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HomeMy WebLinkAbout1165 Ord (Repealing and Replacing Chapter 38, Nuisances, Sec 22-10, 22-11, and 22-12, Administrative Citations and Civil Penalties, Background Checks, Administrative Offenses, Enacting Section 52-19 regardingCity of Stillwater Washington County, Minnesota ORDINANCE NO. 1165 AN ORDINANCE REPEALING AND REPLACING STILLWATER CITY CODE CHAPTER 38 REGARDING NUISANCES, REPEALING AND REPLACING SECTION 22-10, 22-11, AND 22-12 REGARDING ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES, BACKGROUND CHECKS, AND ADMINISTRATIVE OFFENSES, ENACTING SECTION 52-19 REGARDING NOISE CONTROL AND REGULATIONS AND REPEALING CHAPTER 40 REGARDING ABANDONED VEHICLES The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: SECTION 1 REPEAL AND REPLACE. Chapter 38 of the City Code, Nuisances, is hereby repealed and replaced as follows: CHAPTER 38 - NUISANCES Sec. 38-1 - Generally. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Abatement. Includes, but is not limited to the removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing or destroying that which causes or constitutes a nuisance. Annoyances. Any condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. Compliance Deadline. Either 48 hours after the notice is received or posted or such other date by which the nuisance must be removed, as specified in the notice. Emergency Abatement. The abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this code. Enforcement Officer. Any employee or agent enumerated in City Code § 58-1 or any duly authorized representative thereof. Garbage. Junk, trash, refuse, rubbish, litter, rubble, paper discarded articles, debris or matter of any kind or form not cared for, discarded, abandoned or not concealed within an enclosure. Obstructions. Objects or conditions that interfere with, endanger or prevent the ordinary or safe use of any property including public right-of-way. Owner. Any person shown to be the property owner of record. Property. Any real property, premises, structure or location on which a public nuisance is alleged to exist. Public Nuisance or Nuisance. Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the city or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the city or any offense that is deemed or declared to be a public nuisance by the City Code. Responsible Party. Any one or more of the following: (1) Agent; (2) Contract for deed holder; (3) Mortgagee or vendee in possession; (4) Lessee; or (5) Other person, firm or corporation exercising apparent control over a property. Unsheltered Storage. Includes but is not limited to: machinery, implements, equipment, or personal property, worn out or discarded material, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public. Public nuisance. Public nuisance includes, but not limited to, the following: (1) Violations of City Code Chapter 29 (sewers); (2) Violations of City Code § 31-1 & 2 (building permits); (3) Violations of City Code § 31-509 (sign regulations); (4) Violations of City Code § 35-25 (fertilizer and pesticide restrictions); (5) Violations of City Code § 35-26 (stormwater management practices); (6) Violations of City Code § 38-2 (general health provisions); (7) Violations of City Code § 38-3 (public nuisance affecting morals and decency); (8) Violations of City Code § 38-4 (unsheltered storage and inoperable or abandoned motor vehicles); (9) Violations of City Code § 52-7 (depositing certain materials upon streets); (10) Violations of City Code § 52-13 (illegal posting); (11) Violations of City Code § 52-19 (noise control and regulation); (12) Grass or weeds that have grown to a height of eight or more inches or that have, or are about to go to seed, except fields of prairie grasses, lots under construction or otherwise excepted by the city; (13) Obstructions, which include, but are not limited to: (a) Snow and ice not removed from public sidewalks within 24 hours after its accumulation. 2 (b) Rain, ice or snow or wastewater falling or flowing from private property or buildings onto public property, except gutters, drainage ways and storm sewers. (c) Use of public street or sidewalk or use of property abutting a public street or sidewalk that causes large crowds of people to gather, blocking or obstructing traffic, streets or sidewalks, except in accordance with the regulations of the city. (d) Signs, awnings, vegetation or other objects located on private property that are not constructed and maintained as required by law that prevent persons from having a clear view of all traffic approaching an intersection, or that overhang and obstruct public property. (e) Digging, excavating or doing any act that alters or effects the drainage of property or alters or effects flows of the public storm sewer and drainage ditch system, except in accordance with the regulations of the city. (f) Depositing snow onto a neighbor's property or into the right-of-way. (14) Annoyances, which include, but are not limited to noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders or ash; (15) Direct sky -reflected glare directed into any adjoining property where the bare lightbulb is in view of adjacent property or public street. (16) Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to