HomeMy WebLinkAbout2017-06-16 CR - Yard Areas & Deck ,. ` CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/4394439 • Fax:651/439-0574
June 16, 2017
Ms. Carol Winegar
14836 56th St. N.
Oak Park Heights, MN 55082
Hand-Delivered
Re: Public Nuisance Abatement & Safety Abatement Requests -2"d Request
14836 56th St. N.
Property ID 04.029.20.14.0020
Dear Ms. Winegar:
I wrote you on May 25, 2017 regarding the condition of your yard and safety hazards resulting from its
condition. A copy of that letter and its attachments are enclosed.
In my May 25th letter, the following actions were noted as required to correct the present violations at the
property, specifically that:
1. All piled and stored debris to all exterior areas of the residential structured are to be removed,
including those areas upon the deck, below it at the patio, within the front entry area exterior and any
items currently place within and/or around the dilapidated shed at the rear yard.
2. The dilapidated shed to the rear yard is to be reassembled so that it is in sound condition and
appropriately placed to rear yard so that it at minimum 5-feet from the side yard property line and 8-
feet from the rear yard property line.
3. All motorized vehicles upon the driveway shall be addressed so that they display current license and
registration and are in operable condition with operable tires.
4. The deck and its exterior stairway shall be removed. This removal requires a building permit from
the City of Oak Park Heights and shall be performed by a MN licensed residential contractor. The
deck may be removed and replaced in conjunction with one another; however, in no case may the
deck and stairs remain in place. If the deck is not planned for reconstruction at the time the existing
deck and stairway are removed, the existing patio door at the upper level shall be blocked so that
access to the outside is no permitted.
5. The yard area shall be raked clear of leaves, cleared of fallen branches and mowed.
Yard maintenance and cease of stockpiling shall be maintained upon successful compliance abatement.
You were ordered to have items 1, 2, 3, & 5 fully complied with no later than Monday, June 5, 2017 a
permit to have been issued for demolition of the deck& stairway structure no later than Monday, June 26,
2017. Compliance verifications will be made.
Tree City U.S.A.
A site visit was made to the property on June 5th. The condition of the property was not found to be different
that observed at the time of the May 25th compliance request. This letter serves as the City's second request
for abatement of the above described and as outlined in City Ordinance 1109.
With this second request, you are ordered to have items 1, 2,3, & 5 fully complied with no later than
Thursday,June 29,2017 and to have received a permit from the City for demolition of the deck &
stairway structure no later than Monday,June 26,2017. Compliance verifications will be made.
If compliance has not been found by the dates notes above, please be advised that this matter shall be
forwarded to the Oak Park Heights Police Department and/or the City Attorney's office for possible citation.
Kindly contact me immediately with any questions you may have regarding this request or to schedule an
appointment to discuss the matter. Your prompt attention is required.
Sincerely,
PLANNING& CODE ENFORCEMENT
Juli -Iultman
Building Official
Enclosure
c: Eric Johnson, City Administrator
Brian DeRosier, Chief of Police
Mark Vierling, City Attorney
CITY OF
OAK PARK HEIGHTS
, :r- `,. 14168 Oak Park Boulevard No. • P.O.Box 2007• Oak Park Heights.MN 55082-2007• Phone:651/439-4439 • Fax:651/439-0574
r
May 25, 2017 COPY
Ms. Carol Winegar
14836 56th St. N.
Oak Park Heights, MN 55082
Hand-Delivered
Re: Public Nuisance Abatement& Safety Abatement Requests
14836 56th St. N.
Property ID 04.029.20.14.0020
Dear Ms. Winegar:
The City has previously contacted you with regard to the condition of your yard and safety hazards resulting
from its condition. I am writing today with regard to these matters and the condition of the deck and
stairway attached to the rear of your home.
As the owner of the above-reference property, you are responsible for the maintenance and upkeep of the
property and are hereby ordered to eliminate all conditions which violate Oak Park Heights City Ordinances
& MN Building Code.
The following code violations exist upon the above-referenced property:
1. Ordinance 1301, Section 1301.05 An Ordinance Regulating and Limiting the Storage of Vehicles
And Declaring Certain Vehicles to Be a Public Nuisance; and
2. Ordinance 1109 Nuisance Ordinance, Sections 1109.03 Public Nuisances Affecting Health, Safety,
Comfort or Repose and 1109.04 Public Nuisances Affecting Peace and Safety; and
3. Ordinance 401.15. General Building and Performance Requirements, Sections 14 Exterior Storage;
and
4. Ordinance 401.15 Off-Street Parking and Loading, Section 1, f(1)Residential Use Parking; and
5. 2015 Minnesota State Building Code Section 1300.0180 Unsafe Buildings and Structures.
A copy of the referenced Ordinances and Code are enclosed.
There are accumulations of debris at both the front yard driveway and entry areas and to the rear yard at the
upper and lower level deck and patio area and to the rear yard area. At the front yard driveway,there are
two motor vehicles that are stored with debris,that are not currently licensed and do not appear to be in
operating condition. At the corner of the rear yard there is a shed that has fallen apart and an accumulation
of debris and/other items. To the rear of the house, the upper level deck and its stairway adjacent to the
deck is deteriorated and is unsafe for use. The yard area is in need of leaf raking and mowing maintenance.
