HomeMy WebLinkAbout[09b] Ordinance 14 PenalitesCHAPTER I — GENERAL PROVISIONS
ORDINANCE 14 PENALTIES AND FEES
Section 14.01: PETTY MISDEMEANORS. Whenever an act or omission is declared by
this code to be a petty offense or petty misdemeanor, any person violating the provision, upon
conviction, shall be subject to a fine in the amount as established by Minn. Stat. ' 609.02, for
offenses defined therein as petty misdemeanors, as effective on the date on which the offense
occurred.
Section 14.02: MISDEMEANORS. Whenever an act or omission is declared by this
code to be a misdemeanor, any person violating that provision shall, upon conviction, be subject
to a fine and /or imprisonment in amounts not to exceed the penalties for offenses defined as
misdemeanors by Minn. Stat. ' 609.02, as effective on the date on which the offense occurred.
Section 14.03: NO STATED PENALTY. Unless penalty is expressly provided in the
ordinance, the violation of any provision of this code or ordinance contained therein, or any rule
or regulation adopted in pursuance thereof, or any provision of any code adopted in this code by
reference, shall be deemed a misdemeanor and subject to the penalties for a misdemeanor as
provided herein.
Section 14.04: PERMIT AND APPLICATION FEES. Permit, application, connection,
inspection and other types of fees or charges as may be assessed by the City with regard to
licensing and services shall be accumulated and listed in Appendix C to this Code of Ordinance,
subject to change and amendment by the City Council as provided by in the Ordinance
establishing the charge. Appendix C shall be amended by the City Clerk to reflect changes in the
charges or fees approved by the City Council.
Section 14.05: ADMINISTRATIVE PENALTIES.
Subd. 1: Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Code. While criminal fines and penalties have been the most
frequent mechanism, there are certain negative consequences for the City and the accused. The
delay in the criminal justice system does not ensure prompt resolution, citizens resent being
labeled criminals for violating administrative regulations, the high burden of proof and potential
incarceration are not appropriate for many Code violations, and the criminal process does not
always regard City Code violations as important. As a result, the City Council finds the use of
administrative citations and imposition of civil penalties is a legitimate and necessary alternative
enforcement method, which will be in addition to any other legal remedy that may be pursued for
Code violations.
In order to provide more flexibility in addressing City Code violations on an individual
basis that will be more effective, the City Council finds that an alternative enforcement process is
14 -0
CHAPTER I — GENERAL PROVISIONS
necessary. Therefore, to protect the health, safety and welfare of the citizens of St. Joseph, is is
the City Council's intent to create a process for the use and imposition of administrative civil
penalties that will provide the public and the City of St. Joseph with a more effective method for
addressing City Code violations.
Subd. 2: Administrative Offense. An administrative offense is a violation of any section
of this Code, except traffic violations, when one performs an act prohibited, or fails to act when
the failure is prohibited, and is subject to the penalties set forth in this Code and the City's
penalty schedule.
Subd. 3: Alternative Methods of Enforcement. A violation of the City Code is a
misdemeanor pursuant to City Code; however, this Section seeks to gain compliance with the
City Code prior to the commencement of any formal civil or criminal court action. The
administrative Civil Penalty proceedings are in addition to any legal or equitable remedy
available to the City for City Code violations. The City may, in its discretion, choose not to
issue an administrative citation and may initiate criminal charges instead.
Subd. 4: City Code Violations. A violation of the following provisions of the City Code,
or successor ordinances, shall be an administrative offense that may be subject to the
administrative hearing process. Ordinance violations area categorized as property violations,
non - property violations or parking violations.
a. Property violations.
1. Building Code
2. Plumbing Code
3. Mechanical Code
4. Electrical Code
5. Public Health and Safety
6. Fire Code
7. Zoning and Subdivision Code
8. Business License and License Regulations
9. Rental Regulations
10. Police Regulations
11. Public Ways and Property
12. Water and Sewer
13. Refuse and Garbage Collection and Disposal
14. Nuisances Affecting Health and Safety
15. Motor Vehicles and Traffic
b. Parking Violations. Parking Violations include any violation in Chapter Five or
Chapter Eight (8) of the City Code of Ordinances. Pursuant to Minnesota Statutes §
169.346, handicap parking violations will be enforced in the same manner as other
parking ordinances and therefore subject to this administrative process.
Non Property Violations. Non - Property Violations include all other Code violations
not specifically designated as Property or Parking Violations.
14 -1
CHAPTER I — GENERAL PROVISIONS
Subd. 5: Authority to Issue Compliance Letters and Administrative Citations, Property
Violations. The following City employees and agents are authorized to issue compliance letters
and administrative citations for violations of the City Code:
a. Licensed Peace Officers, or Reserve Officer
b. Building Official
c. Zoning Administrator
d. Fire Marshall/Fire Chief
e. Public Works Director
The compliance letter notice shall state the nature, date, and time of the violation, the name of
the official issuing the notice, the amount of the scheduled initial penalty and any applicable
charges. Such notice shall be served upon the violator by regular mail sent to the last known
legal address or by personal service.