considerable members of the public, or is detrimental to the property in the neighborhood or to the general public including but not limited to, chronic traffic congestion, noisy or late night parties or gatherings that disturb the repose of neighboring property owners, excessive or unreasonable amounts of otherwise lawful parking that causes the unsafe narrowing of traffic lanes and which parking is caused by crowds associated with parties or social gatherings; abusive or threatening language or gestures by residents of the property directed at adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting juvenile consumption; a property that has been allowed to physically deteriorate and has not been maintained and the neglect has measurably lessened the market value of nearby property in the opinion of an appraiser hired by the city for that purpose; (17) Permitting, suffering, maintaining or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property; (18) Constructing, maintaining, permitting or suffering upon one's property any billboard, sign, poster or advertisement, or to post, publish, promulgate, 3 broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace; (19) Displaying, circulating, issuing, posting or publishing any slanderous or obscene, immoral or lewd pictures, posters, literature, writings, drawings or oral statements; (20) Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city; and (21) Any other activity, place or thing that is defined in this code as a nuisance or public nuisance or any other violations of the city code or zoning ordinance that are a danger to the health, safety and general welfare of the citizens of the city. Sec. 38-2 - 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 running at large; (3) All ponds or pools of stagnant water; (4) Carcasses of animals not buried or destroyed within 24 hours after death; (5) Accumulations 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; The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (8) The discharging of any nonstormwater to the city stormwater system discharge to street or storm drain system may occur. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (a) The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water; (7) 4 (b) Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary to protect public health and safety; (c) Discharges associated with dye testing, however this activity requires verbal notification to the city prior to the time of the test; The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. (9) All noxious weeds and other rank growths of vegetation upon public or private property; (10) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (11) Installing or operating of an outdoor wood boiler. Outdoor wood boiler means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, wood pellets, and corn, that produces heat or energy used as a component of a heating system providing heat for any interior space or for domestic water consumption. Outdoor wood boilers do not include natural gas -fired fireplace logs, wood -burning fireplaces or wood stoves in the interior of a dwelling nor do they include bar-b-que grills or outdoor open air recreational fires. (12) All public exposure of people having a contagious disease; (13) Any offensive trade or business as defined by statute not operating under local license; and (14) All unnecessary and annoying vibrations. Sec. 38-3 - Public Nuisances Affecting Morals And Decency. The following are hereby declared to be nuisances affecting public morals and decency: (1) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (2) Betting, bookmaking and all apparatus used in those occupations; (3) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (4) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place. For the purposes of this section, 5 (5) Intoxicating Liquor shall mean any ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverage containing more than 0.5% alcohol by volume; and Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. Sec. 38.4 - Unshelterd Storage And Inoperable Or Abandoned Motor Vehicles. Subd. 1. General. (1) Purpose. The purpose of this section is to declare the unsheltered storage of inoperable or abandoned motor vehicles and any other vehicles, machinery, implements, equipment, junk or personal property of any kind to be a danger to the public health and safety. The use of tarps shall not be considered an acceptable form of shelter. (2) Declaration. The unsheltered storage of these property items throughout the city tend to impede traffic in the streets, interfere with the enjoyment of and reduce the value of public and private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well-being of the public, and create, extend and aggravate urban blight. The Council declares that, in order to protect the public health, safety and welfare from such conditions, these conditions are a public nuisance and must be regulated, abated and prohibited. Subd. 2. Unsheltered storage and clutter. (1) General rule. No person may place, permit, store, allow, maintain or leave machinery, implements, equipment, clutter or personal property or unsheltered storage upon an open space area of any premises located