HomeMy WebLinkAboutOrdinance 302 - Limiting Activities in Public Easements CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS ......................... 302-1
Section 302.01: PURPOSE......................................................................................... 302-1
Section 302.02: DEFINITIONS.................................................................................. 302-1
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT ........... 302-2
Section 302.04: PRE-EXISTING USES ..................................................................... 302-3
Section 302.05: ENFORCEMENT ............................................................................. 302-3
Section 302.06: PENALTY........................................................................................ 302-4
Section 302.07: EFFECTIVE DATE.......................................................................... 302-4
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 302 LIMITING ACTIVITIES IN PUBLIC EASEMENTS
Section 302.01: PURPOSE. This ordinance is enacted for the purpose of controlling the
use of property in the City of St. Joseph on which the City holds an easement for utility, road
way, drainage, sidewalk, and other public purposes. This Ordinance has been enacted to require
the owners of property containing a public easement to use the property in a manner consistent
with the grant of the easement and assure the City of reasonable access onto the easement in an
emergency situation. This Ordinance recognizes the need to maintain public easements free of
obstructions and accessible, while allowing non-conflicting uses by the property owner.
Section 302.02: DEFINITIONS. For purposes of this ordinance, the following terms
have the stated meanings:
a) Landowner. Shall mean the fee owner(s), tenants or occupiers of a parcel of
property over, on or under which the City holds a public easement.
b) City. Shall mean the City of St. Joseph, Minnesota.
C) Easement. Shall mean a public easement of any type, including but not limited to
an easement for utility, drainage, roadway, ingress/egress, sidewalk, boulevard
and other public purposes. The area of an easement shall not be limited to that
portion of the easement actually put to use, but shall extend to the entire easement
as described in the grant or dedication, including roadway ditches and boulevards
lying within the designated areas.
d) Pre-Existing Use. Means a use or activity existing within an easement at the time
this ordinance was enacted.
e) City's Easement Use. Shall be any use which the City is authorized to maintain
by the grant or dedication of the easement as construed in accordance with the
laws of the State of Minnesota.
f) Boulevard. Shall mean that portion of a street or road easement located outside of
the portion of the easements which is actually improved for street or road
purposes and used for vehicular traffic or the parking of vehicles. With respect to
streets or roads improved with curbing, the boulevard shall be that portion of the
easement separated from the improved portion of the street or road by the curbing.
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
g) Utility Easement. Shall mean any public easement which affords the City the
right to install, locate or maintain any public utility, including but not limited to
sanitary sewer lines, water lines, storm sewer lines, gas lines, electrical cables,
and cable television.
Section 302.03: LIMITATION OF ACTIVITIES IN AREA OF EASEMENT.
a) The following activities by the owner are permitted in an easement:
1. Lawn.
2. Vegetable or flower garden.
3. Maintenance of lawn ornaments, lawn furniture, recreation and play
equipment and game apparatus which are not affixed or anchored to the
ground.
4. Driveway and sidewalks.
5. The use and maintenance of(a) (l, 2, 3) above by the landowner and
guests in a regular and intended manner.
b) All other uses, unless specifically permitted herein, shall be considered prohibited
and shall not be maintained on or in an easement, except by written permit
granted by the City after application pursuant to the following procedures:
1. The landowner shall submit a written request to the City
Clerk/Administrator describing the easement to be affected and the
proposed use for which permit is sought, together with an administration
fee as may be set by resolution of the City Council.
2. The City Clerk/Administration shall refer the request to the City
Maintenance Supervisor for consideration and recommendation. If the
easement to be affected by the request is a utility easement, the request
shall also be referred to the City Engineer for consideration and
recommendation;
3. Based upon the recommendations received from the Maintenance
Supervisor and City Engineer, the City Administrator/Clerk shall make a
recommendation to the Public Works Director and the Public Works
Director shall approve or deny the request, taking into consideration the
stated purpose of this ordinance. Any approval must be accompanied by
specific conditions or modifications to the original request as deemed
appropriate to protect the City's interests; the permit must contain the
specific conditions to protect the City's interests.
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4. Fences may only be erected over an easement if the landowner meets the
requirements of Section 302.03(b). If the request for the fence is
approved, the City retains the right to require the landowner to remove or
abate the fence where the fence interferes in any manner with the City's
easement use. If there is an emergency necessitating immediate access to
the easement, the City reserves the right to remove the fence to obtain
access to the easement. The landowner shall bear all costs for removal
and restoration of the fence in the event the landowner is required to
remove the fence for access to the easement or in the event the City
removes the fence in the case of an emergency. The City specifically
reserves all rights of an easement holder afforded under the common law
of the State of Minnesota.
c) Nothing stated herein shall deny the City the right to request a landowner to
remove or abate any permitted use or activity existing in the easement where the
use or activity directly interferes in any manner with the City's easement use, if
the City is currently engaging in the use or intends on engaging in the use. The
City specifically reserves all rights of an easement holder afforded under the
common law of the State of Minnesota.
Section 302.03 amended 12/06
Section 302.04: PRE-EXISTING USES.
a) A preexisting use, which is not otherwise specifically permitted by this ordinance,
shall be discontinued and removed from the easement within 60 days of
enactment of this ordinance, except as provided below:
b) The following prohibited pre-existing uses shall be allowed to continue under the
terms set forth in paragraph (c) herein:
1. Trees, shrubs, bushes and fences which are not inconsistent or interfering
with and the City's easements use.
2. Structures or buildings which are not inconsistent or interfering with the
City's easement use.
c) No pre-existing prohibited uses, allowed to be continued under paragraph (b) of
this section, shall be enlarged, nor shall they be altered, improved, repaired or
restored. If the pre-existing prohibited use is discontinued or substantially
destroyed, the right to maintain the pre-existing prohibited use is lost.
Section 302.05: ENFORCEMENT.
a) The City Maintenance Supervisor shall serve as compliance officer to provide
inspection and enforcement of this ordinance. When the Maintenance Supervisor
becomes aware of a violation of this ordinance, the violation shall be reported to
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the City Council which shall direct the Clerk/Administrator to send written notice
of the violation to the landowner directing the landowner to bring the property
into compliance with the ordinance within 30 days. The Maintenance Supervisor
shall inspect the property at the end of the 30 day compliance period, ad if the
property has not been brought into compliance, the Maintenance Supervisor shall
notify the police department to issue a complaint and request the issuance of a
criminal citation.
b) If the landowner refuses to remove or abate a prohibited use within the easement,
or if a pre-existing use permitted under Section 302.04 (b) interferes with the
City's easement use, in addition to the procedure set forth in Section 302.05(a),
the City may take any reasonable steps to remove or abate the use and assess the
cost of removal or abatement to the property.
C) The City shall not be liable for any damage to the property of the landowner in the
easement or damage to any structures located in the easement which are removed
or abated in the City while engaging in the City's easement use.
Section 302.06: PENALTY. A violation of this ordinance shall constitute a
misdemeanor and shall be punishable as such.
Section 302.07: EFFECTIVE DATE. For purposes of determining preexisting uses, this
ordinance became effective September 1, 1990.
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