If compliance is not achieved by virtue of an order to correct, the official is authorized to issue
and administrative citation. An administrative citation shall be presented in person or by mail to
the person responsible for the violation. The citation shall state the date, time, and nature of the
manner for paying the fine or appealing the citation by requesting a hearing.
Subd. 6: Authority to Issue Compliance Letters and Administrative Citations, Parking
Violations. Upon reasonable belief that a parking violation has occurred, a parking ticket will be
issued pursuant to Chapter Eight of the City Code.
Subd. 7 Authoritv to Issue Compliance Letters and Administrative Citations. Non
Property Violations. Upon a reasonable belief that a non - property code violation has occurred,
and administrative citation may be issued by a police officer or by an official designated in Subd.
5 of this Section. Service shall be in person or by mail. The citation shall state the date, time
and nature of the offense, the name of the official issuing the citation, the amount of the
scheduled fine, and the manner for paying the fine or appealing the citation by requesting an
administrative hearing.
Subd. 8. Civil Fines. The administrative offenses detailed in Subd. 4 -7 may be subject to
a civil fine. The amount of the civil fine may not exceed the amount of the maximum fine
allowed if the ordinance violation had been prosecuted as a misdemeanor. Civil Fines may not
be imposed for ordinance violations that prohibit the same conduct that is classified as a crime of
petty misdemeanor in Minnesota Statutes, Chapters 168, 168A, 169, 169A, 170, 171, and 609.
Subd. 9. Schedule of Civil Fines. The City shall adopt by resolution a schedule of civil
fines for administrative offenses for which a citation has been issued. City officials shall adhere
to this schedule of fines in issuing administrative citations pursuant to this section.
Subd. 10: Payment of Civil Fine; Request for Administrative Hearing. The person
responsible for the violation shall either pay the scheduled civil fine and illustrate compliance if
correction was part of the remedy, or request a hearing within 20 days after issuance of the
administrative citation. During that period, only the City Attorney or an Assistant City Attorney
14 -2
CHAPTER I — GENERAL PROVISIONS
has the authority to dismiss the citation and /or waive the scheduled civil fine. Upon payment of
the fine, the right to appeal is waived.
Subd. 11: Fee for Late Payment of Civil Fine.
A. A late payment fee of ten percent of the civil fine amount for property and non -
property related violations shall be imposed if the person responsible for the violation
fails to pay the civil fine within 20 days after issuance of the administrative citation or
fails to timely request the pre- conference hearing and hearing pursuant to this Article.
A late payment fee will be designated by the City Council in Schedule A of the City
Code.
B. If a civil fine is not paid within the time specified and a timely request for a hearing is
not received, the nonpayment of the civil fine shall constitute a personal obligation of
the violator. A personal obligation may be collected by the City by any appropriate
legal means. Unpaid fines that are referred to collections will be assessed a collection
fee in addition to a late fee. The collection fee shall be established by resolution and
included in Schedule A of the City Code. If the fine was imposed for a property -
related violation, the City may assess the applicable property pursuant to the
guidelines of Minnesota Statute 429.
Subd. 12: Pre - conference hearing. After a violator has made a request for an
administrative hearing the matter will be scheduled for a pre- conference hearing. The pre-
conference hearing will be conducted by the City Attorney's Office. Notice of the date, time and
location of the pre- conference hearing will be mailed to the violator. The Parking Violations
Bureau may provide oral notice of the pre- conference hearing to parking violators. The mediator
shall have the authority to:
a. mediate and enforce a settlement of the dispute;
b. determine whether a violation occurred;
reduce, stay, or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
If the dispute is not resolved through the pre- conference hearing then the matter will be
scheduled for an administrative hearing.
Subd. 13: Administrative Hearing Procedures.
A. Scheduling the Hearing. After the receipt of the written notice to contest the citation
as provided, the Hearing Officer shall schedule a hearing before an independent
hearing officer, which will be held within 60 days, unless agreed to in writing by the
parties. The City Attorney shall notify the owner of the date, time and location of
the hearing.
B. Prepayment of Hearing Cost. An administrative hearing fee shall be payable to the
City at the time of the request for hearing. However, in no event will the amount of
the administrative hearing fee exceed the total amount of the civil fine. A request for
14 -3
CHAPTER I — GENERAL PROVISIONS
hearing is not valid until the administrative hearing fee is paid. In all cases where
the person requesting an administrative hearing is unable to attend and fails to
request a continuance of the hearing at least 48 hours in advance of the hearing, all
costs incurred by the City attributable to the requested hearing shall be charged to
the requesting party and deducted from any prepayment made. The administrative
hearing fee may be refunded if the administrative hearing officer determines that no
violation occurred. In the event that the hearing officer determines that a violation
occurred, then the administrative hearing fee will be applied toward any civil fine
imposed.
C. Independent Hearing Officer. An independent hearing officer, who may be from the
office of administrative law judges, shall preside over the administrative citation
hearing.
