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HomeMy WebLinkAboutItem 5City of Lakeville Public Works Memorandum To: Mayor and City Council Justin Miller, City Administrator From: Paul Oehme, Public Works Director Date: December 14, 2020 Subject: Ordinance Amendment Relating to Nuisance Abatement Overview Staff presented a draft Ordinance Amendment Relating to Nuisance Abatement to the City Council at its September 28, 2020 Work Session. The City Council requested changes to the draft Ordinance Amendment Relating to Nuisance Abatement to follow the procedures for abatement in the shade tree ordinance. The draft language now mirrors very closely the shade tree ordinance language and procedures for abatement of nuisances. The main change was the removal of the summary enforcement language. Staff is requesting a change to Title 4 of the City Code Chapter 1 Public Nuisances. Staff is requesting this change to allow the City to abate a public safety issue on private land in emergency situations. An example of this type of public safety concern is if there is a tree which has been identified as a threat to the public on private land that could fall over and cause a safety issue. Other examples may be hazardous material or abandoned equipment or structure that may impact public safety. Currently the only way the City can address these types of public safety issues is through a court order which can take up to two years to obtain. In cases of an emergency, where delay in abatement of a public safety issue is not prudent the City Council may order the issue removed. The City may provide for abatement without following normal abatement procedures or the appeal process. The City Administrator or designee must reasonably attempt to notify the owner of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. Abatement procedure in event of an imminent danger would only be used rarely and in extreme situations were public safety is at risk and the property owner is not available, able or willing to abate the safety concern. Attached: Draft Nuisance Code amendment Redline copy of Draft Nuisance Code Amendment 1 ORDINANCE NO. _____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF LAKEVILLE, MINNESOTA AMENDING TITLE 4, CHAPTER 1 OF THE CITY CODE CONCERNING HEALTH AND SANITATION: NUISANCES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 4, Chapter 1, of the Lakeville City Code is hereby amended to include the following: 4-1-7: ABATEMENT PROCEDURE FOR OBSTRUCTION OF PASSAGE: Whenever the City Administrator or designee determines with reasonable certainty that a public nuisance as defined in Section 4-1-1(C) is being maintained or exists on private or public property in the City, the City is authorized to abate a public nuisance according to the procedures in this chapter. A. The City shall notify in writing the owner of record of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice shall be given in person or by posting the notice on the property and by mail. Failure of any party to receive the notice does not invalidate the service of the notice. A copy will be on file at the City offices. B. The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the City at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance and provide ten (10) days, or a reasonable timeframe as determined by the City Administrator or designee, for the nuisance to be abated. The notice shall also state that the owner has the right to appeal the determination that a public nuisance as defined in Section 4-1-1(C) exists by submitting a request in writing to the City Clerk within seven (7) days after service of the notice, or before the date by which abatement must be completed, whichever comes first. C. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the City Administrator or designee shall have the authority to obtain permission from the owner or individual in control of the property or other legal authorization, enter the property and carry out abatement in accordance with the notice of abatement. 4-1-8: HIGH-COST ABATEMENT: If the City determines that the cost of abating a nuisance will exceed three thousand dollars ($3,000.00) based on a reasonable, good faith estimate, the written notice referred to in section 4- 1-7 of this chapter must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. 2 4-1-9: APPEAL PROCEDURE: If the City Clerk receives a written request for a hearing on the question of whether a public nuisance under 4-1-1(C) exists, the City Council shall hold a hearing within fourteen (14) calendar days following receipt by the Clerk of the written request. At least three (3) days' notice of the hearing shall be given to the individual who made the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner, agent of the owner, occupant, and lienholder of the subject property or properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance. 4-1-10: ABATEMENT PROCEDURE IN EVENT OF IMMINENT DANGER: A. If the City determines that the public nuisance as defined by Section 4-1-1(C) may put public health, safety, or welfare in immediate danger, the City may provide for abatement without following section 4-1-7, 4-1-8, or 4-1-9 of this chapter. The City Administrator or designee must reasonably attempt to notify the owner of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. B. Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 4-1-11: RECOVERY OF COST OF ABATEMENT; LIABILITY AND ASSESSMENT: A. The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the Office of the City Clerk. B. After notice and hearing, as provided in Minnesota Statutes section 429.061 (which may be amended from time to time), the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under Minnesota Statutes section 429.101 against each separate lot or parcel to which the charges are attributable. The City Council shall then certify the charges against the property to the County Auditor for collection along with current taxes the following year or in annual installments as the City Council may determine in each case. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. 