Tree City U.S.A.
The following action is required to correct the violations(s):
1. All piled and stored debris to all exterior areas of the residential structured are to be removed,
including those areas upon the deck, below it at the patio, within the front entry area exterior and any
items currently place within and/or around the dilapidated shed at the rear yard.
2. The dilapidated shed to the rear yard is to be reassembled so that it is in sound condition and
appropriately placed to rear yard so that it at minimum 5-feet from the side yard property line and 8-
feet from the rear yard property line.
3. • All motorized vehicles upon the driveway shall be addressed so that they display current license and
registration and are in operable condition with operable tires.
4. The deck and its exterior stairway shall be removed. This removal requires a building permit from
the City of Oak Park Heights and shall be performed by a MN licensed residential contractor. The
deck may be removed and replaced in conjunction with one another;however, in no case may the
deck and stairs remain in place. If the deck is not planned for reconstruction at the time the existing
deck and stairway are removed,the existing patio door at the upper level shall be blocked so that
access to the outside is no permitted.
5. The yard area shall be raked clear of leaves, cleared of fallen branches and mowed.
Yard maintenance and cease of stockpiling shall be maintained upon successful compliance abatement.
This letter serves as the City's request for abatement of the above described and as outlined in City
Ordinance 1109. You are ordered to have items 1, 2, 3, & 5 fully complied with no later than Monday,
June 5, 2017. A permit shall have been issued for demolition of the deck& stairway structure no later than
Monday,June 26, 2017. Compliance verifications will be made.
Kindly contact me immediately with any questions you may have regarding this request or to schedule an
appointment to discuss the matter. Your prompt attention is required.
Sincerely,
PLANNING&CODE ENFORCEMENT
id
£ ltrnan
Building Official
Enclosures
c: Eric Johnson, City Administrator
Brian DeRosier, Chief of Police
Mark Vierling, City Attorney
1301
AN ORDINANCE REGULATING AND LIMITING THE STORAGE OF VEHICLES AND
DECLARING CERTAIN VEHICLES TO BE A PUBLIC NUISANCE.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1301.01 Definitions.
The following words and terms for the purpose of this Ordinance are defined as
follows:
A. "Junk Car" means any motor vehicle which is not in operable condition,
partially dismantled, used for repair of parts or as a source of repair or
replacement parts for other vehicles, kept for scrapping, dismantling or
salvage of any kind,or which is not properly licensed for operation within the
State of Minnesota.
B. "Person" means a natural person, firm, association, partnership, or
corporation including any agent of any of the aforesaid.
C. "Public Place" means any street, avenue, alley, road, highway, boulevard,
parking lot or facility,park, or other public property or premises.
D. "Unclaimed Vehicles"means any impounded vehicle not claimed by or,for
any reason,not released to the owner thereof within twenty-four(24) hours
after notice is either received by the owner or notice mailed to him as
provided herein.
1301.02 Certain Vehicles Declared a Public Nuisance, Removal and Impounding Thereof.
Any vehicle, whether occupied or not, that is found stopped, standing, or parked in
violation of the traffic regulations and provisions of the City of Oak Park Heights,or
that is reported stolen or that is found impeding fire fighting, snow removal or the
orderly flow of traffic,or any stock or junk car on any public place,or on any private
land or premises,unless it shall be in a building, such vehicle is hereby deemed and
declared to be a public nuisance and such nuisance may be abated in the manner
hereinafter set forth. Any City police officer, fireman, or other duly authorized
personnel, such as City employees in charge of roads and snow removal, may
immediately order such nuisance vehicle to be removed and impounded in the
manner hereinafter provided and it shall be surrendered to the duly identified owner
thereof by the towing company only upon payment of the fees hereinafter provided
which are declared to be the vehicle pound fees covering such vehicle.
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1301.03 Parking, Storage,Repair of Maintenance on Junk Cars.
No person shall park,keep,place,store,or permit the parking or storage of,or repair
or replace parts or to do maintenance work on any public place, or on any private
lands or premises, unless such vehicle shall be within a building on such private
premises.
1301.04 Abandonment.
No person shall abandon any junk car, junk motor vehicle or any part thereof, or
therefrom,upon any public place in the City of Oak Park Heights.
1301.05 Partially Dismantled, Wrecked, Junked. Discarded or Non-operating Vehicles on
Private Property.
It shall be unlawful for any person in charge or in control of any property within the
City of Oak Park Heights to allow any partially dismantled,non-operating,wrecked,
junked or discarded vehicle,including any part thereof or therefrom,to remain on any
private property unless within an enclosed building for any period longer than
seventy-two(72)hours.
1301.06 Towing Contractor.
The City of Oak Park Heights may contract with one or more persons, firms, or
corporations to provide to such City the towing services required to enforce this and
other City ordinances and State laws.
1301.07 Impounding,Towinj and Release.
The towing company shall take immediate possession of any vehicle duly ordered,
impounded and ticketed for any traffic or parking violation, and shall tow such
vehicle to the car pound. No such vehicle shall thereafter be released without
authorization by the City of Oak Park Heights Police Department. The towing
company shall, immediately after impounding any vehicle, notify the City Police
Department of all such impounded vehicles including description, license number
and other pertinent information.
