Chapter Number 52, Sewer Service

CHAPTER 52:  SEWER SERVICE

Section

            Sewage Department

            52.01   Department established

            52.02   Consent to regulations

            52.03   Liability

            52.04   Rates

            52.05   Application for connection

            52.06   Inspection

            52.07   Drainage of water into sewer system prohibited

            52.08   Superintendent of Public Works

            Sewer Use

            52.20   Definitions

            52.21   Use of public sewers required

            52.22   Regulation of individual sewage treatment systems

            52.23   Building sewers and connections

            52.24   Discharge regulations

            52.25   Protection from damage

            52.26   Wastewater backups

            52.27   Wastewater service charges and industrial waste cost recovery

            52.28   General cost recovery

            52.29   Bills

            52.99   Penalty

SEWAGE DEPARTMENT

• 52.01 DEPARTMENT ESTABLISHED.

            There is established a City Sewage Department.  The sewer systems as they are now constituted or shall hereafter be enlarged or extended shall be operated and maintained under the provisions of this chapter subject to the authority of the City Council at any time to amend, alter, change or appeal the same.

(Prior Code, § 31.01)

• 52.02 CONSENT TO REGULATIONS.

            (A)      The City Council shall have control of all utilities that have been accepted by the city, and all work done on the utility or to be done within the right-of-way of any street, highway, alley or other public lands to the end that a proper and sufficient system may be maintained. 

(Prior Code, § 31.02)

            (B)       Every person applying for sewage service from the Sewage Department, and every owner of property for which such application has been made, shall be deemed by such application to consent to all the rules, regulations and rates contained in the resolutions or ordinances of the city and to all new rules, regulations or rates duly adopted.  All plumbing and service devices maintained by the consumer shall at all reasonable times be subject to inspection by duly authorized representatives of the city.  The owner shall be notified of any repairs found to be necessary by such representatives and if the owner fails or neglects or refuses to meet said proper repairs then the Council may order the Superintendent of the Sewage Department to correct such situations at the owner’s expense. 

(Prior Code, § 31.03)

• 52.03 LIABILITY.

            (A)      The owner, agent, occupant or other person having charge of the premises shall be liable for all costs and expenses in connecting from the main sewage line to the property line and that the city shall not be liable for the installation, repair or maintenance of any sewage piping or facility from the main line to the building or buildings which are using this service.  

(Prior Code, § 31.04)

            (B)       The owner, agent, occupant or other person having charge of the premises shall be liable for all costs and expenses in connecting from the main line to the property line, and the city shall limit its liability for the repair or maintenance of any city owned public utility to that part of the utility located within the right-of-way of any highway, street, alley or other public land.  

(Prior Code, § 31.10)

• 52.04 RATES.

            The rates, if any, for use of the city sewage system shall be determined by the City Council, by Resolution, and shall be exhibited in a rate schedule which should be kept in a rate book in the office of the City Administrator and shall be available for public inspection during reasonable business hours.

(Prior Code, § 31.05)

• 52.05 APPLICATION FOR CONNECTION.

           No person shall make any type connection to the sanitary sewer system or the storm sewer system except upon making an application therefore on a form provided by the city and receiving a permit issued by the city for such purpose.  The application shall include an exact description of the property to be served, the uses for which the connection is requested and the size of the lines requested to be used. There shall be a permit fee in an amount determined by resolution of the City Council, which shall accompany any application.  All connections shall be made under the supervision of the Superintendent of Public Works or the City Engineer.

(Prior Code, § 31.06)

• 52.06 INSPECTION.

            After such connection to the sanitary sewer system or the storm sewer system has been made, the Sewage Department shall be notified.  It shall be unlawful to cover any connection line until an inspection has been made and such connection in the work incident thereto has been approved by the city as a proper and suitable connection.

(Prior Code, § 31.07)

• 52.07 DRAINAGE OF WATER INTO SEWER SYSTEM PROHIBITED.

            It shall be unlawful for any owner, occupant or user to any premises to direct into or allow any storage water or surface water to drain into the sanitary sewer system of the city.

(Prior Code, § 31.08)  Penalty, see § 52.99

• 52.08 SUPERINTENDENT OF PUBLIC WORKS.

            The Superintendent of Public Works shall have the right to enter upon the premises for any purpose to carry out the intents of this chapter, and if he or she should find that any waterline, sewer or drain connected with any main public waterlines, sewer or ditch lines should become obstructive or broken or not fit for the purposes of drainage, then he or she shall notify such property owner and if the said owner fails or neglects or refuses to make the proper repairs, then the Council may order the Superintendent of Public Works to correct such situation and the Council shall assess the expenses thereof against the property owners.

(Prior Code, § 31.09)

SEWER USE

• 52.20 DEFINITIONS.

            For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            AUTHORITY. The City of Mountain Iron, Minnesota.

            BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C.

            BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.

            BUILDING DRAIN, SANITARY.  A building drain which conveys sanitary or industrial sewage only.

            BUILDING DRAIN, STORM.  A building drain which conveys storm water or other clear water drainage but no wastewater. 

            BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal (also called house connection).

            BUILDING SEWER, SANITARY. An industry that: 

                        (1)       Has a flow of 50,000 gallons or more per average work day; 

                        (2)       Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;

                        (3)       Has in its waste a toxic amount as defined in standards issued under Section 307 (a building sewer which conveys sanitary or industrial sewage only).

            BUILDING SEWER, STORM.  A building sewer which conveys stormwater or other clear water  drainage but no sanitary or industrial sewage.

            CLASSES OF USERS.  The division of wastewater treatment customers by waste characteristics and process or discharge similarities.

                        (1)       RESIDENTIAL. All dwelling units such as detached, semi-detached and row houses, mobile homes, garden and standard apartments and permanent multi-family dwellings.  (Transient lodging, considered commercial in nature, is not included.)

                        (2)       COMMERCIAL. Transient lodging, retail and wholesale establishments or places engaged in selling merchandise for personal, household or industrial consumption and/or rendering services to others.

                        (3)       INSTITUTIONAL. Social, charitable, religious and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

                        (4)       GOVERNMENTAL. Includes legislative, judicial, administrative and regulatory activities of federal, state and local governments, such as courthouses, police and fire stations, city halls and similar users.

                        (5)       INDUSTRIAL. Manufacturing activities involving the mechanical or chemical transformation of materials or substances into other products.  These activities occur in establishments usually described as plants, factories or mills and characteristically use power driven machines and material handling equipment. 

            COMPATIBLE POLLUTANT.  Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.  The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater.  Minor incidental removals in the order of 10% to 30% are not considered substantial.  Examples of the additional pollutants which may be considered compatible include:

                        (1)       Chemical oxygen demand;

                        (2)       Total organic carbon;

                        (3)       Phosphorus and phosphorus oils and greases of animal or vegetable origin  (except as prohibited where these materials would interfere with the operation of the treatment works).

            DEPRECIATION. An annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of treatment works.

            EASEMENT. An acquired legal right for the specific use of land owned by others.

            FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.

            FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Authority.

            GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the commercial handling, storage and sale of produce.

            INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.

            INDUSTRIAL COST RECOVERY. Recovery from the industrial users of a treatment works of the grant amount allocable to treatment of waste from such users pursuant to Section 204 (b) of Pub. L. 92-500 and 40 CFR 35. 928(1) and (2).

            INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.  (Infiltration does not include and is distinguished from inflow.)

            INFILTRATION/INFLOW. Total quantity of water from both infiltration and inflow without distinguishing the source.

           INFLOW. The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.  (Inflow does not include and is distinguished from infiltration.)

            MAJOR CONTRIBUTING INDUSTRY.  An industry that:

                        (1)       Has a flow of greater than 50,000 gallons per day;

                        (2)       Has a flow which is greater than 5% of the flow carried by the municipal system receiving the waste; or

                        (3)       Is designated as an industrial user by the municipality or the Minnesota Pollution Control Agency on the basis that the industry discharge has a reasonable potential to adversely impact the wastewater treatment facility or the quality of its effluent or residuals.

            NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows into a watercourse, pond, ditch, lake or other body of surface or ground water.

            NORMAL DOMESTIC SEWAGE. As defined for the purposes of determining surcharge, shall mean wastewater or sewage having an average daily suspended solids concentration of not more than 250 mg/l, an average daily phosphorous concentration of 11 mg/l and containing not more than 2.5 mg/l of Hexane soluble matter (grease and oil).

            NPDES PERMIT.  A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewater to the navigable waters of the United States pursuant to Section 402 of Pub. L. 92-500.

            OPERATION AND MAINTENANCE COSTS.  All costs, direct and indirect (other than debt service), necessary to insure adequate wastewater treatment on a continuing basis, conform to all related federal, state and local requirements and assure optimal long-term facility management.  (These costs include depreciation and replacement.)

            PERSON. Any individual, firm, company, association, society, corporation or group discharging any wastewater to the Waste Water Treatment Facility.

            pH. The reciprocal of the logarithm of the hydrogen ion concentration.  The concentration is the weight of hydrogen ions in grams per liter of solution.

            PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.

            PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers with no particle greater the 3/8 inch in any dimension.

            PRIVATE SEWER. A sewer that is not owned by a public authority.

            PUBLIC AUTHORITY. Any governmental agency having jurisdiction by law over construction and use of a wastewater collection or treatment facility.

            PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following types.

                        (1)       COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewater from individual point source discharges.

                        (2)       INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

                        (3)       FORCE MAIN. A pipe in which wastewater is carried under pressure or forced flow.

                        (4)       PUMPING STATION. A station positioned in the public sewer service at which wastewater is pumped to a higher level.

                        (5)       STORM SEWER.  Separate from the SANITARY SEWER, it is used to convey clearwater flow to an appropriate discharge point.

            REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

            SANITARY SEWER. A sewer which carries sanitary and industrial wastes and to which storm, surface and ground water are not intentionally admitted.

            SEWAGE. The combination of the liquid and water carried wastes for residences, commercial buildings, industrial plants and institutions (including polluted cooling water).  The two most common types of sewage are:

                        (1)       SANITARY SEWAGE. The combination of liquid and water-carried waste discharge from toilet and other sanitary plumbing facilities;

                        (2)       INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water.)

            SHALL. Mandatory; MAY is permissive.

            SIGNIFICANT INDUSTRY. Any industry that will contribute greater than 10% of the design flow or design pollutant loading of the treatment works.

            SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hours concentration of flows during normal operations.

            STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

            STORM SEWER. A sewer for conveying water, groundwater or unpolluted water from any source and to which sanitary and/or industrial waste are not intentionally admitted.

            SUSPENDED SOLIDS. Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

            TOTAL SOLIDS. The sum of suspended and dissolved solids.

            TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations and defined in standards issued pursuant to Section 207(a) of Pub. L. 92-500.

            UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

            USER CHARGE. A charge levied on users of a wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Pub. L. 92-500.

            VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.

            WASTEWATER TREATMENT WORKS. The structures, equipment and processes required to collect, transport and treat domestic industrial wastes and dispose of the effluent and accumulated residual solids.

            WATER WORKS. All facilities for water supply, filtration plant, storage reservoir, water lines and services and booster stations for obtaining, treating and distributing potable water.

            WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.

(Prior Code, § 37.01)

• 52.21 USE OF PUBLIC SEWERS REQUIRED.

            (A)      It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city any human or animal excrement, garbage or other objectionable waste.

            (B)       It shall be unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the NPDES.

            (C)       Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

            (D)      The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located any public sanitary sewer of the city is hereby required at his or her expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of an official notice to do so, provided that the public sewer is within ten feet of the property.

(Prior Code, § 37.02)  Penalty, see § 52.99

• 52.22 REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS.

Private sewage collection and disposal systems shall not be permitted within those areas of the City served by the City sanitary sewer system. Individual or collective sewage systems may be permitted in those areas not served by the sanitary sewer system when a permit for such system has been approved by the St. Louis County Health Department.  (Prior Code, § 37.03)  (Am. Ord. 08-02, passed 11-4-2002, Am. Ord. 05-09, passed June 15, 2009, Am. Ord. 03-10, passed May 3, 2010)

• 52.23 BUILDING SEWERS AND CONNECTIONS.

            (A)      No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining written permit from the city or its authorized representative.

            (B)       All disposals by any person into the sewer system are unlawful except those discharges in compliance with federal standards promulgated pursuant to the Federal Act and more stringent state and local standards.

            (C)       There shall be two classes building sewer permits:  for residential and commercial service, and for service to establishments producing industrial wastes.  In either case, the owner or his or her agent shall make application on a special form furnished by the City Council.  The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.

            (D)      A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including series, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load.

            (E)       All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. 

            (F)       A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be construed to the rear building through an adjoining alley, court, yard or driveway, the building may be extended to the rear building and the whole considered as one building sewer.

            (G)      Old buildings sewers may be used in connection with new buildings only when they are found, on examination and test by the city, to meet all requirements of this chapter.

            (H)      The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the rules and regulations of the City Council.  In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No.9 and the City Engineer’s Specifications for Water and Sewer Main Construction in Minnesota shall apply.

            (I)        Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means which is approved in accordance with § 52.20 and discharged to the building sewer.

            (J)        No person(s) shall make connections of roof downspouts, exterior foundation drains, areaway drains or other sources of surface run-off or ground water to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer.

            (K)      The connection of the building sewer into the public sewer shall conform to the requirements and applicable rules and regulations of the City Council or the procedures set forth in appropriate specifications of the American Society of Testing Materials, Water Pollution Control Federation Manual of Practice No. 9 and City Engineer’s Specifications for Water and Sewer Main Construction in Minnesota.  All such connections shall be made gastight and watertight.

            (L)       All excavating for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property distributed in the course of the work shall be restored in a manner satisfactory to the city.

(Prior Code, § 37.04)

• 52.24 DISCHARGE REGULATIONS.

