Ordinance No. 1414, Creating Title No. 4 of the Fridley City Code
Ordinance No. 1414
Creating Title No. 4 (Public Nuisance) of the Fridley City Code and the Chapters Contained
Therein
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That the Fridley City Code Chapter 110, Public Nuisance, be hereby amended as follows:
Fridley City Code
Chapter 110.400 Public Nuisance
400.01. Purpose
The Fridley City Council (Council) has determined that health, safety, good order, general welfare and
convenience of the public are threatened by certain public nuisances within the City of Fridley (City).
110.01. Minnesota Statutes by Reference400.02 Adoption of State Law
Minnesota Statutes (M.S.) Sections 609.74 and 609.745 are hereby adopted by reference and be
inhave full force and effect in the City of Fridley as if set out here in full.
110.02. Definitions
For the purpose of this chapter, certain terms and words are defined in Chapter 205, Zoning Code
and or Chapter 101, Animal Control.
110.03. Public Nuisance Defined400.03 Definitions
Hazardous materials: paints, solvents, oil, automotive fluids, and any other hazardous wastes as
defined in M.S. § 116.06.
Owner: person(s) listed as the contact on any current rental licensing application on file with the City,
person(s) listed as owner by the County Assessor on the homestead record or taxpayer(s) as shown
by records of the County Assessor.
Public Nuisance: Whoever, by an act or failure to perform a legal duty, intentionally does any of the
following is guilty of maintaining a public nuisance, which is a misdemeanor:
1. Maintains or permits a condition that unreasonably annoys, injures, or endangers the safety,
health, comfort, or repose of any considerable number of members of the public.
2. Interferes with, obstructs, or renders dangerous for passage, or loiters on any public highway
or right-of-way, or waters used by the public.
3. Causes obstruction or excavation affecting the ordinary use by the public of streets, alleys,
sidewalks, or public grounds, except under such conditions as are permitted by this CodeChapter,
the Rights-of-Way Chapter, or other applicable law.
4. Causes any well hole or similar excavation to be left uncovered or in such other condition as
to constitute a hazard. to any child or other person coming on the premises where it is located;
5. Stores items outdoors including but not limited to machinery, equipment, abandoned, unsafe,
or junk motor vehicles, household furnishings, or materials or abandoned, unsafe, or junk
vehicles, in a manner conducive to the harboring of wild animals;, or tocreating a fire, health, or
safety hazards from such accumulations;, or from promoting the rank growth of vegetation
among the items so accumulated. Items stored outside a building outdoors according to the
applicable zoning ordinance provisions stipulations of an approved special use permit are not a
public nuisance.
6. Deposits or causes placement of hazardous material in a manner that causes those materials
to drain flow into a storm sewer drain, or waterway as defined in Section 105.02.7 of Cityby the
Landscape Maintenance Chapter of the Code or any other unpaved ground surface within the
City. Hazardous material shall include, but not be limited to, paints, solvents, oil, automotive
fluids or any other hazardous wastes as defined in State Statute 116.06, Subd. 11;
7. Is guilty of any other act or omission declared by law to be a public nuisance and for which no
sentence is specifically provided.
110.04. 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, according to the procedures established in Chapter 128
of City Code.
“Driveway”, for the purpose 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.
110.05.400.04 Power of Officers
The City Manager or their designee will be responsible for investigating and determining whether a
public nuisance exists or is being maintained in the City.
When said official determines a public nuisance is being maintained or exists on a property, the City
will issue a written notice to the owner of the property requiring the termination or abatement of the
nuisance conditions within a reasonable timeframe as outlined in the Abatement of Exterior Public
Nuisance Chapter of the Code.
Whenever in the judgment of a City official, designated by the City Manager who will be responsible
for investigating and determining whether a public nuisance exists or is being maintained within the
City., it is found by investigation, that a public nuisance is being maintained or exists on property
within the City, the following procedures shall be followed to abate the nuisance:
1. Written notice shall be issued to the owner requiring the termination or abatement of said nuisance
or to remove such conditions or remedy such defects;
2. Service of said written notice may be hand-delivered to the owner or posted on the property, but
shall also be sent via U.S. mail;
3. If the nuisance involves public right-of-way space, it must be abated or permitted according to the
requirements of the Rights-of-Way chapter of the Chapter 407. If the nuisance poses a public health
or safety risk, City staff may follow emergency abatement procedures to protect public safety or
require that the violation be abated within a reasonable timeframe following notice posted on the
property. Other nuisances must be abated within a reasonable timeframe, according to the
procedures established in the Abatement of Exterior Public Nuisances Chapter 128 of the City Code.
110.06. Abatement and Assessment of Nuisance
If after such service of notice, the owner fails to abate the nuisance or make the necessary repairs,
alterations, or changes as directed by the City official, said official may abate the nuisance and assess
costs according to the procedures established in Chapter 128 of the City Code.
110.07. Permitting Public Nuisance
Whoever permits real property under his or her control to be used to maintain a public nuisance, or
lets the same knowing it will be so used, is guilty of a misdemeanor.
110.08.400.05 Emergency Abatement
If the City official Manager or their designee determines that a public nuisance exists and that the
public health, safety, or welfare may be in immediate danger, the City may implement emergency
abatement procedures to remove or abate the nuisance. When emergency abatement is authorized,
the City shall will post a notice at the property and attempt to notify the owner and any agents of
the owner and any, agent, or occupants of the property. However, notice to the owner, agent, or
occupant of the property is not required prior to emergency abatement. Following emergency
abatement, the City will mail notice of the action taken to the property owner and assess recover
abatement costs according to the procedures established in the Abatement of Exterior Public
Nuisances chapter Chapter 128 of the City Code.
110.09. 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.
