City Council Agenda Packet 02-12-2007 Special
AGENDA
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, February 12,2007 -7 p.m.
1. Call to Order
2. Nuisance/Blight Ordinance and Enforcement
3. Rental Ordinance - Staff is requesting that because of the limited time this item
be addressed at a special meeting.
4. Representatives of the Monticello Times - Discussion of concerns
5. Adjourn
Monticello City Council & Staff Workshop - Feb. 12.2007
Purpose of workshop: To discuss amendments to the "Public Nuisance" Ordinance
(Title 7 Chapter 1) and Consideration of a new Ordinance for "Administrative
Enforcement of Offenses".
For this discussion the City Council is asked to consider an amendment to the City
Ordinances pertaining to "Public Nuisance" and a new Ordinance "establishing a
procedure for enforcing administrative offenses". The need for the amendments arises
from difficulty in enforcing the current ordinance due to conflicting rules and "holes" in
the wording of the ordinance. Problems have also arisen with dealing with repeat
offenders and the timeliness of prosecution once the issue is put into the court system.
Under the current ordinance, there are many loop holes. Here are some examples of how
the current system works with the ordinances we have in place;
Example 1: The Building Department receives a complaint about a "junk" (car "A")
vehicle in John Doe's yard; an inspector would go to the residence and issue afzfteen day
notice to remove it. We would do this by leaving a notice of violation on the door and
also mail a copy to the owner of the residence ifit is owned by another party other than
the one living at the residence. The inspector would conduct a follow up inspection at the
residence fifteen days later. Ifthe vehicle is not removed, then the violation is passed
along to the city attorney, who then in turn mails another notice to the owner giving them
jive days to remove the violation and contact the building department for re-inspection.
After the five days are up and no contact has been received from the owner, the inspector
makes another trip to the home and reports the findings to the attorney. If the "junk"
vehicle has not been removed then the attorney begins the process of charging the
offender with a misdemeanor for violation of the city code (punishable by up to 90 days
in jail and/or $1000 fine). This process through the Wright County court system has taken
over six months on past offenses and in one instance the offender was charged $20 and
the vehicle (a spray painted, unlicensed pick-up with the bed laying next to it in the yard)
remained in the driveway for another month (the junk vehicle was on the property
approximately nine months).
Example 2: The "serial offender". As in the above example they may have fixed and
removed the ''junk'' vehicle (car "A") within the 15 days, but weeks later (and sometimes
at the follow-up inspection) there may me a different ''junk'' (car "B") on the property
instead and in some instances car "A" shows up again. In these cases we have to start the
whole notification process over again. There are some residences that receive notices
every year, sometimes multiple times in one year, for the same offenses over and over
and never get to the misdemeanor stage because they know how to skirt the system.
In order to correct these problems, we are proposing amendments to Ordinance 7-1-1,
Activities, Business Prohibited (see attached) including a clearer definition of "Junk
Vehicles" (7-1-1 :[A]l) and a more comprehensive section covering junk/refuse and
outdoor storage (7-1-1: [A]3 ). We would also like to recommend a new ordinance
outlining procedures for issuing administrative fines (see attached). The purpose of the
ordinance is outlined in Section 1. Here is an example of how the new ordinance should
work;
Examt'le 3: As in example 1 above, the inspector issues a violation notice to John Doe
for his 'junk" vehicle, now a six day (proposed) abatement notice, one copy is left at the
residence and a copy is also mailed to the residence (if the owner of record has a different
address than the property with the violation then one copy is also mailed to the owner). If
there is no response to the initial letter, a final notice of violation will be mailed to the
violator notifying them that failure to comply (proposed additional six days) will result in
an "administrative citation". Now if John Doe were to have another "junk" vehicle on his
property in the next 12 months (it wouldn't matter ifit was the same car or a "junk" pick-
up truck) he would receive another citation (with an increased fee) for the "same or
substantially similar offense",
The following information is relayed for review and consideration regarding the Public
Nuisances Ordinance:
It is recommended that Paragraph 7-1-1 :(A)l be modified to read:
Junk Vehicles. A vehicle without a valid current license, or without a valid
current registration, or which is apparently inoperable located outside an enclosed
building in a residential area including, but not limited to, automobiles, trucks,
motorcycles, snowmobiles, trailers, stock and demolition vehicles, all-terrain
vehicles and watercraft.
It is recommended that Paragraph 7-1-1:(A)2 be deleted in its entirety.