D. Hearing Procedures. At the hearing, the parties shall have the opportunity to present
testimony and question any witnesses, but strict rules of evidence shall apply. The
hearing officer shall tape record the hearing and receive testimony and exhibits and
the full record of the hearing shall be kept. The hearing officer shall receive and
give weight to evidence, including hearsay evidence, which possesses prohibitive
value commonly accepted by reasonable and prudent people in the conduct of their
affairs.
E. Authority of Hearing Officer. The hearing officer shall have the authority to:
1. determine whether a violation occurred;
2. dismiss the administrative citation;
3. impose the schedule fine; or
4. reduce, stay or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
5. waive all or part of the administrative hearing application fee.
F. Imposition of Civil Fine by Hearing Officer. When imposing a fine, the hearing
officer may consider any or all of the following factors, but in no case shall the fine
exceed the maximum allowed by MN Statute 609.
1. the duration of the violation;
2. the frequency or reoccurrence of the violation;
3. the seriousness of the violation;
4. the history of the violation;
5. the violator's conduct after issuance of the hearing notice;
6. the good faith effort by the violator to comply;
7. the economic impact of the fine on the violator;
8. the impact of the violation upon the community;
9. prior record of city code violations; or
10. any other factors appropriate to a just result.
14 -4
CHAPTER I — GENERAL PROVISIONS
G. Fines for Continuing Violations. The hearing officer may exercise discrection to
impose a fine for more than one day of a continuing violation but only upon a finding
that:
1. the violation caused a serious threat of harm to the public health, safety, or welfare,
or;
2. the accused intentionally and unreasonably refused to comply with the code
requirement. The hearing officer's decision and supporting reasons for continuing
violations must be in writing.
H. Written Report of Hearing Officer. The decision of the hearing officer shall be in
writing and contain findings of fact and conclusions of law. The written report shall
be served on the parties by mail within 20 days of the last date of the hearing.
L Finality of decision. The decision of the hearing officer shall be final without any
further right of administrative appeal.
Subd. 14. Judicial Review. An aggrieved party may obtain judicial review of the
decision of the hearing officer by petitioning the Minnesota Court of Appeals for a writ of
certiorari pursuant to Minnesota Statute Section 606.01
Subd. 15. Assessment of fine. Any administrative civil penalty that the independent
hearing officer imposes must be paid within 30 calendar days of the hearing officer's order. If
no date is specified, it must be paid within 30 calendar days. If the administrative civil penalty is
not paid, the city may assess the civil penalty against the owner's property pursuant to Minnesota
Statutes Chapter 429.
Section 14.06: GENERAL REQURIEMENTS FOR CITY APPROVALS
Subd. 1. Requirements. A license, permit, or other city pproval or authorization of any
kind may be granted only to an applicant who:
a. has comDlied with all relevant statutory and ordinance requirements:
b. has paid all fees, charges, taxes, special assessments and other debts or
obligations that are due from the applicant and payable to the City re=ad rdin anX
matter, and
C. is in comDliance with all ordinance requirements and attached conditions
re ag rding other City pprovals that have been granted to the applicant for any
matter.
Subd. 2. Waiver. The requirements of Section 14.06, Subd. 1 a. and b. may be waived
within the discretion of the City Council in the following circumstances:
a. The applicant has provided sufficient safeguards to assure payment of debts or
compliance with City requirements within a reasonable time after the City
approval.
14 -5
CHAPTER V — BUILDING, LAND USE & REGULATIONS
ORDINANCE 51 BUILDING ORDINANCE
Section 51.01: PERMITS REQUIRED. No person shall erect, alter, wreck, or move any
building or part thereof within the City of St. Joseph, without first securing a building permit;
1"r f � l �, e.. U e f )r p , ('(I l a J`vl ' " l ° t fC (,, s I 12, 0 S t r 4.. The application for a building permit shall be
accompanied by a plan showing the dimensions of the lot to be built upon, including applicable
setbacks, the size and location of the building upon the lot and any accessory buildings to be
erected, the use to which the intended building is to be put, and the estimated cost thereof. If the
proposed building complies with the Minnesota State Building Code and the regulations adopted
by the State of Minnesota, as well as all of the ordinances of the City of St. Joseph, the City
Building Inspector shall issue a permit therefore conditioned upon the applicant's compliance
with all State laws and City ordinances. All permits shall be co- signed by the City
Clerk/Administrator and all additional permits necessary shall be obtained at that time.
foot be I i(` 0h be �o 0hc
ill '9'3'v IE "i r! I lit(,', [1 " [ irr' 3'o;. I ilfi'I tiI I il [l� " [rl i 1f,il, Y r iY liI (;hke )I Y" U
,LrIEi r7R1Ei'? ofr,,t I oo ',I,I1Ei ^fit or N' Y,IfEi'?a, IEiI(:Y r'oY f'ot fflu (l'r(; I ety1 - ,,,ird o,
of,, rtfr 4ucn'oi '3'villla '' `,,h 111 be �,h f'GI[ "r`.II IWC,'l?R iE "i Gll k�,G,trE "i`;lI IWC,'lr P1 "i
o in '4.G,f, @r.s <iY y I " "",t, l „11f” U rtS E "C;« IE" hl Yirtf 2 °, ` "al, b I
Section 51.02: SEWER AND WATER HOOK UP. Every residential building
constructed or remodeled or placed upon any lots within the City of St. Joseph where sewer and
water mains are available in nearby streets shall be required to make water and sewer
installations in accordance with City regulations.
