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ORD 00-16CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. o o - 1 h AN ORDINANCE AMENDING OTSEGO ORDINANCE NO. 9 1 - 2 3 DEFINING NUISANCES, PROHIBITING THEIR CREATION OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Otsego Ordains as follows: Otsego Ordinance No.91-21 hereby amend as follows: Section 1: Section 6-2-1 Purpose is added and reads as follows: 6-2-1: ose. The purpose of this ordinance is to protect the general, health, safety and welfare of the citizens of the City of Otsego by prohibiting the occurrence and maintenance of public nuisances and eliminating junk and blight within the City. The ordinance allows for the abatement of public nuisances and provides penalties for and remedies against those causing or maintaining a public nuisance. Section 2: Section 6-2-3 Public Nuisance Affecting Health, section F, is amended to read as follows: F. The discharge, disposal, accumulation, or collection of sewage or industrial waste without proper permit or approval; Section 3: Section 6-2-5 Public Nuisances Affecting Peace and Safety, section F, is amended to read as follows: F. Placing or storing on any street, sidewalk, alley or public right-of- way any boxes, goods, wares, merchandise, building materials, machinery, business or trade article except for the purpose of immediately transferring the same to some other proper place; Section 4: Section 6-2-5 Public Nuisances Affecting Peace and Safety, section H, is amended to read as follows: H. Radio aerials or television antennae erected or maintained in a dangerous manner; Section 5: Section 6-2-5 Public Nuisances Affecting Peace and Safety, section O, is amended to read as follows: O. Accumulations in the open of broken or unused metal, wood, lumber, cement, electrical fixtures, plumbing fixtures, building materials (but excluding building materials awaiting use and stored for a reasonable period of time for allowable or improvement presently in progress on the same premises), discarded or unused machinery, household appliances, automobile bodies, trash, debris, rubbish or other material, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or items accumulated in a manner creating fire, health, or safety hazards; Section 6: Section 6-2-6 Storage of Personalty, is amended to read as follows: 6-2-6: Storage of Personalty. A. Unsheltered storage of unused, stripped, junked, and other automobiles, recreational vehicles, motorcycles, watercraft or any other motor vehicle, not in good and safe operating condition and bearing a current State of Minnesota License or Registration for that type of vehicle, and of any other vehicles, machinery, implements, and/or equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, all of which is hereinafter described as "said personalty", for a any period of thirty days or more within any given year(except in licensed junkyards) within the corporate limits of the City of Otsego is hereby declared to be a nuisance and dangerous to the public safety. B. For purposes of this ordinance unsheltered storage means said personalty which is not stored in a permitted structure complying with the then existing and controlling City ordinances. The period of one year for purposes of considering whether or not a continuing violation exists commences upon the date of notice of the violation. In the event that any violation is corrected but a same or similar act occurs within the one year time period set forth above it shall be considered a continuation of the original violation and each day that 2 said violation exists may be considered a separate violation as well as a continuation of the original violation. C. Abatement by Owners. The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of the City of Otsego upon which such above prohibited storage or any other violation of this ordinance is made, and also the owner, owners, and/or lessees of said personalty involved in such storage or any other material constituting a violation of this ordinance, all of whom are hereinafter collectively referred to as "owners", shall jointly and severally abate said nuisance by the prompt removal of said personalty or materials into completely enclosed buildings authorized to be used for such purposes, or to a licensed junkyard or waste facility, or remove it to a location outside the corporate limits of the City of Otsego. D. Abatement by the City. Whenever said owners fail to abate such nuisances the City shall remove the said personalty or materials to a location of its selection. Abatement of such nuisance by the City shall be in accordance with Section 6-2-12 of this ordinance. Costs incurred by the City during said abatement, including the cost of storage or disposal, shall be recoverable from the said owners, jointly and severally, in accordance with Section 6-2-13 of this ordinance or in a suit at law. E. Disposal of Property After Abatement by the City. When said personalty or materials have been removed and placed in storage by the City, as provided for herein, said personalty shall be sold by the City after the lapse of such time as is provided for by law. If the proceeds of such sales are insufficient to pay the costs of abatement and storage said owners shall be liable to the City for the balance of the costs. If the proceeds are in excess of the costs, including storage, the balance shall be paid to said owners or deposited in the City Treasury for their use. Section 7: Section 6-2-13 Abatement, section A, is amended to read as follows: A. General. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the 3 premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding thirty (30) days, within which the nuisance is to be abated. If the notice is not complied with within the time specified, the enforcing officer shall, in the same manner described above serve notice at least seven (7) days prior to a scheduled hearing by the City Council upon the owner or occupant of the property. Thereafter, the Council may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the City. The City Council shall by resolution adopt a Notice of Abatement, which shall set forth the nuisance to be abated and shall indicate a date and time on which the City will enter onto the property and abate the nuisance. The notice shall also notify the property owner that the costs of abatement will be billed to the property owner and if not paid will be assessed against the property. The Notice of Abatement shall be served upon the owner and/or occupant in person or by certified or registered mail at least seven (7) days prior to the proposed date for the City to abate the nuisance. If the premises is unoccupied or the owner and/or occupant cannot be served notice may be posted upon the premises at least seven (7) days prior to the proposed abatement. Section 8: Section 6-2-14 Recovery of Cost, is amended to read as follows: 6-2-14: Recovery of Cost. A. Personal Liability. The owner of the premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including legal and administrative costs. As soon as the work has been completed and the costs determined, the clerk or other official designated by the Council shall prepare a bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the Office of the Clerk. B. Assessment. If the nuisance is a public health or safety hazard on private property or the accumulation of snow and ice on public sidewalks, the Clerk shall, on or before September 1, next following abatement of the nuisance, list the total unpaid charges (including all applicable legal and administrative costs) along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101, against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and 4 collection along with current and following year taxes, or in annual installments, not exceeding ten, as the Council may determine in each case. Section 9: Section 6-2-15 Penalty, is amended to read as follows: 6-2-15: Penal . Any person violating any provision of this order shall, upon conviction be guilty of a misdemeanor and shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. Each day a nuisance continues to exist is deemed a separate punishable offense under this ordinance. The City may, in its discretion, seek any civil remedies available to it as well, including injunctive relief or abatement. Each right or remedy accruing to the City under this ordinance or at law is separate and distinct and may, in the City's discretion, be exercised independently or simultaneously with any other right or remedy. This ordinance amendment to be effective upon its passage and publication according to law. ADOPTED this L'.1c day of 2000. 4f IN FAVOR: LARRY FOURNIER, MAYOR, CM VERN HEIDNER, CM VIRGINIA WENDEL, CM SUZANNE ACKERMAN AND CM RICHARD NICHOLS OPPOSED: no one CZayy>or,.5CWo Otsego ATTEST: "�g Otsego City Clerk Publish: October 25, 2000 - Elk RiverSSSar News Posted: Otsego City Hall - Both Boards 10/19/00 5