110.10. 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
invalid, such holding shall not invalidate any other section, provision or part thereof.
400.06 Non-Exclusiveness
Nothing in this Chapter will be deemed a waiver or limitation of any statutory right or power of the
City as to hazardous buildings, properties, or materials, nor will this Chapter be deemed to otherwise
limit the right or power of the City to conduct other administrative or regulatory searches and
inspections including, but not limited to, health inspections, fire scene inspections, arson inspections,
and regulated business or industry inspections, nor will this Chapter be deemed to be the exclusive
remedy of the City regarding the abatement of public nuisances.
Section 2
That the Fridley City Code Chapter 128 Abatement of Exterior Public Nuisances, be hereby amended
as follows:
Fridley City Code
Chapter 128.401 Abatement of Exterior Public Nuisances
128.01.401.01 Purpose
The Council of the City of Fridley Fridley City Council (Council) has determined that the health, safety,
general welfare, good order, and convenience of the public is threatened by certain exterior public
nuisances on property properties 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.
401.02 Definitions
Owner: person(s) listed as the contact on any current rental licensing application on file with the City,
person(s) listed as owner by the County Assessor on the homestead record or taxpayer(s) as shown
by records of the County Assessor.
128.02.401.03 Application
This Chapter shall apply to the abatement of public nuisances as defined in Chapter 110 of City Code
including, but not limited to solid waste and other materials and equipment stored in a yard or
conditions that are in violation of the Zoning Code or deemed to create an exterior public nuisances
as described in Chapter 110.03, or a vision safety violation as defined in Chapter 205, or deemed to
be a public nuisance by any other section of the City Code.
This Chapter applies to the abatement of public nuisances as defined in the Public Nuisance chapter
of the Fridley City Code (Code) including, but not limited to, solid waste and other materials and
equipment stored in a yard, conditions that are in violation of the zoning-related chapters of the
Code, or any conditions deemed to be a public nuisance in any other section of the Code.
128.03.401.04 Inspection and Investigation
1. Periodic Inspection. The Code Enforcement Officer or other duly authorized agents shall City
Manager or their designee may cause to be inspected inspect all public and private properties
within the City which they believe might contain an exterior public nuisance as defined in this
Code section as often as practicable toin order to determine whether any such conditions exist.
The Code Enforcement Officer or other duly authorized agents shall City Manager or their
designee may also investigate all any reports of exterior public nuisances located within the City
pursuant to the Public Nuisances Chapter of the Code and Minnesota Statute (M.S.) § 609.74.
2. Right of Entry. The Code Enforcement Officer or other duly authorized agents City Manager or
their designee 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 the any
property refuses said inspector(s) right of entry for inspection by the City, the City may seek an
administrative search warrant or other order of the District Court for said purpose of entry and
inspection.
128.04.401.05 Abatement of Exterior Public Nuisances
Upon a determination by the Code Enforcement Officer or other duly authorized agentCity Manager
or their designee that an exterior public nuisance exists on any public or private property within the
City, said official shall will order the exterior public nuisance to be abated in accordance with this
Code sectionChapter.
128.05401.06 Procedure for Removal Abatement of Exterior Public Nuisances
1. The City Manager or their designee will be responsible for investigating the determining
whether a public nuisance exists or is being maintained in the City. When said official determines
a public nuisance is being maintained or exists on a property, procedures outlined in this Chapter
will be followed to abate the nuisance.
2. If the nuisance involves public right-of-way space, it must be abated or permitted according
to the requirements of the Rights-of-Way Chapter of the Code. If the nuisance poses a public
health or safety risk, the City Manager or their designee may follow emergency abatement
procedures to protect public safety or require that the violation be abated within a reasonable
timeframe following notice posted on the property. Other nuisances must be abated within a
reasonable timeframe, according to the procedures established in this Chapter.
1.3. Notice. Whenever When the Code Enforcement Officer or other duly authorized agentCity
Manager or their designee finds with reason able certainty that an exterior public nuisance exists
on any public or private property in the City, said official shall must notify the affected property
owner by hand-delivery or posted notice on the property and mailed notice 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 will set forth the following:
A.(a) The specific nature of the violations and requirements for compliance. Compliance may
be achieved by repair or alteration of the condition(s) in violation. If repair or alteration are
not practical, the item(s) in violation must be removed from the subject property.
B.(b) That the property owner may, within ten (10) 14 business days of the date of the order,
request a hearing before the Appeals Planning Commission.
C.(c) That failure to abate the nuisance or request a hearing within the applicable time
periodtime period will result in summary an abatement action procedures, and the cost of
abatement, including City staff time, will be charged to assessed against the subject property.
Collection will be requested from the property owner or other person served of the charges
when due. Unpaid abatement charges will be assessed against the subject property.
2.4. Hearing
(a) Any property owner who feels aggrieved by has received an order of the Code
Enforcement Officer or other duly authorized agent issued pursuant to this chapter Chapter
may request a hearing before the Planning Commission. Such request shall must be filed in
writing with the office of the Community Development DirectorCity Manager or their
designee within ten (104) days after of the date of service of the notice by the Code
Enforcement Officer or other duly authorized agentorder.
(b) The Community Development Director shall or their designee will notify the Planning
Commission and the property owner of the date, time, and place of the hearing. The
Community Development Director shall will notify the appealing property owner of the
selected public hearing date not less than ten (10) days prior to the date of the hearing. The
hearing shall will be conducted no more than sixty (60) days after the property owner's
request, unless a later date is mutually agreed to by the property owner and the City.
(c) Both the property owner and representatives of the City may appear at the hearing with
counsel and may call witnesses and present relevant and competent evidence.
(d) Within ten (1014) days after of thesuch hearing, the Planning Commission shall will affirm,
repeal, or modify the abatement order of the Code Enforcement Officer or other duly
authorized agent. The Planning Commission order shall will be accompanied by written
findings of fact, and may include a finding of fact as to the absence of value of the materials
deemed to constitute an exterior public nuisance.
(e) Any person aggrieved by the decision of the Planning Commission may appeal that the
decision of the Planning Commission order to the City Council by filing notice of such appeal
with the Community Development Director or their designee within twenty (2014) days of
receivingthe notice of the Planning Commission's decisionorder. At its next available regular
meeting following the filing of a notice of appeal, the Council shall will review the decision
and findings of fact of the Planning Commission and shall will affirm, repeal, or modify that
decision.
(f) If the Council affirms the Planning Commission's decisionorder declaring that an exterior
public nuisance exists, the City shall will abate the exterior public nuisance after twenty (20)
days following the Council's final determination, unless the property owner has remedied the
public nuisance or petitions for a court order to the contrary within said twenty (20) days.
3.5. Disposition Abatement action. When the nuisance is present after the reasonable period of
time established in the Notice has passed and all hearings have concluded, the City will abate the
nuisance. Where practical, compliance will be achieved by repair or alteration of the condition(s)
in violation. If repair or alteration are not practical, the item(s) in violation will be removed from
the subject property.
4.6. Disposal 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 may occur no less thanat least thirty (30) days
after the property is secured, but in any event shall may not occur until the property owner is
deemed to waive administrative appeals or exhausts all administrative appeals. The City shall
may not dispose of property if 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 the thirty (30)
day time period. The City maintains the right to immediately dispose of refuse and/andor junk
materials deemed to be without value. Any junk or abandoned vehicles will be impounded,
stored, and sold pursuant to the process described in M.S. § 168B.
4.7. Assessment. The Code Enforcement Officer or other duly authorized agent shallCity Manager
or their designee must keep a record of the costs of the abatements completed under this
Chapter and shall will provide detailed 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 costs to
be assessed shall will include up to an additional twentyfive percent (25%) to cover any
administrative costs associated with the abatements. The City shall will list the total unpaid
charges for each abatement against each separate lot or parcel to which they are attributable
under this Chapter. The Council may then spread the charges, or any portion of the
charges,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 will be payable in a single installment or by up to ten (10)
equal annual installments as City Council may provide, pursuant to Minnesota Statutes,
SectionM.S. § 429.101, Subdivision subd. 2.
128.06.401.07 Release of Property
To reclaim those any materials that have been removed by the City in a nuisance abatement action,
accordance with 128.05, the owner or lienholder must pay any costs and administrativeion fees
incurred by the City. The owner or lienholder reclaiming the materials shall must sign a “Release of
Property” form and shall must agree not to return the items to any location in the City of Fridley that
creates a new violation of city ordinancesthe Code. If additional removal of the same or similar items
is deemed necessary by the City, an abbreviated but reasonable notice period will be provided before
the removal takes place. All other provisions of thisCity Chapterordinance 128, including the right
to a hearing, will still apply.
401.08 Emergency Abatement
If the City Manager or their designee determines that a public nuisance exists and that the public
health, safety, or welfare may be in immediate danger, the City may implement emergency
abatement procedures to remove or abate the nuisance. When emergency abatement is authorized,
the City must post a notice at the property and attempt to notify the owner, agent, or occupant of
the property. However, notice to the owner, agent, or occupant of the property is not required prior
to abatement. Following emergency abatement, the City will mail notice of the action taken to the
property owner and assess costs according to the procedures established in this Chapter.
128.07. Severability
Every section, provision or part of this Chapter is declared separable severable 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.
128.08.401.09 Non-Exclusiveness
Nothing in this Chapterode section shall will 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 will this Chapter
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
inspections, fire scene inspections, and arson inspections, and regulated business orand industries
industry inspections, nor shall will this ChapterCode section be deemed to be an the exclusive remedy
of the City regarding the abatement of exterior public nuisances.
Section 3
That the Fridley City Code Chapter 126, Houses of Prostitution; Public Nuisance, be hereby amended
as follows:
Fridley City Code
Chapter 126.402 Houses of Prostitution; Public Nuisance
126.01. Statement of Purpose402.01 Purpose
The use or maintenance of buildings and movable property within the City of Fridley (City)for
purposes of to conducting prostitution or prostitution related activities constitutes a threat to the
public health, safety, and welfare. The City of Fridley has an interest in insuring ensuring the lawful
use of property within the community and in protecting its citizens from uses of property which
endanger public health, safety, and welfare. The Fridley City Council (Council)of the City of Fridley
deems it necessary and appropriate to enact procedures to prevent and eliminate the use of buildings
and moveable property within the City of Fridley for purposes ofto conducting conduct prostitution
or prostitution relatedprostitution-related activities.
126.02.402.02 Definitions
The terms used in Sections 126.01 through 126.08 shall have the meaning herein given:
1. Building: Includes any structure suitable for human shelter and the ground itself.A structure
suitable for human shelter, a commercial structure that is maintained for business activities that
involve human occupation, any portion of the structure or the land surrounding the structure.
2. Movable Property: Includes furniture, fixtures and materials.
Property: Includes any building and/or movable property.
3. Materials: Includes books, magazines, pamphlets, papers, writings, cards, advertisements, circulars,
prints, pictures, photographs, motion picture films, plays, images, instruments, statues, drawings, and
videos.
4. Prostitution and Prostitution Related Offenses: Includes theThe conduct defined in Minnesota
Statutes, Sections (M.S.) §§ 609.321 through 609.324.
126.03.402.03 Acts Constituting a Nuisance
1. Any building or portion thereof and any movable property used or maintained for the purpose,
of committing acts of prostitution or prostitution related offenses shall constitute reasonable
cause that ato declare the existence of a public nuisance at said property exists.