3 ADOPTED this ______ day of ____________, 2020, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY:____________________________ Doug Anderson, Mayor ATTEST: _______________________________ Charlene Friedges, City Clerk 1 ORDINANCE NO. _____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF LAKEVILLE, MINNESOTA AMENDING TITLE 4, CHAPTER 1 OF THE CITY CODE CONCERNING HEALTH AND SANITATION: NUISANCES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 4, Chapter 1, of the Lakeville City Code is hereby amended to include the following sections: 4-1-7: ABATEMENT PROCEDURE FOR OBSTRUCTION OF PASSAGE: Whenever the City Administrator or designee determines with reasonable certainty that a public nuisance as defined in Section 4-1-1(C) is being maintained or exists on private or public property in the City, the City is authorized to abate a public nuisance according to the procedures in this chapter. Notice: A. The City Administrator or authorized designee has the authority to determine that a condition on a property constitutes a nuisance as defined by Section 4-1-1(C). Upon that determination, an shall notify in writing the owner of record or occupant of the premises shall be notified in writing that a public nuisance exists and order that the nuisance shall be terminated or abated. The City Administrator or authorized designee shall provide The notice to the owner of record or occupant by mail, shall be given in person, or by posting the notice on the property. A failure and by mail. Failure of any party to receive the notice does not invalidate the service of the notice. A copy will be on file at the City offices. B. The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the City at the expense of the owner. The notice shall describe specify the control measures to be taken to abate the nuisance and provide ten (10) days, or a reasonable timeframe as determined by the City Administrator or designee, for the nuisance to be abated. If the nuisance is not abated The notice shall also state that the owner has the right to appeal the determination that a public nuisance as defined in Section 4-1-1(C) exists by submitting a request in writing to the City Clerk within that timeframe, the City Administrator or authorized designee may issue an Order pursuant to this section. The notice seven (7) days after service of the notice, or before the date by which abatement must state that if the owner or occupant fails to remedy the nuisancebe completed, whichever comes first. A. C. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided inby the notice, the City will abate the nuisance at the expense of the owner or occupant. B. An Order shall be given as set forth in this subsection. The Order shall include the following: 2 1. The nuisance shall be abated within ten (10) days of the Order, or a reasonable timeframe as determined byany additional time granted, the City Administrator or designee. 2. The Order shall identify and describe the nuisance and shall specify the steps that may be taken to abate the nuisance. 3. The Order shall state that the City will abate the nuisance and assess the costs against the property if the nuisance is not abated within the timeframe specified in the Order. 4. The Order shall be served by the City Administrator or authorized designee on shall have the authority to obtain permission from the owner of record or occupant of the premisesor individual in person or by posting the notice on the property and by mail. If the premises is not occupied, the ownercontrol of record is unknown, or the owner of record or occupant refuses to accept the Order, the Order shall be served by posting it on the premises. A failure to receive the notice does not invalidate the service of the notice. 5. The Order shall include a statement that the Order may be appealed to City Council by filing a written request with the city clerk before the appeal deadline which shall be the abatement deadline designated in the Order. Upon receipt of a timely appeal notice, the City Clerk shall schedule the hearing at the next regularly scheduled City Council meeting. Each owner, agent of the owner, occupant, and lienholder of the subject property or properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. If the required actions specified in the Order are not complied with, the City Administrator or authorized designee may obtain an administrative search warrant tothe property or other legal authorization, enter the property and inspect the nuisance condition, obtain a court order permitting the City to abate the nuisance, or take any other lawful action to abate the nuisance and assess the costs as prescribed in this chaptercarry out abatement in accordance with the notice of abatement. 4-1-8: HIGH-COST ABATEMENT: If the City determines that the cost of abating a nuisance will exceed three thousand dollars ($3,000.00) based on a reasonable, good faith estimate, the written notice referred to in section 4- 1-7 of this chapter must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. 4-1-9: APPEAL PROCEDURE: If the City Clerk receives a written request for a hearing on the question of whether a public nuisance under 4-1-1(C) exists, the City Council shall hold a hearing within fourteen (14) 3 calendar days following receipt by the Clerk of the written request. At least three (3) days' notice of the hearing shall be given to the individual who made the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner, agent of the owner, occupant, and lienholder of the subject property or properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance. 4-1-10: ABATEMENT PROCEDURE IN EVENT OF IMMINENT DANGER: A. Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in Sections 4-1-7 or 4-1-8 of this chapter will permit a continuing nuisance to unreasonably endanger public health, safety, or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the City Administrator or designee shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety, or welfare. The City Administrator or designee must reasonably attempt to notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in Section 4-1-7 or 4-1-8 and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement, abate the nuisance, and assess the costs to the property owner as prescribed in this chapter. Immediate Abatement. A. If the City determines that the public nuisance as defined by Section 4-1-1(C) may put public health, safety, or welfare in immediate danger, the City may provide for abatement without following section 4-1-7, 4-1-8, or 4-1-9 of this chapter. The City Administrator or designee must reasonably attempt to notify the owner of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting. B. Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. 4-1-1011: RECOVERY OF COST OF ABATEMENT; LIABILITY AND ASSESSMENT: A. The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the Office of the City Clerk. B. After notice and hearing, as provided in Minnesota Statutes section 429.061 (which may be amended from time to time), the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under Minnesota Statutes section 429.101 against each separate 4 lot or parcel to which the charges are attributable. The City Council shall then certify the charges against the property to the County Auditor for collection along with current taxes the following year or in annual installments as the City Council may determine in each case. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this ______ day of ____________, 2020, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY:____________________________ Doug Anderson, Mayor ATTEST: _______________________________ Charlene Friedges, City Clerk