anywhere in the city. Subd. 3. Wood storage. (1) General rule. No person shall keep or store wood or allow wood to be kept or stored outside on property owned or controlled by that person on residential zoned property, unless said wood is kept or stored as follows: a. In neat and secure stacks which shall not exceed a maximum of four stacks with a total combined volume not exceeding 5 feet high by 10 feet wide by 25 feet long. b. Unless screened by a solid fence or wall, stacks shall not be closer than five feet from the property line. c. The wood stacks shall not be infested or inhabited with rats, rodents, vermin, or insects noxious or dangerous to persons or property. d. The wood shall not be stored or kept in the front yard or yard that is commonly considered the front yard of any lot. e. Temporary storage of logs for up to 30 days outside of the required areas of setback from the property lines and street is allowed for the purpose of cutting and splitting logs to a size usable in the residence's wood burning device. (2) Exceptions. The wood storage regulations shall not apply to: a. Persons having property on which new construction is taking place and the wood on said property is used for said construction, unless the wood has 6 remained on the property for more than 30 days and is not a permanent part of the new construction at the end of that time; and b. Persons storing or keeping wood on property when said wood is stored within an enclosed structure which otherwise conforms to the zoning requirements of the district. Subd. 4. Inoperable or abandoned motor vehicles. (1) General Rule. No person shall place, park, permit to remain, store or leave upon an open area of any premises located anywhere in the city any inoperable or abandoned vehicle for more than seven days. (2) Exceptions. a. In a residential zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than seven days unless the vehicle is kept entirely within an enclosed building. b. In a business or industrial zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than seven days unless adequately screened, or three days on a business or industrial property that is not an auto repair establishment. Adequate screening will require the keeping of the vehicles within a building, tight fence at least five feet in height, or within an earth -toned or neutral colored opaque cover that was specifically designed and manufactured for that purpose and which completely encloses such vehicle. Any inoperable or abandoned vehicle legally kept in a business or industrial zoning district for more than seven days must be at least 100 feet from a public highway or residential building. (3) Definitions. For the purposes of this subdivision, an inoperable or abandoned motor vehicle means a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2 and in a condition described by one of the following: a. On public property for a period of more than 48 hours, or more than four hours when it is property posted, or in violation of either this Code or Minnesota Statutes; b. On private property without consent of the person in control of the property; c. Disabled meaning partially or completely dismantled or appearing either to be undrivable or to be lacking any of those parts of a motor vehicle which are essential to the functioning of the vehicle to the extent of making the vehicle inoperable, unless allowed under subd. 4 of this section; d. Without license plates; e. With license plates which have an expiration date more than 90 days prior to the date of inspection; or f. An abandoned motor vehicle shall also mean a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2. which has remained in the impound lot of a towing company, licensed by the city, for more than 30 days after a written notice to remove the motor vehicle has been sent by registered mail to the registered owner. (4) Exemptions. For the purpose of this chapter the following vehicles are not to be considered abandoned motor vehicles: 7 (5) a. A classic or pioneer car, as defined in Minn. Stat. § 168.10, provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions; b. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage or body shop which is authorized by this Code; c. A vehicle kept inside an enclosed garage or storage building; or d. A vehicle which is registered to the owner or occupant of the property and which is being kept for repair on the property, provided that the vehicle is not kept for longer than 90 days in a disabled condition and its condition does not present a hazard and provided that only one disabled vehicle is kept on the property. Removal and Disposal. If a vehicle fails to meet any of the above requirements, the owner or possessor of the vehicle will be responsible to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten business days of receipt of a written demand by the city. In the event the owner or possessor of the vehicle cannot be located, then it will be the responsibility of the owner of the premises to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten working days of receipt of the written demand by the city. Impoundment of vehicles. The city may take into custody and impound any vehicle or vehicles in violation of this section, following the expiration of the notice. Disposition of impounded vehicles. In all cases of impoundment described above, the city shall serve notice on the owner of the property pursuant to Minnesota Statute § 168B.06. The owner or lienholder may reclaim the vehicle pursuant to Minnesota Statute § 168B.07. If the vehicle is not reclaimed, it may be disposed of at auction or sale pursuant to Minnesota Statute § 168B.08. Sec. 38.5 - Building Maintenance And Appearance. (1) General Rule. Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: are unsightly; decrease adjoining landowners and occupants' enjoyment of their property and neighborhood; and adversely affect property values and neighborhood patterns. (2) Standards. A building, fence or other structure is a public nuisance if it does not comply with the following requirements: (a) No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. (b) Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of: (i) Any one wall or other flat surface; or 8 (ii) All door and window moldings, eaves, gutters and similar projections on any one side or surface. (c) No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings. (d) Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place. (e) Cornices, moldings, decorative trim, lintels, sills, bay or dormer windows and similar projections must be kept in good repair and free from cracks and defects that make them hazardous or unsightly. (f) Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly. (g) Chimneys, antennae, air vents and other similar projections must be structurally sound and in good repair. These projections must be secured properly, where applicable, to an exterior wall or exterior roof. (h) Decks, landings, platforms, porches, and other similar architectural elements must be structurally sound and in good repair. 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. (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 9 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. 10 Subd. 6. Appeals. An owner or responsible party may appeal by following the procedures set forth in City Code § 22-10. 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. SECTION 2 REPEAL AND REPLACE. Sections 22-10, 22-11, and 22-12 of the City Code, Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses are hereby repealed and replaced as follows: Sec. 22-10 - Administrative Citations. Subd. 1. Purpose. The City Council seeks to offer an alternative method of enforcement for city code violations rather than relying on the criminal court system. The formal criminal prosecution process does not provide an environment to adequately address the unique and sensitive issues that are involved in city code violations, including, but not limited to, neighborhood concerns, livability issues, economic impact, physical limitations of the offenders and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the court system is a slow, overburdened and methodical process that is not conducive to dealing with the violations in a prompt and timely manner. Finally, the penalties afforded the criminal court system are restricted to fines or physical confinement, which are not always effective solutions to address city code violations. In order to provide more flexibility in addressing city code violations on an individualized basis that will be more efficient and effective, the City Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of the city, it is the City Council's intent to create a process for the use and imposition of administrative civil penalties that will provide the public and the city with a more effective alternative method for addressing city code violations. Subd. 2. Alternative methods of enforcement. A violation of the city code is a misdemeanor pursuant to City Code § 21-9; however, this section seeks to gain compliance with the city code as an alternative to the commencement of any formal civil or criminal court action. The administrative civil penalties proceedings are in addition to any other legal or equitable remedy available to the city for city code violations. The city may, in its discretion, choose not to issue an administrative citation and may initiate criminal charges instead. (1) Authority to issue compliance letters and administrative citations. Any employee or agent enumerated in City Code § 58-1 or any duly authorized representative thereof is authorized to issue compliance letters and administrative citations for violations of the city code. (2) Compliance letter. (a) Contents of compliance letter. If a city employee or agent determines that a city code violation has occurred, when appropriate, a compliance letter shall be issued. The compliance letter shall contain the following information: (i) A description or address of the property on which the city code violation has occurred; 11 The nature of the violation, including a reference to the appropriate city code section; A compliance deadline, providing a reasonable time for compliance based on the nature of the violation; and A statement that failure to correct the violation may result in the imposition of an administrative citation, including a civil penalty and stating the amount of the penalty as provided in the fee schedule. (b) Service of compliance