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Home My WebLink AboutOrdinance 1014 - Excessive Service CallsCHAPTER X – NUISANCES & OFFENSES 1014-1 ORDINANCE 1014 EXCESSIVE SERVICE CALLS ......................................................... 1014-1 Section 1014.01: PURPOSE AND INTENT ........................................................... 1014-2 Section 1014.02: APPLICABILITY AND SCOPE...................................................... 1014-2 Section 1014.03: DEFIN ITIONS .................................................................................. 1004-2 Section 1014.04: FEES; LATE PENALTIES; COLLECTION BY SPECIAL ASSESSMENT. ............................................................................................................. 1014-3 Section 1014.05: NOTICE ............................................................................................ 1014-3 Section 1014.06: AFFIRMATIVE DEFENSE ............................................................. 1014-3 Section 1014.07: RIGHT TO APPEAL; APPEAL PROCEDURE .............................. 1014-3 Section 1014.08: SEVERABILITY AND VALIDITY ................................................ 1014-4 CHAPTER X – NUISANCES & OFFENSES 1014-2 ______________________________________________________________________________________________________________________________________________________________ ORDINANCE 1014 EXCESSIVE NUSIANCE SERVICE CALLS ______________________________________________________________________________________________________________________________________________________________ Section 1014.01: PURPOSE AND INTENT. The purpose of this Section is to protect the public safety, health and welfare and to prevent and abate repeat response calls by the City to the same property of location for nuisance service calls, as defined in this division, which prevent police or public safety services to other residents of the city. It is the intent of the City to impose and collect nuisance service call fees from the owner or occupant, or both, of property to which city officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection city wide. Section 1014.02: APPLICABILITY AND SCOPE. This Section shall apply to all owners and occupants, of private property which is the subject or location of the repeat nuisance service call by the City. This division shall apply to any repeat nuisance service call responses made by a police officers, community service officers, and code enforcement officers and officials. Section 1014.03: DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1: Nuisance Service Call: An incident to which the City is required to respond, of any activity, conduct or condition occurring on private property that is likely to unreasonably interfere with the quiet enjoyment of neighboring properties or the safety, health, morals, welfare, comfort or repose of the residents therein, including without limitation, violations of City Code Sections 1002, 1010, 1011, and 1012, and incidents of disorderly conduct or indecent exposure as defined by Minnesota Statutes. Subd. 2: Public Officer: Shall include police officers, community service officers, and code enforcement officers and officials of the City of St. Joseph. Subd. 3. Verified Incident: An incident in which a public officer, having completed an investigation, is able to find evidence of nuisance conditions or conduct described in the definition of Nuisance Service Call. It shall not be necessary that criminal charges be brought or convictions be obtained relative to the incident. Multiple offenses obtained during a single response shall count as one incident. CHAPTER X – NUISANCES & OFFENSES 1014-3 Section 1014.04: FEES; LATE PENALTIES; COLLECTION BY SPECIAL ASSESSMENT. Subd. 1: Imposition of Fee. Property owners and occupants of a property shall be jointly and severally responsible for nuisance incidents occurring thereon and shall be individually responsible for any Nuisance Service Call fees issued to a party under this Section. Where a notice of Nuisance Service Call has been served on the owner and/or occupant of the property, each successive Nuisance Service Call within a period of 365 days shall result in fee being charged to the owner and/or occupant. Subd. 2: Amount of Fee, Late Penalties. The Nuisance Service Call fee under this Section shall be based upon the actual cost of law enforcement or other public officer response as determined by the City fee schedule for each separate call. All Nuisance Service Call fees imposed shall be due within thirty days of the city's mailing a billing statement therefor. Delinquent payments are subject to a ten percent penalty of the amount due. Subd. 3: Assessment. If an owner fails to pay a Nuisance Service Call fee as lawfully required under this Section, the city council may, at their discretion, assess the fee against the property taxes due on the parcel. Section 1014.05: NOTICE. The City Administrator shall provide written notice to the property owner and/occupant that the Nuisance Service Call fee is being imposed. The written notice shall: (1) State the time, date and nature of the Verified Incident; and (2) Be served personally or by U.S. mail upon the owner or occupant at the last known address. With regard to the owner, the notice by U.S. Mail shall be sent to the address for property tax statements maintained by Stearns County Assessor for the property. Section 1014.06. AFFIRMATIVE DEFENSE. In the case of rental property, it shall be an affirmative defense to the Nuisance Service Call fee upon the owner if the owner has commenced eviction proceedings against the tenant or tenants responsible for the nuisance conduct or conditions and the property does not have a history of Nuisance Service Calls with prior tenants. Section 1014.07: RIGHT TO APPEAL; APPEAL PROCEDURE. Subd. 1: Request for hearing. Upon the imposition of a Nuisance Service Call fee, the City Administrator or designee shall inform the owner or occupant of their right to a hearing on the alleged repeat Nuisance Service Call fee. The owner or occupant upon whom the fee is imposed may request a hearing by serving upon the City Administrator within 14 business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for a hearing. The hearing shall be heard by the City Council within 30 days of the date of the CHAPTER X – NUISANCES & OFFENSES 1014-4 owner's or occupant's request for a hearing. Subd. 2: Hearing procedure; evidentiary rules. The hearing shall be conducted in an informal manner and the state rules of civil procedure and rules of evidence shall not be strictly applied. The hearing need not be transcribed but may be transcribed at the sole expense of the party who requests the transcription. Subd. 3: Final determination; notice to owner or occupant. After considering all evidence submitted, the City Council shall make written findings of fact and conclusions on the issue of whether the City responded to or rendered services for repeat nuisance calls to the same location on two or more occasions within a 365-day period. The findings and conclusions shall be served upon the owner or occupant by U.S. mail within five days of the conclusion of the hearing. Subd. 4: Waiver of right to hearing. An owner or occupant's right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for a hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon receipt of the written findings of fact and conclusions that the Nuisance Call Service fee is warranted hereunder, the owner or occupant shall immediately pay the fee imposed. Section 407.08: SEVERABILITY AND VALIDITY. Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the invalidity thereof shall not affect the validity of the other provisions of this ordinance, which shall continue in full force and effect. Subd. 2: This ordinance shall be in full force and take effect from and after its passage and approval and publication as provided by law.