Loading...
City Council Ordinance 496ORDINANCE NO. 496 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 OF THE MONTICELLO CITY CODE CONCERNING PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1: Section 7-1-1 of the Monticello City Code is amended as follows: 7-1-1: ACTIVITIES, BUSINESS PROHIBITED: This provision is deleted. Section 2: 7-1-1: GENERAL POLICY: It is determined that the uses, structures, activities and factors described with this chapter, if allowed to exist, will tend to be harmful to the public welfare, safety, and morals. No person shall maintain or permit to be maintained any public nuisance identified within this chapter on property in the city that is owned, leased, rented, occupied, or otherwise in the control of such person. Section 3: 7-1-2: EXCEPTIONS: This provision is deleted. Section 4: 7-1-2: DEFINITIONS (A) PREMISES: For purposes of this section, premises shall include any yard, lot, parcel, sidewalk, boulevard, street, highway, alley, park, playground, restaurant, cafe, church, school, any car or other motor vehicle, parking lot, drive-in, building used for business, commercial, or industrial purposes, washroom or lavatory, apartment hallway or other location whether public or private in the City of Monticello. (B) PUBLIC NUISANCE: Whoever by act or failure to act does any of the following is guilty of maintaining a public nuisance: 1. Annoy, injure, or endanger the safety, health, comfort, or repose of the public. 2. Offend public decency. 3. Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay, stream, basin, public park, square, street, alley or highway. 4. In any way render a considerable number of persons insecure in life or in use of property. (C) TERMS DEFINED IN OTHER CODES: Where terms are not defined this chapter but are defined in the International Property Maintenance Code (IPMC) or elsewhere in the City Code, such terms shall have the meanings ascribed to them as stated in those codes. Section 5: 7-1-3: PUBLIC NUISANCE: This provision is deleted. Section 6: 7-1-3: PUBLIC NUISANCE UNLAWFUL: It shall be unlawful for any person, firm, corporation, or association to maintain any public nuisance defined in this chapter and it shall further be unlawful to do any act that is defined as a public nuisance in this chapter. Section 7: 7-1-4: ENFORCEMENT: This provision is deleted. Section 8: 7-1-4: PUBLIC NUISANCE: (A) Misdemeanors: The following nuisances are declared to be misdemeanors: 1. Unwholesome substance that is brought in, deposited, left, dumped, or allowed to accumulate within the city. 2. Junk Vehicles. A "junk vehicle" is a vehicle without a valid current license, or without a valid current registration (if applicable), or which is apparently inoperable located outside an enclosed building in a residential area including, but not limited to, automobiles, trucks, motorcycles, snowmobiles, trailers, all -terrain vehicles and watercraft. 3. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. 4. Garbage and Rubbish. (a) All household garbage, offal, dead animals, animal and human waste, and waste materials. (b) Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. (c) Accumulations of clothing and any other items not designed for outdoor storage. 5. Non -trash items. (a) Accumulations of wood pallets. (b) Accumulations of vehicle parts or tires. (c) All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous uninterrupted basis. (d) All appliance or appliance parts. (e) All indoor or upholstered furniture of a type of material which is deteriorated by exposure to outdoor elements. (f) All other non -trash items which: (i) Are of a type or quantity inconsistent with the normal and usual use; or (ii) Are of a type or quantity inconsistent with then intended use of the property; or 2 (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. 6. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage. Sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground; provided, that the use of manure and phosphorous fee fertilizer in the normal course for agriculture or horticulture is permitted. 7. Engaging within the city in any trade or employment which is hurtful to the inhabitants or dangerous to the public health, or injurious to neighboring property, or from which obnoxious odors arise, or undue noise emanates, and specifically no person shall operate a dump or garbage dumping area or rendering plant except such specific activity be authorized by the issuance of a permit as hereinafter provided. 