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ORD 09-03SUMMARY ORDINANCE NO.: 2009-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING CITY CODE OF THE CITY OF OTSEGO REGARDING PROPERTY MAINTENANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-7-1 of the Otsego City Code is hereby amended to read as follows: 5-7-1: DEFINITIONS: The following terms shall be defined as follows for the purposes of this Section: A. Boulevard. B. Current Service C. Natural Landscaping. D. Natural Landscaping Permit. E. Natural Landscaping Maintenance Plan. F. Noxious Weed G. Undesirable Plant H. Turf Grass. Section 2. Section 5-7-3 of the Otsego City Code is hereby amended to read as follows: 5-7-3: YARD AND BOULEVARD MAINTENANCE A. Purpose. B. General Requirements. C. Plants Prohibited. D. Boulevard Plantings. E. Natural Landscaping. F. Composting. G. Exceptions: H. Enforcement: 1 Section 3. Section 5-7-12 of the Otsego City Code is hereby amended to read as follows: 5-7-12: PENALTY. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: CM Scharber SECOND BY: CM THorsted ALL IN FAVOR: Mayor Stockamp; Councilmembers: SCharber, Thorsted, Heidner and Darkenwald THOSE OPPOSED: None ADOPTED by the Otsego City Council this 27th day of April, 2009. ATTEST: dLM,,Lm U -) Tami Loff, City Clerk CITY OF OTSEGO ./Wl - i'�fJ �� Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. 2 ORDINANCE NO.: 2009-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING CITY CODE OF THE CITY OF OTSEGO REGARDING PROPERTY MAINTENANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-7-1 of the Otsego City Code is hereby amended to read as follows: 5-7-1: DEFINITIONS: The following terms shall be defined as follows for the purposes of this Section: A. Boulevard: Rural Streets: The public right-of-way lying between the outside line of the area maintained by the City for roadway purposes by right-of-way or prescriptive easement and the edge of the paved or unpaved roadway surface, including shoulders. 2. Urban Streets: The public right-of-way lying between the property line and sidewalk, and between the sidewalk and the roadway, or where no sidewalk exists, between the property line and the roadway. B. Current Service. 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 treatments of streets, repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect -infected streets 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. C. Natural Landscaping. Any land managed to preserve or restore native Minnesota grasses, forbs, native trees, shrubs, wildflowers and aquatic plants. D. Natural Landscaping Permit. A permit issued by the City pursuant to this Section allowing an owner or occupant to cultivate native Minnesota grasses, forbs, native trees, shrubs, wildflowers and aquatic plants upon his/her property, subject to the restrictions of this Section. E. Natural Landscaping Maintenance Plan. A document submitted with an application for a Natural Landscaping Permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons. F. Noxious Weed. An annual, biennial or perennial plant that the State of Minnesota designates to be injurious to public health, the environment, public roads, crops, livestock or other property. G. Undesirable Plant. A non -noxious species that is classified as exotic, invasive, injurious or poisonous including but not limited to, broadleaf and grass weeds. H. Turf Grass. Cultivated vegetation consisting of a highly maintained surface of dense grass underlain by a thick root system. Section 2. Section 5-7-3 of the Otsego City Code is hereby amended to read as follows: 5-7-3: YARD AND BOULEVARD MAINTENANCE A. Purpose. The purpose of this Section is to establish minimum standards for lawn and yard maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn are recognized as important parts of a diverse and successful landscape. B. General Requirements. 1. The owner or occupant of any lot or parcel shall install and maintain turf grass or combined ground cover of cultivated vegetation, garden, hedges, trees and shrubbery. All plants shall be alive, of good quality, and disease free or shall be replaced or removed unless dormant due to season or exceptional weather conditions. 2. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance of the property on which located and thereby the appearance of the neighborhood and the City. 2 3. The owners or occupant of any lot or parcel shall be responsible for lawns and the boulevard portion of the public right-of-way to be maintained to a height not to exceed eight (8) inches. 