Ordinance No. 1021 12-13-1993 ORDINANCE NO. 1021
AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED
"ABATEMENT OF EXTERIOR PUBLIC NUISANCES" TO THE
FRIDLEY CITY CODE
The City Council of the City of Fridley does ordain as follows:
CHAPTER 128
ABATEMENT OF EXTERIOR PUBLIC NUISANCES
128.01. PURPOSE
The Council of the City of Fridley has determined that the health, safety,
general welfare, good order and convenience of the public is threatened by
certain exterior public nuisances on property within the City limits. It is
declared to be the intention of the Council to abate such nuisances, and this
Chapter is enacted for that purpose.
128.02. APPLICATION
This Chapter shall apply to the abatement of public nuisances maintained
exterior to the principal structure involving junk vehicles (as defined in
Chapter 123) and outside storage of materials and equipment including, but not
limited to, dis-used machinery, household appliances and furnishings, tires,
automotive parts, scrap metal, lumber, and all other materials deemed to
create an exterior public nuisance as described in 128.01.
128.03. HEARING EXAMINER
1. Position Created.
The position of Hearing Examiner is hereby created. The City Manager may, at
his discretion and with the approval of the Council, contract with third
parties for the furnishing of all services of the Hearing Examiner as
contained in this Chapter and set the rate of compensation therefor.
2. Qualifications.
The hearing examiner shall be an individual trained in law; however, it shall
not be required that the hearing examiner be currently licensed to practice
law in the State of Minnesota.
3. Duties.
The Hearing Examiner shall have the following duties:
A. Set dates and hear all contested cases following appeals of orders
of the Code Enforcement Officer or other duly authorized agents.
B. Take testimony from all interested parties.
C. Make a complete record of all proceedings including findings of
fact and conclusions of law.
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D. Affirm, repeal or modify the order of the Code Enforcement Officer
or other duly authorized agents.
128.04. INSPECTION AND INVESTIGATION
1. Periodic Inspection.
The Code Enforcement Officer or other duly authorized agents shall cause to be
inspected all public and private properties within the City which might
contain an exterior public nuisance as defined in this Code section as often
as practicable to determine whether any such conditions exist. The Code
Enforcement Officer or other duly authorized agents shall also investigate all
reports of exterior public nuisances located within the City.
2. Right of Entry.
The Code Enforcement Officer or other duly authorized agents may enter upon
all public and private properties for the purposes of conducting inspections
for exterior public nuisances. If the property owner and/or occupant of any
property refuses said inspector(s) right of entry for inspection, the City may
seek an administrative search warrant or other order of the District Court for
said purpose of entry and inspection.
128.05. ABATEMENT OF EXTERIOR PUBLIC NUISANCES
Upon a determination by the Code Enforcement Officer or other duly authorized
agent that an exterior public nuisance exists on any public or private
property within the City, said official shall order the exterior public
nuisance to be abated in accordance with this Code section.
128.06 PROCEDURE FOR REMOVAL OF EXTERIOR PUBLIC NUISANCES
1. Notice.
Whenever the Code Enforcement Officer or other duly authorized agent finds
with reasonable certainty that an exterior public nuisance exists on any
public or private property in the City, said official shall notify the
affected property owner by first class mail that the nuisance must be abated
within a reasonable period of time, not less than twenty (20) days from the
date of service of the notice. (Service by mail shall be deemed complete upon
mailing.) The order shall set forth the following:
A. The specific nature of the violations and requirements for
compliance.
B. That the property owner may, within twenty (20) days of the date
of the order, request a hearing before the Hearing Examiner and by
what procedure such hearing may be requested. -
C. That failure to abate the nuisance or request a hearing within the
applicable time period will result in summary abatement
procedures, and that the cost of abatement will be assessed
against the subject property.
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2. Hearing.
