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09.e1 Draft - Revised Scandia Nuisance Ordinance - 10-14-2022 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 21-XX AN ORDINANCE AMENDING CHAPTER 91 OF THE SCANDIA CITY CODE REGARDING PUBLIC NUISANCES The City Council of the City of Scandia, Minnesota hereby ordains: Section 1. Sections 91.01-91.21 and Section 91.99 of Chapter 91 of the Scandia City Code, related to Nuisances, are hereby deleted and replaced with the following: § 91.01 PUBLIC NUISANCE PROHIBITION. A person must not act, or fail to act, in a manner that is or causes a public nuisance. For purpose of this ordinance, a person that does any of the following is guilty of maintaining a public nuisance: (A) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; (C) Does any other act or omission declared by law or the Scandia City Code to be a public nuisance; or (D) Permits real property under their control to be used to maintain a public nuisance, or rents their real property knowing it will be used to maintain a public nuisance. § 91.02 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared public nuisances affecting public health: (A) The exposed accumulation of decayed or unwholesome food or vegetable matter; (B) The creating or permitting of ponds or pools of stagnant water; (C) Carcasses of animals not buried or destroyed within twenty-four (24) hours after death; (D) Accumulation of manure, refuse, or other debris; (E) 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; (F) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances; (G) All noxious weeds and other rank growths of vegetation upon public or private property; (H) Dense smoke, noxious fumes, gas, soot, or cinders in unreasonable quantities; 2 (I) Any offensive trade or business as defined by statute not operating under local license; (J) Any discharge, deposit, or dumping of any chemical or septic waste onto city streets, right-of-way or public lands; (K) Disposal of hazardous waste in any manner other than delivery to a licensed collection facility; (L) Any open burning of household trash or refuse, chemicals, gas or oils, rubber, hazardous waste, and their derivatives; and (M) Engaging in open burning or a recreational fire during a period in which the Fire Marshall has prohibited open fires due to extreme fire hazard. § 91.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared public nuisances affecting public peace and safety: (A) All snow and ice that is not removed from public sidewalks within twenty-four (24) hours after the snow or other precipitation causing the condition has ceased to fall; (B) All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (C) All wires and limbs of trees that are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles; (D) Any person participating in any party or other gathering that causes the unreasonable disturbing of the peace, quiet, or repose of another person in such a manner as to be plainly audible at the boundary of the real property, building, structure, or residence from which the noise originates, or at a distance of 50 feet from the source of the noise. “Plainly audible” is defined as sound that can be detected by a person using their unaided hearing faculties. (E) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds, except under conditions as are permitted by the Scandia City Code or other applicable law; (F) Radio aerials or television antennae erected or maintained in a dangerous manner; (G) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk that causes large crowds or people to gather, obstructing traffic and the free use of the street or sidewalk; (H) All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated as to endanger public safety, or not constructed and maintained as provided by ordinance; (I) 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; (J) Any barbed wire fence located less than six (6) feet above the ground and within three (3) feet of a public sidewalk or way; (K) All dangerous, unguarded machinery (including but not limited to inoperable vehicles, machinery, and appliances) in any public place, or so situated or operated on private property as to attract the public; (L) Wastewater cast upon or permitted to flow upon streets or other public properties. Commented [KC1]: Unlawful camping? Uses of structures that do not meet minimum housing standards. Commented [CN2R1]: Structures will be dealt with under the State Hazardous Building Statutes. Camping – is this best dealt with under Public Parks ordinances? There is a regulation on Park Hours, but we can also spell out camping in parks is not allowed. Is this an issue beyond the parks on public property? Commented [KC3R1]: Camping restrictions are comprised of several ordinances. Its primarily focused on placement of recreational vehicles for habitation. (SDC Ch. 2 3.4) This could just be addressed in the UDC update. 3 (M) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other materials in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health, or other safety hazards from such accumulation; (N) Any well, hole, or similar excavation that 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; (O) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, ditch or drainage easement with trash or other material; (P) Any act which may alter or affect the drainage of public streets, alleys, or drainage easements or the surface or grade of public streets, alleys, sidewalks, or drainage easements without a proper permit; (Q) The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances that may injure any person or animal or damage any pneumatic tire when passing over such substance; (R) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (S) Any artificial lighting devices which are used in such a manner to cause a distraction to passing motorists or which are operated without a mechanism or shielding to protect adjacent premises from being adversely affected thereby; (T) Driving motorized scooters, bicycles, electric bikes, motorcycles, snowmobiles, or any other type of motorized vehicle on any sidewalk, walkway or private property of others, or the driving of said vehicles in a loud, noisy or unsafe manner; and (U) Making repairs to motor vehicles or tires in public streets, alleys, or right-of-way, except in the case of emergency repairs. § 91.04 NOISE VIOLATIONS. (A) Prohibited noises. The following are declared public nuisances affecting public health, safety, peace, or welfare: (1) Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person, or precludes their enjoyment of property, or affects their property’s value in such a manner as to be plainly audible at the boundary of the real property, building, structure, or residence from which the noise originates, or at a distance of 50 feet from the source of the noise. “Plainly audible” is defined as sound that can be detected by a person using their unaided hearing faculties. (2) All obnoxious noises, created by motor vehicle or otherwise, in violation of Minn. R. Ch. 7030, as they may be amended from time to time, are hereby incorporated into this ordinance by reference. (3) The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. (4) The discharging of the exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all- 4 terrain vehicle (ATV), snowmobile, or any recreational device, except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. (5) Any loud or excessive noise in the