8. Causing or permitting garbage, tin cans, or refuse to be thrown or scattered upon any street, alley, highway, parkway, boulevard, or real estate. 9. Causing or permitting detached structures not requiring a building permit that do not conform to the following requirements: (a) All such detached structures shall be constructed of uniform building grade material. (b) All sides, roof, and floor shall be securely fastened to the interior frame of said detached structure. (c) All surfaces of such detached structures shall be stained, sealed, or painted. (d) Exterior metal surfaces shall be treated with materials designed to resist corrosion. (e) Structures that do not have slab floors shall have a rodent barrier that extends eight (8) inches under the surface of the ground along the perimeter of the outside wall of the structure. (f) All such detached structures shall be permanently anchored to the ground. (g) Storage sheds erected after the adoption of the zoning ordinance shall meet district setback requirements. (h) Detached structures shall be erected in the side or rear yard of any residence. 10. Consumption of beer, wine or liquor in public except as provided by law. 11. Strewing, scattering, littering, throwing, or disposing of any garbage or refuse onto any premises except into receptacles provided for such purposes. 12. Marking with ink, paint, chalk, or other substance, or posting handbills on, or in any other manner defacing or injuring any public or private building or place within the city, or marking, defacing, or injuring fences, trees, lawns, or fixtures appurtenant to or located on 3 the site of such buildings, or posting handbills on such fences, trees, or fixtures, or place a sign anywhere on any such site except as permitted by the owner thereof. 13. Lingering about the doorway of any building, or sitting or lingering upon the steps, window sills, railing, fence, or parking area adjacent to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant. 14. Obstructing pedestrian or vehicular traffic or otherwise causing an obstruction or interference with premises or rendering any premise dangerous for passage except in cases of emergency. 15. Failing or refusing to vacate or leave any premises after being requested or ordered, either orally, in writing, or by posted sign, to do so by the owner, agent, manager, or person in charge thereof, or by any law enforcement agent or official, and also the return at any time thereafter to any such premises after having been so requested or ordered to vacate or leave such premises. 16. Maintaining nuisance vegetation as follows: (a) In any area the existence of any noxious or poisonous vegetation such as poison ragweed or other poisonous plants, or any weed, grass, brush, or plants which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. (b) In any area within 100 feet of the nearest building, the existence of weeds or grass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. (c) In any area on an occupied lot the existence of weeds or grass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. 17. All other conditions or things that are likely to cause injury to the person or property of anyone. (B) Petty Misdemeanors: The following nuisances are declared to be petty misdemeanors: 1. Racing the motor of any motor vehicle so as to cause unnecessary and unreasonable noise. 2. Causing, producing, or creating any unnecessary and unreasonable notice by shouting, mechanical means, the blowing of motor vehicle horns, or any similar noise. 3. Improper or annoying use of spot lights onto persons or premises. 4. Using profane, abusive, indecent, or threatening language in public. 5. Occupying a standing motor vehicle in an area generally reserved for parking or occupies a standing motor vehicle while the vehicle is double parked. Section 9: EXCEPTION: The provisions of this chapter do not apply to the hauling or accumulation or spreading of manure for the purposes of agriculture provided the CH public health, safety, and welfare is not adversely affected thereby. Section 10: ABATEMENT: (A) Notice. Whenever the officer who is charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify the owner and occupant of the premises of such fact and order that such nuisance be terminated and abated. The owner of the property will be determined as shown by the records of the office of the County Recorder. The notice shall be served in person or by regular mail. If the premises is not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding seven (7) days for any grass or weed nuisance and not exceeding thirty (30) days for all other nuisances, to either correct the violation or appeal to the City Council for a determination that the complained of activity does not violate the ordinance. (B) Accelerated abatement. For second or successive violations concerning grass, weeds and other vegetation in a calendar year, the City will post a notice of violation on theproperty providing that if the violation is not corrected within 48 hours after such posting, the City will, without additional notice, correct the conditions creating such violations and assess the cost therefore against the property. (C) Recovery of Cost: The owner of the premise on which a nuisance has been abated by the city shall be personally liable for the city's cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the council 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. (D) Assessment. If the nuisance is a public health or safety hazard on private property, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect -infected trees, the city clerk shall, on or before September 1 next following abatement of the nuisance list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The council may then spread the charges against such 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 council may determine in each case. Section 11: PENALTY: Violation of this chapter shall have the penalties provided in 5 Section 7-1-4. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue. Each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. Section 12: This Ordinance shall be effective immediately upon its passage and publication. Adopted by the City Council of the City of Monticello this 23rd day of March, 2009. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator D ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 OF THE MONTICELLO CITY CODE CONCERNING PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. Section 7-1-1 of the Monticello City Code is amended to read by adding the underlined language and deleting the str-il language: MILTANNIF Lb INN_ \ 0low0'0 0 No unwholesome substance, ., age, refine, offeror oimilar s"1' -e shall be brought, deposited, left, dtimped, or allowed to cumulate-withi their purpooes of this seetion of the City era;rnnees entitled �I CI VV "Public Nuis nees"refus-e-Shall incl `,ctieT'ut not be limited to the fellw44.4, or oimilar ;toms rater -e or parked ou-tsidei. 1. Tcr�r4liFEle. 4 vol,; lo without n valid e„rro„t h r.onno Or without nvalid eul I%,ntration (if appheab e), ,zrior inh to appnr �J �J1 inopefa1-,le loe to tside a enclose 1•.,,Adi tea in a residential nron inel t not to&atomeb len �ieks motofe e e GI , 7 , , rrI .�7�I'OT�T�i� vlv.�, snowmobiles, r.owmob; len tfailefn l terrain � �ehielen and,irntornrnft �a� Te 2. Al•1violation 0' Prohibited � • • seven • • ays -Arr-itten not ee Of vInvate'Xhieh ' / or any eons itiefis vielation of this eode seetion exist. The owner- of the pr-opet4y will b deteiqnined as shown by the feeer-ds of the offiee of the County ReeE)fd The City may r-emove seeh matter- or- eerreet any eenditions in violation, Additionally, • .• may • seek injunetive relief • . • .this seetion. Ownersi : ..• • • •.1 OJLJLI-L-L�-i • i : Fe eved ffem all exterior- areas of all residential pr-opeffies the fell ;a) Pest hnrberniro All ovtat-ter propertc, ohall 0e ffe•em rodent hafbernge and infestation. Boxes, lumber-, scrap metal, andsimilar materials ohall not be allowed chum to ettside n strum„ �AIi1 LSLI'�i{.KlV 111 and approved fe f exte.... Jtefage chaff be nea4l y ntnr.k 143992v4 (b) Trac,l,, and n debris. {) ��1'nlee�ehe' g l�ane, „ffnl' A - anima , animal human `c srv,te, and n waste nter, (ii) A nn„m„latiens of litter' glass, scrap materia ls (c.*e woo al, paper, andp! c/j), jun', eenib stible materials, stagnant -water-, plastie Macrs or trash. (iii) A nnum„latiens of nl„t1,ing ar,i-1 any other items ,,,,t designed for- eu4deer- storage. [r) Nar, trash items. 0) A nn„m„l ati ens of wood oo pallets--. 11 1 411) Aeet ti.,�vehi . (iii) All ,,,,nstfueti „„ .,,,,-i buil4ing materials unless sue-h materials are being used at the time i,,, the eenstmetio of n building, in whieh ease c,,,e ., eenstrntie li r:mst e unintefrupted basis. 