4. Irrigation: a. Properties within agricultural and residential zoning districts established by Section 20-50-1 of the Zoning Ordinance developed after [EFFECTIVE DATE] with two family, townhouse or multiple family dwelling units or institutional uses shall provide an exterior in ground irrigation system within the property and the boulevard portion of the public right-of-way abutting the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished. b. Properties within business, industrial and institutional districts established by Section 20-50-1 of the Zoning Ordinance developed after [EFFECTIVE DATE] shall provide an exterior in ground irrigation system within the property and the boulevard portion of the public right-of-way abutting the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished. C. Plants Prohibited. 1. The owners and occupants of all property within the City shall destroy all of the following plants listed on the prohibited noxious weeds list established by Minnesota State Statue, Chapter 18, Sections 18.75 — 18.88 and Minnesota Rules, parts 1505.0730 —1505.0760, which include the following: a. Garlic Mustard, Alliaria petiolata b. Hemp, Cannabis sativa C. Bull Thistle, Cirsium vulgare d. Musk Thistle, Carduus nutans e. Plumeless Thistle, Carduus acanthoides f. Canada Thistle, Cirsium arvense g. Field Bindweed, Convolvulus arvensis h. Leafy Spurge, Euphorbia esula i. Perennial Sowthistle, Sonchus arvensis Poison Ivy, Toxicondendron radicans* k. Purple Loosestrife, Lythrum saiicaria, virgatum * Native species to Minnesota. 2. Any property subject to Section 5-7-3.13 of this Section containing dead or diseased plants, secondary noxious weeds as established by Minnesota Rule 1505.0740, or undesirable plants or turf grass growing to a height in excess of eight (8) inches shall be in violation of the provisions of this Section and deemed a nuisance. D. Boulevard Plantings. A property owner in the City shall be permitted to plant and maintain trees and gardens on the boulevards abutting their property along local streets defined by the Comprehensive Plan. 2. No boulevard shall be planted without written documentation that the property owner has contacted "Gopher State One Call" to determine location of sewer and water mains, laterals and service and other underground utility lines forty-eight (48) hours before digging. 3. Trees installed after April 27, 2009: a. Trees shall be deciduous of the type authorized by Section 20-16-7 of the Zoning Ordinance. b. Tree shall not be planted within ten (10) feet of any sewer or water line or driveway or within two (2) feet of any gas, electric or telephone lines underground. C. Trees shall be planted a minimum of three (3) feet from the back of curb or edge of shoulder of a public street. d. Tree limbs shall be maintained to provide a minimum fourteen (14) feet of clearance for the nearest vehicle lane on a public street and eight (8) feet of clearance along public sidewalks. 4. Plantings other than trees allowed by Section 5-7-3.D.3 of this Section installed after April 27, 2009: a. Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be planted or maintained. 4 wb. Plantings may not exceed thirty-six (36) inches in height. Plantings within thirty (30) feet of any intersection (as measured from the property line) or within) twenty (20) feet of any alley, or driveway approach (as measured from the end of the radius, or within five (5) feet of a public utility fixture or street curb may not exceed twelve (12) inches in height. C. Plantings shall be limited to twelve (12) inches in height within ten (10) feet of the curb on street sections that do not have parking lanes, or along on street sections where "no parking" restrictions of any kind apply. 5. Plantings must be maintained in such a way that there is no overhang or encroachment onto the sidewalk, curb or street area. 6. Notwithstanding the foregoing, all boulevards remain public property and are subject to the right of the City to restrict any plantings and/or private irrigation systems that are deemed to interfere with the use of the public right-of-way as determined necessary by the City or which affects the safety of pedestrians and motorists alike: a. The City and other right-of-way users allowed by Chapter 6, Section 6 of the City Code shall have the right to perform necessary work to plant, trim and otherwise maintain trees, to access utilities and to store excess snow. b. In the event the City or other right-of-way user interferes with boulevard plantings or private irrigation in the course of such work, they shall be responsible only to restore the boulevard to the original grassy state by use of black dirt and grass seed. C. In no event shall the City or other right-of-way user be liable for any damage