehensive result
ECIGERG
LANIMERS
ATTORNEYS AT LAW
Tools for Enforcement
Criminal Prosecution
• State law allows cities to designate ordinance violations as
misdemeanors (most do)
• Misdemeanor penalty: 90 days in jail, $1,000 fine or both
• Criminal prosecution initiated by complaint or citation
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Criminal Prosecution
• Process
-Complaint or citation
-Arraignment
-Pretrial
-Trial
• Requirements for Prosecution
-Documents ("reports")
-Photographs ("evidence")
-Witnesses
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Criminal Prosecution
• What to EXDect
-Control "issues"
-A trip to court (maybe)
-Success can vary
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Civil Remedies vs. Criminal Prosecution
• Civil
-Comprehensive
-Can be costly
-Focus is on the property
• Criminal Prosecution
-Quicker to initiate
-Can be less costly, but less effective
-Focus is on the person
ECIGERG
LANIMERS
ATTORNEYS AT LAW
Tools for Enforcement
Civil Case Example
• December 2014 — March 2015: complaints from neighbors, confirmation of failing
septic system on residential property
- "...emission from subsurface... raw septic effluent..."
• April 16, 2015: Motion for TRO/complaint filed against property owner and resident
• April 24, 2015: Served upon all parties (5 total)
• April 24, 2015: Temporary Order granted, hearing scheduled
• May 4, 2015: Hearing — judge issues Order suspending all septic use until further
notice
• May 5, 2015: multiple site visits by CEO, reviewing septic replacement work etc.
• July 31, 2015: confirmation of new septic installed and compliance
• August 4, 2015: stipulated dismissal by city/owner/resident, signed by judge
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Tools for Enforcement
Criminal Prosecution Case Example
• October 12, 2015: multiple building code violations observed during inspection after
complaints
• October 29, 2015: complaint filed in district court
• December 9, 2015: Arraignment hearing
• April 11, 2015: pretrial hearing
• April 25, 2015: pretrial hearing
• August 1, 2015: plea hearing; plea of guilty entered, pending sentencing
• August 30, 2015: re -inspection, compliance confirmed
• September 12, 2016: Sentencing
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Successful Code Enforcement
• Process
• Documentation
• Notice and Action
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Can It Work?
0
r
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Can It Work?
ECIGERG
LAMMERS
ATTORNEYS AT LAW
Joe Van Thomme
City Prosecutor
jvanthomme@eckberglammers.com
Stillwater Office
1809 Northwestern Avenue
Stillwater, MN 55082
Phone: 651-439-2878
Fax: 651-439-2923
Hudson Office
430 Second Street
Hudson, WI 54016
Phone: 715-386-3733
Fax: 715-386-6456
www.eckberglammers.com
EFFECTIVE NOVEMBER 3, 2010 amended through January 17, 2017 (Ordinance 182) Chapter One 0 Administration
(5) Agricultural Building: A structure on agricultural land designed, constructed, and used to
house farm implements, livestock or agricultural produce or products used by the owner,
lessee or sublessee of the building and members of their immediate families, their employees
and persons engaged in the pickup or delivery of agricultural produce or products.
(6) Agricultural Direct -Market Business: A commercial enterprise in which agricultural products
are produced on a site and marketed and sold directly to consumers without an intermediate
wholesaler or distributor other than a farm co-op organization. Direct market business may
include enterprises such as pick -your -own operations, and operations in which delivery of
products is made directly to consumers.
(7) Agricultural -Business, Seasonal: A seasonal business not exceeding six (6) months in any
calendar year operated on a rural farm as defined offering for sale to the general public,
produce or any derivative thereof, grown or raised on the property.
(8) Agricultural Processing_ Processing on the farm of horticulture, forestry, dairy, egg, or apiary
products grown on the farm in the course of preparing the product for market. Agricultural
processing shall not include animal slaughtering or meat/animal processing. Agricultural
processing is subordinate and incidental to the farm operation. Agricultural processing
includes activities such as cutting, drying, packaging, canning, milling, grinding, freezing,
heating and fermenting of product.
(9) Agricultural Production: Land uses including the production of horticulture and nursery
stock, fruit of all kinds, vegetables, forage, grains, bees and apiary products and raising
domestic farm animals. This activity does not need to be the principal source of income.
(10) Agritourism Use: A commercial or nonprofit use on a working farm or plant nursery in which
the public or invited groups participate in public recreational or educational activities. These
activities must be related to agriculture and incidental to the farm or nursery operation. This
term includes farm tours, hay rides, corn mazes, field trips or educational experiences or
classes related to agricultural products or skills, or similar uses. Campgrounds or overnight
camping shall not be considered an Agritourism Use.