            (A)      No person shall discharge, or cause to be discharged, any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

            (B)       Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged on approval of the city to a storm sewer or natural outlet.

            (C)       No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

                        (1)       Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

                        (2)       Liquids, or gases in sufficient quantity, either singly or by interaction with other waste, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant;

                        (3)       Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

                        (4)       Solid or viscous substances in quantities or of such size capable of causing obstruction to the fowl in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders.

            (D)      No industrial user may discharge sewage into any public sewer until the city has adopted an industrial cost recovery system which:

                        (1)       Meets the requirements of Section 204(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972 (citation) and applicable federal regulations;

                        (2)       Has been approved by the Agency in accordance with the conditions of any grant made to the city by the United States Environmental Protection Agency;

                        (3)       For the construction or any part of the sewer system or treatment works of the city.

            (E)       No person shall discharge or cause to be discharged the following substances, materials, waters or wastes if it appears likely in the opinion of the city that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance.  In forming the opinion as the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction to such factors as the quantities of subject wastes in relation to flow and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and maximum limits established by regulatory agencies. The substances prohibited are:

                        (1)       Any liquid or vapor having a temperature higher than 150°F  (0° and 65°C);

                        (2)       Any waters or wastes containing toxic or poisonous materials or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (0° and 65°C);

                        (3)       Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the city;

                        (4)       Any waters or wastes containing strong acid, iron pickling waste or concentrated plating solutions, whether neutralized or not;

                        (5)       Any waters or wastes containing iron, chromium, copper, zinc or similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the city for such materials;

                        (6)       Any waters or wastes containing phenols or other taste or odor producing substances, in such concentration exceeding limits which may be established by the city EPA as necessary after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;

                        (7)       Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city in compliance with applicable state and federal regulations;

                        (8)       Any waters or wastes having a pH in excess of 9.5;

                        (9)       Any mercury or any of its compounds in excess of 0.0005 mg/l as Hg any time except as permitted by the city in compliance with applicable state and federal regulations;

                        (10)     Materials which exert or cause:

                                    (a)       Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids  (such as, but not limited to, sodium chloride and sodium sulfate);

                                    (b)       Excessive discoloration  (such as, but not limited to, dye wastes and vegetable tanning solutions);

                                    (c)       Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

                                    (d)       Unusual volume of flow to concentrations of wastes constituting “slugs” as defined herein;

                        (11)     Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

            (F)       (1)       If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substance or possess the characteristics enumerated in § 52.20 and/or which are in violation of the standards for pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter D, Water Programs Part 128, Thursday, November 8, 1973 and any amendments thereto and which in the judgment of the city may have deleterious effect upon the sewage works, processes, equipment or receiving  waters or which otherwise create a hazard to life or constitute a public nuisance, the city may:

                                    (a)       Reject the waste;

                                    (b)       Require pretreatment to an acceptable condition for discharge to the public sewers;

                                    (c)       Require control over the quantities and rates of discharge;

                                    (d)       Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 52.20.

                        (2)       If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city and subject to the requirements of all applicable codes, ordinances and laws.

            (G)      Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection.

            (H)      Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

            (I)        Each industry shall be required to install a control manhole and, when required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.  Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with the plans approved by the city. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.

            (J)        The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests and analyses of waters and wastes to illustrate compliance with this chapter and any special conditions for discharge established by the city or regulatory agencies having jurisdiction over the discharge.  The number, type and frequency of laboratory analyses to be performed by the owner shall be stipulated by the city, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with federal, state and local standards are being met. The owner shall report the results at such times and in such manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses and reporting required by the city. At such times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an outside laboratory service.

            (K)      All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property, the particular analyses involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

            (L)       No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, in accordance with federal and state guidelines for user charge system and industrial cost recovery system.

            (M)      Each residential household, commercial complex, commercial business or industry shall pay to the city the established amount set forth by the EPA user charge system or industrial cost recovery for the proper operation of the sewage treatment plant.  Any building which is privately owned, whether occupied or not, shall be subject to this payment.  Any established multi dwelling shall make payment in the amount established by the user charge system.  The payment shall be made unless the water service is discontinued and the service valve closed.

(Prior Code, § 37.05)

• 52.25 PROTECTION FROM DAMAGE.

            No unauthorized person shall maliciously, willfully or negligently break, damage, destroy or tamper with any structure, appurtenance or equipment which is a part of the sewage works.  Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Prior Code, § 37.06)  Penalty, see § 52.99

• 52.26 WASTEWATER BACKUPS.

            All building drains which have back-up problems shall have a back water valve installed at the owner’s expense, and it shall be the owner’s responsibility to see that the back water valve is kept clean and workable. The city will assume no liability for any damages resulting from back up.

(Prior Code, § 37.08)

• 52.27 WASTEWATER SERVICE CHARGES AND INDUSTRIAL WASTE COST RECOVERY.

            (A)      Wastewater service charges:

                        (1)       The wastewater service charge for the use of and for the service supplied by the wastewater facilities of the city shall consist of a basic user charge for operation and maintenance plus replacement, a debt service charge and a surcharge, if applicable.

                        (2)       The debt service charge shall be computed by dividing the annual debt service of all outstanding loans by the number of users.  Through further divisions, the monthly debt service charges can be computed.

                        (3)       The basic user charge shall be based on water usage as recorded by water meters and/or sewage meters for wastes having the following normal concentrations:

                                    (a)       A five day, 20°C biochemical oxygen demand (BOD) of 200 mg/l;

                                    (b)       A suspended solids (SS) content of 250 mg/l.

                        (4)       It shall consist of operation and maintenance costs plus replacement and shall be computed as follows:

                                    (a)       Estimate the projected annual revenue required for operating and maintaining the wastewater facilities, including a replacement fund for the year, for all works categories;

                                    (b)       Proportion the estimated costs to wastewater facility categories by volume, suspended solids and BOD, if possible;

                                    (c)       Estimate wastewater volume, pounds of SS and pounds of BOD to be treated;

                                    (d)       Proportion the estimated costs to non-industrial and industrial users by volume, suspended solids and BOD;

                                    (e)       Compute costs per 1,000 gallons for normal sewage strength;

                                    (f)        Compute surcharge costs per 1,000 gallons per mg/l in excess of normal sewage strength for BOD and SS.

            (B)       A surcharge will be levied to all users whose waters exceed the normal concentration for BOD (200 mg/l) and SS (250 mg/l).  The surcharge will be based on water usage as recorded by water meters and/or sewage usage as recorded by water meters and/or sewage meters for all wastes which exceed the 200 mg/l concentration for BOD and SS respectively.  This chapter specifies the procedure to compute a surcharge.

            (C)       The adequacy of the wastewater service charge shall be reviewed annually by the City Administrator for the city in their annual audit report.  The wastewater service charge shall be revised periodically to reflect a change in debt service or a change in operation and maintenance costs, including replacement costs.

            (D)      The volume of flow used for computing basic user charges and surcharges shall be based on the following schedule which is based on a normal single family residence having a unit factor of 1.0:

                        (1)       Barbershops:                                                   0.20 per chair;

                        (2)       Bars:                                                               0.044 per seat;

                        (3)       Beauty shops:                                                 0.20 per booth;

                        (4)       Churches:                                                        0.008 per seat;

                        (5)       Cleaners (pick up only):                                 0.048 per employee;

                        (6)       Clinics (min. assignment 1.00 unit

                                    per profession):                                              0.50 per doctor;

                        (7)       Convalescent homes:                                      0.22 per bed;

                        (8)       Drug stores (with fountain service):              0.10 per seat;

                        (9)       Factories (exclusive of industrial wastes):     0.313 per person per shift;

                        (10)     Grocery stores and supermarkets:                  0.48 per employee;

                        (11)     Laundry:                                                         1.0 per washer;

                        (12)     Multiple family residence:                             1.0 per dwelling unit;

                        (13)     Restaurants (dinner and/or drinks);                0.10 per seat;

                        (14)     Rooming houses (no meals):                          0.119 per person;

                        (15)     Schools;                                                          0.10 per student;

                        (16)     Service stations:                                             0.20 per pump;

                        (17)     Single family dwelling units having

                                    less than 400 sq. ft. of floor space

                                    (notwithstanding other provisions

                                    of this section):                                               0.56 per dwelling unit;

                        (18)     Snack bars, drive-ins, and the like:                0.08 per seat or shift;

                        (19)     Stores (other than specifically listed):                       0.15 per employee;

                        (20)     Tourist courts (individual bath units):                        0.27 per cubical;

                        (21)     Trailer parks (self-contained unit):                1.0 per trailer;

                        (22)     Trailers (individual):                                      1.0 per trailer;

                        (23)     Car wash (service stations, and the like):       0.54 per stall.

            (E)       A user that discharges other than sanitary or domestic wastewater shall meter all water that is discharged to the sanitary sewers. Any customer connected to the system that discharges or may be expected to discharge more than 18,000 gallons of wastewater per quarter may be required by the city to have installed at his or her expense an approved meter to register accurately all water flowing to the sanitary sewage system.

            (F)       A debt service charge per month, as shall be set from time to time by resolution of the City Council, to each user of the wastewater facility of the city is established.

            (G)      There shall be and there is established a basic use rate for the use of and for service supplied by the wastewater facilities of the city.  This basic user rate for use shall be as set from time to time by resolution of the City Council.  The charge per month for users without water meters and who are those users other than normal single family residences shall be as set from time to time by resolution of the City Council.  The charge per month for users with water meters and who are users other than normal single family residences shall be as set from time to time by resolution of the City Council.

            (H)      The rates of surcharge for BOD₅ and SS are as follows:

                                    CS + (Bc (b) + Sc (S)) Vu

            (I)        The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the city and shall be binding as a basis for surcharges.

            (J)        The wastewater service charge shall be computed by the following formula:

                                    CW = CD + CM + (Vu – X) CU + CS

                        Where:       

                                    CW      =          Amount of wastewater service charge ($) per billing period.

                                   CM      =          Minimum charge for operation, maintenance and replacement

                                    CD       =          Debt service charge

                                    Vu       =          Wastewater volume for the billing period.

                                    X         =          Allowable consumption in gallons for the minimum charge

                                    Cu       =          Basic user rate for operation, maintenance and replacement

                                    CS       =          Amount of surcharge

                                    Bc        =          $021/BOD₅

                                    Sc        =          $0.17 # suspended solids

                                    B         =          BOD₅  – 200 mg/l

                                    S          =          SS        =          250 mg/l

(Prior Code, § 37.09)

• 52.28 GENERAL COST RECOVERY.

            When an industrial user, as defined in 40 CFR 35.905-8, requests connection to the public sewer collection and disposal system and industrial cost recovery system, as industrial must be developed in accordance with 40 CFR 35.928.

(Prior Code, § 37.10)

• 52.29 BILLING.

            (A)      Bills. Charges for sanitary sewer service as specified in § 52.21 shall be billed monthly to the owner or occupant of the premises on the tenth day of each month for sanitary sewer service for the preceding month. Bills shall be paid at the Mountain Iron City Hall on or before the first day of the month following the billing date. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the city only upon the condition that the owner of the premises, occupant and user of the services are jointly and severally liable therefor to the city.

            (B)       Delinquent bills. When any charges for sanitary sewer service remain unpaid after the due date, a penalty of 10% shall be added to the delinquent amount for each month that the unpaid balance remains. 

            (C)       Lien; notice of delinquency.  Whenever a bill for sewer service remains unpaid for 45 days after it has been rendered, the City Administrator shall file with the County Recorder a statement of lien claim. This statement shall contain the legal description of the premises served the amount of the unpaid bill and a notice that the city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.  If the user whose bill is unpaid is not the owner of the premises and the City Administrator has notice of this, notice shall be mailed to the owner of premises if his or her address be known to the City Administrator, whenever such bill remains unpaid for the period of 45 days after it has been rendered. The failure of the City Administrator to record such lien or to mail such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section.

            (D)      Foreclosure of lien.  Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens, such foreclosure shall be by bill-in-equity in the name of the city.  The City Attorney is authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which the bill has remained unpaid 45 days after it has been rendered.

            (E)       Revenues. All revenues and moneys derived from the operation of the sewerage system shall be deposited in the sewerage account of the Sewerage Fund.  All such revenues and moneys shall be held by the City Administrator separate and apart from their private funds and separate and apart from all of the funds of the city.  The City Administrator shall receive all such revenues from the sewerage system and all other funds and moneys incident to the operation of such system as the same may be delivered to them and deposit the same in the amount of the fund designated as the “Sewage Fund of the City.” The Administrator shall administer such Fund in every respect in the manner provided by statute.

            (F)       Accounts.  The City Administrator shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the sewerage system and at regular annual intervals he or she shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewerage system.  In addition to the customary operating statements, the annual audit report shall also reflect the revenues and operating expenses of the wastewater facilities, including a replacement cost, to indicate that sewer service charges under the waste cost recovery system and capital amounts required to be recovered under the industrial cost recovery system do in fact meet these regulations.  In this regard, the financial information to be shown in the audit report shall include the following:

                        (1)       Flow data showing total gallons received at the wastewater plant for the current fiscal year;

                        (2)       Billing data showing total number of gallons billed;

                        (3)       Debt service for the next succeeding fiscal year;

                        (4)       Number of users connected to the system;

                        (5)       Number of non-metered users;

                        (6)       A list of users discharging non-domestic wastes (industrial users) and volume of waste discharged.

            (G)      Notice of rates.  A copy of this section properly certified by the City Administrator shall be filed in the office of Register of Deeds, St. Louis County and shall be deemed notice to all owners to real estate of the charges of the sewerage system of the city on their properties.

            (H)      Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than $100 nor more than $500 for each offense.