2. A rebuttable presumption as to the existence of a public nuisance shall may exist upon proof
of three (3) or more misdemeanor convictions or two (2) or more gross misdemeanors or felony
convictions within the previous two (2) years for acts of prostitution or prostitution related
offenses arising out of conduct committed within or upon such propertybuilding or portion
thereof.
3. Any building or portion thereof and all movable property used in conducting or maintaining a
public nuisance shall be enjoined and abated as provided for in Sections 126.05 through
126.08.this Chapter.
126.04.402.04 Notice
Notice of any convictions described in Section 126.03 of, this Chapter shall will be sent by United
States mail to the owner of record, all other interested persons or parties of record, the, occupant(s)
of such building property or portion thereof and shall will be filed with the County Recorder or
Registrar of Titles's Office when permitted by law. Such notice shall will be deemed sufficient as notice
to all interested persons, including persons or parties not of record or unknown, that the
buildingproperty, or a portion thereof is being used for purposes constituting a public nuisance.
126.05.402.05 Injunctive Remedies
1. Whenever the County Attorney, City Attorney, Public Official or resident of the City has
reasonable cause to believe that any person within the City is violating Section 126.03this
Chapter, they he or she may, by verified petition, seek a temporary injunction in district court in
Anoka County. No Prior to the issuance of a temporary restraining order or preliminary
injunction, shall be issued without the City must schedule a a prior show cause notice of hearing
to ensure the respondents have an opportunity to be heard. Personal service of the show cause
order and of the petition made as in the civil actions on the named respondents, or, toupon any
of their employees or agents found within the State, is required for shall constitute sufficient
notice. Such show cause order for hearing may be returnable on the third day from the date of
service, as to a respondent who is present in this State, and on the fifth day as to a person not a
resident or not found within this State.In-state respondents must reply to the notice of hearing
within three days of receipt informing the City of their intent to be present at the hearing. Out of
state respondents must reply to the same notice within five days or receipt.
2. Any temporary restraining order or temporary injunction granted shall will be binding on the
owner and all, other, persons or parties, known or unknown, claiming any right, title, estate, lien
or other interest in the building property or portion thereof used or maintained for purposes
constituting a public nuisance.
126.06.402.06 Trial, Order and Abatement
1. Pursuant to the Rules of Civil Procedure, the court may also order the a trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a temporary
injunction. Proof of any of the circumstances enumerated in Section 126.03.2 shallthis Chapter
will create a rebuttable presumption as to the existence of a public nuisance and the court shall
order the abatement of the nuisance.
2. The court is authorized to order thathe removal from the building or portion thereof of all
movable property used in conducting or maintaining such nuisance be removed from the
property, and may direct the sale of such moveable property, as belongs to the defendants who
were notified or appeared and shall direct the closing of the building property or portion thereof
for a period of one (1) year, except as to such for use requested by a person appointed by the
court as receiver of such the building or portionproperty thereof and as such use is further
approved by the court. All remedies providing for the seizure of property for the purpose of
securing satisfaction of a judgment shall be available under the circumstances and in the manner
provided by the law of the State. All costs of receivership shall must be paid out of the receipts
from the sale of the property or rents collected.
3. Where the building or portion thereofproperty is a nonconforming use for municipal zoning
purposes, the abatement shall will constitute a discontinuance of such use and, thereafter, the
use of the building or the portion thereof abated property must conform to the use permitted in
the zoning district in which it is located. Additionally, if the abatement of a portion of the building
property results in a reduction of the degree of the building's property's nonconformity, the
degree of nonconformity may not be thereafter returned to its original status.
4. This Section does not limit the destruction of any materials pursuant to Minnesota Statutes,
SectionM.S. § 617.27.
126.07. Contempt
Whoever violates a restraining order, temporary injunction or abatement order granted under
Sections 126.03 through 126.08 may be adjudged in contempt of court and punished accordingly. In
addition, if any defendant fails to perform an ordered act, the court may direct the act to be done in
accordance with Rule 70 of the Rules of Civil Procedure.
126.08. Parties to Action
Before any abatement order shall be enforced against the building or the portion thereof abated, the
owner thereof shall be served with a summons in accordance with Rule 4 of the Rules of Civil
Procedure. The person in whose name the building or affected portion thereof is recorded with the
County Auditor for purposes of taxation shall be presumed the owner. In case of unknown persons
having or claiming any ownership, right, title or interest in the property, they may be made parties
to the action by designating them in the summons and complaint as "all other persons unknown
claiming any ownership, right, title or interest in the property affected by the action" and service
thereon made in the manner prescribed in Rule 4.04 of the Rules of Civil Procedure.
Section 4
That the Fridley City Code Chapter 130, Clandestine Drug Lab and Chemical Dump Sites, be hereby
amended as follows:
Fridley City Code
Chapter 130.403 Clandestine Drug Lab and Chemical Dump Sites
130.01. General Provisions.403.01 Purpose
1. Purpose and Intent. The purpose of this ChapterOrdinance is to reduce public exposure to
health risks where law enforcement officers or fire officials have determined that hazardous chemicals
from a suspected clandestine drug lab site or associated dump site may exist. The Fridley City Council
(Council) finds that such sites may contain suspected chemicals and residues that place people,
particularly children or adults of child bearing age, at risk when exposed through inhabiting or
visiting the site, now and in the future.
Based upon on professional reports, assessments, testing, and investigations, the City Council finds
that such hazardous chemicals can condense, penetrate, and contaminate on the land, surfaces,
furnishings, buildings, and equipment in or near structures or other locations where clandestine drug
labs or associated dumpsuch sites exist. The Council finds that these conditions present potential
health and safety risks to residents, occupants, and visitors who may be exposed to said conditions
via through fire, explosion, skin and respiratory exposurecontact, orand other related methods of
exposuredangers. The Council further finds that such sites present health and safety risks to occupied
residences, buildings, and structures, and to the general housing stock of the community.
