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Home My WebLink About1174 (Sections 38-6 And 38-7 Regarding Nuisances And Section 58 Regarding Enforcement Officers Who Can Issue Administrative Citations)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1174 AN ORDINANCE AMENDING SECTIONS 38-6 AND 38-7 REGARDING NUISANCES AND SECTION 58 REGARDING ENFORCEMENT OFFICERS WHO CAN ISSUE ADMINISTRATIVE CITATIONS The City Council of Stillwater does ordain: SECTION 1 AMENDMENT. Sec. 38-6 of the City Code, Violations and Sec. 38-7, Abatement are hereby amended as follows: Sec. 38.6 - VIOLATIONS. (1) No person shall, directly or indirectly or by omission, create a nuisance. Violations of this Chapter shall be deemed to be a public nuisance subject to abatement pursuant to City Code § 38-7, or an administrative citation pursuant to City Code § 22-10, or a criminal prosecution pursuant to City Code § 21-9. (2) No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person's control. Sec. 38-7 - ABATEMENT. Subd. 1. Emergency abatement. Whenever the city is made aware of the existence of a public nuisance, the city will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented and the city may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance. Subd. 2. Abatement; notice. (1) General rule. If, after inspecting the property, the Enforcement Officer declares the existence of a public nuisance but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then regular abatement procedures will be followed. (2) Notice. a. In cases where emergency abatement of a public nuisance is not required, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information: i. Description of the property upon which the nuisance is situated; ii. The nature of the nuisance to be abated; iii. State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the city; iv. State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and v. A compliance deadline. The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice unless another compliance deadline is stated. b. If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the city may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously. Subd. 3. Disclosure of responsible party. (1) Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract. (2) An owner or responsible party shall, upon the request of the Enforcement Officer, provide the Officer with access to all interior portions of any occupied or unoccupied building in order to permit the Officer to make a complete inspection. Subd. 4. Authority to abate. (1) The Enforcement Officer is authorized to enter in or upon any property or structure for the purpose of enforcing and ensuring compliance with the provisions of this section. (2) If the public nuisance has not been removed or resolved by the compliance deadline, the city has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the city may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The city may call upon any of the city departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the city pursuant to Subd. (9) below, the city may sell the salvaged material at private or public sale with the proceeds from the sale going to the city's community development. Subd. 5. Abatement Invoice. If the city performs the work pursuant to Subd. 4(2) above, the city will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of up to 25% for administrative costs. Subd. 6. Appeals. An owner or responsible party may appeal a compliance letter for an abatement action by following the procedures set forth in City Code § 22-10 subd. 3. Any personal property of value or salvageable property coming into possession of the city during the course of the abatement pursuant to Subd. 4(2) above will be stored by the city pending the outcome of the appeal. 2 SECTION 2 AMENDMENT. Chapter 58 of the City Code, Issuance of Citations, is hereby amended as follows: Sec. 58-1. - Authorized issuers. Subd. 1. Except as otherwise provided by statute, any licensed peace officer of the State shall have the authority to enforce any provision of this code pursuant to city code Section 21-9. Subd. 2. The following city individuals may issue administrative citations pursuant to city code Section 22-10: (1) Peace officers and part-time peace officers; (2) Community service officers; (3) Zoning administrator; (4) Building official; (5) Fire Chief, Fire Marshal, or designee; (6) Parking enforcement officers; (7) Code enforcement officers; (8) City Clerk; (9) City Engineer or designee; (10) Community Development Director or designee; (11) City Administrator or designee. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance clarifies that multiple methods of enforcement may be used for Ch. 38 nuisance violations, clarifies that nuisance abatement compliance letters may be appealed, and adds additional enforcement officers who can issue administrative citations. SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 21st day of September, 2021. CITY OFIL L AT • • Beth Wolf, City Cler --1 Ted Kozlowski, Mayor 3 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON 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 09/24/2021 and the last insertion being on 09/24/2021. 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 latter county. By: eta "11/1 Designated Agent Subscribed and sworn to or affirmed before me on 09/24/2021 by Karen Nelson. Notary Public ',, DARLENE MARIE MACPHERSON ';; Iti40'fllftY PUBLIC MINNESOTA a My r,onvnlsslon Expires Jan 31, 2024. Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1174 AN ORDINANCE AMENDING SECTIONS 38-6 AND 38-7 REGARDING NUISANCES AND SECTION 58 REGARDING ENFORCEMENT OFFICERS WHO CAN ISSUE ADMINISTRATIVE CITATIONS The City Council of the City of Stillwater does ordain: This ordinance clarifies that multiple methods of enforcement may be used for Ch. 38 nuisance violations, clarifies that nuisance abatement compliance letters may be appealed, and adds additional enforcement officers who can issue administrative citations. Approved this 21 st day of September, 2021. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette September 24, 2021 1170525 Ad ID 1170525