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Home My WebLink About[08a] Ordinance Amendment Council Agenda Item 8a MEETING DATE: February 5, 2018 AGENDA ITEM: Ordinance Amendment SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The proposed amendment was recommended by the City Attorney in order to provide the Police Department with additional tools for enforcement of the Garbage and Refuse Ordinance. The amendment includes amending section 1007.08 to include nuisance language and also adding Sections 1007.09 Penalties and Abatement and 1009.10 Storage. ATTACHMENTS: Redlined Ordinance 107 Resolution 2018-004 Amending Ordinance 1007 Resolution 2018-005 Authorizing Summary Publication Email from City Attorney Regarding Amendment REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2018- 004 Amending Ordinance 1007 and Resolution 2018-005 Authorizing Summary Publication. CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE ......................................1007-1 Section 1007.01: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED .............1007-1 Section 1007.02: GARBAGE AND REFUSE CONTAINERS ..................................1007-1 Section 1007.03: COLLECTION BY CITY ..............................................................1007-1 Section 1007.04: FURNITURE AND MATTRESSES ..............................................1007-1 Section 1007.05: DEBRIS .........................................................................................1007-2 Section 1007.06: STORAGE OF MATERIAL ..........................................................1007-2 Section 1007.07: COMPOST SITE............................................................................1007-2 Section 1007.08: NUISANCE DECLAREDPENALTY ............................................1007-2 Section 1007.09: PENALTIES AND ABATEMENT………………… …………….1007-2 Section 1007.10: STORAGE……………………………………………… ………...1007-2 1007-0 CHAPTER X – NUISANCES & OFFENSES ORDINANCE 1007 GARBAGE AND REFUSE ORDINANCE Section 1007.01: DEPOSIT OF GARBAGE AND REFUSE RESTRICTED. No person shall hereafter deposit or cause to be deposited any garbage, kitchen or table refuse, or any decayed animal or vegetable substance or any noxious or offensive substance or any substance injurious to life or health, upon any street, avenue, vacant lot or vacant part of any lot or upon any yard, back yard or other ground or place appurtenant to any dwelling house, boarding house, lodging house, hotel, restaurant, store, saloon, factory, laundry, work shop or other inhabited building, in the City of St. Joseph except in proper containers and in the manner as herein provided. No person shall hereafter deposit or cause to be deposited soil, gravel, lawn waste, grass clippings, leaves, garden waste, refuse, or construction debris on the property of another without the explicit consent of the property owner. Section 1007.02: GARBAGE AND REFUSE CONTAINERS. Every owner or occupant, or person in control or possession of any dwelling house, hotel, restaurant, boarding house, lodging house, store, laundry, factory or other inhabited building or structure shall provide at his own expense and put and keep on the grounds back yard or other part of the lot appurtenant to any such specified premises and in a convenient place, easy access for collection as provided in Section 3 of this ordinance, a container of a type or kind approved for use by the City's contract refuse hauler; and every such person shall deposit or cause to be deposited in such can all garbage and other refuse and substances specified in Section 1, of this ordinance, which shall accrue on his or her premises or on premises in his or her control or possession and shall deposit in said container the same drained of water or other fluid, and wrapped in paper in parcels, and shall keep such container covered. Section 1007.03: COLLECTION BY CITY. For non-rental residential property, the City Council shall provide for the collection of all garbage and other refuse and recyclables deposited in the containers and shall provide for the removal of the same to such place as shall be provided by the City Council for that purpose. The City Council may contract for such collection and removal of such garbage and other refuse, but all such employment or procuring of means shall be done in the name of and for and on behalf of the City, and the expense thereof shall be paid out of the funds of the City generated by a charge to users. The City Council may adopt such reasonable rules and regulations for the deposit, collection and removal of such garbage and other refuse aforesaid as it may deem necessary or useful. Non-residential property shall privately contract for the removal of refuse in a manner consistent with this ordinance. Section 1007.04: FURNITURE AND MATTRESSES. No person shall place or allow to remain any furniture constructed and originally sold for use inside a structure, including but not limited to bed mattresses, sofas, and couches, at a place or location where the time would be exposed to the weather elements and within the view of the general public, except under the following circumstances: 1007-1 CHAPTER X – NUISANCES & OFFENSES a) When the item has been set out to be picked up for removal and transportation to a disposal site. The item must be removed within 48 hours. Section 1007.05: DEBRIS. No person shall deposit or allow the deposit of and construction debris, construction scraps, packing or shipping debris, inoperable appliances, containers, wrappers or other debris at any outside location, except in a properly permitted garbage or refuse container, or in a truck or trailer for transportation to a permitted disposal site. Section 1007.06: STORAGE OF MATERIAL. No person shall store or maintain construction material, machinery, equipment, or used pallets, crates or barrels, at an outside location where visible from off the property on which it is stored in any area zoned for residential use. Section 1007.07: COMPOST SITE. No yard waste may be included in garbage or refuse pick up. The City shall provide a compost site for the deposit of all yard waste by residents of the City. For purposes of this ordinance, yard waste shall include grass clippings, garden growth, leaves, sticks, branches, thatch, vines, or wood chips. Use of the compost site shall be pursuant to reasonable rules and regulations established by the City. Section 1007.08: PENALTYNUISANCE DECLARED. Any person, firm, or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor. A violation of any provision of this Ordinance constitutes a public nuisance. The maintenance of a public nuisance within the City is unlawful, and any person, firm or corporation that maintains a public nuisance is subject to the penalties defined in Section 1007.09. Section 1007.09. PENALTIES AND ABATEMENT. Any person, firm or corporation violating any provision of this Ordinance is subject to