2. XXX.02 Interpretation and Application. 403.02 Application
1. In their interpretation and application, the provisions of this Chapter Ordinance shall must be
construed to protect the public health, safety, and welfare.
2. Where the conditions imposed by any provision of this ChapterOrdinance are either more or
less restrictive than comparable provisions imposed by any other law, ordinance, statute, or
regulation of any kind, the regulations which are more restrictive or which impose higher
standards or requirements shall will prevailpreempt the less restrictive regulations.
3. Should any court of competent jurisdiction declare any section or subpart of this
ChapterOrdinance to be invalid, such decision shall does not affect the validity of this Chapterhe
Ordinance as a whole or any part thereof, other than the provision declared invalid.
3. Fees. Fees for the administration of this Chapter Ordinance are set forth in the City’s fee
schedule may be established and amended periodically by ordinance of the City Council.
4. Definitions For the purpose of this ChapterOrdinanceOrdinance, the following terms or
words shall be interpreted as follows:
403.03 Definitions
Building Official: shall mean theThe City of Fridley’s (City) Chief Building Official or his/hertheir
designee.
Child: shall mean anyAny person less than 18 years of age.
Chemical dumpsite: shall mean anyAny place or area where chemicals or other waste materials used
in a clandestine drug lab has been located.
City shall mean the City of Fridley.
Clandestine drug lab: shall mean theThe unlawful manufacturemanufacturing of, or attempt to
manufacture, any controlled substances.
Clandestine drug lab site: shall mean anyAny place or area where law enforcement or fire officials
have determined that conditions associated with the operation of an unlawful clandestine drug lab
exist. A clandestine drug lab site may include motor vehicles, trailers, boats or other movable
property, dwellings, accessory buildings, accessory structures, commercial structures, multi-family
structures, or a chemical dump site on any land.
Controlled substance: shall mean aA drug, substance, or immediate precursor in Schedules I through
V of Minn. Stat.Minnesota Statute (M.S.) § 152.02. The term shall does not include distilled spirits,
wine, malt beverages, intoxicating liquors, or tobacco..
Environmental testing and cleaning firm or contractor: shall mean aA business or individual with
established competence as designated by the State of Minnesota Department of Health specific to
the environmental task being performed.
Fire Marshal: shall mean tThe City of Fridley’s Fire Marshal or theirhis/her designee.
Hazardous wastes: shall mean wWaste generated, including equipment, from a clandestine drug lab.
Such wastes shall must be treated, stored, transported, or disposed of in a manner consistent with
the Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health
Department rules and regulations.
Manufacture:, in places other than a pharmacy, shall mean and include the The unlawful production,
cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical
means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process,
of drugscontrolled substances.
Minnesota Department of Health guidelines Guidelines: shall mean theThe most current version of
standards or guidelines, including but not limited to "Clandestine Drug Labs General Cleanup
GuidelinesGuidance”, as promulgated by the State of Minnesota Department of Health for the testing
or remediation of clandestine drug labs or chemical dump sites.; and which Said standards or
guidelines are hereby incorporated by reference and made a part of this ChapterOrdinance.
Owner: shall mean any Any person, firm, or corporation who owns, in whole or in part, the land,
buildings, structures, motor vehicles, trailers, boats or other movable property associated with a
clandestine drug lab site or chemical dumpsite.
Public health nuisance. All dwellings, accessory structures and buildings or adjacent property
associated with a clandestine drug lab site are potentially unsafe due to health hazards and are
considered a public health nuisance pursuant to Minn. Stat. §463.15, et seq.; § 412.221, et seq.; and
145A.O1, et seq.
130.02. 403.04 Administration
1. Law Enforcement or Fire Department Notice to Other Authorities. Law enforcement authorities
or Fire Department officials Building Officials or Fire Marshals that who identify conditions
associated with a clandestine drug lab site or a chemical dump site that places neighbors, visiting
public, or present and future occupants of the site at riskcreates a risk of for exposure to harmful
contaminants and other associated conditionshazardous chemicals, must promptly notify the
appropriate municipal, child protection, and public health authorities of the property conditions,
location, and identity of the property owner if known., and conditions found.
2. Declaration of Property as a Public Health Nuisance. If law enforcement or fire officials
determine the existence of a clandestine drug lab site or chemical dumpsite, the property sha1l
be declared a public health nuisance. All dwellings, accessory structures and buildings or adjacent
property associated with a clandestine drug lab site are potentially unsafe due to health hazards
and are considered a public health nuisance pursuant to M.S. § 463.15 and M.S. § 145A.01.
3. Notice of Public Health Nuisance to Concerned Parties. Upon notification by law enforcement
or Fire Department authorities, the Building a Public Official or Fire Marshal shall who must
promptly issue a Declaration of Public Health Nuisance for the affected property and prominently
post a copy of the Declaration at all entrances to the dwelling, property or site. The Building
Official or Fire Marshal issuing said Declaration shall must also notify the owner of the property
by mail and notify the following parties via U.S. Mail:
(a) All owners of the property (if known);
A.(b) Occupants of the property (if known);
B.(c) Neighbors at potential risk;
C.(d) The Fridley Police Department, Fridley Fire Department,Fridley Public Safety Department,
Anoka County Community Health and Environmental Services; and
D.(e) Other state and local authorities, such as Minnesota Pollution Control Agency (MPCA)
and Minnesota Department of Health, which are known to have public and environmental
protection responsibilities that are applicable to the situation.
