7.b DRAFT ORD 2020-05 General Provisions Ordinance AmendmentDRAFT ORDINANCE NO. 2020-05
[24947-34019/2788930/1]
DRAFT General Provisions Ordinance Amendment:
Proposed amendments are shown in red.
§ 10.20 ENFORCEMENT.
(A) Any Licensed Peace Officer of the city’s Police Department, or the County
Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this
code.
(B) The City Clerk Administrator shall have the authority to administer and direct
enforcement this code. In addition, under that statutory authority, certain individuals
designated within the code or by the Clerk City Administrator or City Council shall have
the authority to administer and enforce the provisions specified.
(C) The City Clerk Administrator and any city official, employee, or agent designated
by this code who has the responsibility to perform a duty under this code may, with the
permission of a licensee of a business or owner of any property or resident of a
dwelling, or other person in control of any premises, inspect or otherwise enter any
property to enforce compliance with this code.
(D) If the licensee, owner, resident, or other person in control of a premises objects
to the inspection of or entrance to the property, the Clerk Administrator, Peace Officer,
or any employee or official charged with the duty of enforcing the provisions of this code
may, upon a showing that probable cause exists for the issuance of a valid search
warrant from a court of competent jurisdiction, petition and obtain a search warrant
before conducting the inspection or otherwise entering the property. This warrant shall
be only to determine whether the provisions of this code enacted to protect the health,
safety, and welfare of the people are being complied with and to enforce these
provisions only, and no criminal charges shall be made as a result of the warrant. No
warrant shall be issued unless there be probable cause to issue the warrant. Probable
cause occurs if the search is reasonable. Probable cause does not depend on specific
knowledge of the condition of a particular property.
(E) Every licensee in control of property within the city shall permit at reasonable
times inspections of or entrance to the property by the Clerk Administrator or any other
authorized city officer, employee, or agent only to determine whether the provisions of
this code enacted to protect the health, safety, and welfare of the people are being
complied with and to enforce these provisions. Unreasonable refusal to permit the
inspection of or entrance to the property shall be grounds for termination of any and all
permits, licenses, or city service to the property. Mailed notice shall be given to the
licensee stating the grounds for the termination, and the licensee shall be given an
opportunity to appear before the City Clerk Administrator to object to the termination
before it occurs, subject to appeal of the Clerk Administrator’s decision to the City
Council at a regularly scheduled or special meeting.
DRAFT ORDINANCE NO. 2020-05
[24947-34019/2788930/1]
(F) Nothing in this section shall be construed to limit the authority of the city to enter
private property in urgent emergency situations where there is an imminent danger in
order to protect the public health, safety, and welfare.
§ 10.98 SUPPLEMENTAL ADMINISTRATIVE PENALTIES.
(D) In the discretion of the Peace Officer, City Clerk Administrator, or other person
giving notice of an alleged violation of a provision of this code, in a written notice of an
alleged violation, sent by first class mail to the person who is alleged to have violated
the code, the person giving notice may request the payment of a voluntary
administrative penalty for the violation directly to the City Treasurer within 14 days of the
notice of the violation. A sample notice is contained in the Appendix to this chapter. In
the sole discretion of the person giving the notice of the alleged violation, the time for
payment may be extended an additional 14 days, whether or not requested by the
person to whom the notice has been given. In addition to the administrative penalty, the
person giving notice may request in the notice to the alleged violator to adopt a
compliance plan to correct the situation resulting in the alleged violation and may
provide that if the alleged violator corrects the situation resulting in the alleged violation
within the time specified in the notice, that the payment of the administrative penalty will
be waived.
DRAFT ORDINANCE NO. 2020-05
[24947-34019/2788930/1]
DRAFT Right-of-Way Ordinance Amendment:
This amendment is intended to shift driveway permits outside of the existing development code
to the Right-of-Way Ordinance. This move eliminates existing non-conformity issues and
eliminates permit duplicity as this type of work technically would require a ROW permit in
addition to Development Code Administrative Permit. It requires that alterations to driveways
such as paving or widening require a permit. It also designates the DPW Director to review for
specifications, which is practice. The previous ordinance cites the Zoning Administrator.
Proposed amendments are shown in red.
§ 151.08 PERMIT REQUIREMENT.
(A) Permit required. Except as otherwise provided in this chapter, no person may
obstruct or excavate any right-of-way, or install or place facilities in the right-of-
way, without first having obtained the appropriate right-of-way permit from the
city to do so.
……………………..
(5) Driveway Permits. Access drives or the alteration to access drives onto city
streets shall require an administrative permit under the Development Code or a
permit under this Chapter. This permit shall be issued prior to or concurrent with
the issuance of any building permits. The Public Works Director shall determine
the appropriate location, size and design of such access drives and may limit the
number of access drives in the interest of public safety and efficient traffic flow.
An escrow deposit may be required to ensure construction of the driveway to city
standards, including installation of any required culvert. Said escrow deposit shall
be refunded upon completion of the driveway and restoration of the street and
surrounding vegetation. (Formerly Development Code Ord. 900 Ch. 2. Section
3.1 (7).)
Passed and adopted by the Scandia City Council this 15th day of December, 2020.
________________________________
Mayor Christine Maefsky
ATTEST:
______________________________
Administrator Kenneth Cammilleri