Ordinance Number 03-22
ORDINANCE NUMBER 03-22
AMENDING CHAPTER 96 OF THE MOUNTAIN IRON CITY CODE
THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:
SECTION 1. AMENDMENTS. The text of Chapter 96 of the City Code is hereby repealed in its entirety and replaced with the following:
- 96.15 PUBLIC NUISANCE.
A person must not act or fail to act, in a manner that is or causes a public health nuisance per Minnesota Statutes. For the purpose of this ordinance, a person that 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; or
(B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or
(C) Does any other act or omission declared by law or this ordinance to be a public nuisance.
Penalty, see § 96.99
(Reference: Minnesota Statutes 609.74 and 609.745)
- 96.16 PUBLIC NUISANCES AFFECTING HEALTH.
“Public health nuisance” means any activity or failure to act that adversely affects the public health. A public health nuisance is generally related to conditions that may affect one’s health or cause a disease.
(Reference: Minnesota Statues 145A.02, Subd. 17)
A public health nuisance can be assessed and documented using the following questions:
(A) Does the condition affect the Public or is it private? (i.e., if it affects only one individual it is reasonable that other public will be affected)
(B) Does the condition affect Health? (i.e., is there a real or potential health risk?)
(1) Can the condition expect to cause transmission of disease?
(2) Does the condition cause or potential to cause trauma or injury to the public?
(3) Does the condition constitute or is there a potential for the condition to cause an exposure to hazardous elements or substances that could adversely affect the health of the public?
(4) Is the subject of the complaint unsafe or potentially unsafe structural or environmental condition?
(C) Does the problem require enforcement action?
(D) Is the problem specifically addressed in a local ordinance or in a State Statute?
(E) Is the specific provision enforceable by a legal entity other than the City of Mountain Iron?
(F) Will the City refer the problem to another entity or abate using its legal authority to do so?
(G) Is the problem resolved?
(Reference: Minnesota Department of Health (MDH) State Community Advisory Committee, Controlling Public Health Nuisance: A Guide for Community Health Boards, January 1992)
The following are hereby examples 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 Minnesota Department of Health (MDH) defined contagious disease;
(K) Property with Clandestine labs that manufacture methamphetamine
(L) Meth use structure if the surface methamphetamine contamination is above the California standard of 1.5 μg/100 cm²; and
(M) Any offensive trade or business as defined by statute not operating under local license.
(N) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of animals or vermin, or the rank growth of vegetation or water among the items so accumulated, Sections 96.18, 96.21
(O) Inoperable Motor Vehicles, Section 96.20
(P) Hazardous buildings or property, Section 96.21
(Q) Environmental hazardous materials and petroleum spills
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 and permitted 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, sex trafficking, gambling houses, houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor and/or 3.2 malt 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 and/or 3.2 malt liquor, or where intoxicating and/or 3.2 malt 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 and/or 3.2 malt liquor, or for promiscuous sexual intercourse, sex trafficking 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 twenty-four (24 )hours after the snow or other precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
(C) All wires and limbs of trees 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) 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.
(F) 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;
(G) Radio aerials or television antennae erected or maintained in a dangerous manner;
(H) 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;
(I) 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;
(J) 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;
(K) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;
(L) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
(M) Waste water cast upon or permitted to flow upon streets or other public properties;
(N) 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;
(O) 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;
(P) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials;
(Q) 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;
(R) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(S) Reflective glare or light from private exterior lighting exceeding 0.5 foot-candles as measured on the property line of the property where lighting is located when abutting any residential parcel and one (1) foot-candle when abutting any commercial or industrial parcel; and
(T) All other conditions or things which are likely to cause injury to the person or property of anyone.
(U) Prohibited Noises effecting public health, safety, peace or welfare:
(1) Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific restrictions of this section.
(2) All obnoxious noises, motor vehicles or otherwise in violation of Minn. Rule Chapter 7030, as they may be amended from time to time are hereby incorporated into this ordinance by reference;
(3) The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise;
(4) The discharge of exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle (ATV), snowmobile or any other recreational device except through a muffler or other device that effectively prevents load or explosive noises therefrom and complies with all applicable state laws and regulations;
(5) Any loud or excessive noise in loading, unloading or unpacking of any vehicle; and
(6) The use of operation, or permitting the use of operation of any radio set, television set, sound system, musical instrument, music device, paging system, machine or other device for producing or reproduction of sound in a distinctly and load audible manner so as to disturb the peace, quiet and comfort of any person nearby.