E.(f) The Building Official or Fire Marshal issuing said Declaration may notify any financial
institution with an interest of record of the Declaration of Public Health Nuisance and shall
may notify such financial institution should the property owner fail to arrange for timely and
appropriate assessment and clean up.
F.(g) The Building Official or Fire Marshal issuing said Declaration may notify the insurance
company with a policy known to be applicable to thethat insures the subject property and
shall may notify such insurance company should the property owner fail to arrange for timely
and appropriate assessment and clean up.
G.(h) The Building Official or Fire Marshal issuing said Declaration may cause afile a certified
copy of the Declaration of Public Heath Nuisance to be filed with the Office of the Anoka
County Recorder or Registrar of Titles. Upon abatement of the nuisance as required herein,
the Building Official or Fire Marshal issuing said Declaration shall must cause record a notice
of successful abatement or removal of Declaration of Public Health Nuisance to be so
recorded.
4. Property Owner's Responsibility to Act - Order for Abatement. The Building Official or Fire
Marshal shall must also issue an order to the property owner to abate the public health nuisance
which will , including include the following conditions:
A.(a) That the owner, tenant, occupants, or other persons in possession of residing at or
otherwise occupying the premises shall must immediately vacate those any portions of the
property, including building and structure interiors, or dump site, which that may place
themsuch persons at risk. No person shall may reside in or occupy any premises or property
subject to an order for abatement under this Chapter until such time as the Building Official
or Fire Marshal has determined that the contamination has been reduced to an acceptable
levelhazard has been abated and that the cleaning of hazardous waste was conducted in
accordance with Minnesota Department of Health guidelines.
B.(b) Promptly That the owner or occupant must promptly contract with appropriate an
environmental testing and cleaning firms to conduct an on-site assessment, complete clean-
up, and remediation testing, and follow-up testing., and determine that the property risks are
sufficiently reduced in accordance with Minnesota Department of Health guidelines. The
property owner shall must notify the City of actions taken and reach an agreement with the
City on the clean-up schedule. The City shall may consider practical limitations and the
availability of environmental or other contractors in approving the schedule for clean-up. The
property owners must receive a determination from the cleaning firm or contractor stating
that the risks created by the property are sufficiently reduced in accordance with Minnesota
Department of Health guidelines.
C.(c) That the owner or occupant must Provide provide written documentation of the clean-
up process, including a signed, written statement that the contamination has been reduced
to an acceptable level and that the clean-up was conducted in accordance with Minnesota
Department of Health guidelines.
5. Property Owner's Responsibility for Costs. The property owner shall will be responsible for all
costs of assessment, testing, abatement. or clean-up of the site, including contractor's’ fees and
public costs for services that were performed in association with a clandestine drug lab site or
chemical dump site clean-up. The Building Official or Fire Marshal shall must prepare and provide
to the property owner a Statement of Itemized Public Costs and send it to the property owner
which shall will be due and payable upon receipt. Public costs may include, but are not limited
to:
A.(a) Posting of the site;
B.(b) Notification of affected parties;
C.(c) Expenses related to the recovery of costs, including the assessment process;
D.(d) Laboratory fees;
E.(e) Clean-up services, including septic systems;
F.(f) Administrative fees;
G.(g) Emergency response costs;
H.(h) Other associated costs; and
I.(i) Any legal costs including attorney fees related to the nuisance abatement.
6. Recovery of Public Costs
A.(a) If, after service of notification of the Declaration of Public Health Nuisance, the property
owner fails to arrange appropriate assessment and clean-up, the Building Official or Fire
Marshal is authorized to proceed in a prompt manner to initiate the on-site assessment and
clean-up.
B.(b) If the City is unable to locate the property owner within ten (10) days of the Declaration
of Public Health Nuisance, the City is authorized to proceed in a prompt manner to initiate
the on-site assessment and clean-up.
C.(c) The City may abate the nuisance by removing the hazardous structure or building, or
otherwise, according to Minnesota StatutesM.S. Chapter 463. In cases involving motor
vehicles, recreational vehicles, trailers, boats, or other movable property, the City may abate
the nuisance by disposal of the property.
D.(d) If the City abates the public health nuisance, or otherwise incurs public costs, in addition
to any other legal remedy, the City shall beis entitled to recover all public costs. The City may
recover costs by civil action against the person or persons who own the property, or by
assessing such costs as a special tax against the property in the manner as taxes and special
assessments are certified and collected pursuant to Minn. Stat.M.S. § 429.101.
E.(e) Nothing herein shall limitlimits the authority of the City to enforce this Chapterordinance
or seek any other legal remedy to abate the nuisance through declaratory action, injunction,
nuisance declaration, or otherwise.
7. Authority to Modify or Remove Declaration of Public Health Nuisance.
A.(a) The Building Official or Fire Marshal is authorized to modify the Declaration conditions
or remove the Declaration of Public Health Nuisance.
B.(b) Such modifications or removal of the Declaration shall may only occur after
documentation from a qualified environmental or cleaning firm stating that the health and
safety risks posed by the property , including those to neighbors and potential dwelling
occupants, are sufficiently abated or corrected in accordance with Minnesota Department of
Health guidelines.
130.03.403.05 City Council Review
The owner of the property or any party with a legal interest in the property who has been issued a
Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs may
appeal the Declaration of Public Health Nuisance, the Order for Abatement or the Statement of Public
Costs to the City Council. The appeal shall must be in writing, filed with the City Clerk and Anoka
County Community Health and Environmental Services, and must specifying the grounds for the
appeal and the relief requested. The appeal must be filed within 10ten days of the issuance of the
item from which appeal is taken. The City Council shall will hear the appeal at the next available City
Council meeting. Upon review, the City Council may affirm, modify, or reverse the action taken. The
filing of an appeal shall may suspend the terms of the Declaration of Public Health Nuisance, Order
for Abatement, or Statement of Public Costs, whichever is applicable. However, in the instance of an
appeal from an Order for Abatement, the appeal shall may not suspend that part of the order
prohibiting occupancy of the property.