letter. The compliance letter may be served on the offender by certified mail, regular mail sent to the last known legal address, by personal service or by posting a copy in a conspicuous place in or about the building or property affected by the letter. (c) Reasonable extensions. Following service of the compliance letter, the city shall attempt to work to resolve the violation, including, but not limited to, offering reasonable extensions for compliance. (d) Exceptions to issuance of a compliance letter. For violations of any of the following sections, the city shall not be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as provided in division (3) below. (i) Repeat offender. If the same offender commits a subsequent violation within 12 months after a compliance letter has been issued for a same or similar offense. (ii) License violations. For any license violations, including, but not limited to, not having a license. (iii) Fire prevention violations. For violations of Chapter 23. (iv) Animal violations. For any violation of Chapter 27. (v) Traffic or parking violations. For traffic or parking violations issued under Chapter 51. (vi) Noise violations. For any violation of City Code § 52-19. (vii) Emergency situations. When a condition exists that requires immediate action to protect the public health, safety and welfare. (viii) Disorderly conduct or other similar behavior that tends to disrupt, injure or annoy a reasonable person for which a compliance letter would be moot, as the conduct or behavior has terminated. Administrative citation. (a) Generally. Upon the failure to correct the violation specified in the compliance letter within the time frame established in the compliance letter or any extension thereof granted by the city, or for any offense for which a compliance letter is not required, an administrative citation may be issued. The administrative citation shall be served by certified mail, regular mail or by personal service and shall contain the following information: (i) A description or address of the property on which the city code violation has occurred; (ii) Reference to the city code that is alleged to be violated; (iii) The amount of the administrative civil penalty for the specific city code violation, which shall be due and payable to the city within 30 days of the date the citation is mailed or personally served; (iv) A statement that the violation must be corrected or a subsequent administrative or a criminal citation may be issued; (v) A statement that the city code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the City Clerk in writing within 10 days after the citation was mailed or personally served; and (vi) A statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in Minn. Stat. Chapter 429, as it may be amended from time to time. (b) Payment of penalty and correction of violation. If the offender pays the administrative civil penalty and corrects the city code violation, no further action will be taken for that same violation. (c) Payment of penalty without correction of violation. If the offender pays the administrative civil penalty but fails to correct the city code violation, the city may issue a subsequent administrative citation, initiate criminal proceedings or initiate any other proceedings or remedies available in order to enforce correction of the city code violation. (d) No payment of penalty and no correction of violation. If the offender fails to pay the administrative civil penalty and fails to correct the city code violation, the city may do any of the following, or any combination thereof: (i) Assess the administrative civil penalty against the property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time; (ii) Issue a subsequent administrative citation, thereby commencing a new administrative penalties process; (iii) Initiate criminal proceedings; and/or (iv) Initiate other enforcement action authorized by law. (e) Failure to pay an administrative citation for which the costs cannot be assessed shall be a misdemeanor. Subd. 3. Contesting the administrative citation. An offender receiving an administrative citation may contest the alleged city code violation and the amount of the administrative civil penalty. In order to contest any part of the administrative citation, the offender must notify the City Clerk in writing within 10 calendar days after the citation is mailed or personally served, stating that the offender contests the alleged violation, the amount of the penalty or both and pay a $200 non-refundable filing fee. (1) Administrative citation hearing. (a) Scheduling the hearing. After receipt of the written notice to contest the citation as provided in Subdivision 3 above, the City Clerk shall schedule a hearing before an independent hearing officer, which will be held within 60 days, unless otherwise agreed to in writing by the parties. The City Clerk shall notify the owner of the date, time and location of the hearing. (b) Independent hearing officer. An independent hearing officer, who may be from the office of administrative law judges, shall preside over the administrative citation hearing. (c) Conduct of the administrative citation hearing. (i) At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. (ii) The