03-14 Amending Liquor
ORDINANCE NUMBER 03-14
AMENDING CHAPTER 114 OF THE MOUNTAIN IRON CITY CODE
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1 AMENDING SECTION 114.34. Section 114.34(J) of the Mountain Iron City Code is hereby repealed in its entirety.
SECTION 2 AMENDING SECTION 114.35. Section 114.35(B) of the Mountain Iron City Code is hereby repealed in its entirety.
SECTION 3 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 2nd DAY OF JUNE, 2014.
______________________________
Mayor Gary Skalko
ATTEST:
_______________________________
City Administrator
01-12 Absentee Ballot Board
ORDINANCE NUMBER 01-12
AN ORDINANCE ESTABLISHING AN ABSENTEE BALLOT BOARD OF THE MOUNTAIN IRON CITY CODE
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
Section 1. Creation. Establishing Mountain Iron City Code Section 32.02. Absentee Ballot Board
Subd. 1. Absentee Ballot Board Established. There is hereby established an Absentee Ballot Board pursuant to Minnesota Statutes Section 203B.121 for the purpose of processing absentee ballots cast by Mountain Iron Citizens. The Board shall consist of a sufficient number of election judges appointed as provided in Minnesota Statutes Sections 204B.19 to 204B.22.
Subd. 2. Duties of the Absentee Ballot Board. The Absentee Ballot Board Election Judges shall meet and take receipt of all returned absentee ballot envelopes from the City Clerk at the Mountain Iron City Hall. Two or more election judges shall examine and process said absentee ballots pursuant to Minnesota Statutes Chapter 203B.
Section 2. Effective Date. This Ordinance shall be effective in accordance with State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 1st DAY OF OCTOBER, 2012.
______________________________
Mayor Gary Skalko
ATTEST:
_______________________________
City Administrator
01-09 Street Names
ORDINANCE NUMBER 01-09
RENAMING STREETS WITHIN THE ROCK RIDGE DEVELOPMENT PLAT
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
SECTION 1. RENAMING STREET. “Park Ridge Drive” in the recorded plat of ROCK RIDGE DEVELOPMENT in the City of Mountain Iron, Saint Louis County, Minnesota, from Highway 169 to a line between the northeast corner of Lot 1, Block 2 and the northwest corner of Lot 1 Block 3 all in the said ROCK RIDGE DEVELOPMENT PLAT, is hereby renamed “Rock Ridge Drive”
SECTION 2. RENAMING STREET. All of “Commerce Street” within the recorded plat of ROCK RIDGE DEVELOPMENT in the City of Mountain Iron, Saint Louis County, Minnesota, is hereby renamed “Park Ridge Drive”
SECTION 3. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decisions shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part held to be invalid,
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 18th DAY OF FEBRUARY, 2009.
__________________________________
Mayor Gary Skalko
Attested:
____________________________
City Administrator
02-06 Amending Zoning Map
ORDINANCE NUMBER 02-06
AMENDING THE OFFICIAL ZONING MAP IN AND FOR THE CITY OF MOUNTAIN IRON
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
Section 1. Amending the Official Zoning Map. The Official Zoning Map for City of Mountain Iron is hereby amended as follows:
The Zoning District of the following parcels is hereby changed from Urban Residential – Sewered (UR/S) to Multi-Family Residential Number 2 (MF-2):
That part of the Southwest Quarter of the Southeast Quarter (SW 1/4 of SE 1/4), Section Eleven (11), Township Fifty-eight (58) North, Range Eighteen (18) West described as follows:
Commencing at the Southwest corner of said Southwest Quarter of Southeast Quarter (SW ¼ of SE ¼), thence North 87°02’56” East along the south line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4) a distance of 751.76 feet to the point of beginning; thence North 01°56’43” West along a line parallel to the West line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4) a distance of 509.05 feet to a point; thence South 89°05’17” East a distance of 262.48 feet to a point; thence in a Southeasterly direction along a straight line to a point which is 320 feet West of the East line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4) and assigning a beating South 87°02’56” West to said East line and 350 feet North of the South line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4) and assigning a bearing of North 02°50’28” West to said South line, which line is also parallel to the West line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4); thence South 02°50’28” East along a line parallel to the West line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4) a distance of 350 feet to a point on the South line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4); thence South 87°02’56” West along the South line of said Southwest Quarter of Southeast Quarter (SW 1/4 of SE 1/4) a distance of 441.94 feet to the point of beginning and there terminating, containing 4.84 acres, more or less, all in the City of Mountain Iron, County of Saint Louis, State of Minnesota.