1 applia . (y) All indoor or uph„lstered fuf it„re of a type of motarint ,c�V� rieh is deteriorated by expes , e to eutdoof 1 Vlll Vil{.U. i) All nil, er r,_r, traoh ltemn ci �l�,ie � (Y (1) Aro of n type or quantity is�i ensiste t withth 1 t normal and uoual use; -er \Z• Ti end e�� Glee 111V,� I (33) Aro likely o ^bsty,nt�r +m�Fe�� sync.n�,rro"G`T�•7�����rvov�Tr�.1�a.atl�tnr om orRor, nc� s�arcv�r�s�ol V1 fire Vl other- vulva } one f personnel.. (d) rectilizer a„d burial of waste.To per-son shall l�", ep u nnGT,LLl to he p aned-On any a private ground any , waste debris n or other- c ubstanee or matter cc.l�,ie is ��J�[�T�%ZjT�/��Cii�/�i���lii V Vl 111KL1}V�1 ♦1111 V11 lU offensive or unhealthy by rlenemr�ec,i ti on unlessthe same be bur-ierl at least feeunder- the stiffaee ofground; that the „,,e "f manure and n phosphoreus fee feftilizer-in the „e,•mal eoufse for- t„re or her -ti et l t, i n raerrv, i tteil • �G'GCiL�rCil7LTi (B) A publi�r_ ue-againstthe order- nd eeenemy of stat and een istc, ^ funlawf lly doing an ant er emitting to per- fef , a rl„tc, whi-eh an ant or emission, shall. 1 . 7 Z. 143992v4 Anney, injUrle, o endanger- the safety, health, nem feet, or V repese n� V V V 1 erabla ntffnber of per-sons. i • • i ' i • • I i . i • i • i • � r ► i 3 143992v4 I 5. E�ietufes that do not have slab fleern ohall have a redont barrier that exte�rl7CTS'8 ineihes under the s ,dare of the Fo ,rid along _i�n JL o eter-of the Buts de wall of stmet„ro. 6. All sueh detaehed stfuetur-es shall be pefmanently a,,eher—ed to the 7. Eter-age-sheds ereeted-after- the -adopt of shall meet dist»;^t nethaek rer1.,,,;reme AR_. 4v. DetectedstfuEtffesshall be eGTeeeted in the nide or rear card of any ren; d er, ee 7-1-1: GENERAL POLICY: It is determined that the uses, structures, activities and factors described with this chapter, if allowed to exist, will tend to be harmful to the public welfare, safety, and morals. No person shall maintain or permit to be maintained any public nuisance identified within this chapter on propertv in the city that is owned, leased, rented, occupied, or otherwise in the control of such person. SECTION 2. Section 7-1-2 of the Monticello City Code is added to read by adding the underlined language and deleting the st-Filehrett language: 1-2: E rEurrrn�rE: The stere,,;n;QRS e f this ^l-ar�ter do n"ply to the hn„l;nrt er aeespfeadingmanur-enth , Mural and-uoual T ae 1'17��eeumulatie r„ of bb; s ffem one fe�rid.Cenee on the o�V=i^neGr's own r- ' ey ed t lie health to vent adyernel y a-tte^ted thereby. 7-1-2: DEFINITIONS: (A) PREMISES: For purposes of this section, premises shall include any yard, lot, parcel, sidewalk, boulevard, street, highway, alley, park, playground, restaurant, cafe, church, school, any car or other motor vehicle, parking lot, drive-in, building used for business, commercial, or industrial purposes, washroom or lavatory, apartment hallway or other location whether public or private in the City of Monticello. (B) PUBLIC NUISANCE: Whoever by act or failure to act does anv of the following is guilty of maintaining a public nuisance: 1. Annoy, injure, or endanger the safety, health, comfort, or repose of the public. 2. Offend public decency. 3. Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay_ , stream, basin„ public park, square, street, alley or hiaway. 143992v4 4 4. In anv wav render a considerable number of _persons insecure in life or in use of propertv. (C) TERMS DEFINED IN OTHER CODES: Where terms are not defined this chapter but are defined in the International Property Maintenance Code (IPMC) or elsewhere in the Citv Code, such terms shall have the meanings ascribed to them as stated in those codes. SECTION 3. Section 7-1-3 of the Monticello City Code is amended to read by adding the underlined language and deleting the stfike4weu language: 7-4-3- PUBLIC NUISANCE-- A AT!''E (A) Misdeme N)<Tl-, fs. eeyernewlvv,itc. any o fr; r, the following ants is pilty of l` 1 misdpV� nnyie+;,^�r, shall leo punished un s t mete than le +o manimiln, uim penalty fe f n m,si'1em r as pfesefibed by ate !a -A,-; (~erl clllmrct; Irl ofir,tev;anti r, rr l;i,,,or or non ;rltrlv;nat;r, n• n i liquor- 1 p puha or- in other - planes prohibited � Y1S 7_law exeept as pr-eyide by �i1L1VV Vl. WU V1V ,1KVk VT 1K r. . 1 1 2. Ftr-ei�pr--,�-r�,n watt tl,rocc ing or- dispesing of an " ---fir - > littering, � garbage nr refuse e rcte any rcrom;t. oc. ev ner+t i„te ronovtael�rctnnl oc. p oh purposes: 3. Markingwith ink, paint, -chalk, or other- s4stanee, or- »„^ting handbillo on, r�r ;,, ar,cr oth er manner rle fan;ng or r, ;i„rrcir ; any publie or private building ^r "lane w thin the-camy, or markifig-, ++p,��o�r�in}j�ur�n�e�es; tee^, ln,crr^, or f;vt„ro^ .,rr,,,rto,,,,nt te orTeeated on the site of suet, buildings, s oY posting handbills eft � �n� �p��p -� rr��•. , J Vll ^�chfeftees, trees, or- t,vtefesi or plane a sign a yy iere on any sue site evnept as permitted by the ow er thereof-. n,[ J��rC��/�t�/�/{� 111111�1�Vti V / bi1V V l� 11 V1 411vi Vvi. Din , lingering upon the steps, window oillo, miling, fence, or park; n area adjacent to any building i muni•, n manner - as to .