AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW, ICE, DIRT, AND RUBBISH FROM SIDEWALKS; THE ELIMINATION OF WEEDSFROM PUBLIC AND 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; 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; AND THE COLLECTION OF THE COSTS OF SUCH WORK OR SERVICE WHEN DONE BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST THE PROPERTY BENEFITTED; AND PROVIDING PENALTIES FOR VIOLATION.
THE CITY COUNCIL OF WABASSO ORDAINS:
Section 1. Definition. The term ”current service” as used in this ordinance means one or more of the following: snow, ice, rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of health or safety hazards from private property, excluding any hazardous building included in Minnesota Statutes, Section 463.15 to 463.26; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; and trimming and care of trees and removal of unsound and insect-infected trees from public streets or private property.
Section 2. Subd. 1. 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 sidewalk longer than 12 hours after its deposit thereon.
Subd. 2. The street superintendent shall remove from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 12 hours after ant 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.
Section 3. Weed Elimination. Subd. 1. 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 10 inches or which have gone to 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.
Subd. 2. When the owner and occupant permit a weed nuisance to exist in violation of Subdivision 1, the weed inspector shall serve notice upon the owner of the property if he resides in the city and can be found or upon the occupant in other cases, by registered or certified mail or by personal service, ordering such owner or occupant to have such weeds cut and removed within 10 days after receipt of the notice and also stating that in the case of noncompliance such work will be done by the street superintendent at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. When no owner, occupant, or agent of the owner or occupant can be found, the provision for notice shall not apply.
Section 4. Public Health and safety Hazards. When the city removes or eliminates public health or safety hazards from private property under Ordinance No. 218 entitled “An Order Defining And Prohibiting Nuisances and Providing a Penalty for Violation” 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 buildings law, Minnesota Statutes, Sections 463.15 to 463.26.
Section 5. Repair of sidewalks and alleys. Subd. 1. 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. Repairs shall be made in accordance with the standard specifications approved by the council and on file in the office of the city clerk.
Subd. 2. The street superintendent shall make such inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles. If he finds that any sidewalk 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 title 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 sixty (60) days and stating that if the owner fails to do so the street superintendent will do so on behalf of the city, that the expense thereof must be paid by the owner, and if unpaid it will be made a special assessment against the property concerned.
Subd. 3. If the sidewalk or alley is not repaired within 60 days after receipt of the notice, the street superintendent shall report the facts to the council and the council by resolution order the street superintendent to repair the street or alley and make it safe for or orde the work done by contract in accordance with the law. The street superintendent shall keep a record of the total cost of the repair attributable to each lot or parcel of property and report such information to the city clerk.
Section 6. Street sprinkling, street flushing, tree care, etc. Subd. 1. The council shall each year determine by resolution that 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 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 to be 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.
Subd. 2. At such hearing or at any adjournment thereof, the council shall hear property owners with reference to the scope and desirability 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 such work by day labor through the street superintendent or by contract.
The street Superintendent shall keep a record of the cost and the portion of the cost properly attributable to each lot and parcel of property abutting the street or alley on which the work is done and shall report the information to the city clerk.
Section 7. 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 at the office of the city clerk.
Section 8. Assessment. On or before August 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 my then spread the charges against the property benefitted as a special assessment under Minn. Stat., Section 429.101 and other pertinent statutes 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 determines in each case.
Section 9. Penalty. Any person who interferes with a cioty employee or other authorized person inn the performance of any current service under this ordinance is guilty of a misdemeanor, but a prosecution shall be brought for such violation only on the direction of the council. If convicted of such violation , such person shall be guilty of a misdemeanor and may be punished by a fine of not more than $700 or imprisonment for not more than 90 days, or both, and the costs of prosecution in either case may be added.
Section 10. 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.
Section 11. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication.
Adopted by the council this 8th day of December, 1997.
John Van Loy
Mayor
ATTEST:
Marilyn J. Davis
City Clerk