City Council Ordinance 458 (2)ORDINANCE NO. 458
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING
TITLE 7, CHAPTER 1, PUBLIC NUISANCES
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS:
SECTION 1. Title 7, Chapter 1, Section 7-1-1, subparagraph (A) 1., of the Monticello City
Code shall be amended so as to read in its entirety as follows:
7-1-1: (A) 1. Junk Vehicles. 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.
SECTION 2. Title 7, Chapter 1, Section 7-1-1 of the Monticello City Code shall be amended by
deleting, in its entirety, subparagraph 7-1-1 (A) 2.
SECTION 3. Title 7, Chapter 1, Section 7-1-1, subparagraph (A) 3 ., of the Monticello City
Code shall be amended so as to read in its entirety as follows:
7-1-1: (A) 3. Prohibited Material Storage. Any violation of this 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.
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(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 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 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 free fertilizer in the normal course for
agriculture or horticulture is permitted.
SECTION 4. Title 7, Chapter 1, Section 7-1-4 of the Monticello City Code shall be amended so
as to read in its entirety as follows:
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CHAPTER 1
PUBLIC NUISANCES
7-1-4: ENFORCEMENT:
(A) Any person owning and/or occupying property within the city where
activities described in subsections 7-1-1 (C), (D), and (E) are in violation
of this ordinance shall be so notified in writing by the City of the violation
by certified mail and given seven (7) days to either correct the violation or
appeal to the City Council for a determination that the complained of
activity does not violate the ordinance.
An appeal to the City Council is perfected within the seven (7) day period
if the person in violation files with the City Administrator a written
request to be placed on the next City Council agenda for purposes of the
Council hearing the appeal. No further action shall then be taken by the
City until such time as the City Council shall determine that a violation
does exist. Any party aggrieved by a decision hereunder by the City
Council may appeal the decision to the District Court, Wright County,
Minnesota, within thirty (30) days of the Council's decision. If after seven
(7) days of the notice of violation the person in violation of this ordinance
fails to correct the violation or appeal to the City Council, the City shall
either:
1. petition the District Court for civil relief from the violation; or
2. remove and dispose of the material creating the violation and
assess the cost of clean up, removal, and disposal against the
property where such activity in violation of this ordinance
occurred.
For purposes of 7-1-1 (C), (D), and (E), the City need only provide the person in
violation thereof one notice in any one 12 -month period. If after a notice and
within 12 months of such notice repeated violations occur, the City, without
additional notice, may correct the conditions creating such violations and assess
the cost therefore against the property where such activity in violation of 7-1-1
(C), (D), or (E) occurred.
(B) PENALTY: Any person who violates any of the provisions of this
ordinance is guilty of a misdemeanor and upon conviction shall be
punished not more than the maximum penalty for a misdemeanor as
prescribed by state law.
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SECTION 5. EFFECTIVE DATE. This ordinance shall be effective upon its passage and
publication.
ADOPTED by the Monticello City Council this 12thay of March , 2007.
CITY OF MONTICELLO
By:
Clint Herbst, or
ATTEST:
Jeff ffWCityTdministrator
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