Section 2. Repeal of Inconsistent Ordinance. All Ordinances inconsistent herewith are hereby repealed and replaced with the provisions of this Ordinance.
Section 3. Effective Date. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 6th DAY OF FEBRUARY, 2006.
__________________________________
Mayor Gary Skalko
Attested:
____________________________
City Administrator
04-05 Parking
ORDINANCE NUMBER 04-05
VEHICLE PARKING
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
Section 1. Amending Chapter 7. That Chapter 7 Section 70.09 through 70.12 be added to the Mountain Iron City Code and shall be as follows:
70.09 Vehicle Parking. The term “recreational vehicle” shall mean a vehicle designed and used for recreational purposes and enjoyment including, but not limited to, self-propelled motor homes, truck campers, camping trailers, all terrain vehicles, boats, race cars and race car trailers, snowmobiles, construction trailers, all other trailers, vehicles used to transport goods, refuse or merchandise, semi-tractors and trailers and vehicles converted into storage or camping vehicles.
70.10 Residential Areas:
With the exception of construction trailers, the vehicles described in 70.09 above shall not be allowed to park on any public street, for longer than 72 hours to load/unload and to perform maintenance on the vehicle. Construction trailers may be parked on City streets only when they are being used in conjunction with an adjacent construction project and only while attended.
The parking and storage of the vehicles described in 70.09 on a lot is permitted subject to the following restrictions:
- Parking and storage is permitted at all times within an enclosed building or within the rear yard.
- The above-described vehicles must have affixed thereto current registration or license plates as required by law.
- All permitted recreational vehicle storage must be on an established driveway and must be set back at least fifteen (15) feet from the back of the curb, where present, or fifteen (15) feet from the paved area of the street if no curb is present.
- Recreational vehicle parking is allowed on a sideyard. The term “sideyard” shall mean the yard between the nearest point of the building and the sideline of the lot and extending from the front yard to the rear yard.
- All recreational vehicles parked in accordance with this ordinance must not be missing “major parts”, which would, without these parts, constitute junk.
70.11 Unlawful Overtime Parking. It shall be unlawful to park a car, pick-up truck, van or motorcycle on any City street, alley or public parking lot for longer than:
- 24 consecutive hours from the period of November 1st to April 30th.
- 72 consecutive hours from the period of May 1st to October 31st.
70.12 Violation. Any person in violation of 70.11 A shall receive a parking citation immediately. Any person in violation of 70.11 B shall receive a 24 hour warning tag from the St. Louis County Sheriff’s Department or a designee of the City. If after 24 hours the violation continues, any person in violation shall be guilty of a petty misdemeanor. Each day a violation continues shall constitute a separate offense.
SECTION 2 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective November 1, 2005.
DULY ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF OCTOBER, 2005.
______________________________
Mayor Gary Skalko
ATTEST:
_______________________________
City Administrator
03-05 Adopting Code
ORDINANCE NUMBER 03-05
ENACTING A CODE OF ORDINANCE FOR THE CITY OF MOUNTAIN IRON, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES.
WHEREAS, Minnesota Statutes Sections 415.02 and 415.021 authorize the City to cause its Ordinances to be codified and printed in a book.
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1 CODE ADOPTION. The general Ordinances of the City as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are hereby adopted and shall constitute the “Code of Ordinances of the City of Mountain Iron, Minnesota.” This Code of Ordinances also adopts by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. It is intended that any future amendments to a statute or administrative rule of the State of Minnesota, and any federal law, rule or regulation be included in the Code of Ordinances as if the amended statute, law, rule or regulation had been in existence at the time the code was adopted.
SECTION 2 SECTIONS ADOPTED. The Code of Ordinances as adopted in Section One shall consist of the following titles:
Title I: General Provisions
Title III: Administration
Title V: Public Works
Title VII: Traffic Code
Title IX: General Regulations
Title XI: Business Regulations
Title XIII: General Offenses
Title XV: Land Usage
Table of Special Ordinances
Parallel References
Index
SECTION 3 REPEAL OF ORDINANCES. All prior Ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re-ordained in whole or in part in the Code of Ordinances; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of Ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. All fees established in prior Ordinances codified in this Code shall remain in effect unless amended in this code or until an ordinance or resolution adopting a fee schedule is adopted or amended.