any and all applicable penalties and fees codified in Ordinance 104. If a person, firm, or corporation receives an administrative citation and compliance letter for a violation of this Ordinance and that person, firm, or corporation fails to pay the civil fine, to illustrate compliance per the terms of the compliance letter, and to request an administrative hearing within the time allotted pursuant to Ordinance 104, the City may abate the nuisance and assess the costs of abatement against said property. If the person, firm, or corporation requests an administrative hearing and fails to abate the nuisance within 60 days after receiving the hearing officer’s report, the City may abate the violation and assess the costs of abatement against said property. Section 1007.10 STORAGE. If the City abates the nuisance, all items removed from the real property will be deemed junk property. Junk property will be inventoried and stored by the City for a period of 20 days after abatement. The owner of real property from where junk property was removed may reclaim the junk property from the City during the storage period at normal business hours. The real property owner is responsible for the costs of storing junk property and must pay the costs of storage at the time the junk property is reclaimed. If the real property owner does not reclaim the junk property during the 20-day storage period, the City will dispose of the junk property and the costs of storage and disposal will be assessed against the real property. 1007-2 Resolution 2018-004 Amending Ordinance 1007 Garbage and Refuse Ordinance The City Council for the City of St. Joseph HEREBY ORDAINS That Ordinance 1007 of the St. Joseph Code of Ordinances is hereby amended to include Nuisance language in Section 1007.08 and by adding Section 1007.09 PENALTIES AND ABATEMENT, and Section 1007.10 STORAGE as follows: Section 1007.08: NUISANCE DECLARED. A violation of any provision of this Ordinance constitutes a public nuisance. The maintenance of a public nuisance within the City is unlawful, and nay person, firm, or corporation that maintains a public nuisance is subject to the penalties defined in Section 1007.09. Section 1007.09: PENALTIES AND ABATEMENT. Any person, firm or corporation violating any provision of this Ordinance is subject to any and all applicable penalties and fees codified in Ordinance 104. If a person, firm, or corporation receives an administrative citation and compliance letter for a violation of this Ordinance and that person, firm, or corporation fails to pay the civil fine, to illustrate compliance per the terms of the compliance letter, and to request an administrative hearing within the time allotted pursuant to Ordinance 104, the City may abate the nuisance and assess the costs of abatement against said property. If the person, firm or corporation requests an administrative hearing and fails to abate the nuisance within 60 days after receiving the hearing officer’s report, the City may abate the violation and assess the costs of abatement against said property. Section 1007.10 STORAGE. If the City abates the nuisance, all items removed from the real property will be deemed junk property. Junk property will be inventoried and stored by the City for a period of 20 days after abatement. The owner of real property from where junk property was removed may claim the junk property from the City during the storage period at normal business hours. The real property owner is responsible for the costs of storing junk property and must pay the costs of storage at the time the junk property is reclaimed. If the real property owner does not reclaim the junk property during the 20-day storage period, the City will dispose of the junk property and the costs of storage and disposal will be assessed against the real property. th This Ordinance was approved by the majority of the City Council on this 5 day of February, 2018 and shall become effective upon publication. Rick Schultz, Mayor Judy Weyrens, Administrator This amendment was published in the St. Joseph Newsleader on , 2018. Resolution 2018-005 Resolution Authorizing Summary Publication Ordinance 1007 Garbage and Refuse Ordinance RECITALS: WHEREAS, on February 5, 2018, the City Council for the City of St. Joseph amended Ordinance 1007, entitled “GARBAGE AND REFUSE ORDINANCE”. The amendment added nuisance language to Section 1007.08 NUISANCE DECLARED; and added Sections 1007.09 PENALTIES AND ABATEMENT, and 1007.10 STORAGE; and WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the full text of the amended Ordinance is available at the City Offices, 75 Callaway St E or on the website, www.cityofstjoseph.com. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. th Adopted this 5 day of February, 2018, by a vote of in favor and opposed. CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator From: Chris Nelson \[mailto:chris.nelson@jkalawfirm.com\] Sent: Thursday, January 25, 2018 12:42 PM To: Judy Weyrens <jweyrens@cityofstjoseph.com>; Joel Klein <jklein@cityofstjoseph.com> Cc: Brenda Wolbeck <Brenda.Wolbeck@jkalawfirm.com> Subject: Nuisance Ordinance Amendments Hi Judy and Joel, To follow-up on our conversation about nuisance enforcement and abatement, I have prepared an amendment to Ordinance 1007, which would provide the City with a means to clean-up properties that are covered with junk and debris without resorting to Court action. The language is in the attached Word document. However, I would recommend using and enhancing the administrative citation process already enacted in Ordinance 104 prior to the adoption of the attached language. I do not recall from our conversation if the City was using the administrative citation process or if that process was proving ineffective. Nevertheless, I recommend attempting to enforce the existing nuisance ordinances through the administrative citation process because: (1) the administrative citation process will be used regardless in order for the City to have the authority to abate, (2) an increase in the civil fine schedule may act as an adequate incentive for persons to self-abate, and (3) whenever the City abates a nuisance, there will always be potential liability for a government taking of private property without due process. The attached language should adequately provide for due process, but the issue remains. A thorough inventory and possible storage of materials would need to be done when the City abates a public nuisance on private property to avoid liability. The ordinance amendments cannot be used for the abatement of junk vehicles on private property in the City. That procedure is governed by Minn. Stat. Sec. 168B. If you have any additional questions about this, please contact me. Sincerely, Chris Nelson Jovanovich Kadlec & Athmann, PA 1010 West St. Germain, Suite 420 St. Cloud, MN 56301 Telephone: (320) 230-0203 Fax: (320) 230-0188 Chris.Nelson@jkalawfirm.com 1