            (I)        Access to records. The U.S. Environmental Protection Agency or its authorized representative shall have access to any books, documents, papers and records of the city which are applicable to the city system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transactions thereof to insure compliance with the terms of the special and general conditions to the federal grant.

            (J)        Effective date and rates.  The rates and service charges established for user charges in this chapter shall be effective as of October 1, 1980 and on bills to be rendered for the next succeeding quarter.

            (K)      Powers and authority of enforcing agents.  The Approving Authority shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing in accordance with provisions of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Any person who shall continue any violation beyond the time limit shall be guilty of violation of the service contract and shall be summarily disconnected from the sanitary sewer and/or water service. Such disconnection and reconnection would be at the total expense of the customer.  Where acid and chemicals damaging to sewer lines or treatment processes are released to the sewer causing rapid deterioration of these structures or interfering with proper treatment of sewage, the Approving Authority is authorized to immediately terminate services by such measures as are necessary to protect the facilities.  Any person, firm or corporation violating any of the provisions shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $300. Each day of each violation shall be deemed a separate offense.  Any person violating any of the provisions of this section shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

(Prior Code, § 37.11)

• 52.99 PENALTY.

            (A)      Any person who shall violate any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99 of this code.

            (B)       (1)       Any person found to be violating any provision of §§ 52.20 et seq., except § 52.24, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall within the period of time stated in such notice permanently cease all violations.  The city may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter.

                        (2)       Any person who shall continue any violation beyond the time limit provided for in subsection (B)(1) of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount set forth in § 10.99. Each day in which any such violation shall continue shall be deemed a separate offense.

                        (3)       Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation.

(Prior Code, § 37.07)

Chapter Number 51, Water Service

CHAPTER 51:  WATER SERVICE

Section

Water and Light Department

            51.01   Department established

            51.02   Consent to regulations

            51.03   Repairs

            51.04   Application

            51.05   Expenses of connection

            51.06   Rates

            51.07   Powers

            51.08   Liability

Discharge of Surface Waters

            51.20   Sump pump required

            51.21   Discharge of surface waters prohibited

Hydrants

            51.30   Fire Hydrants

            51.32   Private Fire Hydrants

            51.34   Enforcement

WATER AND LIGHT DEPARTMENT

• 51.01 DEPARTMENT ESTABLISHED.

            There is established a City Water and Light Department.  The water, power and heating systems as they are now constituted or shall hereafter be enlarged or extended shall be operated and maintained under the provisions of this chapter subject to the authority of the City Council at any time to amend, alter, change or appeal the same.

(Prior Code, § 30.01)

• 51.02 CONSENT TO REGULATIONS.

            The City Council shall have control of all utilities that have been accepted by the city and all work done on the utility or to be done within the right-of-way of any street, highway, alley or other public lands to the end that a proper and sufficient system be maintained.

(Prior Code, § 30.02)

 51.03 REPAIRS.

            Every person applying for water, electrical or heat from the city systems and every owner of property for which application is made shall be deemed by such application to consent to all rules, regulations and rates contained in the resolutions or ordinances of the city and to all new rules, regulations or rates duly adopted.  All service, service devices and plumbing maintained by the consumer shall at all reasonable times be subject to inspection by duly authorized representatives of the city. The owner shall be notified of any repairs found to be necessary by such representative and if the owner fails, neglects or refuses to make the proper repairs, then the Council may order the Director of Public Works to correct the situation at the owner’s expense.

(Prior Code, § 30.03)

• 51.04 APPLICATION.

            No person shall make any type of connection to the city water system, power system or heating system except upon making application therefor on a form provided by the city and receiving a permit issued by the city for such purpose. The application shall include an exact description of the property to be served, the uses for which the connection is requested and the size of service lines requested or to be used. The application shall be accompanied by a fee determined by resolution of the City Council for each service applied for. All connections shall be made under the supervision of the Director of Public Works or the City Engineer.

(Prior Code, § 30.04)

• 51.05 EXPENSES OF CONNECTION.

            The City Council may from time to time by resolution establish which phases of the connection to the city services for water, power or heat the landowner or the city is responsible for. The City Council may further determine whether the city or the landowner shall provide meters to read the amount of water, electricity or steam consumed on the premises.

(Prior Code, § 30.05)

• 51.06 RATES.

            The City Council may from time to time, by resolution, determine the rates to be charged the consumers of water, power and steam heat.  These rates shall be set forth in a rate schedule, a copy of which shall be kept in the office of the City Administrator and which shall be open to examination by the public during reasonable business hours.

(Prior Code, § 30.06)

• 51.07 POWERS.

            The Director of Pubic Works shall have the right to enter upon the premises for any purpose to carry out the intents of this section, and if he or she should find that any water line or drain connected with any main public water lines, sewer or ditch lines should become obstructive or broken if not fit for the purposes of drainage, then he or she shall notify such property owner and if the owner fails or neglects or refuses to make the proper repairs, then the Council may order the Director of Public Works to correct such situation and the Council shall assess the expenses thereof against the property owners.

(Prior Code, § 30.07)

• 51.08 LIABILITY.

            The owner, agent, occupant or other person having charge of the premises shall be liable for all costs and expenses in connecting from the main line to the property line, and the city shall limit its liability for the repair or maintenance of any city owned public utility to that part of said utility located within the right-of-way or any highway, street, alley or other public land.

(Prior Code, § 30.08)

DISCHARGE OF SURFACE WATERS

• 51.20 SUMP PUMP REQUIRED.

            (A)      Sump pump systems required. Sump pump systems shall be recommended in present and required in new residential, commercial and industrial buildings, except in situations of an on grade construction.

            (B)       Storm water discharge prohibited. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, ground water, roof run-off, pond overflow, well water or water from residential, industrial, or commercial air conditioning systems to drain into the sanitary sewer system of the City.  No rainspout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or any substance other than sanitary sewage discharged into any sanitary sewer except as provided herein.  It is unlawful for any person or residence to discharge any water from roof, surface, perimeter drain tile, footing tiles, swimming pools, hot tubs or other natural precipitation into the sanitary sewer or adjoining properties.

            (C)       Sump pump discharge. Dwellings, buildings and structures may use a permanently installed sump pump and discharge line to the outside to prevent the inflow infiltration of clear water into the sanitary sewer, except as provide herein. A permanent installation shall provide for year round discharge capability to the outside of the building, connected to a storm sewer, or discharges through the curb to the street. When required, the discharge line from the sump pump shall be of rigid construction without valving or quick connection for altering the path of the discharge.

           (D)      Seasonal Waivers. The Director of Public Works shall have the power and duty of hearing and deciding requests for seasonal waivers from the applicability of the provisions of this Ordinance where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem. Application for waivers shall be addressed in writing to the Director of Public Works, City of Mountain Iron. The application should identify the property for which the waiver is being applied, the name of the property owner/applicant and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time, the Director of Public Works shall make a decision on the matter and serve a copy of such order to the applicant by mail.  Upon approval of an application for a waiver, the property owner shall be allowed to temporarily pump into the sanitary sewer system between the dates of November 1 through April 1 provided the applicant agrees to pay a $25.00 per month surcharge.  The holder of a waiver shall request an authorized City Employee to certify that prior to April 15th of each subsequent year their discharge water connection has been removed from the sanitary sewer. Failure to provide such certification will place the waiver holder in violation of this ordinance.

(E)       Variance.  Any application for a variance will be addressed in writing to the Director of Public Works.  The application shall identify the property for which the variance is being applied, the name of the property owner/applicant and describe in detail what characteristics of the subject property create a problem.  The Director of Public Works will discuss and suggest a solution to the problem with the owner/applicant.  If the owner/applicant is not satisfied, the application along with the Directors of Public Works advice will forwarded for review to the Utility Advisory Board.  The Utility Advisory Board will recommend if a variance for non-compliance should be granted and the amount of sewer surcharge that will apply.  Then, the application for the variance, along with the Utility Advisory Board’s recommendation will be forwarded to the City Council for a final decision.

            (F)       Draintile system. A draintile, sump basket, pump, electrical receptacle and pipe connection to the outside shall be recommended for any existing present residential buildings and required for new residential buildings within the City.  The Building Official may determine the need for such installation when slab on grade construction occurs.  The system shall be installed as follows:

                        (1)       The building shall have a draintile placed around the perimeter of the foundation connected to a sump pit.  The sump pit shall be located at least ten (10) feet away from any inside floor drain on all new construction.

                        (2)       When required a discharge pipe shall be installed to the outside wall of the building with recommended rigid pipe (plastic, copper, galvanized or black pipe).

                        (3)       When required the sump pump electrical supply shall be installed according to the National Electrical Code.

                        (4)       When the construction consists of hollow masonry units, weep hoses shall be inserted into every core of each block of the first course and placed into the gravel filled trench in such a manner to protect the hoses from blockage when the concrete floor is poured.

            (G)      Alternate system. The provision of this section is not intended to prevent the use of any material or method of construction not specifically prescribed by this Section, provided any alternate has been approved and its use authorized by the Building Official.  The building official may approve any such alternate, provided that the proposed design is satisfactory and complies with the provisions of this Section and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Section.  The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use.  The details of any action granting approval of an alternate method shall be recorded and entered in the files of the Department of the Building Official.

            (H)      Existing installations. When a drain tile system is to be installed in an existing structure that had no system of surface water drainage when first constructed, the system shall be installed the same as for new construction.

(Ord. 01-03, passed 4-7-2003)

• 51.21 DISCHARGE OF SURFACE WATERS PROHIBITED.

            (A)      No person shall discharge or cause to be discharged any storm water, groundwater, roof run-off, yard drainage, yard fountain, pond overflow or any substance other than sanitary sewage into the sanitary collection system.

            (B)       Any person, firm or corporation having a roof, sump pump, swimming pool discharge, cistern overflow pipe or any surface drain now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same prior to December 31, 2004.  Any disconnects or openings in the sanitary sewer shall be sealed or repaired in an effective, workman-like manner.

            (C)       All required sump pumps shall have a discharge system installed to the outside wall of the building.  The pipe attachment may be a permanent fitting such as PVC pipe with glued fittings.  The discharge shall extend at least three (3) feet outside of the foundation wall.

            (D)      Every person owning improved real estate that discharges into the City’s sanitary sewer system shall allow the City of Mountain Iron employee(s) to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system.  Any person refusing to allow their property to be inspected shall immediately become subject to the surcharge hereinafter provided for.  Any property found to violate this Section shall make the necessary changes to comply with this Section and such changes shall be verified by City of Mountain Iron employee(s).

            (E)       A surcharge of $25.00 dollars per month is hereby imposed and shall be added to every sewer billing mailed on and after December 31, 2004, to property owners who are not in compliance with this Section.  The surcharge shall be added every month, until the property is in compliance.  The imposition of such surcharge shall in no way limit the right of the City of Mountain Iron to seek an injunction in District Court ordering the property owner to discontinue the non-conforming connection to the sanitary sewer system or from pursuing any other legal remedies available.

            (F)       Upon verified compliance with this Section, the City reserves the right to inspect such property at least yearly to verify compliance herewith.

 (Ord. 01-03, passed 4-7-2003)

HYDRANTS

Ordinance Number 01-18, Adopted Feb 5, 2018

51.30  FIRE HYDRANTS.

All publicly owned hydrants shall remain visible and accessible from the roadway for maintenance and emergency use. All sides, including top, shall have a minimum three foot clear zone. No person other than authorized City employees shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit to do so from the Public Works Director as follows:

(A)      Permit: Permit to use a fire hydrant shall be issued for each individual job or contract and for a minimum of 30 days and for such additional 30 day periods as the Public Works Director shall determine. The permit shall state the location of the hydrant and shall be for the use of that hydrant and none other.

(B)       Deposit: The user shall make an advance cash deposit set by City Council resolution to guarantee payment for water used and to cover breakage and damage to hydrant, which shall be refunded upon expiration of the permit, less applicable charges for use.

(C)       Rental Charge: The user shall pay a rental charge set by City Council resolution.

(D)      Hydrant Rentals: There shall be a rental fee for fire hydrants, set by City Council resolution, payable by each owner (including the City) upon whose property such hydrant is situated.

(E)       Temporary Connection to Fire Hydrants: An owner of a private water system may make a temporary aboveground connection to a fire hydrant, subject to the time periods, conditions and payment as specified in subsection C of this Section. In addition, the method of connection to the private system shall conform to all existing requirements of the City Code and the type of meter used shall meet the approval of the Public Works Director.

51.32  PRIVATELY OWNED HYDRANTS.

(A)      Section 508 of the Minnesota State Fire Code requires inspection, testing and maintenance of fire protection water supplies which include water lines and fire hydrant systems. Fire hydrant systems shall be subject to periodic tests, maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. Section 101 of the Minnesota State Fire Code authorizes the city to adopt rules to implement the fire code. The City considers the private hydrants part of the municipal waterworks system. It is in the public interest that private hydrants be inspected and tested by qualified personnel and repaired and maintained in good working order to protect life and property.

(B)       Fire Protection Inspections shall be conducted annually on all private hydrants directly or indirectly connected to the municipal water system. This inspection shall include testing of the operation and flow of the hydrants. The owner of the hydrant may use a City approved plumber that is licensed in the state of Minnesota to perform the inspection or elect to have the City perform the inspection for a fee.

(C)       If the property owner elects to have the City complete the inspection a hydrant inspection fee shall be charged for each hydrant inspected by the City or City’s agent and the fee shall be billed once annually to the owner of the private hydrant as part of the water bill. The city council must establish the rates to be charged for a hydrant inspection to the customer annually within the fee schedule.

(D)      In the event the inspection indicates that repairs are required, the city shall notify the owner of the hydrant or water line, with a copy to the fire department, setting forth the repairs required. If repairs are not made within the time period set forth by the Public Works Department in the notification, the necessary repairs shall be made by the city and the cost billed to the owner.