SECTION 4 PUBLICATION. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the City’s official newspaper. The City Administrator of the City shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall be marked and kept in the office of the City Administrator.
SECTION 5 PRIMA FACIE EVIDENCE. The Code of Ordinances is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the State of Minnesota.
SECTION 6 EFFECTIVE DATE. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect 30 days after publication of this ordinance in the City’s official newspaper.
DULY ADOPTED BY THE CITY COUNCIL THIS 22nd DAY OF FEBRUARY, 2005.
______________________________
Mayor Gary Skalko
ATTEST:
_______________________________
City Administrator
05-04 Nuisances
ORDINANCE NUMBER 05-04
AMENDING CHAPTER 52 OF THE MOUNTAIN IRON CITY CODE
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
SECTION 1. AMENDING SECTION 52.03. Section 52.03, Blighting Factors, is hereby amended to include the following as Section 52.03 Subdivision 5:
Subd. 5. 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 a fence or as provided for in Chapter 22 of the City Code.
(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 licensed and operable 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.
(C) These provisions are in addition to any provisions provided for in Chapter 22 of the Mountain Iron City Code.
SECTION 2. AMENDING SECTION 52.03. Section 52.03, Blighting Factors, is hereby amended to include the following as Section 52.03 Subdivision 6:
Subd. 6. INOPERABLE MOTOR VEHICLES.
(A) It shall be unlawful to keep, park, store or abandon any motor vehicle which is not licensed and 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 by a fence allowed under Chapter 22 of the City Code, 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 Chapter 22 of the Mountain Iron City Code.
SECTION 3. AMENDING SECTION 52.03. The following sentences in Section 52.03 Subd. 2C, Junk automobiles and equipment, of the Mountain Iron City Code are hereby deleted:
In any area not zoned for junkyards or salvage yards, the storage of junk automobiles is prohibited. For the purpose of this Chapter, the term “junk automobiles” shall include any motor vehicle, part of a motor vehicle, or former motor vehicle, stored in the open, which is currently unlicensed, unregistered or inoperable. As long as above-mentioned vehicles are covered that is accepted, covered meaning not observable.
SECTION 4. INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 20TH DAY OF DECEMBER, 2004.
__________________________________
Mayor Gary Skalko
Attested:
____________________________
City Administrator
01-04 Amending ISTS
ORDINANCE NUMBER 01-04
AMENDING CHAPTER 22 OF THE MOUNTAIN IRON CITY CODE
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1 AMENDING SECTION 22.02. Section 22.02 of the Mountain Iron City Code is hereby amended as follows:
“Sewage Treatment System – means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as regulated by St. Louis County Ordinance” is hereby replaced with the following “Sewage Treatment System – means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as regulated by the City of Mountain Iron in Section 37.03 of the Mountain Iron City Code.”
SECTION 2 AMENDING SECTION 22.02. Section 22.02, Designation of Types of Land Use, of the Mountain Iron City Code is hereby amended as follows:
The following Streams are hereby added to (A) Rivers/Streams:
Sandy River:
From Section 2 of T59N, R18W to Section 1 of T59N, R18W Tributary
Unnamed Tributary to Sandy River:
From Section 24 of T59N, R18W to Section 1 of T59N, R18W Tributary
Unnamed Tributary to Unnamed Tributary (to Sandy River):
From Section 12 of T59N, R18W to Section 12 of T59N, R18W Tributary
Unnamed Tributary to Little Sandy Lake:
From Section 15 of T59N, R18W to Section 11 of T59N, R18W Tributary
Unnamed Tributary to Sandy Lake:
From Section 2 of T59N, R18W to Section 2 of T59N, R18W Tributary
The following Streams are hereby added to (B) Lakes/Wetlands:
69-0729 Sandy P 121 5
69-0730 Little Sandy P 89 5
SECTION 3 AMENDING SECTION 22.05. Section 22.05(2)(d) of the Mountain Iron City Code is hereby amended as follows:
“D. Single-family dwellings served by a domestic water supply and sanitary sewerage disposal system approved by the St. Louis County Health Department and/or the City” is hereby replace with the following “D. Single-family dwellings served by a domestic water supply and sanitary sewerage disposal system approved by the City of Mountain Iron”
SECTION 4 AMENDING SECTION 22.06. Section 22.06(2)(a) of the Mountain Iron City Code is hereby amended as follows:
“A. Single-family dwellings served by a domestic water supply and sanitary sewerage disposal system approved by the St. Louis County Health Department and/or the City” is hereby replace with the following “Single-family dwellings served by a domestic water supply and sanitary sewerage disposal system approved by the City of Mountain Iron”.