(11) Alteration: To change or make different; to remodel or modify.
(12) Animal Unit: A unit of measure used to compare differences in the production of animal
wastes which has a standard as the amount of waste produced on a regular basis by a slaughter
steer or heifer.
(13) Animals, Domestic Farm: Cattle, hogs, bees, sheep, goats, llamas, chickens, turkeys, bison,
horses (including miniatures) and other animals generally kept for commercial food or fiber
production purposes and commonly accepted as farm animals in the State of Minnesota.
(14) Animals, Domestic Pets: House pets such as dogs, cats, ferrets and birds (except those
defined as farm animals or wild animals) that can be contained within a principal structure
throughout the entire year, provided that containment can be accomplished without special
modification to the structure requiring a building permit from the City. Includes rabbits
normally sheltered outside the home.
(15) Animals, Wild or Exotic_ Any animal that is wild, ferocious, or vicious by nature, habit,
disposition or character. Animals in this category include any ape (including chimpanzee,
City of Scandia Development Code, Chapter 1
EFFECTIVE NOVEMBER 3, 2010 amended through January 17, 2017 (Ordinance 182) Chapter One 0 Administration
gibbon, gorilla, orangutan, or siamang), baboon, bear, bobcat, cheetah, crocodile, coyote, deer
(including members of the deer family such as elk, antelope and moose), elephant, fox,
hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma, also known as cougar,
mountain lion or panther, rhinoceros, a snake which is poisonous, snow leopard, tiger, wolf, or
hybrid mix of any of the wild animals such as wolf/dog mixes.
(16) Antenna: That portion of any equipment used to radiate or receive radio frequency energy for
transmitting or receiving radio or television waves. Antennas may consist of metal, carbon
fiber, or other electromagnetically conductive rods or elements. Antennas are regulated to the
extent the regulations are not preempted by the Federal Communications Commission.
(17) Antenna, Amateur Radio: That portion of any equipment used to radiate or receive radio
frequency energy or electromagnetic signals for "Amateur Radio Service" communications as
defined in 47 C.F.R. Part 97 3(4) and used in 47 C.F. R. Part 97.15(a). (from margin notes)
(18) Antenna, Household Radio, Television and Short -Wave Radio Receiving: A wire, set of wires
or any device consisting of metal, carbon fiber or other electromagnetically conductive
surfaces, rods, elements or open mesh, including television, receive only (TVROs) satellite
dishes two meters or less in diameter, used in conjunction with the reception of household
radio, television and short-wave radio receiving equipment. (from margin notes)
(19) Antenna, Satellite Dish: A device consisting of metal, carbon fiber or other
electromagnetically conductive surfaces, rods, elements or open mesh and in the shape of a
shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio,
television or electromagnetic waves between terrestrially and/or orbitally based uses. This
definition shall include, but not be limited to, what are commonly referred to as satellite earth
stations, television receive -only (TVROs) and satellite microwave antennas.
(20) Apartment: A room or suite of rooms with cooking facilities designed to be occupied as a
residency by a single family.
(21) Applicant: Any person or entity that is required to submit an application for a permit or
approval required by this Development Code.
(22) Appraised Valuation: The market value of a structure as determined by the current records of
the County Assessor.
(23) Architectural Design Guidelines. The Architectural Design Guidelines of the City of Scandia
dated September, 2009 as may be amended from time to time.
(24) Area, Net Developable: Those lands within a development parcel remaining after the deletion
of flood plains, wetlands, slopes greater than 25%, unbuildable easements or rights-of-way,
and required building setbacks.
(25) Assisted Living Facility or Assisted Living Residence: Housing establishment with services
that is registered with the State of Minnesota and provides sleeping accommodations to more
than 12 adult residents, at least 80% of whom are 55 years of age or older, and at a minimum
provides or makes available health-related services under a class A or class F home care
license issued by the State of Minnesota, whether offered or provided directly by the
establishment or another entity.
City of Scandia Development Code, Chapter 1 7
PROHIBITING PUBLIC NUISANCES
The purpose of this ordinance is to create a lawful process by which public nuisances are
dealt with in the City of. This ordinance is modeled to comply with MN Statutory Codes
regarding public nuisances and legal remedies provided for there in.
Section 1. 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:
1) Maintains or permits a condition which unreasonably annoys, injures, or
endangers the safety, health, comfort, or repose of any considerable number of
members of the public; or
2) Interferes with, obstructs, or renders dangerous for passage, any public
highway or right-of-way, or waters used by the public, or
3) Is guilty of any other act or omission declared by law or this ordinance to be a
public nuisance and for which no sentence is specifically provided.