to, disruption of or removal of plantings, either direct or indirect, as a result of the City, its employees, agents or contractors performing any installation, maintenance or repairs. E. Natural Landscaping. Any owner or occupant of a lot or parcel within the R -4A, R-4, R-5, R-6, R-7 or R -MH Districts established by the Zoning Ordinance that is subject Section 5-7-3.13 of this Section desiring natural landscaping as defined by this Section may apply for a natural landscaping permit, where native grasses and forbs may exceed eight (8) inches in height, subject to the review and approval by the Zoning Administrator, provided that: An application for a natural landscaping permit shall be submitted on the form provided by the City and shall include the required application fee established by Section 2-4-2 of the City Code and the following information: a. Statement of intent and purpose in cultivating natural landscaping. b. A site plan drawn to scale illustrating the following information: 1. Lot lines. 2. Location of principal and accessory buildings. 3. Any drainage and utilities easements upon the property. 4. Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property. 5. Location of the proposed natural landscaping. C. Latin and common names of the species the property owner or occupant plans to cultivate. d. Name and address of a Professional Landscaping Company which has been hired to perform maintenance on the natural landscaping; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the natural landscaping. e. A maintenance plan, which shall contain the following: 1. Planting diagram showing the location and mature height of all specimens of natural landscaping; and, 2. Detailed information on the upkeep of each specimen; and, 3. Details of any long-term maintenance required for natural landscaping. f. Other information as may be required by the Zoning Administrator. 2. Maintenance of Setbacks and Drainage Swales. a. Natural landscaping shall be setback ten (10) feet from any lot line abutting a public right-of-way and five (5) feet from interior side and rear lot lines. b. All stormwater basins and drainage swales shall be free of plantings and maintained in accordance with Section 5-7-3.13 of this Section. C. In addition, a five (5) percent area exclusive of the setback area shall be left open for maintained paths. C6i 3. Review and Approval. a. The Zoning Administrator shall review the natural landscaping permit list of all registered natural landscaping properties within thirty (30) days of the submittal and notify in writing the owner of occupant of any noncompliance of this subsection. b. The Zoning Administrator shall approve no natural landscaping for any owner or occupant having unresolved City code violations or administrative citations. 4. Revocation. a. The Zoning Administrator shall regularly inspect any property holding a natural landscaping permit for compliance with the maintenance plan on file with the City. b. For any property out of compliance with the maintenance plan shall be subject to enforcement action as provided for Section 5-7-3.G of this Section. F. Composting. Composting shall be allowed on agricultural properties, properties where there is a single family detached dwelling or on property owned or operated by the City as an essential service in conformance with the following standards: 1. Permitted Composting Materials. Only yard waste, straw, fruit, vegetable scraps, coffee grounds or egg shells generated on the site are permitted composting materials as well as commercially available ingredients specifically designed to speed up or enhance decomposition and can be placed in the composting structure. 2. Prohibited Composting Materials. The following materials shall not be placed in the composting structure: woody yard waste, meat, bones, fat oils, whole eggs, dairy products, unshredded branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants, or any other garbage or refuse except those permitted in Section 5-7-3.F.1 of this Section. 3. Composting Structure. All composting materials shall be contained in a structure constructed of wood, wire mesh, a combination of wood and wire or in commercially fabricated compost bins design to contain composting materials subject to the following: a. One (1) composting structure shall be allowed per lot. b. Composting structures shall not exceed a total of three hundred (300) cubic feet in volume. bl C. Location: The composting structure shall be located in the rear yard of the property as defined by the Zoning Ordinance 2. The composting structure shall comply with setbacks applicable to the property for accessory structures established by the Zoning Ordinance. 