1301.08 Notice to Owner.
The City Police Department shall give notice of the impounding of any such vehicle
to the owner thereof as such owner is shown by the records of the State Registrar of
Motor Vehicles. Such notice shall be by registered or certified mail and shall be
addressed to the address as indicated on said records. Such notice shall include a
description of such motor vehicle,notice of such possession, location of the motor
vehicle impounded,and a statement of the intent of the City to dispose of such motor
vehicle after thirty(30)days unless such motor vehicle is released.
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1301.09 Storage of Impounded Vehicles.
The towing company during the time the vehicle is impounded shall not permit the
vehicle to be removed or released to the owner until the impounding and storage fees
hereinabove provided have been paid. At the time of the return of the vehicle, the
towing company shall release the same by a release in writing which will state the
date of such release together with the charges enumerated thereon and the purpose for
which such charges were made.
1301.10 Report of Police Officer.
Any police officer or other authorized person directing the impounding of any
unoccupied or damaged vehicle shall prepare a written report of such vehicle which
report shall, among other things, include the following: make of the car, license
number, separate articles of personal property, general description of the car with
regard to condition,damaged parts,and other such information as may be necessary
to describe adequately the vehicle and property delivered to the towing company.
The towing company shall receipt for and check such report and his signature thereon
shall be considered a receipt for the vehicle and the property described therein.
1301.11 Sale of Vehicles.
Any motor vehicle which is impounded pursuant to this or any other ordinance or
statute and which is not released within thirty (30) days of mailed notice to the
owner, may be sold by such City to the highest bidder at public auction or sale,
following reasonable published notice thereof. The proceeds of any such sale shall
first be applied toward the cost of handling,storing and sale of such vehicle. The net
proceeds shall be placed in the General Fund. If within six(6)months of such sale,
the former owner applies to the City Clerk for payment of such net proceeds, and if
satisfactory proof of ownership is presented, the net proceeds shall be paid to such
former owner.
1301.12 Sale of Vehicle Where Owner of Vehicle Cannot Be Identified.
If any such vehicle is found and removed under circumstances which do not give the
Police Department or the towing company knowledge or means of inquiry as to the
true owner thereof, such facts shall be immediately reported to the City Clerk. Any
such vehicle,or any other vehicle or property unclaimed or abandoned by any owner
for a period of thirty(30)days from and after such impounding, shall be sold by the
City of Oak Park Heights at a public sale.
1301.13 Penalty.
Any person violating any provision of this Ordinance shall upon conviction thereof,
be punished by a fine not exceeding Seven Hundred Dollars ($700.00) or by
imprisonment for not exceeding ninety(90) days,or both.
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1109
NUISANCE ORDINANCE
AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR
MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION
THEREOF.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1109.01 Public Nuisance Defined.
A public nuisance is a thing, act, or use of property which shall:
A. Annoy,injure,or endanger the health,safety,comfort or repose of the
public;
B. Offend public decency;
C. Unlawfully interfere with the use of,or obstruct or tend to obstruct,or
render dangerous for passage, a public water, park, square, street,
alley, or highway;
D. Depreciate the value of the property of the inhabitants of the City of
Oak Park Heights or of a considerable number thereof; or
E. In any way render the inhabitants of the City of Oak Park Heights,or
a considerable number thereof,insecure in life or in use of property.
1109.02 Definitions.
A. "City" means the City of Oak Park Heights, Washington County,
Minnesota.
B. "Person" includes any person, form or corporation, and the singular
shall include the plural.
C. Where references are made herein to particular officers, councils,
boards or agencies, such officers, councils, boards or agencies are
those of the City of Oak Park Heights.
D. "City Council" means the City Council of the City of Oak Park
Heights,Minnesota.
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1109.03 Public Nuisances Affecting Health, Safety, Comfort or Repose.