SECTION 5 AMENDING SECTION 22.14. Section 22.14 3.12 of the Mountain Iron City Code is hereby amended as follows:
“3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance. A notice from St. Louis County should be given to the local governing authority advising that the permit application conforms to the St. Louis County Individual Sewage Treatment Systems Standards as adopted March 1, 1994, before a permit for construction is issued” is hereby replaced with the following “3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance”.
SECTION 6 AMENDING SECTION 22.14. Section 22.14 4.12(C) of the Mountain Iron City Code is hereby amended as follows:
Mashkenode 69-0725 and Manganika 69-0726 are hereby deleted in their entirety.
SECTION 7 AMENDING SECTION 22.14. Section 22.14 4.12(A) of the Mountain Iron City Code is hereby amended as follows:
The following Natural Environment Lakes are herby added:
Mashkenode #69-0725P
Manganika #69-0726P
Little Sandy Lake #69-0729P
Sandy Lake #69-0730P
SECTION 8 AMENDING SECTION 22.14. Section 22.14 4.13(F) of the Mountain Iron City Code is hereby amended as follows:
The following Tributary Streams are herby added:
Sandy River
Unnamed Tributary to Sandy Lake
Unnamed Tributary to Sandy River
Unnamed Tributary to Little Sandy Lake
Unnamed Tributary to Unnamed Tributary (to Sandy River)
SECTION 9 AMENDING SECTION 22.14. Section 22.14 5.12(A) of the Mountain Iron City Code is hereby amended as follows:
“A. On-site System Limiting Factor: The St. Louis County Individual Sewage Treatment Construction standards relating to lot area, setback and width standards shall also be complied with. These standards may result in lot area and widths larger than required by the specific dimensional standards listed in the above table. In those situations where the sanitary system limiting factors result in a larger lot size those standards shall be the applicable standards” is hereby replaced with the following “A. On-site System Limiting Factor: The Individual Sewage Treatment Construction Standards, as outlined in Section 37.03 of the Mountain Iron City Code, relating to lot area, setback and width standards shall also be complied with. These standards may result in lot area and widths larger than required by the specific dimensional standards listed in the above table. In those situations where the sanitary system limiting factors result in a larger lot size those standards shall be the applicable standards”.
SECTION 10 AMENDING SECTION 22.14. Section 22.14 5.12(C) of the Mountain Iron City Code is hereby amended as follows:
“C. Sanitary Check off: All land use permits issued within the shoreland area and parcels of less than 2.5 acres outside the shoreland area shall have the sanitary system reviewed to determine if the system is failing or if the proposed land use permit would adversely impact the existing sewage system or the expansion area for the sewage system. No land use permit will be issued if there is such an adverse impact or the system is failing unless the sanitary system is upgraded according to County standards with final approval given to the system by the County. The County shall develop administrative guidelines relating to the implementation of this procedure including provisions for not undertaking the check off when a system has been recently approved or reviewed by the County” is hereby replaced with the following “C. Sanitary Check off: All land use permits issued within the shoreland area and parcels of less than 2.5 acres outside the shoreland area shall have the sanitary system reviewed to determine if the system is failing or if the proposed land use permit would adversely impact the existing sewage system or the expansion area for the sewage system. No land use permit will be issued if there is such an adverse impact or the system is failing unless the sanitary system is upgraded according to City standards with final approval given to the system by the City. The City shall develop administrative guidelines relating to the implementation of this procedure including provisions for not undertaking the check off when a system has been recently approved or reviewed by the City”.
SECTION 11 AMENDING SECTION 22.14. Section 22.14 5.23 of the Mountain Iron City Code is hereby added and reads as follows:
“5.23 Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.”
SECTION 12 AMENDING SECTION 22.14. Section 22.14 5.82(B) of the Mountain Iron City Code is hereby amended as follows:
“B. All private sewage treatment systems shall be in conformance with St. Louis County Health Department current ordinances, standards and policies” is hereby replaced with the following “B. All private sewage treatment systems shall be in conformance with Section 37.03 of the Mountain Iron City Code”.
