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HomeMy WebLinkAbout0558 ORDINANCE NO. 558 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE TO CONTROL GRAFFITI. ON PIIBLIC OR PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 4_of the Lakeville .City code is amended by -adding Chapter 5, as follows: CHAPTER 5 GRAFFITI. CONTROL SECTION 4-5-1• Purpose 4-5-2: Definitions 4-5-3: Unlawful Conduct 4-5-4: Removal of Graffiti 4-5-5: Police Identification of Graffiti 4-5-6: Hearing 4-5-7: Notice to Owner 4-5-8: Costs to be Assessed 4-5-9: Graffiti Abatement. Civil in Nature 4-5-10: Penalties 4-5-1: PURPOSE: A. The Council finds that graffiti is an increasing problem in the City. The Council finds that quick removal of graffiti may assist in preventing encouragement of the defacement of .property. B. The Council further finds that graffiti creates a condition of blight which can result in the deterioration of property values and is inconsistent with the City's property maintenance goals and aesthetic standards. In addition, unless graffiti is removed, other properties soon become the targets of graffiti. C. The Council hereby declares its intention to minimize and to quickly remove graffiti to limit its adverse impact on City youth and neighborhoods. Graffiti is hereby declared to be a public nuisance and a public health and safety hazard-for purposes of Minnesota Statutes Section 429.101, subd. 1(c) and Section 429.021, subd. 1(8). 24786 06/22/95 , 4-5-2s DEFINITIONS: For purposes of this chapter, the terms defined in this section shall have the following meaning ascribed to them.. "Graffiti" shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise placed on any surface of objects such as buildings, walls, fences, sidewalks, curbs, trees, rocks, or other permanent structures or objects on public or private property or the interior surfaces of those parts. of buildings accessible to the general public and which have the effect of defacing the property. 4-5-3: IINLAAFIIL CONDIICT REGARDING CREATION OF GRAFFITI: It shall be unlawful for any person to intentionally place graffiti on any surface or the interior surfaces of those parts of buildings accessible to the general public located on public or private property except with the permission of the person in lawful ownership or possession of such property and in accordance. with the requirements of the City's sign ordinance. A person who violates this. section shall be guilty of a misdemeanor.. 4-5-4: REMOVAL. OF GRAFFITI: A. A property owner may ask the City to remove graffiti from the owner's property before being ordered to do. so following the abatement procedure set forth in 4-5-5 through 4-5-8. If the City agrees to remove the graffiti, the City shall have the property owner or its designated agent sign a release of liability form and a consent form authorizing the City or its agents to enter onto the property.. The property. owner shall be liable for any costs which the City .incurs in removing the graffiti. The City may collect-the costs as a special assessment. pursuant to Minnesota Statutes 429.101, Subd. 1(c) if the property owner fails to reimburse the City upon request. B. If an owner does not remove graffiti and does not ask the City to remove graffiti from the owner's property before being ordered to do so, the-.City may .remove the graffiti by following the abatement procedure set forth in Sections 4-5- 5 through 4-5-8 herein. 4-5-5: CITY POLICE TO IDENTIFY: A. Based upon information received from .the public or upon police observation,. the City police shall investigate and identify graffiti. After the police department has verified the existence of graffiti, the police chief shall send a letter to the property owner by certified mail informing the property owner about the graffiti and requesting the property owner. to remove the graffiti within a reasonable 24786 06/22/95 2 period of time which shall be less than thirty (30) days, based upon consideration of weather conditions and other relevant factors. The police department shall verify whether the graffiti has in fact been removed. B. If the. police department finds that the graffiti has not been. removed within the time allotted, the department shall contact the City clerk, who shall schedule a public hearing. The City .clerk shall notify the affected property owner of the hearing date, the preliminary findings that graffiti exists on the owner's property and that the. Council may after the hearing order the removal of the graffiti-by the property owner or the City's department of public works, and if said department has to remove the graffiti, the costs will be assessed against the owner's property. 