The following are hereby declared to be public nuisances affecting health, safety,
comfort, or repose:
A. All decayed or unwholesome food offered for sale to the public;
B. All diseased animals running at large;
C. Milk which is produced by cows which have not been tested and found free
of tuberculosis within the year previous to the offering of such milk for sale
to the public;
D. Carcasses of animals not buried or destroyed within twenty-four(24)hours
after death;
E. Accumulations of manure and rubbish;
F. Privy vaults and garbage cans which are not fly-tight;
G. Dumping the contents of any cesspool,privy vault,or garbage can except at
places authorized by law or allowing any cesspool or individual sewage
disposal system to overflow in any manner;
H. All noxious weeds, tall grasses, and other rank growths; the word "weeds"
shall be construed to mean and include all noxious weeds as defined by the
Statutes of the State of Minnesota and all such useless and troublesome plants
as are commonly known as weeds to the general public. All grasses growing
to a height greater than six(6) inches upon any lot or parcel of land within
the platted portions of the City of Oak Park Heights are hereby declared to be
a nuisance;
I. An accumulation of tin cans, bottles, or trash or debris of any nature or
description: and the throwing, dumping or disposing of any dead animals,
manure, garbage, waste, decaying matter, ground, sand, stones, ashes,
rubbish,tin cans,or other material or debris of any kind on private property,
J. Dense smoke, noxious fumes, gas, and soot or cinders in unreasonable
quantities;
K. Offensive trades and businesses as defined by statute or ordinance not
licensed as provided by law;
L, All public exposure or persons having a contagious disease;
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M. The distribution of sample or medicine or drugs unless such samples are placed
in the hands of an adult person by someone properly licensed;
N. All other acts, omission of acts, occupations, and uses of property which are
deemed by the City Council and the City Health Officer to be a menace to the
health of the inhabitants of the City or a considerable number thereof;
O. It shall be a nuisance for any person to cause or permit a domesticated animal to
be on any property, public or private, not owned or possessed by such person,
unless such person has in his/her immediate possession a device for the removal
of excrement to a proper receptacle located upon property owned or possessed
by such person;
P. It shall be a nuisance for any person in control of, causing or permitting any
domesticated animal to be on any property, public or private, not owned or
possessed by such person,to fail to remove excrement left by such domesticated
animal to a proper receptacle located on the property owned or possessed by
such person.
Q. The provisions of Subparagraphs 0 and P of this Section shall not apply to the
ownership or use of seeing eye dogs by blind persons,dogs when used in police
activities by the City or County Sheriffs Department, or tracking dogs when
used by or with the permission of the City.
1109.04 Public Nuisances Affecting Peace and Safety.
The following are declared to be nuisances affecting public peace and safety:
A. All snow and ice not removed from public sidewalks twelve(12)hours after the
snow and ice have ceased to be deposited thereon;
a. Snow, ice or any other debris may not be placed into or upon City street
surface by any party without a Permit issued from the City.
b. Snow, ice or other debrisgenerated fromprivate lands maynot be plowed or
dragged across a City street for purposes of snow storage and/or snow
wasting.
c. Depositing of snow generated from private lands upon a public right of way
that is not immediately adjacent, contiguous and on the same side of the
street is also prohibited.
B. All wires which are strung less than fifteen (15) feet above the surface of any
public street or alley;
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C. All buildings, walls, and other structures which have been damaged by fire,
decay or otherwise as to an extent exceeding one-half('/2)of their original value
or which are so situated so as to endanger the safety of the public;
D. All explosives,inflammable liquids and other dangerous substances or materials
stored or accumulated in any manner or in any amount other than that provided
by law or ordinance;
E. All use of display or fireworks except as provided by law or ordinance;
F. All of the following activities ane hereby declared to be public nuisances:
1. Any snow removal activities on private property located within 500
feet of any residential district of the city,using plows, dump trucks,
payloaders or any mechanized equipment between the hours of 10:00
o'clock. p.m.and 600 o'clock a.m.This provision shall not apply for
any time period in which the City has declared a snow emergency.
2. Any parking lot sweeping,paving,or seal coating activities occurring
between the hours of 10:00 o'clock.p.m.and 6:00 o' clock a.m.
3. All construction activities where the use of power nailers,power saws,
earth moving equipment,bulldozers,or any power equipment is being
used between the hours of 10:00 o'clock p.m. and 7e0 o'clock a.m.
4. The owning,keeping, aharboring of any animal which shall,by any noise,
unreasonably and/or excessively disturbs the peace and quiet of
any person in the vicinity. The phrase "unreasonably and/or
excessively disturb the peace and quiet" shall include, but is not
limited to, the creation of any noise by an animal which can be
heard by any person, including an Animal Control Officer or
law enforcement officer,from a location off the dog or cat
owner's property where the animal is being kept, and which
noise occurs repeatedly over at least a five (5)minute period of
time with one (1) minute or less lapse oftimebetween each animal
noise duringthe five(5)minuteperiod,This provision shall not apply
to dogs and cats which are regulated under Chapter 601 Section
601.13 A. (5).
5. The removal of commercial waste and refuse, emptying or
removal of dumpsters and drop boxes from any non-residential
zoned area within the city between the hours of 1000 o'clock
pan.and 600 o'clock a.m.
6. No person shall use or operate, or permit the use or operation of
any electronic sound system or audio equipment including but not
limited to any compact disc player, cassette tape player, a.m. FM
radio, citizen band radio, paging system, musical instrument,
phonograph, or any other device design for the production or
reproduction of sound in a distinctly loud and audible manner
as to unreasonably disturb the peace quiet and comfort of a
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reasonable person or reasonable persons nearby.
a. It shall be presumed that a violation of this section has occurred
when any electronic sound system or audio equipment is
operated in a manner in which it is plainly audible, at a distance
of 50 feet or more from its source between the hours of 10:00
p.m. and 6:00 a.m. It shall be presumed that a violation of
this section has occurred when any electronic sound or audio
equipment is operated in a manner which is plainly audible
from its source at a distance of 100 feet or more between the
hours of 6:00 a.m. and 10:00 p.m.
b. When noise of violating this section is produced by an
electronic sound system or audio equipment that is located in
or on a vehicle, the driver the vehicle and the person who
owns or is in control of the vehicle is guilty of the violation.