(E)       The property owner may sign a waiver and petition the city for the repairs. The city will contract for the repairs and assess the property in accordance with the city’s assessment policy.

(F)       If the property owner elects to hire their own City approved inspection company that is licensed in the state of Minnesota, they will be required to submit a completed City provided annual inspection form to the Public Works Department.

(G)      Action to Collect Charges: Any amount due for the above charges in excess of 90 days past due shall be certified to the County Auditor for collection with real estate taxes. This certification shall take place regardless of who requested the inspection services, whether it was the owner, tenant or other person. All applications for inspection services shall contain an explanation in clear language that unpaid bills will be collected in real estate taxes in the following year. The City shall also have the right to bring a civil action or other remedies to collect unpaid charges.

51.34  ENFORCEMENT AND PENALTY. 

Penalties shall be accordance with Section 10.99 of the Mountain Iron City Code.

Chapter Number 50, Garbage Disposal

CHAPTER 50:  GARBAGE DISPOSAL

Section

                      50.01     Definitions

                      50.02     Deposit of refuse restricted

                      50.03     Storage of garbage, other refuse and recyclables

                      50.04     Collection of garbage, other refuse and recyclables

                      50.05     Disposal of garbage and other refuse

                      50.06     Garbage charges

                      50.99     Penalty

• 50.01 DEFINITIONS.

            For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            GARBAGE.  All putrescible wastes, including animal offal and carcasses of dead animals, but excluding human excreta, sewage and other water carried wastes.

            OTHER REFUSE.  Ashes, crockery, paper boxes, rags, old clothing and all similar non-putrescible wastes; but does not include earth, sand, brick, stone, plaster or other similar substances that may accumulate as a result of construction operations.

            RECYCLABLES.  Newspapers, glass, aluminum and steel/bi-metal beverage cans, #1 and #2 plastic and corrugated cardboard.

(Ord. 01-00, passed 5-1-2000)

• 50.02 DEPOSIT OF REFUSE RESTRICTED.

            (A)      No person shall deposit or cause to be deposited, any garbage, other refuse or recyclables upon any street, alley, vacant lot or upon any ground appurtenant to any building or other city property, except in the manner provided by this chapter.  No persons, excepting duly authorized city collectors, shall transport garbage, other refuse or recyclables over any street or alley in the city or disturb, collect, or in any manner interfere with garbage, other refuse or recyclables placed in city authorized containers.

            (B)       Unauthorized deposit of solid waste.  No person shall:

                        (1)       Deposit solid waste, recyclable materials, demolition debris or yard waste upon any public or private highway, street, road or right-of-way; deposit solid waste, recyclable materials, demolition debris or yard waste upon or within any river, creek, stream, lake, waterway or other body of water of any kind or character; or deposit solid waste, recyclable materials, demolition debris or yard waste on the property of another; or

                        (2)       Cause, maintain or permit the accumulation of solid waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of rats, insects or other vermin; or

                        (3)       Deposit solid waste, recyclable materials, demolition debris or yard waste within the city in any manner that violates the provision of this chapter.

(Ord. 01-00, passed 5-1-2000)

• 50.03 STORAGE OF GARBAGE, OTHER REFUSE AND RECYCLABLES.

            Except as otherwise provided in this section, all garbage, other refuse and recyclables shall be placed and kept in those containers authorized or provided by the city, which shall be the only kind and type permitted for keeping, storage and holding of garbage, other refuse and recyclables.  All garbage, other refuse and recyclables shall be drained of liquid so far as practical.   The city supplied containers shall be placed in those portions of the streets or alleyways, as the city may deem necessary and proper or upon private property pursuant to the agreement with the property owner.  Recyclables shall be stacked in an accessible location on the premises for pickup according to a schedule established by the City Council or disposed of at a location designated by the city.  The city’s policy for the provision, maintenance and replacement of authorized garbage containers shall be as follows:

            (A)      The city shall provide the only authorized garbage containers to be used by its residents.

            (B)       The city shall provide the first container, at city expense, to all of its residents at such time as the owner/occupant of the property takes up residence.

            (C)       The city shall make minor repairs in regards to the lids, handles and wheels of the containers at city expense as may be necessary.

            (D)      The city shall replace containers damaged beyond repair while in the possession of the property owner/occupant, at the property owner’s/occupant’s expense.

           (E)       The cost of the replacement can will be added to the resident’s monthly fees and be subject to normal penalties and interest charges for non-payment.

(Ord. 01-00, passed 5-1-2000)

• 50.04 COLLECTION OF GARBAGE, OTHER REFUSE AND RECYCLABLES.

            (A)      The city shall provide for a method of collection of all garbage, other refuse and recyclables from the premises within the city.  Collections for garbage and other refuse shall be made at least one time each week from restaurants, hotels, and other commercial establishments, except those which in the judgment of the County Health Department would not create a health menace or other nuisance if less frequent collections were provided.  Collections for garbage and other refuse shall be made from all occupied residential premises at least once each week.  The city shall initially furnish authorized containers and shall replace said containers as may be necessary.  However, the City Council may, by resolution, provide rules and regulations wherein the cost to replace such containers shall be paid by the owner/occupant of the residence, business or other establishment requiring the replacement. Such cost, if imposed upon the owner/occupant, shall be added to the monthly charges.

            (B)       All garbage, other refuse and recyclables shall be transported on the streets or alleys in the city in vehicles with leak-proof boxes of easily cleanable construction and completely covered with metal or heavy canvas.  The vehicle shall be so operated that the contents shall not spill or drip upon streets, alleys or otherwise create a nuisance. 

            (C)       No garbage or other refuse shall be disposed of other than at the state approved landfill facility or through an incinerator installed or maintained by a permit from the County Health Department or through a garbage disposal or grinder.

            (D)      The City Refuse and Recycling Department shall not collect garbage, other refuse or recyclables from any premises within the city limits if such premises has been designated by the City Council as being impractical from which to make collections.

            (E)       Independent contractors who provide garbage service to businesses within the city are hereby required to be licensed by the city and/or St. Louis County.  The license fee shall be set by resolution of the City Council.  The license granted an independent contractor shall be withheld or revoked by the City Council for a transfer of ownership, substantial change in management, or a diminishing quality of service to Mountain Iron businesses. 

(Ord. 01-00, passed 5-1-2000)

• 50.05 DISPOSAL OF GARBAGE AND OTHER REFUSE.

            The City Refuse and Recycling Department shall provide for the disposal of garbage and other refuse collected in a sanitary manner, so as not to cause a public health nuisance, the attracting of rats and flies, or other conditions detrimental to public health or comfort. Garbage must be bagged before putting it in garbage canisters to prevent garbage from blowing around when the canister is dumped.

(Ord. 01-00, passed 5-1-2000)

• 50.06 GARBAGE CHARGES.

            (A)      There is hereby imposed upon each residence, business or other establishments in the city, a monthly garbage charge in accordance with the schedule, established from time to time by resolution of the City Council, and kept in a book of rate schedules in the office of the City Administrator.

            (B)       Charges shall be billed monthly to the owner of the premises on the fourteenth of each month, for the preceding month and shall be paid to the City of Mountain Iron on or before the fifth day of the month following the billing date.  When any charges remain unpaid after the due date, a penalty of 10% of the current bill shall be added to the delinquent amount due, for each month the unpaid balance remains.  The city by resolution from time to time shall establish a fee to be imposed by the city for return of a customer’s refuse canister when such canister has been removed by the city because of prior delinquent sanitation bills. The customer shall be informed of the additional fee at the time when the notice is given that the canister will be removed unless the delinquent bill is paid.  If a customer’s container is picked up for delinquent sanitation bills, the customer will continue to be charged the monthly city garbage fee and the monthly county service fee.

            (C)       Charges in default of payment as of September 1 of each year may be certified by the City Council to the County Auditor and shall be collected and remitted to the city in the same manner as assessments for local improvements.  Such assessment will include the penalties provided herein.  M.S. Chapter 443, as it may be amended from time to time, titled “Rubbish Removal” as amended is hereby adopted and made a part of this chapter by reference as fully as it sets out at length herein and all amendments are hereby adopted.

            (D)      In addition to securing the approval of the County Health Department as herein provided, no person shall hereafter install an incinerator without first securing permission of the City Council, which permission may be withheld if in the opinion of the City Council, such incinerator would create an unhealthy, noxious or undesirable condition.  At the time of the granting of such permission, the City Council shall by resolution establish a charge for each incinerator and shall after the passage of this chapter keep such rates in a book of rate schedules in the office of the City Administrator.

            (E)       It is the intent of this ordinance that all garbage and refuse hauling within the city be done by the city for all residents of Mountain Iron and for all commercial and industrial properties except where special circumstances warrant otherwise in the best interest of the city.  The City Council may, by resolution, permit owners or occupants of commercial or industrial property to haul and dispose of their own garbage and other refuse, for which a license fee, set by resolution of the City Council, will be charged; this charge being payable in advance and upon payment, a license will be issued to the applicant.  However, if a business so authorized to dispose of its own garbage and other refuse shall fail to remove its garbage and other refuse so as to maintain its premises in compliance with the requirements of the County Health Department, its license and authorization to so remove garbage and other refuse shall cease, and the city may then haul and dispose of such garbage and other refuse and make appropriate charges.

            (F)       Prohibited disposal.   No person shall place or cause to be placed any rubbish, garbage, other refuse, construction materials, or anything they intend to dispose of or abandon within or next to a garbage can or dumpster or anywhere else unless they own or lease the receptacle, or have the permission of the property owner or tenant.  This does not prohibit the placement of recyclables within the approved recycling center.

(Ord. 01-00, passed 5-1-2000)

• 50.99 PENALTY.

            Any person who fails to comply with, or violates, any of the provisions of this chapter may be charged with a violation thereof and, upon conviction, may be sentenced to payment of a fine not to exceed $700 and/or imprisonment for not more than 90 days.  A separate offense shall occur for each day on which a violation occurs or continues.

(Ord. 01-00, passed 5-1-2000)

Chapter Number 96, Nuisances

CHAPTER 96:  NUISANCES

Section

            General Provisions

                      96.01     Assessable current services

            Nuisances

                      96.15     Public nuisance

                      96.16     Public nuisances affecting health

                      96.17     Public nuisances affecting morals and decency

                      96.18     Public nuisances affecting peace and safety

                      96.19     Nuisance parking and storage

                      96.20     Inoperable motor vehicles

                      96.21     Building maintenance and appearance

                      96.22     Duties of city officers

                      96.23     Abatement

                      96.24     Recovery of cost

            Weeds

                      96.35     Short title

                      96.36     Jurisdiction

                      96.37     Definitions; exclusions

                      96.38     Owners responsible for trimming, removal and the like

                      96.39     Filing complaint

                      96.40     Notice of violations

                      96.41     Appeals

                      96.42     Abatement by city

                      96.43     Liability

            Open Burning

                      96.60     Definitions

                      96.61     Prohibited materials

                      96.62     Permit required for open burning

                      96.63     Purposes allowed for open burning

                      96.64     Permit application for open burning; permit fees

                      96.65     Permit process for open burning

                      96.66     Permit holder responsibility

                      96.67     Revocation of open burning permit

                      96.68     Denial of open burning permit

                      96.69     Burning ban or air quality alert

                      96.70     Rules and laws adopted by reference

                      96.99     Penalty

GENERAL PROVISIONS

• 96.01 ASSESSABLE CURRENT SERVICES.

            (A)      Definition.  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

                        CURRENT SERVICE.  Shall mean one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in M.S. §§ 463.15 through 463.26 as they may amended from time to time; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect-infected trees from the public streets or private property; and the operation of a street lighting system.

            (B)       Snow, ice, dirt and rubbish.

                        (1)       Duty of owners and occupants.  The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep the walk safe for pedestrians.  No owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than 24 hours after its deposit thereon.  Failure to comply with this section shall constitute a violation.

                        (2)       Removal by city.  The City Administrator or other person designated by the City Council may cause removal from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 24 hours after any matter has been deposited thereon or after the snow has ceased to fall.  The City Administrator or other designated person shall keep a record showing the cost of removal adjacent to each separate lot and parcel.

            (C)       Public health and safety hazards.  When the city removes or eliminates public health or safety hazards from private property under the following provisions of this chapter, the administrative officer responsible for doing the work shall keep a record of the cost of the removal or elimination against each parcel of property affected and annually deliver that information to the City Administrator.

            (D)      Installation and repair of water service lines.  Whenever the city installs or repairs water service lines serving private property under Chapter 51 of this code, the City Administrator shall keep a record of the total cost of the installation or repair against the property.

            (E)       Repair of sidewalks and alleys.

                        (1)       Duty of owner.  The owner of any property within the city abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians.  Repairs shall be made in accordance with the standard specifications approved by the City Council and on file in the office of the City Administrator.

                        (2)       Inspections; notice.  The City Council or its designee shall make inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles.  If it is found that any sidewalk or alley abutting on private property is unsafe and in need of repairs, the City Council shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property, ordering the owner to have the sidewalk or alley repaired and made safe within 30 days and stating that if the owner fails to do so, the city will do so and that the expense thereof must be paid by the owner, and if unpaid it will be made a special assessment against the property concerned.

                        (3)       Repair by city.  If the sidewalk or alley is not repaired within 30 days after receipt of the notice, the City Administrator shall report the facts to the City Council and the City Council shall by resolution order the work done by contract in accordance with law.  The City Administrator shall keep a record of the total cost of the repair attributable to each lot or parcel of property.

            (F)       Personal liability.  The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service.  As soon as the service has been completed and the cost determined, the City Administrator, or other designated official, shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City Administrator.