-lbstfu �r 11 W 111 Wllll Vl WV VV VVVvi Mv.. Va rcnrtlnlly obstr„nt ingress to nr egress from ouoh building er- in sue a manner --4o annoy the owner- or- nnczapant: 5. Obstruetifig pedestr;ar, or. rehieulartfaffie or- ethercc is Hann;», it -Tan obs�V VKKV111G �..' rendering any J 111 /r��!1/� 1 V �-1V ar,/7eYAll[l r'Y passage eVnerct in eases /17' emeY/teYlncr 111V1 Gene I . 6. Failing fusing to V14`eol 1Va.7e n/� rises after- being 1 fequested or- ordered, either- , ' , or by p9sted sign, to do so by agent, m per-son r-so Lir+ e e tl•,er f of. ili�mrP [�GTT��ZZ-�r�111GLr l.11 V i V V 1, V 1 143992v4 by any law enfefeement agent er effieial, and also 4.e return at any ti e thereafter - +A any S lGh '.rSlrrGeTmIIT. ses after having a i g been se req„esten or ordered to + ��� . pet+,r, M;saemenr,oro. hAe,rer _eommits any of petty (shall misderne n�� d 77Y1AY1 nAttLT�/fi�be punished no a. guilty of a fn ere than th manim . 1. Dao and up,&eeas'l7nab a r, A * , 3. Causes,preaA.auees, o ea a tes any un mess ry and n unreason n�� e Y, by [shouting, ho ti g, 1Y1eeha iea means, the blowing A' Ai motor c rehie a hAYHn Ar any other similar - 19 AiC�e 3. Improper -or ann . Uoing pre > abusive, indeeent) + �Ar+reatening,a.ai�i�a.a bwAV aaa 1 �7 b c 7 eeup; es ., standing ta d ra (7 Arater , eh nl o in an *]rA!] ge er-a l c r r-ese 'L,ed feY parkin o eeeupies a standing meteryehiele-while the—yc ie)lc i -s o parked r+ Anoc. At in nen r v�remic�ec� c.ti,n�� ;ra n�„�e nt1 �_Ls_r_�].rd, �C; 1 see. or purposes of seed ses m , r� reel, sidewalk, beelen n card, otreet, highway, alley, par— ygroun� restaurant, a fe, ehtireh, seheel, , ea or---ot�IG'r rae Ar c reh nl e, par-king �o in, bung -used for bl,[,; r' mereial, or indu �tf purposes, wash oor Ar 1 N,a ' apartment hallway or GGTT . L�-� ""Z-�L /^� (� ` other 1V vwasval pub in or priiLiLa,(..Z in the ■ �ity At � entieello whether- ll���V/ 111111 rT�TO V11V. 7-1-3: PUBLIC NUISANCE UNLAWFUL: It shall be unlawful for any person, firm, corporation, or association to maintain anv public nuisance defined in this chapter and it shall further be unlawful to do anv act that is defined as a public nuisance in this chapter. SECTION 4. Section 7-1-4 of the Monticello City Code is amended to read by adding the underlined language and deleting the strikedirou language: 7 1 ' - ENFORGEMENTi. A) Any v+orsAra A,cm;v,n nra&Ar Ann„rccr;rarr property within the eit y ccrtiaere aefivities deseribed in subsee • ns / 1 , kr \' �D), and -(L) are in viol ie of this ordinanee shall be senotifiedrrt}ng by the City of fi cr;Aln+;Ara �cr nei-*;�e� mn;� nra� given seven (7) days 4A either nArren+ 4�e 11��___.__ � J ________� _______ ______ /off_ . ___ � _ /-� ___ `_1� L_- _-� _ - _ L L all` �r1iela appeal to the City t 1 ■ ou n;l for n �10rermina*;Ail that 4�A eemplained of aetivity does not violate ordinanee. 143992v4 An appeal to the _ ty Counc/il io if the pe n in `.;„ l.,tion filen w request to be c }�ed ori the ne t City Get nn;l agendn�p purposes of�the Gouneihearing 'the appeal No f;,,.thnr nnt;en shall them be take by t v City until such time as the City rau eil Shall determine that nyieli,+;eta does exist. Any party r y nnr/ rieye bs�Ln}}�jd�peei-3_�i.own hereunder- by the City +} Minnesota, within thirtyi ,,cs of the Couneiles doeiTJTrrif after - seven ^%) days of +�,o nit;nv „f cr;ni2t;„r, the ,.,ornon In x,;"l^t;e of'this n.rd;nanee r fads to eeffeet the violation or appeal to the y Getineil, e City shall et 1. petition the-Distriet Getn4for- eivil relief from the yiel tion; er remove and dispose of the material oreating the violation .,n assess the n„nt of elea =,prom„;,al, and disposal against property where n„nh aetiy ty in yielntnlo this Ord;nane ekpd 0vt For- esons of 1 1 (C) (D) and (E) the City ne d only provide tz G pe son in violation thereof one n in an), er n 12 month period. iTCtS�tTCr a netice and within 12 months of suoh ne'tiee repeated violations oeeuf, the City, without additional noti , mainerront the nor, d;t;r, �n nront; r, nr n„n� vielations and assess the eest therefore against the property where see 7 7 ' (B) PENALTY. T 'TV. Any per -sore whe viol rates any entre provisions of tl,;n erd;nanee to m„lty of a mia erne nee and upon eenvietion shall punished not raefe than the -i10 maximum penalty for „ misdemeanor nn pfeser-ibed by state law. 7-1-4: PUBLIC NUISANCE: (A) Misdemeanors: The following nuisances are declared to be misdemeanors: 1. Unwholesome substance that is brought in, deposited, left, dumped, or allowed to accumulate within the citv. 2. Junk Vehicles. A "funk vehicle" is a vehicle without a valid current license, or without a valid current registration (if applicable), or which is apparently inoperable located outside an enclosed building in a residential area including, but not limited to, automobiles, trucks, motorcvcles, snowmobiles, trailers, all -terrain vehicles and watercraft. 