loading, unloading, or unpacking of any vehicle. (6) The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device, paging system, machine, or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet, and comfort of any person nearby. (B) Hourly restriction of certain operations. (1) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. (2) Refuse hauling. Unless otherwise authorized by the City Council, no person shall collect or remove garbage or refuse in any residential district, except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday in accordance with the collection dates and hours adopted by the Council in accordance with Chapter 52 of this code. (3) Construction activities. Unless otherwise authorized by the City Council, no person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. (4) Radios, music devices, amplifiers, speaker systems, and other similar devices. The operation of any device referred to in subdivision §91.04(A)(6) between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. (C) Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation, alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. The Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning changes requested. (C)(D) Conditions of this section are subject to exemptions §91.04-06 and noise variances authorized under §91.07. § 91.05 NUISANCE PARKING. Commented [CN4]: Will require amendment to Section 70.01-.06. Commented [CN5]: Hours must be consistent with any existing contract for trash and recycling hauling. Commented [KC6R5]: See § 52 of the Code of Ordinances formerly known Ord. 8. The days and times are to be approved by the City Council each year. Commented [CN7]: Hours should be consistent with City’s standard practices in public construction cases. Commented [KC8R7]: This appears to be. We only have noise regulations that address this in §91 of the code. Formatted: Indent: Left: 0.75", No bullets or numbering 5 (A) Declaration of nuisance. Outside parking on residentially zoned property of a substantial number of vehicles in violation of the requirements set forth below is declared a public nuisance. (B) Prohibition. A person must not cause, undertake, permit, or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements: (1) No more than four (4) vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the City. The maximum number does not include vehicles of guests who do not reside on the property. (2) Vehicles that are parked or stored outside in the front yard areas must be on a paved or graveled parking surface or driveway. § 91.06 NUISANCE INOPERABLE MOTOR VEHICLES (A) Declaration of nuisance. Any motor vehicle described in this section shall constitute a hazard to the health and welfare of the residents of the community as such vehicles can harbor noxious diseases, furnish a shelter and breeding ground for vermin, and present physical danger to the safety and well-being of children and citizens. Motor vehicles also contain various fluids which, if released into the environment, can and do cause significant health risks to the community. (B) Prohibition. It shall be unlawful to keep, park, store, abandon or permit keeping, parking, storing, or abandoning any motor vehicle that is not in operating condition, partially dismantled, or which is not properly licensed for operation within the state. This section shall apply to public lands, streets or alleys, and private lands. (C) Exception. This section does not apply to a motor vehicle enclosed in a building or kept out of view from any street, road, sidewalk, or alley. § 91.07 DUTIES OF CITY OFFICERS. The City Administrator or any licensed peace officer is authorized to apply and enforce any provision of this ordinance relating to public nuisances within the City. The City Administrator or any licensed peace officer shall have the power to take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no city official or peace officer may enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident, or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing entry of the property. §91.08 ABATEMENT PROCEDURE. (A) Procedure. Whenever the City Administrator or a peace officer determines that a public nuisance is being maintained or exists on the premises within the City, the official shall notify in writing all owners of record and any occupants of the premises 6 of such fact and order that the 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 official shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner and 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 City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance. (B) Notice. Written notice of the violation; notice of the time, date, place, and subject of any hearing before the City Council; notice of the City Council order; and notice of motion for summary enforcement hearing shall be served on all owners of record and occupants of the premises either personally or by certified mail. If the premises is not occupied, the owner(s) of record is unknown, or if the owner(s) of record or occupant(s) refuses to accept notice, any notice required pursuant to this Section be served by posting it on the premises. (C) Emergency immediate abatement; summary enforcement. Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. To proceed with summary enforcement, the City Administrator shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety, or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the 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) of this section and may order that the 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. (D) Judicial remedy. Nothing in this section shall prevent the City from seeking a judicial remedy when no other adequate administrative remedy exists. § 91.09 RECOVERY OF COST. (A) Personal liability. The owner of the premises on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, shall be personally liable to the City for the cost of the abatement, including administrative costs. As soon as the abatement has been completed and the cost determined, the City Administrator shall prepare a bill for the cost and mail it to the property owner. Thereupon the amount shall be immediately due and payable to the City. (B) Assessment. After notice and hearing as provided in Minn. Stat. § 429.061, as it may be amended from time to time, if the nuisance is a public health or public 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-infected trees, the City Administrator shall, on or before 7 September 1 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 City Council may then spread the charges against the property under that statute and any other pertinent statutes for certification to the Washington County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten (10), as the City Council may determine in each case. § 91.98 PENALTY. Notwithstanding any potential civil enforcement actions that may be taken pursuant to this Chapter, any person convicted of violating any provision of Chapter 91 of the Scandia City Code is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both. § 91.99 SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Section 2. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat., § 412.191, subd. 4. Passed by the City Council of Scandia, Minnesota this ______ day of ______________, 2021. ____________________________ Christine Maefsky, Mayor Attested: _____________________________ Ken Cammilleri, City Administrator