Section 51.03: PERMIT FEE. Each application shall be accompanied by a certified
check or cash to cover the building permit fees hereinafter provided, as well as the State
surcharge affixed by law. The Permit Fee shall be established and amended from time to time by
resolution of the City Council.
Section 51.04: BUILDING CODE. The Minnesota State Building Code, established
pursuant to Minnesota Statutes 1613.59 to 1613.75, including all of the amendments, rules and
regulations established, adopted and published from time to time by the Minnesota
Commissioner of Administration, through the Building Codes and Standards Division is hereby
adopted by reference with the exception of optional chapters, unless specifically adopted by this
Ordinance. The Minnesota State Building Code, a copy of which is on file in the office of the
City Clerk/Administrator, is hereby incorporated in this Ordinance as if fully set out herein.
51 -0
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Section 51.05: MAINTENANCE OF BUILDING SITE. With respect to any
construction, alterations, remodeling, or other work for which a permit is required hereunder, the
owner of the property which is the subject of the permit, as well as the principal and /or general
contractor performing the work, shall maintain the building site in a clean and neat condition,
shall gather all building debris, damaged materials, wrappings, boxes, and other debris, garbage
or liter created during construction, and store the same within a structure, dumpster, building, or
a fenced area as deemed appropriate by the building inspector to keep debris from blowing on to
adjacent properties, protect children from injury, and to reduce the unsightly appearance of the
property. All construction debris shall be removed from the construction site within 10 days of
completion of construction.
Section 51.06: BUILDING NUMBERS AND KEY BOXES.
Subd. 1.: Building Numbers. Building numbers are important in providing public safety
services as well as mail and other deliveries to the affected buildings.
a) Placement and Specifications. The owner, lessor or occupant of every industrial,
commercial or other building in the City shall have a proper building number on
the building either by affixing to the building the numbers in metal, glass, plastic
or any other durable material. The numbers shall not be less than four (4 ") in
height in a contrasting color to the base. The numbers shall either be lighted or
made of some reflective material and so placed to be easily seen from the street.
b) Maintenance. The occupant of the primary structure shall be responsible for
keeping the address numbers in good repair and clear of snow, dirt, debris and
other obstructions.
C) Enforcement. The City may withhold all city licenses, applications, and permits
from owners or occupants of primary structures if the address is not placed or
maintained in conformance with this Ordinance.
d) Penalty. Any person violating or failing to comply with this Ordinance shall be
guilty of a petty misdemeanor.
Subd. 2.: Key Boxes. Where property is protected by an automatic alarm system, a
protected access to or within a structure, or access to an area on that property is unduly difficult
because of secured openings and where immediate access is necessary for public safety, life
saving, or firefighting purposes, the fire chief may require a key box to be installed in an
approved location. The key box shall be of the type approved by the fire department and shall be
the expense of the landowner.
a) Contents. The key box shall contain:
Keys to lock points of ingress whether on the interior or exterior of such
buildings.
51 -1
CHAPTER V — BUILDING, LAND USE & REGULATIONS
2. Keys to lock mechanical equipment rooms.
3. Keys to locked electrical rooms.
4. Keys to elevator controls.
5. Keys to other areas as directed by the fire chief
6. It shall be the responsibility of the business owner to maintain a current
key in the key box at all times.
b) Waiver. The owner of every building of every property defined by Section 56.06,
Subd. 1 shall either assure that a key box is installed and maintained in an
approved location by the Fire Chief for the City of St. Joseph or shall provide the
St. Joseph City Administrator a written letter dated and delivered between
December 1 and December 29 of each year indicating that they have not installed
a key box pursuant to this Ordinance and that in the event of any response by the
City or its representatives, they shall waive any claim for damages or trespass.
C) Penalties. If the key box is not installed and a waiver is not received, the land
owner shall be subject to a petty misdemeanor following failure to either install
the key box or provide the City with a written waiver after ten (10) days written
notice. A second offense within the same calendar year shall be punishable as a
misdemeanor.
Section 51.07: COMPLETION DATE. With respect to any construction, alterations,
remodeling or other work for which a permit is required hereunder, the proposed work for which
a permit is issued shall be completed in its entirety within one year after issuance of the building
permit. If in one year after making application for a building permit, the work is not completed,
the applicant may request the Planning Commission to grant an extension for up to one year in
length. In the event of a violation of this provision, in addition to other remedies provided
herein, the City may proceed to fully or partially complete the permitted work, or remedy any
unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent
per annum against the property in question.
Section 51.08: WITHHOLDING OF PERMITS. The City of St. Joseph shall withhold
building permits from any contractor, property owner or other applicant who
Chas any pending violations with respect to the building code as adopted by the
City of St. Joseph, any developer's agreements to which the City of St. Joseph is a
party, or other violation of the Code of Ordinances of the City of St. Joseph;
b) who has had 3
or more violations of the building code, St. Joseph Ordinances, or of a developer's
agreement with the City of St. Joseph within one year of the application for the
building perfiritpermit; or
51 -2
CHAPTER V — BUILDING, LAND USE & REGULATIONS
C) Has not met the general requirements for City approvals under Section 14.06 of
the St. Joseph Code of Ordinances.