143992v4 7 3. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. 4. Garbage and Rubbish. (a) All household garbage, offal, dead animals. animal and human waste, and waste materials. (b) Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. (c) Accumulations of clothing and any other items not designed for outdoor storage. 5. Non -trash items. (a) Accumulations of wood pallets. (b) Accumulations of vehicle parts or tires. (c) All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous uninterrupted basis. (d) All appliance or appliance parts. (e) All indoor or upholstered furniture of a type of material which is deteriorated by exposure to outdoor elements. (fl All other non -trash items which: (i) Are of a type or quantity inconsistent with the normal and usual use, or (ii) Are of a type or quantity inconsistent with then intended use of the property; or (iii) Are likely to obstruct or impede the necessary passage of fire or other emergencv personnel. 6. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground anv garbage. Sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground, provided, that the use of manure and phosphorous fee fertilizer in the normal course for agriculture or horticulture is permitted. 7. Engaging within the city in any trade or employment which is hurtful to the inhabitants or dangerous to the public health, or injurious to neighboring property, or from which obnoxious odors arise, or undue noise emanates, and specifically no person shall operate a dump or garbage dumping area or rendering plant except such specific activity be authorized by the issuance of a permit as hereinafter provided. 143992v4 8 8. Causing or permitting garbage, tin cans, or refuse to be thrown or scattered upon any street, alley, highway, _parkway, boulevard, or real estate. 9. Causing or permitting detached structures not requiring a building permit that do not conform to the following requirements: (a) All such detached structures shall be constructed of uniform building grade material. (b) All sides, roof, and floor shall be securely_ fastened to the interior frame of said detached structure. (c) All surfaces of such detached structures shall be stained. sealed, or painted. (d) Exterior metal surfaces shall be treated with materials designed to resist corrosion. (e) Structures that do not have slab floors shall have a rodent barrier that extends eight (8) inches under the surface of the ground along the perimeter of the outside wall of the structure. (fl All such detached structures shall be permanently anchored to the ground. (g) Storage sheds erected after the adoption of the zoning ordinance shall meet district setback requirements. (h) Detached structures shall be erected in the side or rear vard of any residence. 10. Consumption of beer, wine or liquor in public except as provided by law. 11. Strewing, scattering, littering, throwing, or disposing of any garbage or refuse onto any premises except into receptacles provided for such purposes. 12. Marking with ink, paint, chalk, or other substance, or posting handbills on, or in any other manner defacing or iniuring any public or private building or place within the city, or marking, defacing, or iniuring fences, trees, lawns, or fixtures appurtenant to or located on the site of such buildings, or posting handbills on such fences, trees, or fixtures, or place a sign anywhere on any such site except as permitted by the owner thereof. 13. Lingering about the doorway of any building, or sitting or lingering upon the steps, window sills, railing, fence, or parking area adi acent to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant. 14. Obstructing pedestrian or vehicular traffic or otherwise causing an obstruction or interference with premises or rendering_ any premise dangerous for passage except in cases of emergency. 