c. This section shall not apply to sound produced by the following:
i. amplifying equipment used in connection with the with
activities which are authorized,sponsored or permitted
by the city, so long as the activity is conducted
pursuant to the conditions of the license, permit or
contract authorizing such activity;
ii. church bells,chimes,carillons, school bells, or emergency
civil the fires warning signals.
antitheft devices
iv. machines or devises for the production of sound on or in
authorized emergency vehicles
G. All buildings and all alterations to buildings made or erected in violation of
fire ordinances and building codes concerning manner and materials and
construction;
H. Obstructions and excavations affecting the ordinary use of the public of
• streets,alleys,sidewalks or public grounds,except under such conditions as
are provided by ordinance, and any other excavation left unprotected or
uncovered indefinitely or allowed to exist in such manner as to attract minor
children;
Radio aerials strung or erected in any manner except that provided by law or
ordinance;
J. The piling, storing or keeping of old machinery, wrecked, junked, or
inoperative vehicles,and other junk or debris;
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K. The use of property abutting on a public street or sidewalk, or any use of a
public street or sidewalk, which causes large crowds of people to gather
obstructing traffic and the free use of public streets or sidewalks;
L. All hanging signs,awnings,and other similar structures over public streets or
sidewalks or so situated as to endanger public safety, not constructed or
maintained as provided by law or ordinance,or without proper permit;
M. The allowing of rain, water, ice, or snow to fall from any building or any
public street or sidewalk or to flow across any public sidewalk;
N. All dangerous, unguarded machinery, equipment, or other property in any
public place, or so situated or operated on private property so as to attract
minor children;
0. Throwing,dropping,or releasing printed matter,paper,or any other material
or objects over and upon the City from an airplane,balloon or other aircraft
or in such a manner as to cause such materials to fall on land in the City;
P. Placing entrance culverts or doing any act which may alter or affect the
drainage of public streets or alleys or the surface or grade of public streets,
alleys,or sidewalks without proper permit;
Q. Making repairs to motor vehicles,or tires in public streets or alleys excepting
only emergency repairs when it will not unduly impede or interfere with
traffic;
R. Throwing, placing, depositing, or burning leaves, trash, clippings, weeds,
grass, or other materials in the streets, alleys or gutters;
S. Erecting, painting, or placing of unauthorized traffic signs or advertising
signs in streets, or alleys or on sidewalks;
T. All unnecessary interferences and disturbances of radios or TV sets caused by
defective electrical appliances and equipment or improper operation thereof;
U. Driving motorized scooters,bicycles,motorcycles,or any type of motorized
vehicle on any sidewalk, walkway or private property of others, and the
driving of said vehicles in a loud, noisy, or unsafe manner or in groups of
more than two (2)on any public street, alley, or roadway;
V. To operate any private parking lot without keeping the same reasonably free
from dust;
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B. When an order so given is not complied with, such non-compliance shall be
reported forthwith to the City Council for such action as may be necessary
and deemed advisable in the name of the City to abate and enjoin the further
continuation of said nuisance.
1 1 09.07 Abatement of Nuisance/Recovery of Costs.
A. Abatement by Enforcing Official/Recovery of Costs. If,at the end of the time
period allowed for correction of a nuisance violation,the violation still exists,
the enforcing official may cause the following enumerated violations to be
corrected by private or public means and pursuant to the provisions of
Minnesota Statutes, Section 429.101, as amended,the City may collect any
and all unpaid special charges derived from the costs of the abatement work
plus administrative fees as a special assessment. The conversion of unpaid
special charges into special assessments is allowed for the following nuisance
abatements:
(1) Snow, ice, or rubbish removal from sidewalks;
(2) Weed elimination from or streets or private property;
(3) Removal or elimination of public health or safety hazards from
private property, excluding any structure included under the
provisions of Minnesota Statutes,Sections 463.15 through 463.26,as
amended;
(4) Installation or repair of water service lines;
(5) Trimming and care of trees;
(6) Treatment and removal of insect infested or diseased trees on private
property, and the repair of sidewalks and alleys;
(7) Operation and maintenance of a fire protection system;
(8) Nonpayment of charges for inspections relating to a municipal
housing maintenance code violation; or
(9) Recover of delinquent vacant building registration fees under any
program designed or enacted by the City to identify and register
vacant buildings.
B. Emergency Abatement by Enforcing Official. The enforcing official may
cause any nuisance that is a present or immediate danger to public health or
safety to be corrected by public or private means without notice to the owner
and,for the nuisances enumerated in subparagraph(A),the city may collect
any and all unpaid special charges derived from the cost of the nuisance
abatement work plus administrative fees as a special assessment.
C. Civil Action. The owner of the premises on which a nuisance has been abated
by the city shall be personally liable for the costs incurred by the city to abate
the nuisance, including administrative costs. As soon as the nuisance
abatement work has been completed and the costs determined,the city clerk
or other official designated by the city council shall prepare a bill for the costs
W. To operate any artificial lighting devices upon any residential,commercial or
industrial premises so as to cause a distraction to passing motorists or to
operate said artificial lighting devices upon any residential, commercial or
industrial premises without some effective device so as to protect adjacent
premises from being adversely affected thereby;
X. The maintenance of any tree or shrub,the roots of which are causing damage
to any public sewer,sidewalk,pavement,or other public property, or setting
out or planting any tree or bush in the public street or any portion thereof;
Y. All other conditions, acts, or things which are liable to cause injury to the
person or property of another;
Z. Any use of the public beach or public areas of Oak Park Heights after the
hour of 10:00 p.m.