Permits shall be withheld until all violations are remedied.
Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise
audible on property other than that on which the activities are occurring shall be prohibited
between the hours of -79:00 p.m. and 7:00 a.m.
Section 51.10: PENALTIES/ENFORCEMENT. Any person who violates any of the
provisions of this ordinance is guilty of a misdemeanor. The City Building Inspector shall be the
enforcement officer of this ordinance.
Updated 6/2003 — Section 51.04
Amended 1/2007 — Sections 51.06 -51.10
51-3
ORDINANCE 52 — ZONING ORDINANCE
b) Amount. Fees payable under this section for an amendment or rezoning, appeal,
special use permit, or variance shall be in an amount as established by resolution
of the City Council. The fee is payable at the time of filing a petition and is not
refundable. In addition to the above fees and in the event the City incurs
professional fees, either legal, engineering or professional planners, or any other
cost, including but not limited to, postage and publication expenses, the applicants
shall reimburse the City for those fees, and the City officials may require a
deposit for these fees prior to the final hearing on the application.
C) Contents of Petition. The petition shall give the street address of the land as to
which the petition is made, contain a legal description thereof, state the mailing
address of the owner, and clearly describe the structure to be built or altered if the
petition is granted, or if the petition is for a change in any regulations of this
Ordinance, it shall state the change and the reasons therefore. The petition shall
also contain any other information which is required by other Sections of this
Ordinance. The Planning Commission may require the petitioner to submit a
certificate by a registered land surveyor verifying the front, rear and side -yard
setbacks of all buildings and structures situated on or adjacent to the property
described in the petition.
d) Successive Applications. Whenever an application for an amendment has been
considered and denied by the City Council, a similar application for an
amendment affecting substantially the same property shall not be considered
again by the Planning Commission or City Council for at least six (6) months
from the date of its denial, unless a decision to reconsider such matter is made by
not less than four -fifths (4/5) vote of the full City Council."
Subd. 7. General Requirements for Petitions for Amendments, Appeals, Adjustments,
Special Use Permits and Variances.
Any _person filling a petition requesting an amendment, appeal, adjustment, special use
permit or variance shall meet the general requirements for City pprovals under Section 14.06 of
the St. Joseph Code of Ordinances.
52.07 -11
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Subd. 3: Amendments. The provisions of this Ordinance shall be amended by the City
Council following a legally advertised public hearing before the Planning Commission and in
accordance with the law, including the rules and regulations of any applicable state or federal
agency.
Subd. 4: Variances.
a) Whenever it is found that the land included in a subdivision plat, presented for
approval, is of such size or shape or is subject to, or is affected by such
topographical location or conditions, or is to be devoted to such usage that full
conformity to the provisions of this Ordinance is impossible or impractical, the
City Planning Commission may recommend to the City Council that said Council
authorize variations or conditional exceptions in the final plat so that substantial
justice may be done and the public interest secured.
Subd. 56: Violation. Any person violating any provision of this Ordinance shall be
guilty of a misdemeanor. Each day during which compliance is delayed or such violation
continues or occurs shall constitute a separate offense and may be prosecuted as such.
Section 54.20: SCHEDULES OF ADMINISTRATIVE FEES, CHARGES AND
EXPENSES.
Subd. 1. Fees and charges, as well as expenses incurred by the City for engineering,
planning, legal, and other services related to the processing of applications under this Ordinance
shall be established by the Council and collected by the City Administrator for deposit in the
City's accounts. Fees shall be established for the processing of requests for platting, major and
minor subdivisions, review of plans, and such other subdivision - related procedures as the
Council may from time to time establish. The Council may also establish charges for public
hearings, special meetings, or other such Council actions as are necessary to process
applications.
Subd. 2. Such fees, charges and estimated expenses (as well as a deposit, if so required
by the City Administrator) shall be collected prior to City action on any application. All such
applications shall be accompanied by a written statement between the City and the
applicant /landowner (when the applicant is not the same person or entity as the landowner, both
the landowner and the applicant must sign the agreement) whereby the applicant /landowner
54 -59
CHAPTER V — BUILDING, LAND USE & REGULATIONS
b. Number of bedrooms in the dwelling units;
Name of adult occupants and number of adults and children (under 18 years of
age) currently occupying the dwelling unit;
d. Dates renters occupied and vacated dwelling unit;
Chronological list of complaints and requests for repair by dwelling unit
occupants, which complaints and requests are related to the provisions of this
ordinance; and
f A similar chronological list of all corrections made in response to such requests
and complaints.
Such register shall be made available for viewing or copying by the compliance officer or
a St. Joseph Police Officer at all reasonable times or in the event of an emergency.