130.04. Violations and Penalties.
Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction
shall be subject to the penalties set forth in Minn. Stat. § 609.02, Subd. 3.
403.06 Fees
Fees for the administration of this Chapter are set forth in the Fees chapter of the Code.
Section 5
That the Fridley City Code Chapter 114, Abandoned Junk or Unsafe Motor Vehicles, be hereby
amended as follows:
Fridley City Code
Chapter 114.404 Abandoned Junk or Unsafe Motor Vehicles
114.01.404.01 Purpose
Abandoned or junk and unsafe motor vehicles constitute a hazard to the health and welfare of the
residents of the community. in that such Abandoned or junk vehicles can harbor noxious diseases,
furnish serve as shelter and breeding places for vermin, may contain fluids that can cause significant
health risks, and otherwise present physical dangers to the safety and well beingwell-being of
children and other citizens. Motor vehicles contain fluids that if released into the environment can
and do cause significant health risks to the community. The condition of vehicles that are junked
and abandoned, junk or unsafe significantly increase the likelihood that these dangerous fluids might
be so released.
Abandoned, or junk or unsafe motor vehicles and other scrap metals also constitute a blight on the
landscape of the Ccity and therefore are detrimental to the environment. The abandonment and
retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful
metal. It is therefore in the public interest that the present accumulation of abandoned or junk junk,
or unsafe motor vehicles and other scrap metals be eliminated, that future abandonment of motor
vehicles and other scrap metals be prevented, and that other acceptable and economically useful
methods for the disposal of abandoned or junk or unsafe motor vehicles and other forms of scrap
metal be utilized.
114.02.404.02 Definitions
1. Abandoned Motor Vehicle: A motor vehicle that has remained illegallyoutdoors on public property
within the City for a period of more than 48 hours on public property illegally or , or has remained
for a period of more than four hours48 hours on private property without consent of the person in
control of thesuch property and, or lacks vital component parts or is in an inoperable condition such
that it has no substantial potential for further use consistent with its usual functions, unless it is kept
in an enclosed garage or storage building. in an inoperable condition such that it has no substantial
potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or
storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City
or a duly authorized agent of the City. A classic car or pioneer car, as defined by Minnesota Statutes
(M.S.) § 168.10in Minnesota Statutes, isshall not be considered an abandoned motor vehicle within
the meaning of this Section. Vehicles on the premises of junk yards and automobile graveyards that
are defined, maintained, and licensed in accordance with M.S. § 161.242, or that are licensed and
maintained in accordance with local laws and zoning regulations, are not considered abandoned
vehicles. A vehicle being held for storage by agreement or being held under police authority or
pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned
while the police hold, writ, or court order is in effect.
Garagekeeper: An operator of a parking place or establishment, an operator of a motor vehicle
storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor
vehicles.
2. Unsafe Motor Vehicle.
Any vehicle located outdoors on property within the city in which any systems, including braking,
steering, suspension, electrical, lighting, motor, or drive train system are not functioning or a vehicle
that cannot legally be driven or is in violation of any state, federal or local vehicle equipment or safety
regulation including, but not limited, to Minnesota statutes.
3. Junk Motor Vehicle
A motor vehicle that is located outdoors on property in the city that meets allany of the following
criteria shall be defined as a junk vehicle:
a. Any motor vehicle that is not in operable condition.
b. Any motor vehicle that is partially dismantled.
c. Any motor vehicle that is a source of repair or replacement parts for other vehicles.
d. Any motor vehicle that lacks vital component parts.
e. Any motor vehicle that is not currently registered and properly licensed for operation with and
by the State of Minnesota.
Junk Vehicle: A vehicle that meets all of the following criteria:
1. Is extensively damaged with the damage including such things as broken or missing wheels,
motor, drive train, transmission or appears to be otherwise inoperable; and
2. Does not have a valid and current registration plate.
4. Vital Component Parts.
Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle,
including, but not limited to, the motor, drive train and wheels.
Motor Vehicle: Every device in, upon, or by which any person or property is or may be transported
or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks including
automobiles, trucks, trailers, motorcycles, and tractors.
5. Motor Vehicle Definition
A machine propelled by power other than human power, designed to travel along the ground by use
of wheels, treads, runners or slides and transports persons or property or pulls machinery and shall
include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, 3-wheelers, 4-wheelers
and snowmobiles.
114.03.404.03 ImpoundmentABATEMENT
The City, or its duly authorized agent, may take into custody and impound any abandoned or junk
or unsafe motor vehicle.
A vehicle may be impounded after notice of such proposed impoundment (in a form similar to that
set forth herein) has been securely attached to and conspicuously displayed on the vehicle for a
period of five days prior to such impoundment excluding Saturdays, Sundays and city holidays for
the following reasons:
A. When such vehicle is parked and/or used in violation of any law, ordinance or
regulation; or
B. When such vehicle is abandoned, junk or unsafe.
114.04.404.04 Vehicles Immediately Subject to Public Sale Sale of Abandoned or Junk Vehicles
An impounded abandoned or junk vehicle is eligible for disposal or sale 15 days after notice to the
owner. This includes junk vehicles that have a valid, current registration plate.When an abandoned
motor vehicle is more than seven (7) model years of age, lacks vital component parts and does not
display a license plate currently valid in Minnesota or in any other state or foreign country, it shall
immediately be eligible for sale by a duly authorized agent of the City or at public auction and shall
not be subject to the notification or reclamation procedures established by this Chapter. (Ref 1236)
114.05.404.05 NOTICE Notice of Sale
1. When an abandoned an abandoned motor vehicle does not fall within the provisions of Section
114.04, the City shall give notice of the taking within ten (10) days. The notice shall set forth the
date and place of the taking, the year, make, model and serial, number of the abandoned, junk
or unsafe motor vehicle and the place where the vehicle is being held, shall inform the owner and
any lienholders of their right to reclaim the vehicle under Section 114.06 and shall state that
failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed
a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the
vehicle at a public auction pursuant to Section 114.07.