            (G)      Damage to public property.  Any person driving any vehicle, equipment, object or contrivance upon any street, road, highway or structure shall be liable for all damages which the surface or structure thereof may sustain as a result of any illegal operation, or driving or moving of the vehicle, equipment or object or contrivance; or as a result of operating, driving or moving any vehicle, equipment, object or contrivance weighing in excess of the maximum weight permitted by statute or this code.  When the driver is not the owner of the vehicle, equipment, object or contrivance, but is operating, driving or moving it with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any such damage.  Any person who willfully acts or fails to exercise due care and by that act damages any public property shall be liable for the amount thereof, which amount shall be collectable by action or as a lien under M.S. § 514.67, as it may be amended from time to time.

            (H)      Assessment.  On or before September 1 of each year, the City Administrator shall list the total unpaid charges for each type of current service and charges under this section against each separate lot or parcel to which they are attributable under this section.  The City Council may then spread the charges against property benefitted as a special assessment under the authority of M.S. § 429.101 as it may be amended from time to time 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 ten, as the City Council may determine in each case.

Penalty, see § 96.99

NUISANCES

• 96.15 PUBLIC NUISANCE.

            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:

            (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; or

            (C)       Is guilty of any other act or omission declared by law or §§ 96.16, 96.17 or 96.18, or any other part of this code to be a public nuisance and for which no sentence is specifically provided.

Penalty, see § 96.99

• 96.16 PUBLIC NUISANCES AFFECTING HEALTH.

            The following are hereby declared to be nuisances affecting health:

            (A)      Exposed accumulation of decayed or unwholesome food or vegetable matter;

            (B)       All diseased animals running at large;

            (C)       All ponds or pools of stagnant water;

            (D)      Carcasses of animals not buried or destroyed within 24 hours after death;

            (E)       Accumulations of manure, refuse or other debris;

            (F)       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;

            (G)      The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;

            (H)      All noxious weeds and other rank growths of vegetation upon public or private property;

            (I)        Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;

            (J)        All public exposure of people having a contagious disease; and

            (K)      Any offensive trade or business as defined by statute not operating under local license.

Penalty, see § 96.99

• 96.17 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.

            The following are hereby declared to be nuisances affecting public morals and decency:

            (A)      All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law;

            (B)       Betting, bookmaking and all apparatus used in those occupations;

            (C)       All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;

            (D)      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;

            (E)       Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.

Penalty, see § 96.99

• 96.18 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.

            The following are declared to be nuisances affecting public peace and safety:

            (A)      All snow and ice not removed from public sidewalks 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 which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;

            (D)      All obnoxious noises in violation of Minn. Rules Chapter 7030, as they may be amended from time to time which are hereby incorporated by reference into this code.

            (E)       The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, 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.

            (F)       The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, 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.  Operation of any device referred to above 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 violation of this section.

            (G)      No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.

            (H)      Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law;

            (I)        Radio aerials or television antennae erected or maintained in a dangerous manner;

            (J)        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;

            (K)      All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;

            (L)       The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;

            (M)      Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;

            (N)      All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;

            (O)      Waste water cast upon or permitted to flow upon streets or other public properties;

            (P)       Accumulations 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 among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation;

            (Q)      Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located;

            (R)       Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials;

            (S)       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 the substance;

            (T)       The depositing of garbage or refuse on a public right-of-way or on adjacent private property;

            (U)      All other conditions or things which are likely to cause injury to the person or property of anyone.

            (V)      (1)       Noises prohibited. 

                                    (a)       General prohibition.  No person shall make or cause to be made 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. This general prohibition is not limited by the specific restrictions of this section.

                                    (b)       Defective vehicles or loads.  No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.

                                    (c)       Loading, unloading, unpacking.  No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle.

                                    (d)       Radios, phonographs, paging systems, and the like.  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 distinct and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 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, shall be prima facie evidence of a violation of this section.

                                    (e)       Schools, churches, hospitals, and the like.  No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution.

                        (2)       Hourly restriction of certain operations.

                                    (a)       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 maintenance 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.

                                    (b)       Refuse hauling.  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.

                                    (c)       Construction activities.  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.

                        (3)       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 or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council.  It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested.

            (W)     Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel.

Penalty, see § 96.99

• 96.19 NUISANCE PARKING AND STORAGE.

            (A)      Declaration of nuisance.  The outside parking and storage on residentially-zoned property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (e) decreases adjoining landowners’ and occupants’ enjoyment of their property and neighborhood, and (f) otherwise adversely affects property values and neighborhood patterns.

            (B)       Unlawful parking and storage.

                        (1)       A person must not place, store, or allow the placement or storage of ice fish houses, skateboard ramps, playhouses or other similar non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residential property unless more than 100 feet back from the front property line.

                        (2)       A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by an opaque cover or fence.

                        (3)       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:

                                    (a)       No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property.  This maximum number does not include vehicles of occasional guests who do not reside on the property.

                                    (b)       Vehicles that are parked or stored outside in the front-yard area must be on a paved or graveled parking or driveway area.

                                    (c)       Vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property.

(4) These provisions are in addition to any provisions provided for in Section 154 of the Mountain Iron City Code.

Penalty, see § 96.99

• 96.20 INOPERABLE MOTOR VEHICLES.

            (A)      It shall be unlawful to keep, park, store or abandon any motor vehicle which is not in operating condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation with the state, pursuant to M.S. § 168B.011, Subd. 3, as it may be amended from time to time.

            (B)       This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road or alley, and which does not foster complaint from a resident of the city. A privacy fence is permissible.

            (C)       Any motor vehicles described in this section constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish a shelter and breeding place for vermin and present physical danger to the safety and well-being of children and citizens; and vehicles containing fluids which, if released into the environment, can and do cause significant health risks to the community.

(D) These provisions are in addition to any provisions provided for in Section 154 of the Mountain Iron City Code.

Penalty, see § 96.99

• 96.21 BUILDING MAINTENANCE AND APPEARANCE.

            (A)      Declaration of nuisance.  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 (a) are unsightly, (b) decrease adjoining landowners and occupants’ enjoyment of their property and neighborhood, and (c) adversely affect property values and neighborhood patterns.

            (B)       Standards.  A building, fence or other structure is a public nuisance if it does not comply with the following requirements:

                        (1)       No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers.

                        (2)       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:

                                    (a)       Any one wall or other flat surface; or

                                    (b)       All door and window moldings, eaves, gutters, and similar projections on any one side or surface.

                        (3)       No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings.

                        (4)       Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place.

                        (5)       Cornices, moldings, 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.

                        (6)       Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly.

                        (7)       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.

                        (8)       Foundations must be structurally sound and in good repair.

Penalty, see § 96.99

• 96.22 DUTIES OF CITY OFFICERS.

            The Police Department or Sheriff, if the city has at the time no Police Department, shall enforce the provisions relating to nuisances.  Any peace officer shall have the power to inspect private premises and 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 police officer shall 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 has obtained a warrant or order from a court of competent jurisdiction authorizing the entry.

• 96.23 ABATEMENT.

            (A)      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 section.

                        (1)       Notice of violation.  Written notice of violation shall be served by a peace officer on the owner of record or occupant of the premises either in person or by certified or registered mail.  If the premises is 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 City Council hearing.  Written notice of any City Council hearing to determine or abate a 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 is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City 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 M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time.

                        (4)       Notice of motion for summary enforcement.  Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time.

            (B)       Procedure.  Whenever a peace officer determines that a public nuisance is being maintained or exists on the premises in the city, the officer shall notify in writing the owner of record or occupant of the premises 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 officer shall report that fact forthwith to the City Council.  Thereafter, the City 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 City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement.

            (C)       Emergency procedure; summary enforcement.  In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section 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 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 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 and the time and place of the City Council meeting to consider the question of 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 division (A) 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)      Immediate abatement.  Nothing in this section 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.

Penalty, see § 96.99

• 96.24 RECOVERY OF COST.

            (A)      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 Administrator or other official 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 Administrator.

            (B)       Assessment.  After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, 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-infected trees, the City Administrator shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other the charges as well as other charges for current services to be assessed under M.S. § 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 other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.

Penalty, see § 96.99

WEEDS

• 96.35 SHORT TITLE.

             This subchapter shall be cited as the “Weed Ordinance.”

• 96.36 JURISDICTION.

             This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed.

• 96.37 DEFINITIONS; EXCLUSIONS.

             (A)      For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

                        DESTRUCTION ORDER.  The notice served by the City Council or designated city official, in cases of appeal, on the property owner of the ordinance violation.

                        PROPERTY OWNER.  The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease.

                        WEEDS, GRASSES and RANK VEGETATION.  Includes but is not limited to the following:

                                    (1)       Noxious weeds and rank vegetation shall include but not be limited to:  alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip;

                                    (2)       Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years;

                                    (3)       Bushes of the species of tall, common, or European barberry, further known as berberis vulgaris or its horticultural varieties;

                                    (4)       Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 12 inches.

                                    (5)       Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants.

                                    (6)       The term WEEDS does not include shrubs, trees, cultivated plants or crops.

            (B)       In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants.

• 96.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE.

             All property owners shall be responsible for the removal, cutting, or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property, which at the time of notice, is in excess of 12 inches in height.

Penalty, see § 96.99

• 96.39 FILING COMPLAINT.

             Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated and filed with the City Administrator.  If the city makes the complaint, an employee, officer or Council Member of the city shall file the complaint in all respects as set out above.

• 96.40 NOTICE OF VIOLATIONS.

             (A)      Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition.  The City Council, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a “Destruction Order” to the property owner or the person occupying the property as that information is contained within the records of the City Administrator or any other city agency.  The notice shall be served in writing by certified mail.  The notice shall provide that within seven regular business days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property.

            (B)       (1)       All notices are to be in writing and all filings are to be with the City Administrator.

                        (2)       Certified mailing to the City Administrator or others is deemed filed on the date of posting to the United States Postal Service.

• 96.41 APPEALS.

            (A)      The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council.  It is the property owner’s responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter.

            (B)       An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council.

• 96.42 ABATEMENT BY CITY.

             In the event that the property owner shall fail to comply with the “Destruction Order” within seven regular business days and has not filed a notice within 48 hours to the City Administrator of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means.

• 96.43 LIABILITY.

             (A)      The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter.

            (B)       The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney’s fees and interest on any unpaid amounts incurred by the city.  If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used.

            (C)       All sums payable by the property owner are to be paid to the City Administrator and to be deposited in a general fund as compensation for expenses and costs incurred by the city.

            (D)      All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time.

OPEN BURNING

• 96.60 DEFINITIONS.

            For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            FIRE CHIEF, FIRE MARSHAL, and ASSISTANT FIRE MARSHALS.  The Fire Chief, Fire Marshal, and Assistant Fire Marshals of the Fire Department which provides fire protection services to the city.

            OPEN BURNING.  The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a “recreational fire” as defined herein.  Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as “open burning.” 

            RECREATIONAL FIRE.  A fire set with approved starter fuel no more than three feet in height, contained within the border of a “recreational fire site” using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created.  No more than one recreational fire is allowed on any property at one time.

            RECREATIONAL FIRE SITE.  An area of no more than a three foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by non-combustible and non-smoke or odor producing material, either of natural rock, cement, brick, tile or blocks or ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed.  Included are permanent outdoor wood burning fireplaces.  Burning barrels are not a “recreation fire site” as defined herein.  Recreational fire sites shall not be located closer than 25 feet to any structure.

            STARTER FUELS.  Dry, untreated, unpainted, kindling, branches, cardboard or charcoal fire starter.  Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only.  Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open burn.

            WOOD.  Dry, clean fuel only such as twigs, branches, limbs, “presto logs,” charcoal, cord wood or untreated dimensional lumber. The term does not include wood that is green with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives.  Clean pallets may be used for recreational fires when cut into three foot lengths.

• 96.61 PROHIBITED MATERIALS.

            (A)      No person shall conduct, cause or permit open burning oils, petro fuels, rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board, sheet rock, wiring, paint or paint fillers.

            (B)       No person shall conduct, cause or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures.

            (C)       No person shall conduct, cause or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food.

            (D)      No person shall conduct, cause or permit open burning of any leaves or grass clippings.

Penalty, see § 96.99

• 96.62 PERMIT REQUIRED FOR OPEN BURNING.

           No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a recreational fire as defined in § 96.60.

Penalty, see § 96.99

• 96.63 PURPOSES ALLOWED FOR OPEN BURNING.

            (A)      Open burn permits may be issued only for the following purposes:

                        (1)       Elimination of fire of health hazard that cannot be abated by other practical means.

                        (2)       Ground thawing for utility repair and construction.

                        (3)       Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the development and maintenance of land and rights-of-way where chipping, composting, landspreading or other alternative methods are not practical.

                        (4)       Disposal of diseased trees generated on site, diseased or infected nursery stock, diseased bee hives.

                        (5)       Disposal of unpainted, untreated, non-glued lumber and wood shakes generated from construction, where recycling, reuse, removal or other alternative disposal methods are not practical.

            (B)       Fire Training permits can only issued by the Minnesota Department of Natural Resources.

Penalty, see § 96.99

• 96.64 PERMIT APPLICATION FOR OPEN BURNING; PERMIT FEES.

            (A)      Open burning permits shall be obtained by making application on a form prescribed the Department of Natural Resources (DNR) and adopted by the Fire Department.  The permit application shall be presented to the Fire Chief, Fire Marshal, and Assistant Fire Marshals for reviewing and processing those applications.

            (B)       An open burning permit shall require the payment of a fee.  Permit fees shall be in the amount established by resolution of the City Council, as it may be amended from time to time.

Penalty, see § 96.99

• 96.65 PERMIT PROCESS FOR OPEN BURNING.

           Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire Marshal, or Assistant Fire Marshals shall schedule a preliminary site inspection to locate the proposed burn site, note special conditions, and set dates and time of permitted burn and review fire safety considerations.

• 96.66 PERMIT HOLDER RESPONSIBILITY.