4-5-6: HEARING: A. At a hearing before the Council, the Council shall receive evidence from the police department and from any other persons with knowledge as to the existence of graffiti. The. property owner shall be entitled to be heard on all matters relating to graffiti and. the process of removal. The existence of .graffiti must be proven by a preponderance of the evidence. B. If the Council finds that graffiti exists, the Council shall direct its removal in accordance with Sections 4-5-7 and 4- 5-8. The department of public works may authorize private contractors to handle graffiti removal. 4-5-7: NOTICE TO DWNER: A. In the event the Council finds that graffiti exists, the city attorney shall. mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall: (1) Contain a description of the real estate sufficient for identification. (2) Inform the owner that the Council has found graffiti exists on the owner's property. (3) Request that the owner remove or obliterate the graffiti within a reasonable time as determined by the council. (4) .Inform the owner that a motion for summary enforcement of the order will be made to the District Court for Dakota County unless corrective action is taken within the time allotted, or unless an answer is filed within twenty (20) days from the date of service of the order. An answer to the order must be served in the manner of z4786 oeizzi9s 3 an answer in a civil action and must specifically deny .such facts in the order as are in dispute. B, Service of the Order. The written order shall be served upon the owner of record or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the .order shall beserved upon the owner by posting it at .the. main entrance to the building or upon the structure, and by four weeks published notice in the official newspaper of the City or any legal. newspaper in the county. C. Filing. of Order. A copy of the order with proof of service shall be filled with the court administrator of the District Court for Dakota County not less than five days. prior to the filing of a motion for enforcement of the order. D. Default. If no_answer is served, the City may move the court for the enforcement of the order. If such motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgement accordingly, fixing a time after which the City may proceed with the enforcement of the order and specifically authorizing the City to enter the property to remove or abate the graffiti. E. Contested cases. If an answer is filed and served, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts. If the order is sustained following the trial, the court shall enter judgement and shall fix a time after which the graffiti must be removed in compliance with the original order as filed or modified by the court. If the order is not. sustained, it shall be annulled and set aside. The court administrator shall cause a copy of the judgement to be mailed forthwith to persons upon whom the original order was served. F. Enforcement of judgement. If the owner of record. fails to comply with the judgement by failing to remove the graffitti within the time prescribed, the City may enter the property and remove the graffiti as set forth in the judgement. 4-5-8: COSTS TO BE ASSESSED: - A. In the event the City removes the graffiti, the costs of the .removal may be: a lien. against the real estate on which the building or structure is located, or recovered by obtaining a judgement against. the owner of the real estate on which the building or structure is located. Alien may be levied and collected as a special assessment in the manner provided by Minnesota Statute section 429.061 to 429.081, but the assessment is payable in a single installment. 24786 .06/22/95 4 . ~ B. The City shall keep an accurate account of the expenses incurred. in carrying out the order and of all other expenses incurred in connection with its enforcement including filing fees, service fees, publication fees, attorney's fees, appraisers fees,. witness fees, expert witness fees-and traveling expenses incurred by the City from the time the order was .originally made. The City shall report its action under the order with a statement of expenses incurred to the court for approval and allowance. The court shall by its judgement certify the deficiency in the amount so allowed to the municipal clerk for collection. 