Any property owner who feels aggrieved by an order of the Code Enforcement
Officer or other duly authorized agent issued pursuant to this chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in
writing with the office of the Community Development Director within twenty
(20) days after the date of service of the notice by the Code Enforcement
Officer or other duly authorized agent. The Community Development Director
shall notify the Hearing Examiner who shall notify the property owner of the
date, time, and place of the hearing. The hearing shall be conducted no more
than twenty (20) days after the Hearing Examiner receives notice of the
request, unless a later date is mutually agreed to by the Hearing Examiner,
the property owner and the City. Both the property owner and the City may
appear at the hearing with counsel and may call such witnesses and present
such evidence as is determined by the Hearing Examiner to be relevant. Within
ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or
modify the order of the Code Enforcement Officer or other duly authorized
agent. The Hearing Examiner's order shall be accompanied by written findings
of fact, and may include a finding of fact as to the absence of value of the
refuse and/or junk materials deemed to constitute an exterior public nuisance.
Any person aggrieved by the decision of the Hearing Examiner may appeal that
decision to the City Council by filing notice of such appeal with the
Community Development Director within twenty (20) days of receiving notice of
the Hearing Examiner's decision. At its next available regular meeting
following the filing of a notice of appeal, the Council shall review the
decision and findings of fact of the Hearing Examiner and shall affirm, repeal
or modify that decision. If the Council affirms the Hearing Examiner's
decision declaring that an exterior public nuisance exists, the City shall
abate the exterior public nuisance after twenty (20) days following the
Council's final determination, unless the property owner obtains a court order
to the contrary within said twenty (20) days.
3. Disposition of Property.
The City maintains the right to dispose of all property that it removes from
public and private properties through abatement procedures as outlined in this
Chapter. Disposal of property deemed to have value shall occur thirty (30)
days after the property is secured, unless the property owner obtains a court
order to the contrary and/or pays all costs associated with the removal and
storage of said property within said thirty (30) day time period. The City
maintains the right to immediately dispose of refuse and/or junk materials
deemed to be without value.
4. Assessment.
The Code Enforcement Officer or other duly authorized agent shall keep a
record of the costs of abatements done under this Chapter and shall provide
regular reports to the Finance Director or other appropriate officer regarding
all work performed for which assessments are to be made, stating and
certifying the description of the land, lots or parcels involved and the
amount assessable to each. The amounts to be assessed shall include up to an
additional twenty-five percent (25%) to cover any administrative costs
associated with the abatements. On or before September 1 of each year, the
City Clerk shall list the total unpaid charges for each abatement against each
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separate lot or parcel to which they are attributable under this Chapter. The
III Council may then spread the charges or any portion thereof against the
property involved as a special assessment under other pertinent statutes, for
certification to the County Auditor and collection the following year along
with current taxes. Such assessment shall be payable in no more than ten (10)
equal annual installments, pursuant to Minnesota Statutes, Section 429.01,
Subdivision 2.
128.07. EFFECTIVE DATE
The effective date of this Chapter shall be January 1, 1994.
128.08. SEVERABILITY
Every section, provision or part of this Chapter is declared separable from
every other section, provision or part to the extent that if any section,
provision or part of this Chapter shall be held to be invalid, such holding
shall not invalidate any other section, provision or part thereof.
128.09. NON-EXCLUSIVENESS
Nothing in this Code section shall be deemed a waiver or limitation of any
statutory right and/or power of the City as to hazardous buildings, properties
or materials, nor shall this Code section be deemed to otherwise limit the
right and/or power of the City to conduct other administrative and/or
regulatory searches and inspections including, but not limited to, health
III inspections, fire scene and arson inspections and regulated business and
industries inspections, nor shall this Code section be deemed to be an
exclusive remedy of the City regarding the abatement of exterior public
nuisances.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF
DECEMBER, 1993.
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WILLIAM J. MAYOR
ATTEST:
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WILLIAM A. CHAMPA - CITY C ERK
Public Hearing: November 1, 1993
First Reading: November 15, 1993
Second Reading: December 13, 1993
Publication: December 21, 1993
III