3. The composting structure shall be a minimum of forty (40) feet from any habitable building on abutting properties. 4. Maintenance. Standard compost management shall be used to enhance rapid biological degradation of the material to prevent combustion and objectionable odors, including aeration, adding moisture and providing a balance of composting materials. 5. The compositing or operation of composting structure in a manner that not compliant with the provisions of this section or that results in objectionable odors shall be a public nuisance and a violation of this Section. G. Exceptions: Fence lines and open pastures within agricultural zoning districts defined by Section 20-50-1 of the Zoning Ordinance or other properties being actively farmed shall be exempt from the provisions of Section 5-7-3.B.1.b of this Chapter. 2. Outlots platted with in subdivisions zoned R -C, Residential Rural Cluster Open Space District and designated as permanent open space in accordance with Section 20-60-7 of the Zoning Ordinance shall be exempt from the provisions of Section 5-7-3.B.1.b of this Chapter. 3. Outlots and Undeveloped Parcels. a. The outlot or undeveloped parcel(s) shall be planted with a seed mixture approved by the Zoning Administrator and maintained to prevent growth of noxious weeds prohibited by Section 5-3-7.C.1 of this Section. b. For an outlot or undeveloped parcel(s) consisting of: A contiguous tract of less than one (1) acre shall be more shall be exempt from Section 5-7-3.B.1.b of this Chapter and shall maintained to a height not to exceed twelve (12) inches provided that a physical barrier exists to separate the parcel from adjacent properties. 8 2. A contiguous tract of one (1) acre or more shall be exempt from Section 5-7-3.B.1.b of this Chapter if a physical barrier exists to separate the parcel from adjacent properties. 3. A transition strip of land measuring ten (10) feet on that property that is maintained in compliance with Section 5-7- 3.6.1 of this Chapter is required next to the abutting properties if a physical barrier separating the properties does not exist. C. For the purposes of this Section, a physical barrier shall meet one of the following criteria: The properties are separated by a public right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of thirty (30) feet across its entire length. 2. The abutting land use is a nonresidential use allowed in the district in which it is located. 4. Any privately or publicly owned land encumbered by a stormwater basin, drainageway, wetland, wetland buffer or public water shall be exempt from Section 5-7-3.13 of this Section. 5. Parks, natural areas and other properties owned by the City of Otsego shall be exempt from this Section. 6. Public rights-of-way maintained by the State, County or City shall be exempt from Section 5-3-7.13 of this Section. 7. Natural Landscaping approved in accordance with Section 5-7-3.E of this Section. H. Enforcement: On or before June 1 of each year and at such other times as ordered by resolution by the City 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 plantings declared by Section 5-7-3.C. of this Section to be a nuisance and stating that if not destroyed within ten (10) days after publication of the notice, the City may act to abate the nuisance. 2. If the owner or occupant of any property in the City fails to comply with an Administrative Notice issued in accordance with Section 2-5-3 of the City Code for a property maintenance violation of this Section within ten (10) 9 days after its publication, thening Administrator shall order cutting and/or removal of such weeds and maintain a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Clerk. Section 3. Section 5-7-12 of the Otsego City Code is hereby amended to read as follows: 5-7-12: PENALTY: A. Any person who maintains a nuisance in violation of the provisions of this Section and any person who interferes with a City employee or other authorized person in the performance of any current service under this Section is guilty of a misdemeanor and shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. B. The City may, in its discretion, seek any administrative or civil remedies available to it as well, including administrative fines, 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. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: CM scharber SECOND BY: CM Thorsted ALL IN FAVOR: Mayor Stockamp; Councilmembers: Scharber, Thorsted, Heidner and Darkenwald THOSE OPPOSED: None ADOPTED by the Otsego City Council this 27"' day of April, 2009. CITY OF OTSEGO I. I V =U 10 ATTEST: jwvv�., Tami Loff, City Clerk 11