4-5-9: GRAFFITI ABATEMENT CIVIL IN NATIIRE: Section ? or 8 herein relating to the abatement of graffiti, shall not be treated as misdemeanors nor shall they be criminal in nature. 4-5-10: PENALTY: Any person who violates any provision of section 3 herein is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding seven hundred dollars ($700.00) or by imprisonment for a period not exceeding ninety (90) days or both, plus in either case, the costs. of prosecution. Section 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 21st day of August , 1995, by the City Council of the City of Lakeville. .CITY OF LAKEVILLE BY : ~--Q'~ D ane R. Zaun,. yor S ATTEST: Charlene Friedg~ , City Clerk 24786 06/22/95 5 PUBLIC NOTICE ORDINANCE NO. 558 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE TO CONTROL GRAFFITI ON PUBLIC OR PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Title 4 of the Lakeville City code is amended by adding Chapter 5, as follows: CHAPTER GRAFFITI CONTROL SECTION 4-5-1: Purpose 4-5-2: Definitions 4-5-3: Unlawful Conduct 4-5-4: Removal of Graffiti 4-5-5: Police Identification of Graffiti 4-5-6: Hearing 4-5-7: Notice to Owner 4-5-8: Costs to be Assessed 4-5-9: Graffiti Abatement Civil in Nature 4-5-10: Penalties 4-5-1: PURPOSE: A. The Council finds that graffiti is an increasing problem in the City. The Council finds that quick removal of graffiti may assist in preventing en- couragement of the defacement of property. B. The Council further finds that graffiti creates a condition of blight which can result in the dete- riorstiop of_gropertx values and is inconsistent has not been removed within the time alloted, the department shall contact the City clerk, who shall schedule a public hearing. The City clerk shall notify the affected property owner of the hearing date, the preliminary findings that graf- fiti exists on the owner's property and that the Council may after the hearing order the removal of the graffiti by the property owner or the City's department of public works, and if said depart- ment has to remove the graffiti, the costs will be assessed against the owner's property. 4-5-6-: HEARING: A. At a hearing before the Council, the Council shall receive evidence from the police department and from any other persons with knowledge as to the existence of graffiti. The property owner shall be entitled to be heard on all matters relating to graffiti and the process of removal. The existence of graffiti must be proven by a preponderance of the evidence. B. If the council finds that graffiti exists, the Coun- cil shall direct its removal in accordance with Sections 4-5-7 and 4-5-8. The department of public works may authorize private contractors to handle graffiti removal. 4-5-7 NOTICE TO OWNER: A. In the event the Council finds that graffiti exists, the city attorney shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall: slq; u21s o; pazc.ioq;ns me I ;eq; ,Cjt .iaa I '4 '00 :aweu scq; aapun 2u1;e aado ssaucsnq aq; jo a.lnleu aq; saquasap Cla;emaas Isom;eq; (DIS) aPoD leulsnpul piepue;c 015.1. 's students who would out or flunked out o She is known in I ( Girls' Soccer Comn first girls' program Lakeville team didn' ( ever, the following Under 14 State Chi with an Under 16 tit) The couple moved 1990, and one year "nonmalignant poly) cancerous. She battl( B. five years. s Mrs. Ferris was p a parents and an infant i, Survivors include n Bob of Elkhorn; dau o of Elkhorn; a brothel Harvey of Weimar, C t and her husband, Ja• 1 Va.• a brother, Crai c. F Harvey of Austin, Te) s, Brown of Des Moi relatives and friends fi D. L npn sdl iiews os sji 'u0 5 e imam pie 6uiaeey in Sana pie 6uiaeeq;soiieu N� M3N 3H1 ONIOfl( S Multi (a661 '9Z '2nv uo sauiLL 28 a. )(IND XIID .1oSew 'unez •B amnia (s) :a S I IIAEMV'I dO A.LID •allcAmpri Jo 1 aq7 �9 `4661 1sn2nvJo ,Cep; •uol;eal(gnd pug a2esse aAipajja aq Hags aaueulp.ro •2ulpaaaoad aJo sueu;sapad o; Sum -Jo -110p . A..arfo,d a,o * r rrl TM TOW r\ MAD RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $14.80 per column inch. (2) Maximum rate allowed by law for the above matter: $14.80 per column inch. (3) Rate actually charged for the above matter: $8.52 per column inch, 1st week and $8.10 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville ord. 558 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Saturday, the 26th day of Auqust , 1995; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY:�u------ TITLE: Publisher Subscribed and sworn to before me on this 28th day of Notary Public August , 1995. ANWWWW BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA % MY COMMISSION EXPIRES 1 31-00