1109.05 Enforcement.
It shall be the duty of the City Council by and through the Oak Park Heights Police
Department to enforce the provisions of this Ordinance and the City Council may by
resolution delegate to such other officers or agencies power to enforce particular
provisions of this Ordinance,including the power to inspect private premises and the
officers charged with enforcement of this Ordinance shall take all reasonable
precautions to prevent the commission and maintenance of public nuisances.
1109.06 Powers of Officers.
A. Whenever in the judgment of the officer charged with enforcement, it is
determined upon investigation that a public nuisance is being maintained or
exists within the City, such officer shall notify in writing the person
committing or maintaining such nuisance and require him to terminate and
abate said nuisance and to remove such conditions or remedy such defects.
Said written notice shall be served upon the person committing or
maintaining said nuisance in person or by registered mail. If the premises are
not occupied and the address of the owner is unknown,service on the owner
may be had by posting a copy of the notice on the premises. Said notice shall
require the owner or occupant of such premises, or both,to take reasonable
steps within a reasonable time to abate and remove said nuisance,said steps
and time to be designated in said notice, but the maximum time for the
removal of said nuisance after service of said notice shall not in any event
exceed thirty (30) days. Service of notice may be proved by filing an
affidavit of service with the City Clerk setting forth the manner and time
thereof.
7
due and mail it to the owner. Such amount shall be immediately due and
payable at the office of the city clerk. If the bill remains unpaid,the city clerk
may commence a civil action to collect said bill, or undertake the process
described in subparagraph(A). If undertaken as a special assessment process,
the bill provided to the owner may take the form of mailed notice of the
special assessment under Minnesota Statutes, Chapter 429, as amended.
1109.08 Penalties.
Any person who shall cause or create a nuisance or permit any nuisance to be created
or placed upon,or to remain upon any premises owned or occupied by him,and any
person who shall fail to comply with any order made under the provisions of this
Ordinance, upon conviction thereof shall be guilty of a misdemeanor and shall be
punished by a fine of not more than Seven Hundred Dollars ($700.00) or by
imprisonment in the County Jail for not more than ninety(90) days, or both.
1109.09 Separability.
Every section,provision, or part of this Ordinance is declared separable from every
other section,provision or part;and if any section,provision or part thereof shall be
held invalid, it shall not affect any other section,provision or part.
1109.10 Conflicting Ordinance Repealed.
All ordinances and parts of ordinances that conflict herewith are hereby repealed.
Amended: Section 1109.07. Passed by the City Council 2/26/2013
Amended: Section 1109.04. Passed by the City Council 12/9/2014
Amended: Section 1109.04A. Passed by the City Council 1/12/2016
401.15.B. General Building and Performance Requirements.
14. Exterior Storage. All materials and equipment except as provided below and in
Sections 401.21 through 401.34 of this Ordinance shall be stored within a
building or fully screened so as not to be visible from adjoining properties and the
public right-of-way except for the following:
a. Clothes line poles or wires.
b. Not more than a total of two (2) recreational vehicles and/or pieces of
equipment (not including racing cars).
c. Construction and landscaping materials currently being used on the
premises.
d. On and off-street parking of currently registered and operable passenger
vehicles and trucks not to exceed a gross weight of twelve thousand
(12,000) pounds.
e. Lawn furniture or furniture used and constructed explicitly for outdoor use.
f. All firewood stored on residential premises shall be stored in the side yard
or rear yard and stacked neatly.
n Loading.
Off-Street Parking and Load g.
1. Off-Street Parking Purpose. The regulation of off-street parking spaces in
these zoning regulations is to alleviate or prevent congestion of the public right-
of-way and to promote the safety and general welfare of the public, by
establishing minimum requirements for off-street parking of motor vehicles in
accordance with the utilization of various parcels of land or structures.
f. Residential Use Parking.
1) Except as provided below in Subsection 4.f.2 and except on a
limited, temporary basis involving guests or work being performed
on site, on and off-street parking facilities shall be utilized solely for
the parking of licensed and operable passenger automobiles, vans,
one (1) truck not to exceed gross capacity of twelve thousand
(12,000) pounds; and recreational vehicles and equipment which
are the property of the occupant, except as provided below in
Subsection 4.f.2. Under no circumstances shall required facilities
accessory to residential structures be used for the storage of non-
qualifying commercial vehicles, commercial equipment, or for the
parking of automobiles belonging to the employees, owners,
tenants or customers of business or manufacturing establishments.