            (A)      Prior to starting an open burn, the permit holder shall be responsible for confirming that no burning ban or air quality alert is in effect.  Every open burn event shall be constantly attended by the permit holder or his or her competent representative.  The open burning site shall have available, appropriate communication and fire suppression equipment as set out in the fire safety plan.

            (B)       The open burn fire shall be completely extinguished before the permit holder or his or her representative leaves the site.  No fire may be allowed to smolder with no person present.  It is the responsibility of the permit holder to have a valid permit, as required by this subchapter, available for inspection on the site by the Police Department, Fire Department, MPCA representative or DNR forest officer.

            (C)       The permit holder is responsible for compliance and implementation of all general conditions, special conditions, and the burn event safety plan as established in the permit issued.  The permit holder shall be responsible for all costs incurred as a result of the burn, including but not limited to fire suppression and administrative fees.

Penalty, see § 96.99

• 96.67 REVOCATION OF OPEN BURNING PERMIT.

            The open burning permit is subject to revocation at the discretion of DNR forest officer, the Fire Chief, Fire Marshal, or Assistant Fire Marshals.  Reasons for revocation include but are not limited to a fire hazard existing or developing during the course of the burn, any of the conditions of the permit being violated during the course of the burn, pollution or nuisance conditions developing during the course of the burn, or a fire smoldering with no flame present.

Penalty, see § 96.99

• 96.68 DENIAL OF OPEN BURNING PERMIT.

            If established criteria for the issuance of an open burning permit are not met during review of the application, it is determined that a practical alternative method for disposal of the material exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the satisfaction of the Fire Chief, Fire Marshal, or Assistant Fire Marshals, these officers may deny the application for the open burn permit.

• 96.69 BURNING BAN OR AIR QUALITY ALERT.

            No recreational fire or open burn will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an Air Quality Alert.

Penalty, see § 96.99

• 96.70 RULES AND LAWS ADOPTED BY REFERENCE.

            The provisions of M.S. §§ 88.16 to 88.22, as these statutes may be amended from time to time, are hereby adopted by reference and made a part of this subchapter as if fully set forth at this point.

• 96.99 PENALTY.

            Violation of any provision of this chapter, including maintaining a nuisance after being notified in writing by first class mail of a violation of any provision of this chapter, shall be a misdemeanor and punished as provided in § 10.99

Chapter Number 95, Trees

CHAPTER 95:  TREES

Section

             95.01     Tree diseases

            95.99   Penalty

• 95.01 TREE DISEASES.

            (A)      Trees constituting nuisance declared.  The following are public nuisances whenever they may be found within the city:

                        (1)       Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);

                        (2)       Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;

                        (3)       Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum;

                        (4)       Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide;

                        (5)       Any other shade tree with an epidemic disease.

            (B)       Abatement of nuisance.  It is unlawful for any person to permit any public nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city.  The City Council may by resolution order the nuisance abated.  Before action is taken on that resolution, the City Council shall publish notice of its intention to meet to consider taking action to abate the nuisance.  This notice shall be mailed to the affected property owner and published once no less than one week prior to the meeting.  The notice shall state the time and place of the meeting, the street affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs.  At such hearing or adjournment thereof, the City Council shall hear any property owner with reference to the scope and desirability of the proposed project.  The City Council shall thereafter adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for the doing of the work by day labor or by contract.

            (C)       Record of costs.  The City Administrator shall keep a record of the costs of abatement done under this section for all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each.

            (D)      Unpaid charges.  On or before September 1 of each year, the City Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section.  The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by M.S. § 429.101 as it may be amended from time to time and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes.

Penalty, see § 95.99

• 95.99 PENALTY.

            Any person who shall violate any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99 of this code.

(Prior Code, § 59.12)

Chapter Number 94, Streets and Sidewalks

CHAPTER 94:  STREETS AND SIDEWALKS

Section

            Construction, Installation and Repairs

            94.01   Permit required

            94.02   Application for permit

            94.03   Emergency work

            94.04   Bond

            94.05   Permit

            94.06   Record of permits

            94.07   Work requirements

            94.08   Restoration of premises

            94.98   Violations

CONSTRUCTION, INSTALLATION AND REPAIRS

• 94.01 PERMIT REQUIRED.

            Unless acting under a contract with the city, it shall be unlawful for any person, other than a duly authorized city official or employee in the course of his or her employment, to make, cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, curb, sidewalk or other public place within the limits of the city, without first having obtained and having in force a permit to do so.

(Prior Code, § 14.01)

• 94.02 APPLICATION FOR PERMIT.

            Any person desiring to procure a permit as for new construction or non-emergency repair as herein provided shall file with the City Administrator at least 24 hours before the time proposed to begin such work a written application. Such application shall state the name and business or residence address of the applicant, the name of the street, alley, sidewalk, curb or public place in or under which it is desired to make the excavation or opening, the kind of pavement or sidewalk thereon, the purpose, size and location of the proposed excavation or opening, the name and business or residence address of the person for whose benefit the work is to be done and the time during which it is desired such opening is to be permitted. When required by the City Administrator, the application shall be accompanied by a plat or pencil tracing or sketch showing the location, character and dimensions of the proposed excavation or opening for the installation of new work or the location and character of the alterations involving the location of pipes, conduits, wires or other conductors.

(Prior Code, § 14.02)

• 94.03 EMERGENCY WORK.

            In cases of extreme emergency which are herein limited to water and sewer repairs only and which emergencies may occur during non-business hours, work may be commenced upon notification being provided to the City Administrator, Superintendent of Public Works or any other city official.  Immediately upon opening of business on the first business day after the emergency work has commenced, application shall be made with the City Administrator as herein provided.

(Prior Code, § 14.03)

• 94.04 BOND.

            The application shall be accompanied by a surety bond, cash or certified check in an amount determined by resolution of the City Council to safeguard the public, conditioned on the faithful performance of such work in accordance with the rules, regulations and ordinances of the city within the time fixed by the city in the permit and for the restoration of any street, alley, sidewalk, curb or other public place in which the excavation or opening shall be made by such person to its original condition and to the satisfaction of the city and for the maintenance of such condition for such length of time as shall be required by the city and that such persons will indemnify and save harmless the city against and from any and all damages or claims for damages, losses, costs, charges or expenses that may be brought against it by any person for or on account of injury to persons or property resulting from or occasioned by operating in or using any of the streets under a franchise.  Any person who, by reason of his or her business, has the necessity of working in any public places may file a bond in an amount determined by resolution of the City Council conditioned as above to cover all excavations made by him or her for a period of one year from the date of filing, but permits for all excavations must be applied for and issued as herein provided.

(Prior Code, § 14.04)

• 94.05 PERMIT.

            The City Administrator upon the filing of the application and bond and the payment of a fee shall issue a permit which shall state the name and address of the applicant, the location, nature, purpose and extent of the excavation or opening, the kind or kinds of pavement to be disturbed, the amount of the deposit paid by the applicant and the dates of granting and expiration of the permit.  All permits shall be consecutively numbered and shall be made in triplicate, one copy to be given to the applicant, one copy to be delivered to the City Engineer and one copy to remain on file in the office of the City Administrator. Such permit shall at all times be in the possession of a competent person actually on the work and shall be shown upon request to a police officer or properly authorized officer or employee of the city.

(Prior Code, § 14.05)

• 94.06 RECORD OF PERMITS.

            The City Administrator shall prepare and keep a record of permits issued, numbered in the order in which they were issued; name and address of persons to whom issued; location, nature, purpose and extent of excavation or opening; time in which the street is to be restored; fee and amount of deposit paid; and such other and further items as will enable anyone to obtain a complete history of each permit from its issuance to its termination. The copies of the permits kept by the City Administrator, if properly bound, may be used as a basis for such record.

(Prior Code, § 14.06)

• 94.07 WORK REQUIREMENTS.

            All work under a permit shall be under the supervision of the City Engineer and in conformity with the following requirements.

            (A)      Execution. All work shall be started within 24 hours after the receipt of the permit and shall be pursued diligently and continuously until completed. When in consequence of the weather or any process of the law or any other unexpected obstacle, the work shall be stopped for so long a time that public travel shall be obstructed, the excavation or opening shall be refilled and repaved as if the work contemplated in a permit were actually completed.

            (B)       Amount of surface removed. In no case shall a person open or remove a greater area of surface and at no other location than that specified in the original or supplementary application; provided, that if at the time of actually doing the work it shall be necessary to open or remove a greater area of surface than originally applied for, the applicant shall first notify and procure the consent of the City Engineer to do so upon the express condition that he or she will, before noon of the following business day, file a supplementary application for the making of additional excavation.

            (C)       Opening of streets at intersection; interference with fire hydrants and the like; snow removal and the like.  At the intersection of cross streets, no more than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. All work shall be prosecuted so as not to interfere with easy access to fire houses, fire hydrants and United States mail boxes.  The permittee must remove within 24 hours all snow and ice that may fall or form upon the street within three feet upon either side of the opening and keep such space free from snow and ice until the opening is properly refilled.

            (D)      Inspection.  The installation of all service lines shall be inspected by a duly authorized city representative before any backfilling takes place.

            (E)       Backfilling. All excavations shall be backfilled and compacted to original density. The broken edges of the original surfacing shall be cut away with a saw. All backfilling and sawing shall be inspected by a duly authorized city representative before any resurfacing is done. The backfilled and compacted excavation shall be resurfaced using materials in-kind to the original and shall include all subbase, base and surfacing courses encountered.           

            (F)       Resurfacing.  All resurfacing shall be inspected by a duly authorized city representative.

            (G)      Restoration of curb and gutter.  Any portion of the curb and gutter that is damaged in the course of construction shall be restored to its original condition or replaced.  All restoration of curbs and gutters shall be inspected by duly authorized city representatives.

            (H)      Water and sewer taps.  All taps into city sewer and water mainlines shall be made by city employees under the direction of the Superintendent of Public Works. 

                        (1)       Water tap.

                                    (a)       When the city is requested to make a water tap it will be the responsibility of the owner and/or contractor to have the line exposed.  The ditch must meet OSHA standards. If the ditch appears unsafe, the city will refuse to make the tap until the ditch is in conformance with OSHA standards.

                                    (b)       There are two different types of taps.  One is a short-tap, the other being a long-tap.  A short-tap is when the main line is on the same side of the street or alley as the property.  A long-tap is when the main line is either in the center of the street or alley or on the opposite side of the street or alley of the property.

                                    (c)       The taps will consist of the following materials: curb stop, corporation, curb box and enough pipe to bring the curb stop to the highway right-of-way.

                                    (d)       The fee will be as set from time to time by resolution of the City Council for a short-tap as well as for a long-tap. The fee will be paid before the tap is made.

                        (2)       Sewer tap.

                                    (a)       There will be a fee as set from time to time by resolution of the City Council for making any tap in any sewer main owned by the city.  Only city personnel shall make sewer taps.

                                    (b)       The owner and/or contractor will have the line inspected within the highway right-of-way by authorized city personnel before any material is put back into the ditch.

(Prior Code, § 14.07)

• 94.08 RESTORATION OF PREMISES.

            In the event that the applicant fails to restore the premises within a reasonable period of time, the city may, after giving five days written notice to the applicant, restore the premises with its own force or by contract and may deduct the cost thereof from the deposit of the applicant. If the cost of restoration exceeds the deposit, the applicant shall, within ten days, after written notice of the amount is given to him or her by the Administrator, reimburse the city for the additional cost.

(Prior Code, § 14.08)

• 94.98 VIOLATIONS.

            Any person who shall violate any of the provisions of §§ 94.01 et seq., including but not limited to their failure to obtain a permit, failure to make a proper deposit, failure to restore the premises as herein provided or failure to reimburse the city for the additional cost, upon conviction thereof, shall be guilty of a misdemeanor.  Each day during which a violation continues shall be considered as a separate offense and shall be punishable as such.

(Prior Code, § 14.09)  Penalty, see § 10.99

Chapter Number 93, Animals

CHAPTER 93:  ANIMALS

Section

            General Provisions

            93.01   Definitions

            93.02   Animal units

            Licensing

            93.15   Inoculations

            93.16   License fee

            93.17   Unlicensed animals

            93.18   Counterfeit tags

            Regulations

            93.30   Running at large prohibited

            93.31   Leashes

            93.32   Clean up

            93.33   Number of animals

            93.34   Barnyard animals

            93.35   Intimidating an animal

            93.36   Annoying animals

            93.37   Vicious dogs

            93.38   Female animals

            93.39   Business restrictions

            Administration and Enforcement

            93.50   Impounded animals

            93.51   Notification

            93.52   Holding facility

            93.53   Tranquilizer guns

            93.54   Liability for damages

            93.55   Biting animals; impoundment

            93.56   Quarantine expenses

            93.57   Pathological examination

            93.58   Report of bites

            93.59   Report of veterinarian

            93.99   Penalty

GENERAL PROVISIONS

• 93.01 DEFINITIONS.

            For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            ACO. Animal Control Officer.

            ANIMAL. A domestic dog or cat or dog kind.

            CAT. Both male and female and includes any animal of the domestic feline kind.

            DANGEROUS ANIMAL. An animal which has caused damage to property or injury to a person or other animals, or which animal, by its actions, exhibits a propensity for imminent danger to persons or other animals.

            DOG. Both male and female and includes any animal of the dog kind.

            OWN. To have a property interest in or to harbor, feed, board, keep or possess.

            OWNER. A person who owns an animal hereby regulated.

(Prior Code, § 56.01)

• 93.02 ANIMAL UNITS.

            (A)      General.  The city determines impact by using animal units, and the following table shows the animal unit for each species.