hearing officer shall receive and give weight to the evidence, including hearsay evidence. (iii) The hearing shall be recorded and a full record of the proceedings shall be maintained by the city according to its data retention schedule. (iv) Authority of hearing officer. The independent hearing officer has the authority to do any of the following, or a combination thereof: a. Make a finding that a violation has occurred; b. Reduce, stay or waive a scheduled administrative civil penalty either unconditionally or upon compliance with reasonable conditions; c. Require compliance with the city code within a specified time frame; and/or d. Make a finding that no violation has occurred and dismiss the administrative citation. (v) Decision and order. a. The hearing officer may announce a decision at the conclusion of the hearing or may take the matter under advisement. 14 b. The hearing officer shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than 10 days after the hearing. c. Any administrative civil penalty that the independent hearing officer imposes must be paid to the city within the time frame established in the order. If no date is specified, it must be paid within 30 days of the hearing officer's order. d. If the administrative civil penalty is not paid, the city may assess the civil penalty against the owner's property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time. e. If the hearing officer determines that no violation occurred, then the city may not proceed with criminal prosecution for the same act or conduct. (vi) Finding of violation. If the violation is upheld, then the offender must pay for the cost of the hearing, not to exceed $1,000, toward the cost of the hearing. (vii) Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the offender fails to appear, the administrative citation shall be sustained and the fee for the cost of the hearing shall be imposed. If the city fails to appear, the administrative citation shall be dismissed and the filing fee shall be refunded. (2) Appeal. The hearing officer's decision is final and may only be appealed to the Minnesota Court of Appeals. (3) Schedule of administrative civil penalties. (a) The city shall adopt a fee schedule of administrative civil penalties for city code violations by resolution. (b) The maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process. Sec. 22-11- General Penalties. Subd. 1 General penalties. (1) Any person who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall include a sentence of a fine or jail or both, up to the maximum authorized by law. (2) Exceptions. Where a provision of this code or a statute, rule, or regulation adopted by reference in this code sets a lesser penalty such as an administrative citation or a petty misdemeanor, or a different period 15 (3) constituting a violation than set pursuant to City Code § 22-11 that code or statutory or regulatory provision prevails. Pursuant to Minn. Stat. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (4) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. (5) In addition to any penalties provided for in City Code § 22-10, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation. Sec. 22-12 - Background Checks. Subd. 1. The City of Stillwater shall perform employment background checks, according to state and federal laws. The city administrator or designee, is authorized to conduct a criminal history background investigation on finalists for the following employment positions within the city, unless the city administrator concludes that a background investigation is not needed: all regular part time and full time employees of the City of Stillwater; paid on -call firefighters; all other positions or volunteer appointments that work with children or vulnerable adults. Subd. 2. The city administrator, or designee are authorized to conduct driver's license investigations of city employees and employment finalists for purposes of verifying compliance with job position and insurance requirements and conducting disciplinary investigations relevant to such requirements. Subd. 3. Background checks on licensees. The city administrator or designee is required, as the exclusive entity within the city, to perform a criminal history background investigation on applicants and managers, according to state and federal laws, for the following licenses within the city: (1) Tobacco licenses; (2) Towing licenses; (3) Peddler licenses; (4) Pawnbrokers; and (5) Liquor establishments. SECTION 3 ENACTMENT. Section 52-19 of the City Code, Noise Control and Regulation is hereby enacted as follows: Sec. 52-19 - Noise Control And Regulation. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: General. Words and phrases defined in this subdivision have, when used in this section, the meanings given in this section. Any other word or phrase used in this section, 16 and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. L10 means the sound level, expressed in decibels (dBA) which is exceeded ten percent of the time for a one -hour period. L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one -hour period. Noise means any unwanted sound not occurring in the natural environment, including, but not limited to, sounds originating from streets and highways, industrial, commercial, and residential sources. Where a sound measurement is specified, the sound shall be measured by a sound level meter (SLM) having characteristics as specified in the latest standards, 51.4 of the American Standards Institute. Calibration of SLM shall be at least "second stage" traceable to the national bureau of standards. Subd. 2. General prohibition. No person shall make, cause, or allow to be made any distinctly and loudly audible noise that unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property. This prohibition is not limited by the specific prohibitions contained in the following subdivisions. It is not a violation of this provision to operate specified equipment in keeping with the restrictions of subdivision 4 below. Subd. 3. Prohibited noises made by sound producing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building. Subd. 4. Hourly restriction on certain operations. Certain operations shall be restricted during certain hours as follows: (1) Recreational vehicles. No person may, between the hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike, snowmobile or other recreational vehicle not licensed for travel on public highways, in such a manner that it is plainly audible at a distance of 50 feet from its source. (2) Domestic power equipment. No person may operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 8:00 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 subsection. Construction activities. No person may 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. (3) 17 Subd. 5. Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at or within the property line of receiving land use. Table I. Sound Levels by Receiving Land Use Districts. Land Use Districts Day Night (8:00 a.m.-10:00 p.m.) (10:00 p.m.-8:00 a.m.) L10 Standard L50 Standard L10 Standard L50 Standard Residential 65 dBA Commercial 70 dBA Industrial 80 dBA 60 dBA 65 dBA 75 dBA 55 dBA 70 dBA 80 dBA 50 dBA 65 dBA 75 dBA For noise relative to period less than L-10 Standard, the following conditions apply: No indoor sound level shall be raised more than six dbc over existing background, and no outdoor sound level shall be raised more than ten dbc over existing background noise level. The limits of the most restrictive district shall apply at the boundaries between the different land use categories. The determination of land use shall be by its zoned designation. Subd. 6. New dwelling construction. New dwelling construction may have a sound transmission class (STC) designed to 50; field measurable to 45; and impact isolation class designed to 50; field measurable to 45, in addition to meeting requirements of the state uniform building code. SECTION 4 REPEAL. Chapter 40 of the City Code, Abandoned Vehicles is hereby repealed. SECTION 5 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 repeals and replaces current City Code Chapters 38 and 40 relating to nuisances with a new Chapter 38 covering all public nuisances; repeals and replaces City Code § 22-10, 22-11 and 22-12 relating to administrative citations and civil penalties, background checks, and administrative offenses with new sections regarding administrative citations, general penalties and background checks; and enacts City Code § 52-19 regarding noise control and regulation. SECTION 6 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 7 EFFECTIVE DATE. This Ordinance shall not be published until the Final Plat for Heifort Hills Estate 2nd Addition is approved by the City Council, and after its passage and publication according to law. 18 Approved this 20th day of April, 2021. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER ozlowski, Mayor 19 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Diane Erickson 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 04/23/2021 and the last insertion being on 04/23/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspape; 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. Designated Agent Subscribed and sworn to or affirmed before me on 04/23/2021 by Diane Erickson. 9cvaa. Notary Public DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31.2224 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 1165 AN ORDINANCE REPEALING AND REPLACING STILLWATER CITY CODE CHAPTER 38 REGARDING NUISANCES, REPEALING AND REPLACING SECTION 22-10, 22-11, AND 22-12 REGARDING ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES, BACKGROUND CHECKS, AND ADMINISTRATIVE OFFENSES, ENACTING SECTION 52-19 REGARDING NOISE CONTROL AND REGULATIONS AND REPEALING CHAPTER 40 REGARDING ABANDONED VEHICLES The City Council of the City of Stillwater does ordain: This ordinance repeals and replaces current City Code Chapters 38 and 40 relating to nui- sances with a new Chapter 38 covering all public nuisances; repeals and replaces City Code § 22-10, 22-11 and 22-12 relating to administrative ci- tations and civil penalties, background checks, and administrative offens- es with new sections regarding administrative citations, general penalties and background checks; and enacts City Code § 52-19 regarding noise control and regulation. Approved this 20th day of April, 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 April 23, 2021 1132667 Ad ID 1132667