(7) 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.
(8) 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.
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:
(1) obstructs views on streets and private property,
(2) creates cluttered and otherwise unsightly areas,
(3) prevents the full use of residential streets for residential parking,
(4) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited,
(5) decreases adjoining landowners’ and occupants’ enjoyment of their property and neighborhood, and
(6) 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.
Penalty, see § 96.99
- 96.20 INOPERABLE MOTOR VEHICLES.
(A) Declaration of Nuisance. 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.
(B) Inoperable Motor Vehicles. 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.
(C) Screening. 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.
Penalty, see § 96.99
- 96.21 HAZARDOUS BUILDINGS AND PROPERTY.
(A) Declaration of nuisance. Hazardous building or hazardous property means any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions, or abandonment, constitutes a fire hazard or a hazard to public safety or health.
(B) Standards.
(1) A building, fence or other structure is a public nuisance if it does not comply with the following requirements:
(a) No part of any exterior surface may have deterioration, holes, breaks, gaps, lose or rotting boards or timbers.
(b) Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of:
(i) Any one wall or other flat surface; or
(ii) All door and window moldings, eaves, gutters, and similar projections on any one side or surface.
(c) No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings.
(d) Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place.
(e) Cornices, moldings, lintels, sills, bay or dormer windows and similar projections must be kept in good repair and free from cracks and defects that make them hazardous or unsightly.
(f) Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly.
(g) Chimneys, antennae, air vents, and other similar projections must be structurally sound and in good repair. These projections must be secured properly, where applicable, to an exterior wall or exterior roof.
(h) Foundations must be structurally sound and in good repair.
(2) A property is a public nuisance if it does not comply with the following requirement:
(a) Evacuation site that is filled to grade or otherwise protected within six (6) months after building is destroyed, demolished or removed or building erection within six months of evacuation.
(b) Free from discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of animals or vermin, or the rank growth of vegetation or water among the items so accumulated.
Penalty, see § 96.99
- 96.22 DUTIES OF CITY OFFICERS.
The City Administrator with assistance from local law enforcement shall enforce the provisions relating to nuisances. Local law enforcement or other designated city official 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 law enforcement personnel or city official 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 local law enforcement has obtained a warrant or order from a court of competent jurisdiction authorizing the entry.
A city or law enforcement officials may use a cell phone or digital camera to record inspections. Pictures should be saved in a secure manner per City policy.
Documentation of the complaint, inspection, and resolution will be recorded on the City of Mountain Iron Incident/Complaint Request Report. Reports will be filed with the City Administrator.
The City Administrator will inform the City Council of public nuisance complaints, inspections and resolution. The City Attorney is notified whenever legal questions arise.
- 96.23 ABATEMENT.
(A) Procedure. Whenever local law enforcement or designated city official determines that a public nuisance is mandated or exists on the premises in the city, the official shall notify in writing the owner of record and occupant of the premises in writing of such fact and order the nuisance be abated.
If the notice of violation is not complied with within the time specified, the City Administrator 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.
(B) Notice. The written notice of violation shall specify the public nuisance and Minnesota Statute violated, location of the nuisance and a description of the real estate (street address, city address and/or St. Louis County parcel code number), remedial action required to abate the nuisance, abatement deadline, information about the Appeal Rights if property owner disagrees with the public nuisance determination.
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 local law enforcement on the owner of record or occupant of the premises either in person or by certified 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 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) and M.S. .§ 412.221 (Specific Powers of Council) 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.
(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 City Administrator or local law enforcement 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 City Administrator shall notify in writing the occupant and 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 and 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.
(E) Unlawful parties or gatherings. When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under §96.18. Local law enforcement may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort for the disturbance is stopped.
(F) Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
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 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.
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.
(A) All notices are to be in writing and all filings are to be with the City Administrator.
(B) 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. The Fire Chief, Fire Marshal 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 be 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 or Fire Marshal 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 or Fire Marshal 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 Fire Department, local law enforcement, Minnesota Pollution Control Agency (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 or Fire Marshal. 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 or Fire Marshal, 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
SECTION 2. INCONSISTENT ORDINANCES. Any inconsistent Ordinances or parts thereof are hereby repealed and replaced with the provision of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance becomes effective on the date of its publication, or upon the publication of a summary of the Ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time.
DULY ADOPTED BY THE CITY COUNCIL THIS 17th DAY OF OCTOBER, 2022.
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Mayor Peggy Anderson
Attested:
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City Administrator