2) For detached single family uses in residential zoning districts, the
off-street parking of vehicles other than those stipulated in
Subsection 4.f.1 above may be allowed as an interim use permit
pursuant to Section 401.05 of these zoning regulations, provided
that:
a) The property fronts on an improved public street which is
determined by the City Engineer to be capable of carrying
the vehicles in question without undue damage.
b) The type of vehicle to be parked does not create an
unreasonable safety hazard to neighboring residents or the
public utilizing the street(s) servicing the property.
c) The site upon which the vehicle is parked has adequate
space to allow turning movements and parking which does
not result-in the backing of vehicles from or onto the public
street.
d) The parking of such vehicles does not adversely affect
neighboring property owners as it relates to noise.
e) The parking of such vehicles is screened from neighboring
properties and the public right-of-way to the extent
determined as necessary by the City Council in compliance
with Section 401.15.E. of this Ordinance.
f) The provisions of Section 401.05 of this Ordinance are
considered and determined to be satisfied.
t" i•
2015 MINNESOTA BUILDING CODE ADMINISTRATION
N (3) The similar building has the same physical dimen- fees are established by Minnesota Statutes, Section "
M sions and structural design as the master plan; 326B.148.Reports and remittances by municipalities must be M
N Exception: The following modifications to the filed with the commissioner. a
master plan are not considered to be significant Surcharge fees imposed by the state are in addition to N
.e N modifications, according to Minnesota Statutes, municipal permit fees.Surcharge report forms and informa- M
N Section 326B.106, subdivision 1, and are permit- tion may be obtained by writing the commissioner. N
ted for dwelling units and their accessory struc- N
m tures built to the International Residential Code, N
. e N and residential occupancies built to the Interna- 1300.0170 N
' s M tional Building Code that are three stories or less STOP WORK ORDER N
" ` ` N in height and their accessory structures: N
r Y ", If the building official finds any work regulated by the code N
(a) foundation configurations of walkout, look-
being performed in a manner contrary to the provisions of the N
N out,and full basements; code or in a dangerous or unsafe manner,the building official N
i' N( b) alternate foundation materials approved by is authorized to issue a stop work order or a notice or order N
N the building official; pursuant to part 1300.0110,subpart 4. N
', AA
N (c) roof design changed by a revised truss plan The stop work order shall be in writing and issued to the M
.-,t= N approved by the building official;and owner of the property involved, to the owner's agent, or to N
" (d) other modifications approved by the building the person doing the work. Upon issuance of a stop work N
:` M official; order, the cited work shall immediately cease.A person who N
aN continues work after havingbeen served with a stop work N
(4) occupancy groups other than those identified in order, except for work that the person is directed to perform N
.- w the exceptions listed in part 1300.0160,subpart 6, to remove a violation or unsafe condition,is subject to penal- N
iY-
item A,subitem(3),must be the same type of con-
r` * struction and occupancy classification and must ties as prescribed by law.The stop work order shall state the N
reason for the order and the conditions under which the cited N
�, N have the same exit system; work will be permitted to resume. uN N
2 " Exception:Minor changes to the exit access;and "
N N
M (5) the similar plan is based on a master plan for N
N which the municipality has issued a permit within 1300.0180 N
N the last 12 months, UNSAFE BUILDINGS OR STRUCTURES N
4 , : B.Plan review fees for similar building plans must be A building or structure regulated by the code is unsafe, for M
N based on the costs commensurate with the direct and purposes of this part,if it is structurally unsafe, not provided M
with adequate g M
a ress,a fire hazard,or otherwise dangerous to
N indirect cost of the service,but must not exceed 25 per-
t, N cent of the normal building permit fee established and human life. M
N charged by the municipality for the same structure. Building service equipment that is regulated by the code is N
N C.The plan review fee charged for similar building plans unsafe, for purposes of this part, if it is a fire, electrical, or N
N applies to all buildings regulated by the code regardless health hazard; an unsanitary condition; or otherwise danger- N
N of occupancy classification including industrialized/ ous to human life. Use of a building, structure, or building N
E- N modular buildings constructed under a program sped service equipment constituting a hazard to safety, health, or N
1 hiN fled in Minnesota Statutes,Section 326B.194. public welfare by reason of inadequate maintenance, dilapi- N
N D.The applicant must submit a new plan set and other dation, obsolescence, fire hazard, disaster, damage, or aban N
N information as required by the building official for each donment is, for the purposes of this part, an unsafe use. N
N building reviewed as a similar building. Parapet walls, cornices, spires, towers, tanks, statuary, and N
N Subp.7.Payment of fees.Apermit shall not be issued until other appendages or structural members that are supported
" by,attached to,or a part of a building and that are in deteno N
a the fees prescribed by the municipality have been paid. rated condition or otherwise unable to sustain the design N
M Subp. 8. Work commencing before permit issuance. If loads that are specified in the code are unsafe building N
N work for which a permit is required by the code has been appendages. N
N commenced without first obtaining a permit,a special investi- The building official shall order any building or portion of M
N gation shall be made before a permit may be issued for the a building to be vacated if continued use is dangerous to life, M
ti work. An investigation fee established by the municipality health, or safety of the occupants. The building official shall M
LA shall be collected whether or not a permit is issued and is in have the authority to order, disconnection of utility services M
N addition to the required permit fees,but it may not exceed the to the building,structure,or system,regulated by the code,in M
N permit fee. case of an emergency to eliminate a hazard to life or property. M
N Subp.9.Fee refunds.The municipality shall establish a per- The order shall be in writing and state the reasons for the M
N mit and plan review fee refund policy. action. M
N Subp.M.State surcharge fees.All municipal permits issued All unsafe buildings, structures, or appendages are public N
N for work under the code are subject to a surcharge fee. The nuisances and must be abated by repair,rehabilitation,demo- N
2015 MINNESOTA BUILDING CODE ADMINISTRATION 44
1
2015 MINNESOTA BUILDING CODE ADMINISTRATION
M lition, or removal according to Minnesota Statutes, Sections official, upon notification, shall make the requested inspec- h
M 463.15 to 463.26. tions and shall either indicate the portion of the construction
that is satisfactory as completed or notify the permit holder or
MM an agent of the permit holder of any failures to comply with
N 1300.0190 the code.Any portion that does not comply shall be corrected
Nm
STRUCTURES AND USES and the portion shall not be covered or concealed until autho-
N rized by the building official.
