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.
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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