It is recommended that Paragraph 7-1-1:(A)3 be amended to incorporate the following
addition:
Prohibited material storage. Any violation ofthis section is subject to abatement upon
seven days' written notice to the owner of private premises on which such material is
found or any conditions in violation of this code section exist. The owner of the property
will be determined as shown by the records of the office of the county recorder. The City
may remove such matter or correct any conditions in violation, and certify the cost of
such removals or corrections as any other special assessment. Additionally, the City may
also seek injunctive relief for violation of this section. Owners of private property shall
remove and keep removed from all exterior areas of all residential properties the
following items:
(a) 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.
(b) Trash and debris.
(i) All household garbage, offal, dead animals, animal and human
waste, and waste materials.
(ii) Accumulations of litter, glass, scrap materials (such as wood,
metal, paper, and plastics), junk, combustible materials, stagnant
water, plastic bags or trash.
(iii) Accumulations of clothing and any other items not designed for
outdoor storage.
(c) Non-trash items.
(i) Accumulations of wood pallets.
(ii) Accumulations of vehicle parts or tires.
(iii) 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.
(iv) All appliances or appliance parts.
(v) All indoor or upholstered furniture of a type or material which is
deteriorated by exposure to outdoor elements.
(vi) All recycling materials except for reasonable accumulations,
amounts consistent with a policy of regular removal, which are
stored in a well-maintained manner according to Chapter _.
(vii) All other non-trash items which:
(1) Are of a type or quantity inconsistent with normal and
usual use; or
(2) Are of a type or quantity inconsistent with the intended use
of the property; or
(3) Are likely to obstruct or impede the necessary passage of
fire or other emergency personnel.
d. Fertilizer and burial o/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
flee fertilizer in the normal course for agriculture or horticulture is
permitted.
SECTION:
7-1-1:
7-1-2:
7-1-3:
7-1-4:
7-:1-1 :
I...
AW\t"-d
TJe( tte
CHAPTER I
PUBLIC NUISANCES
Activities, Business Prohibited
Exceptions
Public Nuisance
Enforcement
ACTIVITIES, BUSINESS PROHIBITED: Subsequent to the enactment hereof, the
following acts, conditions, activities, business or businesses are hereby prohibited except
as hereinafter permitted:
(A) No unwholesome substance, garbage, refuse, offal, or similar substance shall be
brought, deposited, left, dumped, or allowed to accumulate within the city. For
purposes of this section of the City ordinances entitled "Public Nuisances," refuse
shall include but not be limited to the following or similar items stored or parked
outside:
1.
Passenger automobiles, station wagons, trucks, and other vehicles not
currently licensed (if applicable) by the state or which are, because of
mechanical deficiency, incapable of movement under their own power;
(6/28/99, #326)
Passenger automobiles, station wagons, trucks, and other vehicles which
are currently licensed by the state but, because of mechanical deficiency,
are incapable of operation on a public street or highway under their own
power, or passenger automobiles, station wagons, trucks, and other
vehicles which are capable of operation under their own power but which
are not currently licensed by the state, when stored or parked outside for
more than 30 days, unless prior to the expiration of the 30 days the owner
of said vehicle petitions the City Council for and the City Council grants
an extension of the time limit on outside storage. In reviewing such
application, the City Council shall consider:
(a)
the number of such vehicles stored on the petitioner's property;
(b)
the condition of the vehicles for which the extension is sought and
the hazards posed by such vehicles to public health and safety;
(c)
the effect of said vehicles on neighboring property and property
owners;
MONTICELLO CITY ORDINANCE
TITLE VII/Chpt 1/Page 1
A~ty\d
I....
3.
Household appliances such as but not limited to washing machines, dryers,
refrigerators, stoves, freezers, television and radio sets, phonographs, and
similar items, vehicle parts, old machinery, machinery parts, tires, tin cans,
bottles, building materials (unless current building permit for their use is
in force), wood (unless used for fire wood and neatly stacked), metal, or
any other material or case off material, and similar items.
(# 184, 3/26/90)
(8) A public nuisance is a crime against the order and economy of the state and
consists of unlawfully doing an act or omitting to perform a duty which an act or
omission shall:
1. Annoy, injure, or endanger the safety, health, comfort, or r~pose of any
considerable number of persons.
2. Offend public decency.
3.
Unlawfully interfere with, obstruct or tend to obstruct, or render dangerous
for passage a lake, navigable river, bay, stream canal or basin, or a public
park, square, street, alley, or highway; or
4. In any way render a considerable number of persons insecure in life or the
use of property and as such, nuisances are hereby prohibited.
