HomeMy WebLinkAboutItem 06.dOverview
May 25, 2011
ORDINANCE AMENDING TITLE 1, CHAPTER 4 OF THE LAKEVILLE CITY CODE
CONCERNING ENFORCEMENT
Proposed Action
Staff recommends adoption of the following motion: Approve ordinance to amend Title
1, Chapter 4 of the Lakeville City Code concerning enforcement.
Passage of this motion will amend the city code 1- 4 -1 -1: Enforcement to include the
Fire Chief and Marshal.
As presented at the council work session on May 23, 2011 this amendment
would allow the Fire Chief and Marshal enforcement powers to issue citations
when carrying out duties of code enforcement.
Primary Issues to Consider
• None
Supporting Information
Memo from Fire Chief and Marshal concerning issue and the amended Title 1,
Chapter 4 of the Lakeville City Code.
Michael Meyer, Fire Chief
Item No.
Financial Impact: $ NIA Budgeted: No Source:
Related Documents (GIP, ERP, etc.):
Notes:
To:
From:
Date:
MEMORANDUM
Mike Meyer, Fire Chief
Brian Carstensen, Fire Marshal
February 4, 2011
Re: Fire Code Enforcement
On a few occasions, the need for fire code compliance has reached the point of
issuing a citation after all other means have failed. Minnesota law identifies these
violations as misdemeanors and requires the owner /occupant to appear in court. It
has always been our philosophy to educate people as it pertains to fire safety and
code compliance and that will continue to be our focus. Fire codes are designed as a
minimum standard so compliance with the code can be compared to passing with a
"C ". Our goal is to streamline the process for those that continually fall below the
minimum standard. Currently, our citation process involves the police department as
well as the city attorney. 1 would like to streamline the process and eliminate the
need for the police department. The city attorney would remain an integral part of
this process as they are the legal experts.
Fire code compliance /enforcement:
When violations are discovered during regular and spot inspections, the violations
will be called to the attention of the owner and/or occupants. When the situation is
not corrected during the inspection or is a recurring uncorrected violation, several
types of enforcement procedures may be available.
• Warning notice -- Written warning stating the violation(s) that were found at
the time of the inspection. The fire official, using discretion and judgment,
may designate an appropriate period of time for correction of the violation
cited. This process can be extended for a longer period of time if the
corrections are deemed to be a financial hardship.
• Red tag or condemnation notices — These are usually attached to
appliances, systems or equipment that would be unsafe and dangerous if
allowed to remain in operation.
• Citations or summons -- After exhausting all means of fire code compliance,
fire code officials may issue a citation for outstanding violations.
ATTEST:
104678.02 I R L I
JJJ:I I2' 10 :2003
1- 4 -1 -1: ENFORCEMENT:
Charlene Friedges, City Clerk
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 1,
CHAPTER 4 OF THE LAKEVILLE CITY CODE
CONCERNING ENFORCEMENT
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1, Section 1 -4 -1 -1 of the Lakeville City Code is amended to read:
The Zoning Administrator, Director of Community Development, Assistant
Director of Community Development, Community Service Officers, Park Rangers, Fire
Chief, Fire Marshal and Chief Building Official within their job descriptions or as
otherwise authorized by ordinance are expressly authorized to institute in the name of the
City any appropriate actions, civil or criminal, including the issuance of a citation in lieu
of arrest, against a person, firm or corporation who violates any provision of this City
Code. Pursuit of one remedy shall not bar or act as a limitation on any other remedy the
City may have at law.
SECTION / This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this day of , 2011, by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor