ORD 91-12Ordinance No. 91-12
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW, ICE, DIRT,
AND RUBBISH FROM SIDEWALKS; THE ELIMINATION OF WEEDS FROM PUBLIC
AND PRIVATE PROPERTY; REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR
SAFETY HAZARDS FROM PRIVATE PROPERTY, EXCLUDING ANY HAZARDOUS
BUILDING INCLUDED IN MINNESOTA STATUES, SECTIONS 463.15 TO
463.26; INSTALLATION OR REPAIR OF WATER SERVICE LINES; THE REPAIR
OF SIDEWALKS AND ALLEYS; SPRINKLING AND OTHER DUST TREATMENT OF
STREETS; THE TRIMMINGS AND CARE OF TREES AND REMOVAL OF UNSOUND
AND DISEASED TREES; THE OPERATION OF A STREET LIGHTING SYSTEM;
AND THE COLLECTION OF THE COSTS OF SUCH WORK OR SERVICE WHEN DONE
BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY
BENEFITED; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
The following official suuMmary of this ordinance has been
approved by the Otsego City Council as clearly informing the
public of the intent and effect of the ordinance:
It is intent and effect of the above entitled ordinance to
require the removal of snow, ice, dirt, and rubbish from
sidewalks within the City within a designated time, after which
the City may remove the same and charge the noncompliant property
owner. The ordinance also empowers the City to remove public
health or safety hazards from private property, excluding,
hazardous buildings which are controlled by State Statute' and to
charge the owner of said property for removal of the hazard. The
ordinance also covers installation or repair of water service
lines, repair of sidewalks and alleys, dust control treatment of
streets, trimming, care, and removal of trees, and the operation
of a street lighting system. The ordinance allows the City to
make the above mentioned repairs or work and to charge individual
private property owners for such work. When these costs are
billed to the property owner and not paid the ordinance allows
the City to place such unpaid bills as a special assessment
against the benefited property. The ordinance also provides a
misdemeanor penalty for violations thereof.
This summary approved by the Otsego City Council this
day of July, 1991.
In favor: ml)
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Opposed:
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Meter , i ty o Otsego
C y, C erk, City of Otsego
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 91-12
AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW, ICE, DIRT,
AND RUBBISH FROM SIDEWALKS; THE ELIMINATION OF WEEDS FROM PUBLIC
AND PRIVATE PROPERTY; REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR
SAFETY HAZARDS FROM PRIVATE PROPERTY, EXCLUDING ANY HAZARDOUS
BUILDING INCLUDED IN MINNESOTA STATUES, SECTIONS 463.15 TO
463.26; INSTALLATION OR REPAIR OF WATER SERVICE LINES; THE REPAIR
OF SIDEWALKS AND ALLEYS; SPRINKLING AND OTHER DUST TREATMENT OF
STREETS; THE TRIMMING AND CARE OF TREES AND REMOVAL OF UNSOUND
AND DISEASED TREES; THE OPERATION OF A STREET LIGHTING SYSTEM;
AND THE COLLECTION OF THE COSTS OF SUCH WORK OR SERVICE WHEN DONE
BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY
BENEFITED; AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS:
6-3-1: Definition The term "current service" as used in this
ordinance means one or more of the following: snow, ice, or
rubbish removal from sidewalks; weed elimination from street
grass plots adjacent to sidewalks or from private property;
removal or elimination of public health or safety hazards from
private property, excluding any hazardous building included in
Minnesota Statutes, Section 463.15 to 463.26; installation or
repair of water service lines; street sprinkling, street
flushing, light street oiling, or other dust treatment of
streets, repair of sidewalks and alleys; trimming and care of
trees and removal of unsound and insect -infected trees from the
public streets or private property the operation of a street
lighting system, the operation and maintenance of a fire
protection system or pedestrian skyway system.
6-3-2: Snow, Ice, Dirt and Rubbish Removal.
A. All snow, ice, dirt, and rubbish
remaining on a public sidewalk more than 12 hours after its
deposit thereon is a public nuisance. The owner and the occupant
of any property adjacent to a public sidewalk shall use diligence
to keep such walk safe for pedestrians. No such owner or
occupant shall allow snow, ice, dirt, or rubbish to remain on the
walk longer than 12 hours after its deposit thereon.
B. The authority designated by the City Council shall remove
from all public sidewalks all snow, ice, dirt and rubbish as soon
as possible beginning 12 hours after any such matter has been
deposited thereon or after the snow has ceased to fall. He shall
keep a record showing the cost of such removal adjacent to each
separate lot and parcel and shall deliver such information to the
city clerk.
6-3-3: Weed elimination.
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A. Any weeds,whether noxious as defined by
law or not, growing upon any lot or parcel of land outside the
traveled portion of any street or alley in the city to a greater
height than 12 inches or which have gone or are about to go to
seed are a nuisance. The owner and the occupant shall abate or
prevent such nuisance on such property and on land outside the
traveled portion of the street or alley abutting on such property.
B. On or before June 1 of each year and at such other times
as ordered by resolution of the council, the city clerk shall
publish once in the official newspaper a notice directing owners
and occupants of property within the city to destroy all weeds
declared by Subd. 1 to be a nuisance and stating that if not so
destroyed within ten days after publication of the notice, the
weeds will be destroyed by the authority designated by the
City Council at the expense of the owner and if not paid, the
charges for such work will be made a special assessment against
the property concerned.
C. If the owner or occupant or any property in the city
fails to comply with the notice within ten days after its
publication, the authority designated by the City Council shall
cut and remove such weeds. He shall keep a record showing the
cost of such work attributable to each separate lot and parcel
and shall deliver such information to the city clerk.
3-4: Public Health and Safety Hazards. When the city removes or
eliminates public health or safety hazards from private property
under Ordinance No. 6-2, the City's Nuisance Ordinance, the
administrative officer responsible for doing the work shall keep
a record of the cost of such removal or elimination against each
parcel of property affected and annually deliver such information
to the city clerk. This section does not apply to hazardous
buildings under the hazardous building law, Minnesota Statutes,
Sections 463.15 to 463.26.
6-3-5: Installation and repair of water service lines. Whenever
the city installs or repairs water service lines service lines
serving private property the authority designated by the City
Council shall keep a record of the total cost of the installation
or repair against the property and deliver such information to
the city clerk annually by August 15 as to each parcel of
property on which the cost has not been paid.
6-3-6: Repair of sidewalks and alleys.
A. The owner of
any property within the city abutting a public sidewalk or alley
shall keep the sidewalk or alley in repair and safe for
pedestrians.
B. The authority designated by the City Council shall make
such inspections as are necessary to determine that public
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sidewalks and alleys within the city are kept in repair and safe
for pedestrians or vehicles. If he finds that any sidewalks or
alley abutting on private property is unsafe and in need of
repairs, he shall cause a notice to be served, by registered or
certified mail or by personal service, upon the record owner of
the property and the occupant, if the owner does not reside
within the city or cannot be found therein ordering such owner to
have the sidewalk or alley repaired and made safe within 14 days
and stating that if the owner fails to do so, the authority
designated by the City Council will do so on behalf of the city,
that the expense thereof must be paid by the owner, and that if
unpaid it will be made a special assessment against the property
concerned.
If the sidewalk or alley is not repaired within 14 days
after receipt of the notice the authority designated by the City
Council shall report the facts to the council and the council
shall by resolution order said authority to repair the sidewalk
or alley and make it safe or order the work done by contract in
accordance with the law. The authority designated by the City
Council shall keep a record of total cost of the repair
attributable to each lot or parcel or property and report such
information to the city clerk.
6-3-7: Street sprinkling, street flushing, tree care, etc.
A. The council shall each year determine by resolution what
streets and alleys shall be sprinkled or flushed, oiled, or given
other dust treatment during the year and the kind of work to be
done on each. The council shall also determine by resolution
from time to time the streets on which trees shall be trimmed and
cared for, the kind of work to be done, and what unsound trees
shall be removed. Before any work is done pursuant to either of
these resolutions, the clerk shall, under the council's
direction, publish notice that the council will meet to consider
such projects. Such notice shall be published in the official
newspaper at least once no less than two weeks prior to such
meeting of the council and shall state the date, time, and place
of such meeting, the streets affected and the particular projects
proposed, and the estimated cost of each project either in total
or on the basis of the proposed assessment per front foot or
otherwise.
B. At such hearing or at any adjournment thereof, the
council shall hear property owners with reference to the scope
and desireability of the proposed projects. The council shall
thereupon adopt a resolution confirming the original projects
with such modifications as it considers desirable and shall
provide for the doing of the work by day labor through the
authority designated by the City Council or by contract.
The authority designated by the City Council shall keep a
record of the cost and the portion of the cost properly
attributable to each lot and parcel of property abutting on the
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street or alley on which the work is done and shall report such
information to the city clerk.
6-3-8: Street Lighting System. The city clerk shall keep a record
of the cost of operation of the street lighting system for the
12 months preceding September 1 of each year and the portion of
the cost properly attributable during that period to each lot and
parcel of property abutting on the street or alley in which the
system is located. All such costs shall be collected in the
manner provided by this ordinance.
6-3-9: Personal Liability. The owner of property on which or
adjacent to which a current service has been performed shall be
personally liable for the cost of such service. As soon as the
service has been completed and the cost determined, the city
clerk, or other designated official, shall prepare a bill and
mail it to the owner and thereupon the amount shall be
immediately due and payable to the office of the city clerk.
6-3-10: Assessment. On or before September 1 of each year, the clerk
shall list. the total unpaid charges for each type of current
service against each separate lot or parcel to which they are
attributable under this ordinance. After notice and hearing as
provided in Minnesota Statutes Section 429.061, the council may
then spread the charges against property benefited as a special
assessment under Minnesota Statutes, Section 429.101 and other
pertinent statues for certification to the county auditor and
collection along with current taxes the following year or in
annual installments, not exceeding ten, as the council may
determine in each case. (12)
6-3-11: Penalty. Any person who maintains a nuisance in violation of
Section 2 or 3 and any person who interferes with a city employee
or other authorized person in the performance of any current
service under this ordinance is guilty of a misdemeanor, but
prosecution shall be brought for such violation only on the
direction of the council. If convicted of such violation, such
person shall be subject to a fine of not more than $700.00 or
imprisonment for not more than 90 days, and the costs of
prosecution in either case may be added.
6-3-12: Separability. In case any section of this ordinance is held
invalid by a court of competent jurisdiction, the invalidity
shall extend only to the section affected and other sections of
the ordinance shall continue in full force and effect.
6-3-13: Effective Date. This ordinance shall be in full force and
effect from and after its passage and publication
Adopted by the council this --� day of , 19
�Mey- r, City f Otsego
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(a E A L )