Section 2. Public nuisances affecting health.
The following are hereby declared to be nuisances affecting health:
1) Exposed accumulation of decayed or unwholesome food or vegetable matter;
2) All diseased animals;
3) All ponds or pools of stagnant water;
4) Carcasses of animals not buried or destroyed within 24 hours after death;
5) Accumulation of manure, refuse, or other debris;
6) Privy vaults and garbage cans which are not rodent -free or fly -tight or which are so
maintained as to constitute a health hazard or to emit foul and disagreeable odors;
7) The pollution of any public well or cistern, stream or lake, canal or body of water by
sewage, industrial waste, or other substances;
8) All noxious weeds and other rank growths of vegetation upon public or private
property:
9) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
10) All public exposure of peoples having contagious disease;
11) Any offensive trade or business as defined by statute not operating under local
license.
Section 3. Public nuisances affecting peace and safety.
The following are declared to be nuisances affecting public peace and safety:
1) All snow and ice not removed from public sidewalks in areas zoned commercial, 12
hours after the snow or other precipitation causing the condition has ceased to fall;
2) All trees, hedges, billboards, or other obstructions which prevent people from having a
clear view of all traffic approaching an intersection;
3) All 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;
4) All noises and vibrations which unreasonably annoy or endanger the comfort or repose
of any considerable number of members of the public;
5) 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;
6) Radio aerials or television antennae erected or maintained in a dangerous manner;
7) 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;
8) 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;
9) 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;
10) All dangerous, unguarded machinery in any public place, or so situated or operated
on private property as to attract the public;
11) Waste water cast upon or permitted to flow upon streets or other public properties;
12) Accumulation 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
13) the items so accumulated, or in a manner creating fire, health, or safety hazards from
such accumulation;
14) 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;
15) Obstruction to the free flow of water in a natural waterway or public street drain,
gutter, or ditch with trash or other materials;
16) The placing or throwing on any street, sidewalk, or other public property of any
glass, tacks, nails, bottles, or other substance which may injure any person or animal
or damage any pneumatic tire when passing over such substance;
17) The depositing of garbage or refuse on a public right-of-way or on adjacent private
property;
18) All other conditions or things which are likely to cause injury to the person or
property of anyone.
Section 4. Duties of city officers.
The city zoning officer; and the police department chief of police; shall enforce the
provisions of this ordinance relating to nuisances affecting public safety. The police
department shall enforce provisions relating to other nuisances and shall assist the other
designated officer 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.
Section 5. Abatement.
Subd. 1. 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 subdivision.
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 are 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 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 certified or registered mail. If the premises are not occupied,
the owner of record is unknown, or the owner of record or occupant refuses to accept
notice of council hearing, notice of 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 Minn. Stat. 463.17 (Hazardous and Substandard Building Act).
4) Notice of motion for summary enforcement. Written notice of any motion for
summary enforcement shall be made as provided for in Minn. Stat. 463.17
(Hazardous and Substandard Building Act).
Subd. 2. Procedure.
Whenever the officer charged with enforcement determines that a public nuisance is
being maintained or exists on premises in the city, the officer shall notify in writing the
owner or 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 council. Thereafter, the 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 council the city may seek injunctive relief by serving a copy of
the city council order and notice of motion for summary enforcement.
Subd. 3. Emergency procedure; summary enforcement.
In cases of emergency, where delay in abatement required to complete the notice and
procedure requirements set forth in subdivision 1 and 2 above 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. 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 subdivision 1 above,
and may order that such nuisance be immediately terminated or abated. If the nuisance is
not immediately terminated or abated, the city council may order summary enforcement
and abate the nuisance.
Subd. 4. Immediate abatement.
Nothing in this ordinance 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.
Section 5. Recovery of cost.
Subd. 1. 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 or other
official designated by the 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.
Subd. 2. 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 -infested trees, the clerk 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 Minn. Stat. 429.101 against each separate lot or parcel to which the
charges are attributable. The 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 10, as the council may determine in each case.
Section 6. Penalty.
Any person convicted of violating any provision of this ordinance is guilty of a
misdemeanor with fines not to exceed 900.00 and/or incarceration not to exceed 90 days.
Section 7. Validity.
Subd. 1. This Ordinance shall be in full force and take effect from and after its passage
and approval and publication as provided by law. Subd. 2. All other ordinances and parts
of other Ordinances inconsistent or in conflict with any part of this Ordinance are hereby
repealed to the extent of such inconsistency or conflict.
Adopted by the City Council o