Ordinance No. 1098 06-09-1997 ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA,
FINDING AND DECLARING UNPAVED, GRAVEL, OR DIRT
DRIVEWAYS TO BE A PUBLIC NUISANCE, DESCRIBING
THE PENALTIES THEREFORE, AND AMENDING SECTIONS
110.02 AND CREATING NEW SECTIONS 110.06 AND
110.07
WHEREAS, the City of Fridley has undertaken a study of the single
family residences within its boundaries and determined that a small
percentage of them do not have paved driveways; and
WHEREAS, the City of Fridley has long determined it to be the policy
in the City, as stated in its Zoning Code, that all residential
driveways in the City be paved with concrete, asphalt, brick, or
similar hard surfaces; and
WHEREAS, the basis for the City's policy lies in the finding that an
absence of such paved surface results in environmental harm in the
form of obstruction of storm sewer and other water drainage patterns,
as well as the deposition of hydrocarbons and other hazardous
automotive-related directly into the ground in the City, and the
spreading of dust and gravel on surrounding properties, all to the
detriment of the health, welfare, and safety of the residents of the
City; and
WHEREAS, while the existing Zoning Code provisions are adequate for
the protection of the residents of the City in cases of new
construction or homes being sold in the City, enough instances exist
in the City of unpaved driveways so as to create a detrimental
impact on the health, welfare, and safety of the residents of the
City; and
WHEREAS, the City of Fridley, by its City Council, expressly finds
that the existence of unpaved driveways within the City continue to
create an ongoing environmental hazard and condition detrimental to
the health, safety, and welfare of its citizens.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley finds and
declares unpaved driveways to be a public nuisance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Fridley by
action of its City Council authorized by its City Charter and the
laws of the State of Minnesota, hereby ordains that Chapter 110 of
the Fridley City Code be amended by inserting therein, following the
provisions of Section 110. 02, new language as follows:
110.02 . 1 DRIVEWAY NUISANCE
Any driveway located within the City and not paved is a public
nuisance.
Any nuisance under this provision must be abated by construction of
an approved surface on the driveway in a manner prescribed by the
City. The City expressly reserves and declares its statutory
authority to abate any such nuisances under the assessment and
levying powers granted by Minnesota Statutes Chapters 429 and 463.
All assessments levied for the repayment of a hardsurface driveway
installation shall be reimbursed in accordance with the terms and
Page 2 -- Ordinance No. 1098
conditions established in each instance by the City Council.
"Driveway", for purposes of this Chapter, shall not include any
public owned or dedicated unpaved road or alleyway used for purpose
of access to any property; nor any roadway, path or other access to a
parcel of unsubdivided property that can, without variance, be
subdivided in the City. A roadway or path to subdividable property
in the City shall be a "driveway" subject to this Chapter at such
time as the property on which it is located is subdivided and the
roadway or path continues to be used for the purpose of access to the
property. Any roadway or path to subdividable property must be paved
to a distance of at least twenty feet from the edge of any connecting
curb or roadway surface in order to qualify for this exception.
Section 110 shall be further amended by renumbering the current
Section 110.06, which provides for penalties thereunder, to Section
110. 07, and creating a new Section 110.06 to read as follows:
110. 06 ABATEMENT ASSISTANCE
For the purpose of protecting the health, safety, and welfare of its
citizens and insuring prompt compliance with the provisions of this
section, the City may, in its complete and unreserved discretion,
offer such financial and other assistance as it may find appropriate
and necessary to mitigate financial or other hardship that may be
caused by the enforcement of this Chapter in any particular case,
including, but not limited to, the extension of time ordinarily
required for the abatement of any nuisance or hazard, as well as the
provision of programs providing for financial assistance for the
purpose of abating any particular type of nuisance or hazard in the
City. The refusal or failure of the City to provide any such
assistance in any particular case shall not be a defense for a
violation of this Chapter.
110.07 PENALTIES
Any violation of this Chapter is a misdemeanor and subject to all
penalties provided for such violations under the provisions of
Chapter 901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH
DAY OF JUNE, 1997.
N' ICY J J%•Gr•+'4SO - MAYOR
ATTEST:
/ AIZAIA
WILLIAM A. HAMPA - C Y CLERK
First Reading: July 8, 1996
Second Reading: June 9, 1997
Publication: June 19, 1997