(C) 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.
(D) 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.
(E) 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.
(F) No person shall hereafter engage 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
eminates, and specifically no person shall operate a dump or garbage dumping
area or rendering plant or trailer court except such specific activity be authorized
by the issuance of a permit as hereinafter provided.
(G) It is unlawful for any person to cause or permit garbage, tin cans, or refuse to be
thrown or scattered upon any street, alley, highway, parkway, boulevard, or real
estate.
MONTICELLO CITY ORDINANCE
TITLE VII/Chpt 1/Page 2
ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE ESTABLISHING A PROCEDURE
FOR ENFORCING ADMINISTRATIVE OFFENSES
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS:
SECTION 1. The following chapter shall be added to the Code of the City of Monticello.
CHAPTER
ADMINISTRATIVE OFFENSES
Section 1. Purpose. Administrative offense procedures established pursuant to this
chapter are intended to provide the public and the City with an informal, cost effective, and
expeditious alternative to traditional criminal charges for violations of certain ordinance
provisions. The procedures are intended to be voluntary on the part of those who have been
charged with administrative offenses. At any time prior to the payment of the administrative
penalty as is provided for hereafter, the individual may withdraw from participation in the
procedures in which event the City may bring criminal charges in accordance with law.
Likewise, the City in its discretion, may choose not to initiate an administrative offense and may
bring criminal charges in the first instance. In the event a party participates in the administrative
offense procedures but does not pay the monetary penalty which may be imposed, the City will
seek to collect the costs of the administrative offense procedures as part of a subsequent criminal
sentence in the event the party is charged and is adjudicated guilty ofthe criminal violation.
Section 2. Administrative Offense Defined. An administrative offense is a
violation of a provision of this code and is subject to the administrative penalties set forth in the
schedule of offenses and penalties referred to in Section 9, hereafter.
Section 3.
Notice.
A. Before an administrative citation may be issued, staff shall mail a notice of
violation to the last known address of the individual committing the alleged offense. In
the event there is no response to the initial letter, staff shall mail a final notice of violation
to the last known address of the individual committing the alleged offense and provide
them notice that failure to comply with the final notice will result in the issuance of an
administrative citation. If the property owner has already been sent the notice required in
this provision during the calendar year, no additional notice is required before issuing an
administrative citation.
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B. Any officer of the Wright County Sheriffs Department or any other
person employed by the City, authorized in writing by the City Administrator, and having
authority to enforce this code, shall, upon determining that there has been a violation,
notify the violator and provide the violator with notice. Said notice shall set forth the
nature, date and time of violation, the name of the official issuing the notice, and the
amount of the scheduled penalty.
Section 4. Payment. Once such notice is given, the alleged violator may, within
seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of
penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The
penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the
violation.
Section 5. Hearinsz. Any person contesting an administrative offense pursuant to
this chapter may, within seven (7) days of the time of issuance of the notice, request a hearing by
a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has
occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the
penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty
imposed.
Section 6. Hearinsz Officer. A City representative designated in writing by the City
Administrator shall be the hearing officer for all administrative offenses. The hearing officer is
authorized to hear and determine any controversy relating to administrative offenses provided for
in this chapter.
Section 7. Failure to Pay. In the event a party charged with an administrative
offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought
against the alleged violator in accordance with applicable ordinance or statutes. If the penalty is
paid or if an individual is found not to have committed the administrative offense by the hearing
officer, no such charge may be brought by the City for the same violation.
Section 8. Disposition of Penalties. All penalties collected pursuant to this chapter
shall be paid to the City Treasurer and may be deposited in the City's general fund.
Section 9. Offenses and Penalties. Offenses which may be charged as
administrative offenses and the penalties for such offenses may be established by resolution of
the City Council from time to time. Copies of such resolutions shall be maintained in the office
of the City Administrator.
Section 10. Subseauent Offenses. In the event a party is charged with a subsequent
administrative offense within a twelve (12) month period of paying an administrative penalty for
the same or substantially similar offense, the subsequent administrative penalty shall be
increased by twenty-five percent (25%) above the previous administrative penalty except as
otherwise provided by resolution.
SECTION 2. EFFECTIVE DATE
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This ordinance shall be in full force and effect for one year after its passage and
publication unless reauthorized through a motion passed by the City Council.
ADOPTED by the Monticello City Council this _ day of
,2007.
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
Jeff O'Neill, City Administrator
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