ORDINANCE NO. 337
|ORDINANCE NO. 337
AN ORDINANCE ADDING BUILDING MAINTENANCE AND APPEARANCE TO PUBLIC NUISANCES AND
AMENDING SECTIONS 7.11.5 TO 7.11.11
OF THE MUNICIPAL CODE ACCORDINGLY
THE CITY COUNCIL OF THE CITY OF LESTER PRAIRIE HEREBY ORDAINS:
Section 1: The following section shall replace Section 7.11.5,
7.11.5 Public Nuisance Regarding Building Maintenance and Appearance.
Purpose and Intent: It is the policy of the city to enhance the supply of safe, sanitary and adequate housing for its citizens and to prevent the deterioration of existing housing in the city.
(1) Declaration of nuisance. Buildings, fences and other structures which have been 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. Adversely affect property values and neighborhood patterns; and
c. Are deteriorated and allow for an infestation of animals.
(2) Standards. A building, fence, accessory structure or other structure is a public nuisance if it does not comply with the following requirements.
a. No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards, timbers or building materials.
b. Every exterior surface must be maintained with a proper finish material to prevent deterioration of the structural members.
c. Every exterior surface that has a surface finish such as paint must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface including all door and window moldings, eaves, gutters and similar projections on any one side or surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of any one wall or to the flat surface.
d. No glass, including windows and exterior light fixtures, may be broken or cracked and no screen may be torn or separated from its moldings.
e. Exterior doors and shutters must be hung properly and have an operable mechanism to hold them securely closed or in place.
f. Roof surfaces must be secure and have no defects that admit water. All roof drainage systems must be secured and hung properly.
g. Chimneys, antennas, 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. A building’s foundation must be structurally sound and in good repair so as not to affect the safety of the structure.
Section 2: The following language shall replace Section 7.11.6 through 7.11.10 and add Section 7.11.11:
Subd. 1. Duties of City Officers:
(a) The City Clerk or other agent as designated by the City Council and all law enforcement officers employed or contracted by the City of Lester Prairie shall enforce the provisions of this ordinance relating to nuisances. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the maintenance of public nuisances.
Subd. 2. Procedure:
Whenever a designated agent charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the designated agent shall notify in writing the owner of record or occupant by certified mail or personal delivery of the premises of such fact and order that such nuisance be terminated or abated. If the owner of record or occupant fails to accept the mail, the designated agent shall post the letter on the premises. 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 designated agent shall report that fact forthwith to the City Council. Thereafter, the Council may, after notice to the owner or occupant of 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 upon the owner of record or occupant. Failure to comply with the Council’s abatement order is a misdemeanor violation and may be prosecuted pursuant to 7.11.11.
7.11.7 ABATEMENT NOTICE
Written notice of the 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 subdivision.
(a) Notice of Violation and Council Hearing
Written notice of a violation of this ordinance and the Council hearing shall be served by a designated agent charged with 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 the notice of violation, notice of violation shall be served by posting it on the premises and mailing a copy of the notice to the owner of the premises and at such address as shown on the records of the County Auditor of McLeod County.
(b) 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 Minnesota Statutes 463.17 (Hazardous and Substandard Building Act.)
(c) Notice of Motion for Summary Enforcement:
Written notice of any motion for summary enforcement shall be made as provided for in Minnesota Statutes 463.17 (hazardous and Substandard Building Act.)
7.11.8 EMERGENCY PROCEDURE: SUMMARY ENFORCEMENT
In cases of an emergency, where delay in abatement required to complete the notice and procedure requirements set forth in Section 6 and 7 above will permit a continuing nuisance to unreasonable endanger public health, safety or welfare, the City Council may order enforcement and abate the nuisance. To proceed with summary enforcement, the designated agent charged with 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 designated agent 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 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 Sections 6 and 7 above, and may order that such 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.
7.11.9 IMMEDIATE ABATEMENT
Nothing in Sections 6, 7 and 8 of this ordinance 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.
7.11.10 RECOVERY COSTS
Subd. 1 Personal Liability
The owner of the 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 and legal costs. As soon as the work has been completed and the cost determined, the City 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 Clerk-Treasurer. The City may recover by civil action against the owner and/or the person who committed or maintained the nuisance for all costs and expenditures, including attorney’s fees and a civil penalty, incurred by the City in abating or enjoining the nuisance or the City may assess such costs against the property as provided in Subdivision 2 below.
Subd. 2. Assessment
If the City of Lester Prairie is not fully reimbursed for all its reasonable costs incurred in the abatement or enjoinment of the nuisance or enforcement of this ordinance, all such unpaid costs, charges and fees may be assessed against each lot or parcel or property to which such costs, charges and fees are attributable. The City Council may direct that the costs, charges and fees be certified to the McLeod County Auditor for collection along with the current real estate taxes for the following year or in annual installments, not exceeding five years, as the Council may determine in each case.
Any person convicted of violating any provision of this Ordinance is guilty of a misdemeanor and shall be punished by fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus costs of prosecution in either case.
Section 3. This ordinance shall be in force and in effect from and after its passage and publication.
Adopted this 9th day of May, 2017.
CITY OF LESTER PRAIRIE
By /s/ Eric Angvall, Mayor
/s/ Marilyn L. Pawelk, Its City Clerk
Published in the Herald Journal May 15, 2017.