Subd. 13. Renewal. Except as otherwise provided in this Ordinance, a rental
license shall expire one year after the date of issuance. A renewal license shall be applied for at
least 30 days prior to expiration of the existing license. Property shall not be occupied by a tenant
after expiration of a rental license or renewal license, provided that the building official may
issue a temporary renewal license not to exceed 2 months in duration if the building official
deems it appropriate to allow continued occupancy pending issuance of a renewal license. A
temporary renewal license shall expire on the stated date and the property shall not continue to
be occupied by a tenant unless a full renewal license has been issued by that date. No renewal of
a license will be granted unless the owner has met the general requirements for City approvals
under Section 14.06 of the St. Joseph Code of Ordinances.
Subd. 14: Suspension or Revocation. Every operating license issued under the
provisions of this Ordinance is subject to suspension or revocation by the City Council should
the licensed owner or his duly authorized resident agent fail to operate or maintain the licensed
rental dwellings and units therein in compliance with the provisions of this Ordinance, or any
other Ordinances of the City of St. Joseph and /or the laws of the State of Minnesota, or
conditions exist or activities occur at the rental dwelling in violation of ordinance or law, or if the
licensed owner is not in compliance with the general requirements for City pprovals under
Section 14.06 of the St. Joseph Code of Ordinances. The operating license may be subject to
suspension or revocation for the first violation, without the necessity of knowledge by the owner
or warning that the property is operated or maintained in violation of ordinance or law. In the
event that an operating license is suspended or revoked by the City Council, it shall be unlawful
for the owner or the duly authorized agent to thereafter permit any new occupancies of vacant or
thereafter vacated rental units until such time as an operating license may be restored by the City
Council.
When a rental license is revoked or suspended, the property shall be vacated as of the
effective date of the revocation or suspension and remain vacated until restoration of the license.
In the case of a suspension, restoration shall occur automatically at the end of the suspension
55 -12
CHAPTER V — BUILDING, LAND USE & REGULATIONS
Section 57.03: GENERAL. No person shall excavate within the public right of way of
any street, alley, public easement, or other public grounds for any purpose other than in
fulfillment of a contract awarded by the City until a valid excavation permit has been issued
therefore by the City Administrator /Clerk.
Section 57.04: EXCAVATION PERMIT.
Subd. 1: Application. Application shall be made in writing on forms approved by the
City and available from the City Administrator /Clerk. Said application shall state in detail the
nature and character of the excavation to be made, the location thereof, and such other
information as the Maintenance Superintendent may reasonably require to enable him to fully
evaluate the nature of the work to be accomplished and the extent to which it will conform to the
requirements of this ordinance; provided, however, that in the event of an emergency, such work
as is required to alleviate the emergency may be accomplished without benefit of permit. In this
event, however, application for permit shall be made during the next succeeding work day and
the applicant shall be subject to all of the remaining provisions of this ordinance.
atra,V.,' .'ref�ei,fl �"voex(,, °'�`,r ioff pe )'�, °���ill, lay. ��.�:r�.,V �r�_���°� ()(-! :r�r��,
1Wrffle 0he �)(.i Sof� lh'rts ° ',,,'0h, 0he
Subd. 2,1,'): Permit Fees. A non refundable permit fee as may be established by resolution
of the City Council shall be paid to the City Administrator /Clerk at such time as the application
is submitted.
Subd. mad : Insurance. Persons intending to excavate under this Ordinance shall carry a
general policy of liability and property damage insurance which shall have minimum limits of
coverage of $100,000 for injuries to or the death of one person and not less than $250,000 on
account of one accident, and not less than $100,000 for property damage. A properly executed
certificate of insurance stating the coverage limits provided and certifying that the policy
complies in all respects with the provisions of this Ordinance shall be submitted with the
application. Said policy shall:
a) Include a "Hold Harmless Clause ", specifically naming the City of St. Joseph as
the insured, which indemnifies and holds harmless the City of St. Joseph, its
officers, elected officials, agents, and employees from and against all claims,
damages, losses and expenses (including legal fees) arising out of or from
operations conducted by persons working under an approved excavation permit.
b) Provide that the coverage afforded shall be primary coverage to the full limits of
liability stated in the declarations, and if said City of St. Joseph; its officers,
elected officials, agents and employees have other insurance against the loss
covered by said policy, that other insurance shall be excess insurance only.
C) Provide that no cancellation of said insurance policy may be made by the insured
or insurance company, for any cause, without first giving twenty (20) days notice
57 -2
CHAPTER VI — GENERAL REGULATIONS
ORDINANCE 61 LICENSING AND BONDING OF INDIVIDUALS, FIRMS,
CORPORATIONS AND SUBCONTRACTORS DOING OR
PERFORMING WORK WITHIN THE CITY OF ST. JOSEPH
Section 61.01: PURPOSE. It is being in the interest of the private residents of the City
of St. Joseph that any person, firm or corporation who engages in the business of building,
carpentry, construction or related work, within the City of St. Joseph, shall first procure a license
therefor as provided herein.
Section 61.02: LICENSE REQUIRED. No person or entity subject to the licensing
provisions of Minnesota Statute Chapter 326 may engage in the business of building, carpentry,
construction or related work unless properly licensed by the State and in full compliance with the
applicable licensing provisions of Chapter 326.