M Subpart 1.General.The building official may issue a permit
M for temporary structures and temporary uses. Subp.6. Required inspections. The building official, upon
N notification, shall make the inspections in this part. In addi-
N Subp. 2.Conformance.Temporary structures and uses shall tion to the inspections identified in this subpart, see applica-
N conform to the structural strength, fire safety, means of ble rule chapters in part 1300.0050 for specific inspection and
N egress, accessibility, light, ventilation, and sanitary require testing requirements.
Nments of the code as necessary to ensure the public health,
M A. Footing inspections shall be made after excavations
N safety,and general welfare. for footings are complete and any required reinforcing
N Subp. 3. Termination of approval. The building official steel is in place. Materials for the foundation shall be
N may terminate the permit for a temporary structure or use and on the job,except that concrete need not be on the job
N order the temporary structure or use to be discontinued if the if the concrete is ready mixed according to approved
N conditions required in this part have not been complied with. nationally recognized standards.
NN B. Foundations:
N 1300.0210 (1)Foundation inspections for poured walls shall be
N NSPECTIONS made after all forms are in place with any required
nM", Subpart 1. General.Construction or work for which a per- reinforcing steel and bracing in place,and prior to
N mit is required is subject to inspection by the building official pouring concrete.
N and the construction or work shall remain accessible and (2)All foundation walls shall be inspected prior to
N exposed for inspection purposes until approved.Approval as backfill for specific code requirements.
N a result of an inspection is not approval of a violation of the
N code or of other ordinances of the jurisdiction. Inspections (3)The foundation inspection shall include excava-
N presuming to give authority to violate or cancel the provi- tions for thickened slabs intended for the support
M sions of the code or of other ordinances of the jurisdiction are of bearing walls, partitions, structural supports, or
M not valid. It shall be the duty of the permit applicant to cause equipment.
M the work to remain accessible and exposed for inspection pur- C. Concrete slab and under-floor inspections shall be
M poses.Neither the building official nor the jurisdiction is lia- made after in-slab or under-floor reinforcing steel and
M
ble for expense entailed in the removal or replacement of any building service equipment, conduit, piping accesso
M material required to allow inspection. ries, and other ancillary equipment items are in place,
M Subp. 2. Preliminary inspection. Before issuing a permit, but before any concrete is placed or floor sheathing
M the building official may examine, or cause to be examined, installed,including the subfloor.
M buildings, structures, and sites for which an application has D. Rough-in inspections of plumbing, mechanical, gas,
M been filed. sprinklers, alarms, and electrical systems shall be
M Subp.3.Inspection record card.The building official shall made before covering or concealment, before fixtures
M identify which inspections are required for the work requiring or appliances are set or installed, and before framing
M a permit. Work requiring a permit shall not be commenced inspection. i
M until the permit holder or an agent of the permit holder has E. Inspection of framing and masonry construction shall
M posted or otherwise made available an inspection record card be made after the roof,masonry,framing,firestopping,
M that allows the building official to conveniently make ail draftstopping, and bracing are in place and after the
N required entries regarding inspection of the work. This card plumbing, mechanical, and electrical rough inspec-
N shall be maintained and made available by the permit holder tions are approved.
N until final approval has been granted by the building official. F. Energy efficiency inspections shall be made to deter
-
Nm Subp.4.Inspection requests.The building official shall pro- mine compliance with Minnesota Energy Code
N vide the applicant with policies, procedures, and a timeline requirements.
N for requesting inspections.The person doing the work authe board inspections shall be made after
N rized by a permit shall notify the building official that the G. Lath and gypsumP
N work is ready for inspection. The person requesting an lathing and gypsum board,interior and exterior,are in
N inspection required by the code shall provide access to and place, but before any plastering is applied or before
N means for inspection of the work. gypsum board joints and fasteners are taped and fin-
ished.
MSubp.S.Approval required.Work shall not be done beyond tion: Gypsum board that is not part of a fire
N the point indicated in each successive inspection without first Exce P yp
N obtaining the approval of the building official. The building resistive assembly or a shear assembly.
.,n,c 6AIWWCCtTh at no nada CC)DE ADMINISTRATION