HomeMy WebLinkAbout2015-02-11 CR - Nuisance - Yard Clean Up •
CITY OF
OAK PARK HEIGHTS
-- '�► 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439 4439 • Fax:651/439-0574
x�#
February 11, 2014
Mr. Wayne Hellerman
✓ 15105 63rd St. N.
Oak Park Heights, MN 55082
Re: Nuisance Compliance Request - Yard Clean Up
Dear Mr. Hellerman:
In August of 2014, we met regarding approval to place a temporary tent-type structure to your
rear yard to enclose and store the items about your yard area until no later than June 1, 2015,
where you were then to remove these items from the yard areas. The tent and yard clean-up was
to occur prior to September 18, 2014 and was a stop-gap measure to afford you time until Spring
2015.
I visited your residence February 4, 2015 and found the tent-type structure to be partially
assembled and a large amount of storage-to your entire yard area, including several vehicles that
appear to be "junk"cars.
This letter serves as the City's notice to you that the condition of your yard is in violation of City
Nuisance Ordinance 1109.04. J and City Ordinance 1301 Regulating&Limiting The Storage Of
Vehicles & Declaring Certain Vehicles To Be A Public Nuisance, with regard to the piling,
storing or keeping of old machinery, wrecked,junk, or inoperative vehicles, and other junk or
debris to your yard. Copies of these ordinances are enclosed.
As our efforts to work with you to achieve Ordinance compliance have been unsuccessful, you
are hereby directed to remove all items and inoperable vehicles from your yard no later than
Monday, March 16, 2015. A compliance check will be made on or after the 16th of March. If
compliance is not found, this matter will be required to be forwarded to the Police Department
and you may be cited for violation of such City Ordinance(s).
If the City can in some way assist you in coming into compliance with these issues please let us
know what we may do to help. Contact me immediately with any questions you may have.
Sincerely
-
Julie ]Altman, Building Official
Plann & Code Enforcement
Enclosures
pc: Eric Johnson, City Administrator
Brian DeRosier, Chief of Police
Tree City U.S.A.
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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;
B. All wires which are strung less than fifteen(15) feet above the surface of any
public street or alley;
C. All buildings, walls, and other structures which have been damaged by fire,
decay or otherwise as to an extent exceeding one-half(1/2)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 are 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,
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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 700 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)minute period,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
p.m.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
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
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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.
iii. 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;
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;
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" I
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;
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;
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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.
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.
1109.07 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
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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
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 1109.04. Passed by the City Council on 12/9/2014
Amended: Section 1109.07. Passed by the City Council 2/26/2013
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,Towing 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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