Section 61.03: LOCAL LICENSE REQUIRED. Any person or entity not subject to the
licensing provisions of Minnesota Statute Chapter 326 may not engage in the business of
building, carpentry, construction or related work, unless properly licensed by the City and in full
compliance with the applicable provisions of this Ordinance. The license shall be issued by the
City Clerk for a term of one year upon payment of a license fee as may be established by the City
Council by resolution and amended from time to time, and presentation of proof of the
following:
a) Proof of liability insurance for damage to property in an amount equal to or
greater than $10,000.
b) Proof of liability insurance for personal injury or death of a combined limit equal
to or greater than $100,000.
C) A bond in the amount of not less than $5,000 for the benefit of persons injured or
suffering loss due to the applicant's failure to complete work for which he or she
has been retained, or due to defective or unworkmanlike performance. The bond
shall be written by a corporate surety licensed to do business in the State of
Minnesota.
Section 61.04: GENERAL REQUIREMENTS FOR LICENSING. No person or firm
shall receive licensing or bonding who has not met the general requirements for City pprovals
under Section 14.06 of the St. Joseph Code of Ordinances.
Section 61.0405: PROOF OF LICENSE, BONDING AND INSURANCE. Upon request
of the City Building Inspector, City Clerk or customer, any persons or entity engaging in the
business of building, carpentry, construction or related work shall provide proof of a current
61 -0
CHAPTER VI — GENERAL REGULATIONS
valid license, as well as compliance with the applicable bonding and liability insurance
requirements of Chapter 326 or this Ordinance.
Section 61.0506: EXCEPTION. Persons performing work on their own property or
assisting another to do work on their own property for which no compensation is paid shall be
exempt from the licensing requirements of this ordinance, but shall remain subject to the St.
Joseph Building Ordinance and the Building Code as adopted by the City.
Section 61.0607: LIABILITY. This ordinance shall not be construed to affect the
responsibility or liability of any person owning, operating or installing the above described work
for damages to persons or property caused by any defect therein nor shall the City of St. Joseph
be held liable for a claim based upon enforcement of this ordinance.
Section 61.0708: PENALTIES. Any person, firm or corporation who shall violate any
provision of this ordinance shall be guilty of a misdemeanor.
Updated 2/21/95
61 -1
CHAPTER VI — GENERAL REGULATIONS
ORDINANCE 65 REGULATION OF CIGARETTE SALES
Section 65.01: DEFINITIONS. For purposes of this Ordinance, the following terms
shall be defined in this manner:
Subd. 1: Tobacco: Tobacco means cigarettes; cigars; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff, snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps,
clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in
such manner as to be suitable for chewing or smoking in a pipe or other tobacco - related devices.
Subd. 2: Tobacco - Related Devices: "Tobacco- Related Devices" means cigarettes papers
or pipes for smoking.
Subd. 3: Self- Service Vending Machines: Self- Service Vending Machines are
mechanical devices, which are accessible to the public and dispense for sale tobacco without the
need of assistance by or the intervention of an employee of the license holder.
Section 65.02: LICENSE. No person shall keep for retail sale, sell at retail or otherwise
dispose of any tobacco at any place in the city without first obtaining a license from the City.
Every person applying for a license to sell at retail any tobacco shall certify on the annual license
application that the person has implemented a training program for employees regarding laws
relating to the sale of tobacco and has trained all employees to comply with state laws regarding
the sale of tobacco and tobacco - related products. Every license shall be conspicuously posted at
the place for which the license is issued and shall be exhibited to any person upon request `\"o
i Sofa 1,�,rtll v,("T� ' C "'t C,iU tR.� J�. f�S(" 1, ro I�'t : f�,w �1��' ',o[ vi"p "f'i f)'�('f . (`Gbi'_ "t 'o," ""tk
Section 65.03: LICENSE FEE. The fee for every license shall be the amount as
established by resolution of the City Council, and as from time to time modified by council
resolution. Every license shall expire on December 31 of the year for which it is issued. If the
license applicant is blind, the license fee shall be waived in accordance with Minn. Stat. §461.12.
Section 65.04: TRAINING PROGRAM. Every licensee shall have in effect a training
program for employees that instructs them about the law prohibiting the sale of tobacco to
minors, related civil and criminal penalties and the licensee's policy regarding the sale of tobacco
products.
Section 65.05: SIGNAGE. Every person issued a license shall post in a conspicuous
place signs informing the public that tobacco will not be sold to minors.
65 -1
CHAPTER VI — GENERAL REGULATIONS
ORDINANCE 66 REGULATION OF AMUSEMENT DEVICES
Section 66.01: DEFINITION. For purposes of this ordinance, the term "amusement
device" shall include the following coin operated machines: jukebox, pinball machines, video
games, electronic games of skill, foosball tables and pool tables.