15. Failing or refusing to vacate or leave anv premises after being requested or ordered, either orally, in writing, or by posted sign, to do so by the owner, agent, manager, or person in charge thereof, or 143992v4 9 by any law enforcement agent or official, and also the return at any time thereafter to any such premises after having been so requested or ordered to vacate or leave such premises. 16. Maintaining nuisance vegetation as follows: (a) In any area the existence of anv noxious or poisonous vegetation such as poison ragweed or other poisonous plants, or any weed, grass, brush, or plants which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. (b) In any area within 100 feet of the nearest building, the existence of weeds or grass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. (c) In any area on an occupied lot the existence of weeds or Vass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. 17. All other conditions or things that are likely_ to cause iniury to the Person or moperty of anyone. (B) Petty Misdemeanors: The following_ nuisances are declared to be petty misdemeanors: 1. Racing the motor of anv motor vehicle so as to cause unnecessary and unreasonable noise. 2. Causing, producing, or creating any unnecessary and unreasonable notice by shouting, mechanical means, the blowing_ of motor vehicle horns, or any similar noise. 3. Improper or annoying use of spot lights onto persons or premises. 4. Using profane, abusive, indecent, or threatening_ language in Public. 5. Occupving a standing motor vehicle in an area generally reserved for parking or occupies a standing motor vehicle while the vehicle is double parked. SECTION 5. Section 7-1-5 of the Monticello City Code is added to read by adding the underlined language and deleting the strike'4eti language: 7-1-5: EXCEPTION: The provisions of this chapter do not apply to the hauling or accumulation or spreading of manure for the purposes of agriculture provided the public health, safety, and welfare is not adversely affected thereby. SECTION 6. Section 7-1-3 of the Monticello City Code is added to read by adding the underlined language and deleting the striket4eu language: 7-1-6: ABATEMENT: 143992v4 10 (A) Notice. Whenever the officer who is charged with enforcement determines, that a public nuisance is being maintained or exists on premises in the city, the officer shall notifv the owner and occupant of the premises of such fact and order that such nuisance be terminated and abated. The owner of the property will be determined as shown by the records of the office of the County Recorder. The notice shall be served in person or by regular mail. If the premises is not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specifv the steps to be taken to abate the nuisance and the time, not exceeding seven (7) days for any grass or weed nuisance and not exceeding thirty (30) days for all other nuisances, to either correct the violation or appeal to the City Council for a determination that the complained of activity does not violate the ordinance. (B) Accelerated abatement. For second or successive violations concerning grass, weeds and other vegetation in a calendar vear, the City will post a notice of violation on the propertv providing that if the violation is not corrected within 48 hours after such posting. the City will, without additional notice, correct the conditions creating such violations and assess the cost therefore against the property. (C) Recovery of Cost: The owner of the premise on which a nuisance has been abated by the city shall be personally liable for the city's cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the council 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. (D) Assessment. If the nuisance is a public health or safety hazard on private property, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect -infected trees, the city clerk shall, on or before September 1 next following abatement of the nuisance list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The council may then spread the charges against such mopertv 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 council may determine in each case. SECTION 7. Section 7-1-7 of the Monticello City Code is added to read: 7-1-7: PENALTY: Violation of this chapter shall have the penalties provided in Section 7-1-4. The imposition of one penalty for anv violation of this chapter shall not 143992v4 11 excuse the violation or permit it to continue. Each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. SECTION 8. This Ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Monticello this day of 2009. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator 143992v4 12