SECTION 13 AMENDING SECTION 22.14. Section 22.14 6.3(B) of the Mountain Iron City Code is hereby amended as follows:
“B. The governing body of the City of Mountain Iron contacts the St. Louis County Health Department to identify nonconforming sewage treatment systems. The City of Mountain Iron will require upgrading or replacement of any nonconforming systems identified by the St. Louis County Health Department within a reasonable period of time which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F.201, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency’s Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming.” is hereby replaced with the following “B. The City of Mountain identifies nonconforming sewage treatment systems and requires upgrading or replacement of any nonconforming systems within a reasonable period of time which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 103F.201, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by Section 37.03 of the Mountain Iron City Code, shall be considered nonconforming.”
SECTION 14 AMENDING SECTION 22.31. Section 22.31 of the Mountain Iron City Code is hereby amended as follows:
Subd. 2(D) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner’s designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.
Subd. 2(E) A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner’s designated representative and postmarked within ten days of final action.
SECTION 15 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 16 EFFECTIVE DATE. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 1st DAY OF MARCH, 2004.
______________________________
Mayor Gary Skalko
ATTEST:
_______________________________
City Administrator
03-03 Administrative Offenses
ORDINANCE NUMBER 03-03
ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1. PROCEDURES FOR ENFORCING ADMINISTRATIVE OFFENSES.
Subd. 1. Purpose. Administrative offense procedures established pursuant to this Section are intended to provide the public and the City of Mountain Iron with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain City Code provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures, in which event the City may bring criminal charges in accordance with law. Likewise, the City of Mountain Iron at its discretion may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty, which may be imposed, the City of Mountain Iron will seek to collect the costs of the administrative offense procedure as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
Subd. 2. Administrative Offense Defined. An administrative offense is a violation of a provision of the portions of the City Code presented in Exhibit “A” and is subject to the administrative penalties set forth in the schedule of offenses and penalties as set forth in Subdivision 9 of this Section.
Subd. 3. Any officer of the Mountain Iron Sheriff’s Department or authorized City employee shall, upon determining that there has been a violation, notify the violator. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
Subd. 4. Payment. Once such notice is given, the alleged violator may, within seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The payment shall be deemed to be an admission of the violation.
Subd. 5. Hearing. Any person contesting an administrative offense pursuant to this Section may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty within seven (7) days.
Subd. 6. Hearing Officer. A City of Mountain Iron employee or employees designated in writing by the Mayor and approved by the Mountain Iron City Council shall be designated individually or collectively as hearing officer. The hearing officer shall serve until such point the Mayor and City Council appoint a new hearing officer. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this Section.
Subd. 7. Failure to Pay. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes. If a penalty is paid and an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City of Mountain Iron for the same violation.
Subd. 8. Disposition of Penalties. All penalties collected pursuant to this section shall be paid to the City of Mountain Iron and deposited in the City’s General Fund.
Sudd. 9. Offenses and Penalties. Offenses which may be charged as administrative offenses and penalties for such offenses may be established by Resolution of the City Council from time to time. Copies of such Resolution shall be maintained in the office of the City Administrator.
Subd. 10. Subsequent Offenses. In the event a party is charged with a subsequent administrative offense within a twelve (12) month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by twenty-five percent (25%) above the initial administrative penalty, except as otherwise provided by Resolution.
SECTION 3. INCONSISTENT ORDINANCES. Any inconsistent Ordinance or parts thereof are hereby repealed and replaced with the provision of this Ordinance.
SECTION 4. REPEAL. Chapter 5, Administrative Hearings Board, of the Mountain Iron City Code is hereby repealed in its entirety and replaced with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF NOVEMBER, 2003.
Mayor Gary Skalko
ATTEST:
___________________________
City Administrator
EXHIBIT “A”
City of Mountain Iron Administrative Offenses
Tobacco Violations City Code, Chapter 12
Nuisance Violations City Code, Chapter 28
Nuisance Violations City Code, Chapter 52
Land Use Violations City Code, Chapter 22
Garbage Violations City Code, Chapter 57
03-02 Building Permits
ORDINANCE NUMBER 03-02
AMENDING CHAPTER 22 OF THE MOUNTAIN IRON CITY CODE
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1 AMENDING SECTION 22.32 SUBDIVISION 2. Section 22.32 Subdivision 2 of the Mountain Iron City Code is hereby amended as follows:
The line “Commercial Building permits shall be approved first by the Planning and Zoning Commission and then submitted to the City Council for final approval” is hereby deleted in its entirety.
SECTION 2 INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 1ST DAY OF APRIL, 2002.
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Mayor Mitchell Brunfelt
ATTEST:
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City Administrator