Section 66.02: LICENSE REQUIRED. No person shall keep an amusement device
within the City of St. Joseph, which is available for use by general members of the public, and
for which use there is a direct or indirect charge, unless a license therefore has been obtained on
application to the City Administrator /Clerk. If the issuance of the license will not violate any
ordinance provision, the City Administrator /Clerk shall issue a license to the applicant upon
payment of the required fee. A separate license shall be purchased for each individual
amusement device. No persons shall receive a license who has not met the general requirements
for City pprovals under Section 14.06 of the St. Joseph Code of Ordinances.
Section 66.03: LICENSE RESTRICTIONS. No license shall be issued except to a
person of good moral character. Licenses may not be transferred or assigned.
Section 66.04: LICENSE FEE. The fee for every license shall be the amount as
established by resolution of the City Council, and as from time to time modified by council
resolution. Every license shall expire December 31 of the year for which it is issued.
Section 66.05: CURFEW. No person under the age of 16 years shall be allowed to enter
or remain on any premises, between the hours of 9:00 p.m. and 9:00 a.m., where there is located
an amusement device which is subject to licensing under this ordinance.
Section 66.06: REVOCATION OF LICENSE. The license issued under this ordinance
is subject to revocation for violation of this ordinance by the licensee, his or her agents or
employees. A revocation may be appealed to the City Council for an informal hearing, but the
request for a hearing must be made in writing to the City Clerk/Administrator within ten days
after the licensee receives notice of the City's intent to revoke or the hearing right is waived.
Section 66.07: CRIMINAL PENALTY. Any person who violates any provision of this
ordinance is guilty of a misdemeanor.
ME
CHAPTER VI — GENERAL REGULATIONS
ORDINANCE 68 REGULATION OF TATTOOING
Section 68.01: PURPOSE AND INTENT. It has been determined by the City Council
that the process of tattooing creates an increased risk of infection and the transmission of
communicable disease if not performed under appropriate sanitary and sterile conditions. It has
also been determined that the operation of a tattoo studio is incompatible with residential land
use or activities occurring in areas primarily used by children so as to require a reasonable
separation of activities. This ordinance has been adopted for the purpose of protecting public
health, safety and welfare.
Section 68.02: DEFINITION.
Subd. 1: Tattoo. An indelible mark or figure fixed on the body by insertion of pigment
under the skin or by production of scars. "Tattooing" means the process of creating a tattoo.
Subd. 2: Tattooist. A person who performs tattooing.
Subd. 3: Tattoo Studio. An establishment or facility in which tattooing is performed.
Subd. 4: Branding. The use of heat, cold or chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
Subd. 5: Scarification. The cutting or tearing of human skin for the purpose of creating a
permanent mark or design on the skin.
Section 68.03: LICENSE REQUIRED. No person shall engage in tattooing, or operate a
tattoo studio without being licensed under this section. The license granted pursuant to this
Ordinance is non - transferrable. No Derson shall receive a tattoo license who has not met the
general requirements for City pprovals under Section 14.06 of the St. Joseph Code of
Ordinances.
Section 68.04: LICENSE EXCEPTION. A medical doctor, licensed to practice
medicine by the State of Minnesota is exempt from the licensing provisions of this ordinance.
Section 68.05: APPLICATION FOR LICENSE.
Subd. 1: Any person desiring a license under this ordinance shall file with the City
Administrator a written application, on a form provided by the City, signed by said applicant,
and containing the name of the applicant, if an individual, the names of co- partners, if a
partnership, and if a corporation, the names of the principal officers of such corporation, a brief
=C
d) Who is or has been convicted of any violation of any law in the United States or
the State of Minnesota or of any local ordinance regarding the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquor, or whose
liquor license has been revoked or who has committed a willful violation of any
such laws or ordinance.
e) Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly
or indirectly in the ownership or operation of any such business.
f) Who is directly or indirectly interested in any other establishment in the
municipality to which a license of the same class has been issued under this
Ordinance.
g) Who has not met the general requirements for City pprovals under Section 14.06
of the St. Joseph Code of Ordinances.
Section 71.07: PLACES INELIGIBLE FOR LICENSE.
Subd. 1: General Prohibition. No license shall be issued for any place or any business
ineligible for such a license under state law.
Subd. 2: Delinquent Taxes and Charges. No license shall be granted for operation on
any premises on which taxes, assessments, or other financial claims of the City are delinquent
and unpaid.
Section 71.08: CONDITIONS OF LICENSE.
Subd. l: In General. Every license is subject to the conditions in the following
subdivisions and all other provisions of this ordinance and of any other applicable ordinance,
state law or regulation.
Subd. 2: Licensee's Responsibility. Every licensee is responsible for the conduct of
his /her place of business and the conditions of sobriety and order in it. The act of any employee
on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and
the law equally with the employee.
Subd. 3: Inspections. Every licensee shall allow any peace officer, health officer, or
properly designated officer or employee of the City to enter, inspect, and search the premises of
the licensee during business hours, within one and one -half hours after the closing times as
prescribed by law or at anytime anyone is present on the licensed premises.
Subd. 4: Annual Fire Inspection.—Every licensee shall complete a Fire Inspection to
check for the following:
a. Unobstructed exits;
b. Verification of posted occupancy load
71 -6