                                    Animal                                                                        Unit

                        One dairy cow                                                            1.4 animal unit

                        One slaughter steer or heifer                                      1.0 animal unit

                        One horse                                                                    1.0 animal unit

                        One swine                                                                   0.4 animal unit

                        One sheep, goat, dog                                                0.2 animal unit

                        One duck, turkey, cat                                                  0.02 animal unit

                        One chicken                                                                0.01 animal unit

            (B)       Maximum animal units allowed.

                        (1)       Dogs and cats may be kept as pets as long as they do not equal or exceed the threshold of one animal unit on parcels of under two acres.

                        (2)       On parcels of 2.0 to 4.5 acres, one animal unit is allowed.

                        (3)       On parcels of 4.51 to 9.0 acres, five animal units are allowed.

                        (4)       For parcels larger than 9.0 acres, nine animal units plus one unit per acre beyond nine acres, to a maximum of 30 per quarter/quarter section or government lot. If an individual owns more than one quarter/quarter or government lot that may be considered in the general area, that property may be used in calculating the total animal units allowed at the rate of 20 animal units per quarter/quarter section or government lot, even if all the animals are kept on a single parcel.

(Ord. 04-02, passed 5-6-2002)

LICENSING

• 93.15 INOCULATIONS.

            No license or tag shall be issued by the City Administrator for a dog or cat which has reached the age of six months unless the applicant shall present a current certificate from a veterinarian certifying that the dog or cat to be licensed has been inoculated with a permanent type chick embryo rabies vaccine.

(Prior Code, § 56.05)

• 93.16 LICENSE FEE.

            The annual license fee shall be as set from time to time by resolution of the City Council for each altered (spayed or neutered) animal and for each unaltered animal. All licenses shall expire on December 31 of each year.

(Prior Code, § 56.08)

• 93.17 UNLICENSED ANIMALS.

            The ACO or his or her assistant shall impound any dog or cat found unlicensed, without a metal tag attached to his or her collar or running at large, and they are empowered and instructed to enter upon any private premises where they have reasonable cause to believe there is an unlicensed or untagged dog or cat or while in pursuit of a dog or cat running at large.

(Prior Code, § 56.09)

• 93.18 COUNTERFEIT TAGS.

            It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for in this chapter for licensing or take from any dog or cat a tag legally placed upon it with intent to place it upon another dog or cat. Tags shall not be transferable and no refunds shall be made for any reason.

(Prior Code, § 56.14)  Penalty, see § 93.99

REGULATIONS

• 93.30 RUNNING AT LARGE PROHIBITED.

            It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor.

(Prior Code, § 56.02)

• 93.31 LEASHES.

            The restriction imposed by § 93.30 shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash which is not longer than six feet and is kept under control of the accompanying person, nor shall it restrict any dog or cat to the premises of its owner, but no dog or cat shall be permitted to enter upon any public park, playground or bathing beach area at anytime or upon the school yard or premises of any public or private school during school days, even when on a leash.

(Prior Code, § 56.03)

• 93.32 CLEAN UP.

            It is required that an owner who walks his or her animal within city limits, on property other than his or her own, will be responsible for all feces pick-up.

(Prior Code, § 56.04)

• 93.33 NUMBER OF ANIMALS.

            No person shall exceed the number of three animals per dwelling unit.  This section shall not apply to a licensed kennel.

(Prior Code, § 56.06)

• 93.34 BARNYARD ANIMALS.

            It shall be unlawful for any person, persons, firm or corporation to keep, maintain, stable, yard or fence any cow, bull, steer, calf, ox, goat, sheep, horse, stallion, mare, mule, swine, chicken or other non-domestic or barnyard animal within the platted area of the city.

(Prior Code, § 56.07)  Penalty, see § 93.99

• 93.35 INTIMIDATING AN ANIMAL.

            It shall be unlawful and a violation of this section for any person to molest or intimidate a dog or cat.

(Prior Code, § 56.13)  Penalty, see § 93.99

• 93.36 ANNOYING ANIMALS.

            (A)      Habitual barking.  It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries.  Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption.  The barking must also be audible off of the owner’s or caretaker’s premises.

            (B)       Damage to property.  It shall be unlawful for any person’s dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage.

            (C)       Penalty. Any person found guilty of violating the terms and provisions of this section shall be guilty of a misdemeanor.

(Prior Code, § 56.15)  Penalty, see § 93.99

• 93.37 VICIOUS DOGS.

            No person shall keep or suffer to be kept on his or her premises occupied by him or her within the city, nor permit to run at large, any dog of a ferocious or vicious disposition or habit.  Whenever it shall reasonably appear that any dog has bitten one or more persons or animals, such dog shall be deemed a vicious dog and it shall be lawful for any police officer or ACO to forthwith kill or destroy any such animal.

(Prior Code, § 56.16) 

• 93.38 FEMALE ANIMALS.

            Except for controlled breeding purposes, every female animal in heat shall be kept confined in a house or secure enclosure provided by the owner or in a veterinary hospital or boarding kennel in such manner that such female animal cannot come in contact with other animals.

(Prior Code, § 56.24)

• 93.39 BUSINESS RESTRICTIONS.

            (A)      If the landowner is operating any type of business involving animals, a conditional use permit is required.

            (B)       No animals may be penned within 200 feet of a neighboring dwelling and any well, except up to five domesticated dogs or cats shall be permitted. PENNED is defined as the confined feeding, breeding, raising or holding of animals. This provision does not apply if the animals are pastured in an area of ten acres or more.

            (C)       The keeping of amounts greater than 1,000 poultry or small animals or more than 250 swine shall require a conditional use permit.

            (D)      Where any parcel contains five or more units of swine or poultry, enclosed quarters or fencing shall be provided at not less than twice the required setback for the zone district unless the provision in division (B) of this section results in a greater setback.

            (E)       All required state and federal permits shall be obtained for the keeping of animals.

            (F)       Animal waste must be disposed of in an environmentally sound manner, and in no case shall runoff from waste discharge directly into a lake, river, unsealed well or wetland. The construction of an animal waste system is encouraged and may be required by the Planning Commission or the Planning Director.

(Ord. 04-02, passed 5-6-2002)

ADMINISTRATION AND ENFORCEMENT

• 93.50 IMPOUNDED ANIMALS.

            (A)      All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal in which case it shall be kept for seven regular business days, and except if the animal is a cruelly-treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this code or established from time to time by resolution of the City Council:

                        (1)       The description of the animal by specie, breed, sex, approximate age and any other distinguishing detail;

                        (2)       The location at which the animal was seized;

                        (3)       The date of seizure;

                        (4)       The name and address of the owner of said animal;

                        (5)       The name and address of the person the animal is transferred to, if not the owner.

            (B)       The releasing fee for impounded animals is as set by the Mesabi Humane Society.  If the animal is unclaimed, such animal shall be humanely destroyed and the carcass disposed of.  After the five day holding period the impounded animal may be released to the Mesabi Humane Society for adoption.  Adopting individuals must apply for and obtain a city license.

(Prior Code, § 56.10)

• 93.51 NOTIFICATION.

            Upon impounding of any animal, the owner shall be notified by the most expedient means, or if the owner is unknown, written notice shall be posted for five days at the City Hall and at the pound describing the animal and the place and time of taking.

(Prior Code, § 56.11)

• 93.52 HOLDING FACILITY.

            It shall be unlawful for any unauthorized person to break open the holding facility or attempt to do so, to take or let out any dogs or cats therefrom or to take or attempt to take from any officer any dog or cat taken up by him or her in compliance with this section or in any manner to interfere with or hinder such officer in the discharge of his or her duties under this section.

(Prior Code, § 56.12)  Penalty, see § 93.99

• 93.53 TRANQUILIZER GUNS.

            For the purpose of enforcement of this section, any peace officer or animal control officer (ACO) may use a so called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal. The tranquilizer gun will be used only in extreme circumstances.

(Prior Code, § 56.17)

• 93.54 LIABILITY FOR DAMAGES.

            If a dog or cat, without provocation, attacks or injures the person or property of any person who is peaceably conducting himself or herself in any place where he or she may lawfully be in any part of the city, the owner of the animal shall be liable for damages to the person so attacked or injured to the full amount of the injury or damage sustained to his or her person or property.

(Prior Code, § 56.18)

• 93.55 BITING ANIMALS; IMPOUNDMENT.

            Any animal impounded for biting persons shall be impounded for observation for a minimum of ten  days.  Animals impounded for biting may be quarantined on the premises of the owner for the ten day observation period upon certification by a licensed veterinarian that the dog has been inoculated against rabies within the past three years and is otherwise healthy.  In instances of home quarantine, the owner shall be responsible for keeping the dog contained within the house or, if outside, on a chain at all times.  The city and/or the ACO shall have access to the animal at any reasonable time for study and observation of rabies symptoms.  In the event that the animal is a stray or when the owner of the animal is not known, such quarantine shall be at the holding facility or a veterinary hospital.

(Prior Code, § 56.19)

• 93.56 QUARANTINE EXPENSES.

            All expenses of the quarantine period shall be the responsibility of the animal’s owner. The animal may be reclaimed by the owner if free of rabies and upon payment of fees as set forth in this section and upon compliance with all applicable provisions.

(Prior Code, § 56.20)

• 93.57 PATHOLOGICAL EXAMINATION.

            When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the ACO shall immediately send the head of such animal and rabies data to the State Health Department for pathological examination and shall notify all persons concerned of the results of such an examination.

(Prior Code, § 56.21)

• 93.58 REPORT OF BITES.

            It is the duty of every physician and medical practitioner to report to the Chief Law Enforcement Official the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.

(Prior Code, § 56.22)

• 93.59 REPORT OF VETERINARIAN.

            It is the duty of every licensed veterinarian to report to the Chief Law Enforcement Official his or her diagnosis of an animal observed by him or her as a rabies suspect.

(Prior Code, § 56.23)

• 93.99 PENALTY.

            Any person, firm or corporation violating any provision of this chapter shall be guilty of a petty misdemeanor and shall be punished by a fine as set forth in § 10.99.

(Prior Code, § 56.25)

Chapter Number 92, Swimming Pools

CHAPTER 92:  SWIMMING POOLS

Section

            92.01   Definitions

            92.02   Permit required

            92.03   Plans to be submitted

            92.04   Construction in accordance with approved plans; deviations

            92.05   Permit fee

            92.06   Design and construction requirements

            92.07   Electrical requirements

            92.08   Chemical treatment

            92.09   Approval of other design and equipment

            92.10   Location

            92.11   Dangers to life and health prohibited

            92.12   Safety precautions

            92.13   Enforcement officers specified

            92.14   Retroactivity

• 92.01 DEFINITIONS.

            For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            PORTABLE SWIMMING POOL. A rubber or plastic swimming pool that can be erected without permanent support.

            PRIVATE RESIDENTIAL SWIMMING POOL. Any constructed or assembled swimming pool or portable swimming pool which is used or intended to be used as a swimming pool in connection with group I occupancies as defined in the State Building Code and available only to the family of the householder and his or her guests.

            SWIMMING POOL. Any structure, basin, chamber or tank constructed or designed to contain an artificial body of water for swimming, diving, relaxation or recreational bathing and having a depth of two feet or more at any point and with a surface area exceeding 150 square feet.

(Prior Code, § 41.01)

• 92.02 PERMIT REQUIRED.

            No person shall construct or erect a private residential swimming pool or reconstruct any such pool or do any alteration, addition, remodeling or repair to such swimming pool in excess of the value of $100 without first obtaining a building permit.  A permit shall be required for the re-erection of any such swimming pool which was once erected with permit or which was in existence at the date of the enactment of this chapter and then disassembled and which is not re-erected in the same location.

• 92.03 PLANS TO BE SUBMITTED.

            (A)      Plans and specifications and pertinent explanatory data shall be submitted with the application for a permit. No new plan shall be required for the re-erection of a pool according to a plan previously submitted. The plans shall be reviewed relative to design, operation and maintenance insofar as health and safety features are concerned in accordance with the standards prescribed in this section. The plans shall be drawn to a scale of not less than one-fourth inch per foot.

            (B)       The plans shall include the following data and such other information as may be reasonably requested by the Building Inspector:

                        (1)       The general layout of the entire building lot on which the pool is to be located, including the distances of the pool from the lot lines, the location of any utilities and the location of any source of contamination within 50 feet of the pool;

                        (2)       The dimensions of pool, including the effective length and width of the pool, pool decks and other similar items;

                       (3)       The source of water supply and method of drainage, including all pipes, inlets, outlets and waste and discharge lines.

(Prior Code, § 41.03)

• 92.04 CONSTRUCTION IN ACCORDANCE WITH APPROVED PLANS; DEVIATIONS.

            Swimming pools, appurtenances, water supply and drainage systems and other features shall be constructed in conformity with the approved plans. If any deviations from such plans are desired, a supplementary plan covering that portion of the work involved shall be filed for approval and shall conform to the provisions of this section.

(Prior Code, § 41.04)

• 92.05 PERMIT FEE.

            The fee for a permit shall be determined by resolution of the City Council.

(Prior Code, § 41.05)

• 92.06 DESIGN AND CONSTRUCTION REQUIREMENTS.

            The design and construction of all private residential swimming pools shall comply with the following requirements.

            (A)      Structural design.  The pool structure shall be engineered and designed to withstand the expected forces to which it will be subjected.

            (B)       Overflow and surface drainage. The pool and surrounding area shall be constructed and arranged in such a manner that no splash or overflow water shall return to the pool.  No surface or roof drainage shall be permitted to enter the pool.

            (C)       Finish.  Pool floor and walls shall have a cleanable, white or similar light-colored and impermeable surface.

            (D)      Handholds.  Handholds shall be provided and shall not be more than nine inches above the normal water line and shall extend around the entire periphery of the pool.

