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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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ATTEST: jwvv�.,
Tami Loff, City Clerk
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