            (E)       Pool deck.  Unobstructed deck areas not less than 48 inches wide shall be provided to extend entirely around the pool. The deck surface shall be such as to be smooth and easily cleaned and of nonslip construction. The deck shall have a pitch of at least one-fourth inch to the foot, designed so as to prevent back drainage into the pool.  If deck drains are provided, drain pipe lines shall be at least two inches in diameter and drain openings shall have an open area of at least four times the cross-sectional area of the drain pipe. The deck drain system shall have indirect connection to the sanitary sewer. The deck drains shall not be connected to the recirculation system piping. No deck, other than the ground surface, shall be required for any pool that is totally above ground and which is less than four feet in height.

            (F)       Steps or ladders.  One or more means of egress in the form of steps or ladders shall be provided from any pool having a water depth of 36 inches or more. Treads of steps and ladders shall be equipped with nonslip material.

            (G)      Plumbing.  All supply and waste piping connected to such swimming pool shall be installed in accordance with the Minnesota State Plumbing Code.

            (H)      Water supply.  The water supply serving the swimming pool shall be potable water or of a quality otherwise acceptable to the Commissioner of Health.  All portions of the water distribution system serving the swimming pool and auxiliary facilities shall be protected against backflow.  Water introduced into the pool, either directly or to the recirculation system, shall be supplied through an air gap in accordance with the Minnesota Plumbing Code.  When such connections are not possible, the supply shall be protected by a suitable backflow preventer in accordance with the Minnesota Plumbing Code, installed on the discharge side of the last control to the fixture, device or appurtenance.

            (I)        Drainage.

                        (1)       Pools shall be equipped with facilities for completely emptying the pool to the sanitary sewer or other suitable disposal unit acceptable to the Director of Inspections.

                        (2)       There shall be no direct physical connection between the sewer system and any drain from the swimming pool or recirculation system.  Any swimming pool or gutter drain or overflow from the recirculation system when discharged to the sewer system, storm drain or other approved natural drainage course shall connect through a suitable air gap or air break so as to preclude the possibility of backup of sewage or waste into the swimming pool piping system.

                        (3)       The water from the pool shall not be drained onto the streets or sidewalks or any other public property or private property not owned by the pool owner.

            (J)        Heaters.  All gas-fired or oil burning swimming pool heaters and boilers shall comply with the Plumbing Code and Heating Code of the city.

(Prior Code, § 41.06)

• 92.07 ELECTRICAL REQUIREMENTS.

            (A)      All electrical installations provided for, installed and used in conjunction with a residential swimming pool or portable swimming pool shall conform to the State Electrical Code.

            (B)       The following parts of swimming pools shall not be placed under existing service drop conductors or any other open overhead wiring; nor shall such wiring be installed above the following:

                        (1)       Swimming pool and the area extending ten feet horizontally from the inside of the walls of the pool;

                        (2)       Diving structure;

                        (3)       Observation stands, towers or platforms.

            (C)       Any metal fences, enclosures or railings near or adjacent to a private residential swimming pool or portable swimming pool which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.

            (D)      When used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.

(Prior Code, § 41.07)

• 92.08 CHEMICAL TREATMENT.

            Gaseous chlorinating systems shall not be used as a disinfecting method for a private residential swimming pool or portable swimming pool. Below ground pools shall meet the requirements for recirculation, disinfection and water quality maintenance as required for public swimming pools as set forth in regulation MHD 115, filed with the State Department of Administration on August 4, 1971.

(Prior Code, § 41.08)

• 92.09 APPROVAL OF OTHER DESIGN AND EQUIPMENT.

            Any swimming pool, the design and equipment of which incorporates features other than those set forth herein shall be subject to review and approval by the Director of Inspections and the Commissioner of Health in accordance with acceptable standards and in conformance with current public health and safety practices.

(Prior Code, § 41.09)

• 92.10 LOCATION.

            No portion of a swimming pool or appurtenances thereto shall be located from the lot line at a distance less than that required for side yards for a one-story building as set forth in the zoning code.

(Prior Code, § 41.10)

• 92.11 DANGERS TO LIFE AND HEALTH PROHIBITED.

            No private residential swimming pool or portable swimming pool shall be used, kept, maintained or operated in the city if such use, keeping, maintaining or operating shall be the occasion of any nuisance or shall be dangerous to life or detrimental to health.

(Prior Code, § 41.11)

• 92.12 SAFETY PRECAUTIONS.

            (A)      A skilled swimmer shall be present at all times that the swimming pool is in use.

            (B)       Every pool shall be equipped with one or more throwing ring buoys not more than 15 inches in diameter and having 60 feet of ³/16 inch Manila line attached and one or more light but strong poles with blunted ends and not less than 12 feet in length for making reach assists or rescues.

(Prior Code, § 41.14)

• 92.13 ENFORCEMENT OFFICERS SPECIFIED.

           The Building Inspector and the Commissioner of Health are authorized and directed to administer and enforce the provisions of this chapter.

(Prior Code, § 41.13)

• 92.14 RETROACTIVITY.

            The provisions of this chapter shall be applicable to all private residential swimming pools existing on September 1, 1977, except that §§ 92.02 through 92.05 and § 92.10 shall not apply unless such pool is disassembled.

(Prior Code, § 41.12)

Chapter Number 91, Parks and Recreation

CHAPTER 91:  PARKS AND RECREATION

Section

            91.01   Definitions

            91.02   Limitations on hours of use

            91.03   Motor vehicle operation

            91.04   Disturbances

            91.05   Firearms and explosives

            91.06   Camping

            91.07   Sanitation

            91.08   Vandalism

            91.09   Concessions

            91.10   Glass containers

            91.11   Recreational areas

            91.12   Alcoholic beverages

            91.13   Fires

            91.14   Pets

            91.15   Campground regulations

            91.16   Enforcement

• 91.01 DEFINITIONS.

            For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            PUBLIC PARK. A parcel of land in the City of Mountain Iron now or hereafter owned or controlled by the city and dedicated or designated as park land and/or recreation area or as may otherwise be designated by the City Council from time to time.

(Ord. 02-00, passed 11-6-2000)

• 91.02 LIMITATIONS ON HOURS OF USE.

            It shall be unlawful for any person or organization, other than an officer serving the city, to enter directly or indirectly, to use, occupy or pass through or on any public park in the city between the hours of 10:00 p.m. and 6:00 a.m. or as otherwise posted.

(Ord. 02-00, passed 11-6-2000)  Penalty, see § 10.99

• 91.03 MOTOR VEHICLE OPERATION.

            It shall be unlawful for any person to operate or park any motor vehicle within a public park except upon roadways or other designated locations therein.

(Ord. 02-00, passed 11-6-2000)  Penalty, see § 10.99

• 91.04 DISTURBANCES.

            It shall be unlawful for any person or groups of persons to conduct themselves in any way that shall disturb or adversely affect any other person’s peaceful enjoyment of the public parks.

(Ord. 02-00, passed 11-6-2000)  Penalty, see § 10.99

• 91.05 FIREARMS AND EXPLOSIVES.

            No person shall discharge firearms, air rifles, B.B. guns, sling shots, explosives or fireworks in or about any public park in the city. Exceptions are allowed for special events; permission must be granted through city law enforcement and/or Chapter 111 of the city code.

(Ord. 02-00, passed 11-6-2000)

Cross reference:

            Special events, see Chapter 111

• 91.06 CAMPING.

            No overnight camping is permitted in any park except in areas designated by the Director of Parks and Recreation.

(Ord. 02-00, passed 11-6-2000)

• 91.07 SANITATION.

            It is unlawful for any person to dispose of garbage, refuse, sewage or trash of any kind except in designated receptacles. It is unlawful to clean fish except in designated areas.

(Ord. 02-00, passed 11-6-2000)  Penalty, see § 10.99

• 91.08 VANDALISM.

            The destruction, alteration, injury or removal of any real or personal property of the city, including but not limited to trees or vegetation, whether living or dead, ruins, relics, building or geological formation is strictly prohibited.

(Ord. 02-00, passed 11-6-2000)

• 91.09 CONCESSIONS.

            It is unlawful for any person to engage in or solicit business of any nature whatsoever within a public park or recreation area without proper city permits or licenses.

(Ord. 02-00, passed 11-6-2000)

• 91.10 GLASS CONTAINERS.

            It shall be unlawful for any person, firm, association or corporation to take into, possess or maintain within any public park any glass container.

(Ord. 02-00, passed 11-6-2000)  Penalty, see § 10.99

• 91.11 RECREATIONAL AREAS.

            All interested persons wishing to use ball fields, tennis courts, horseshoe pits and the like on a seasonal basis must request reservations for such use from the Park and Recreation Director or designee. Any recreational areas not reserved may be used on a first-come basis.

(Ord. 02-00, passed 11-6-2000)

• 91.12 ALCOHOLIC BEVERAGES.

            (A)      In a public park, it is unlawful to have in your possession any intoxicating liquor or 3.2% malt liquor container larger than 32 ounces without a permit.

            (B)       A special permit for keg beer must be applied for at least one week in advance with the Parks and Recreation Director.

(Ord. 02-00, passed 11-6-2000)

• 91.13 FIRES.

            Fires are permitted only in fireplaces or fire rings provided in designated areas and shall be extinguished when unattended, personal portable grills excepted.

(Ord. 02-00, passed 11-6-2000)

• 91.14 PETS.

            All pets must be kept on a leash and confined to the designated pet exercise areas. The owner or person responsible for any animal, which leaves droppings on the premises, shall be responsible to remove the droppings immediately.

(Ord. 02-00, passed 11-6-2000) 

• 91.15 CAMPGROUND REGULATIONS.

            Rules and regulations governing the use of the West Two Rivers Campground are part of this chapter as if fully contained herein.

(Ord. 02-00, passed 11-6-2000)

• 91.16 ENFORCEMENT.

            The Park Director or his or her designee and all on duty law enforcement officers are charged with the duty of removing and evicting any person from any public park for violation of any city ordinance or state statute.

(Ord. 02-00, passed 11-6-2000)

Chapter Number 90, Fire Prevention Code

CHAPTER 90: FIRE PREVENTION CODE

Section

90.01   Adoption of Uniform Fire Code

90.02   Establishment and duties of Bureau of Fire Prevention

90.03   Definitions

90.04   Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited

90.05   Establishment of limits in which storage of liquefied petroleum gases is prohibited

90.06   Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited

90.07   Establishment of limits of districts in which the storage of compressed natural gas is to be prohibited

90.08   Establishment of limits of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited

90.09   Establishment of limits of districts in which the storage of hazardous materials is to be prohibited or limited

90.10   Appeals

90.11   New materials processes or occupancies which may require permits

90.99   Penalty

• 90.01 ADOPTION OF UNIFORM FIRE CODE.

            Pursuant to M.S. § 299F.011, and Minn. Rules 7510.3510, the State Fire Code, as they may be amended from time to time, one copy of which has been marked as the official copy and which is on file in the office of the City Administrator, is hereby adopted as the fire code for the City of Mountain Iron, Minnesota, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the State Fire Code, except as hereinafter amended, is hereby adopted and made a part of this chapter as if fully set forth herein. The scope of these regulations is intended to be consistent with M.S. § 299F.011, as it may be amended from time to time.

• 90.02 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION.

            (A)      The Minnesota Uniform Fire Code as adopted and amended herein shall be enforced by the Fire Department of the City of Mountain Iron.

            (B)       The Chief in charge of the Fire Department shall be appointed by City of Mountain Iron on the basis of examination to determine his or her qualifications.

            (C)       The chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause.

• 90.03 DEFINITIONS.

            (A)      Wherever the word JURISDICTION is used in the Minnesota Uniform Fire Code, it is the City of Mountain Iron.

            (B)       Where the party responsible for the enforcement of the Minnesota Uniform Fire Code is given the title of Fire Marshal, add the following definition: Fire Chief of the Mountain Iron Fire Department.

• 90.04 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED.

            The limits in which the storage of flammable or combustible liquids is restricted are hereby established as follows: in any Urban Residential—Sewered, Urban Residential—Non-Sewered, Multifamily 1 or Multifamily 2 Zoning District as established in Title XV.

• 90.05 ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS PROHIBITED.

            The limits in which storage of liquefied petroleum gas is restricted, are hereby established as follows: in any Urban Residential—Sewered, Urban Residential—Non-Sewered, Commercial, Multifamily 1 or Multifamily 2 Zoning District as established in Title XV.

• 90.06 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED.

            The limits in which storage of explosives and blasting agents is prohibited, are hereby established as follows: in any Urban Residential—Sewered, Urban Residential—Non-Sewered, Commercial, Multifamily 1 or Multifamily 2 Zoning District as established in Title XV.

• 90.07 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED.

            The limits in which the storage of compressed natural gas storage is prohibited, are hereby established as follows: in any Urban Residential—Sewered, Urban Residential—Non-Sewered, Commercial, Multifamily 1 or Multifamily 2 Zoning District as established in Title XV.

• 90.08 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS ARE TO BE PROHIBITED.

            The limits referred to in which the storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as follows: in any Urban Residential—Sewered, Urban Residential—Non-Sewered, Commercial, Multifamily 1 or Multifamily 2 Zoning District as established in Title XV.

• 90.09 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED.

            The limits in which the storage of hazardous materials is prohibited or limited is hereby established as follows: in any Urban Residential—Sewered, Urban Residential—Non-Sewered, Commercial, Multifamily 1 or Multifamily 2 Zoning District as established in Title XV.

• 90.10 APPEALS.

            Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council within 30 days from the date of the decision appealed.

• 90.11 NEW MATERIALS PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.

            The City Administrator and the Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the Minnesota Uniform Fire Code. The Chief shall post such list in a conspicuous place at the Bureau of Fire Prevention and distribute copies thereof to interested persons.

• 90.99 PENALTY.

            (A)      Any person who violates any of the provisions of the Minnesota Uniform Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable under § 10.99. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time: and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

            (B)       The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.