2. The notice shall be sent by mail to the registered owner, if any, of the abandoned, junk or
unsafe motor vehicle and to all readily identifiable lienholders of record. The notice shall be
mailed to the registered owner at the address provided by the motor vehicle division of the
Minnesota Department of Public Safety or the corresponding agency of any other state or
province. A copy of such notice may be sent to the property owner where the vehicle is found.
If the person mailing the notice has reason to believe that the registered owner of the vehicle, or
one who claims to be the registered owner of the vehicle, is residing or in custody at some
different address, a copy of the notice shall be mailed or personally delivered to such owner or
claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or
her. If it is impossible to determine with reasonable certainty the identity and address of the
registered owner and all lienholders, the notice shall be published once in a newspaper of general
circulation in the area where the motor vehicle was abandoned junk or unsafe. Published notices
may be grouped together for convenience and economy.
1. When an abandoned or junk vehicle is taken into custody, the City must give written notice of
the taking within five business days, to the registered vehicle owner and any lienholders. The
notice must set forth the date and place of the taking, the year, make, model and serial number
of impounded vehicle (if such information can be reasonably obtained), and the place where the
vehicle is being held. The notice must further inform the owner and any lienholders of their right
to reclaim the vehicle under this Chapter, and state that failure of the owner or lienholders to
exercise their right to reclaim the vehicle will be deemed a waiver by them of all right, title, and
interest in the contents and a consent to the sale of the vehicle at a public auction pursuant to
this Chapter. The notice must also state that a vehicle owner who provides to the impound lot
operator documents from a government or nonprofit agency or legal aid office that the owner is
homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered
right to retrieve any and all contents without charge. “Contents” does not include any
permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or
automobile accessories, including audio or video players.
2. The notice will be sent by mail to the registered owner, if any, of the impounded vehicle and
to all readily identifiable lienholders of record. The notice shall be mailed to the registered owner
at the address provided by the motor vehicle division of the Minnesota Department of Public
Safety or the corresponding agency of any other state or province. If the person mailing the
notice has reason to believe that the registered owner of the vehicle, or any person who claims
to be the registered owner of the vehicle, is at a different address, a copy of the notice shall be
mailed or personally delivered to the owner or claimant so as to give them actual notice of the
sale. If it is impossible to determine, with reasonable certainty, the identity and address of the
registered owner or any lienholders, the notice shall be published once in a newspaper of general
circulation in the area where the motor vehicle was towed from or abandoned. Published notices
may be grouped together for convenience and economy.
114.06.404.06 Reclaim
1. The owner or any lienholder of an abandoned, or junk or unsafe motor vehicle shall will have
a right to reclaim such vehicle from the City upon payment of all towing and storage charges
resulting from taking the vehicle into custody within fifteen (15) days after the date of the notice
required by Section 114.05this Chapter.
2. Nothing in this Chapter shall may be construed to impair any lien of a garagekeeper under the
laws of this State, or the right of a lienholder to foreclose. For the purposes of this Section,
"garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle
storage facility, or an operator of an establishment for the servicing, repair or maintenance of
motor vehicles.
3. To reclaim a motor vehicle impounded pursuant to this ordinance, the owner or lienholder
must pay any costs and administrative fees incurred by the city, and must agree to relocate the
vehicle in accordance with local state and federal regulations. The owner or lienholder reclaiming
such vehicle shall sign a “Release of Property” and shall agree to immediate impoundment
without notice if such vehicle again violates this section. In addition, the City may require a bond
to be posted if said vehicle has been subject to a prior impoundment.
114.07404.07 HearingAppeals
Any property owner who feels aggrieved by an impoundment of a vehicle under 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 City 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 City or other duly authorized agent.
Notice of the decision shall be mailed to the owner at the address given in the hearing request.
The Hearing Examiner’s order shall be accompanied by written findings of fact, and may include
a finding of fact as to the violation of this chapter. 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 the mailing 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 a violation of this chapter exists, the City shall proceed to sell the vehicles 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. (Ref Ord 1236)
1. Any person contesting a citation or decision associated with violations of this Chapter may file
an appeal pursuant to the Appeals and Administrative Citations chapter of the Code.
2. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or
modify that decision.
114.08.404.08 Public Sale
1. An abandoned, or junk or unsafe motor vehicle taken into custody and not reclaimed under
Section 114.06this Chapter becomes the property of the duly authorized agent of the City or
shalland may be sold by the City to the highest bidder at public auction or sale, following notice
published a reasonable time in advance. The purchaser of the vehicle shall must be given a
receipt in a form prescribed by the registrar of motor vehiclesCity, which shall will be sufficient
title to dispose of the vehicle. The receipt shall may also entitle the purchaser of the vehicle to
register the vehicle and receive a certificate of title, free and clear of all liens and claims of
ownership. Before a vehicle is issued a new certificate of title, it must receive a motor vehicle
safety check.
2. Disposing of unsold vehicles. Abandoned vehicles Vehicles not sold pursuant to subdivision 1
this Section shall must be disposed of in accordance with Minnesota StatutesM.S. § 168B.09.
3. Disposition of sale proceeds. From the proceeds of the sale under this section of the
abandoned motor vehicles, the City shall will reimburse itself for the cost of towing, preserving,
and storing the anythe vehicles and all administrative, notice and publication costs incurred in
handling the vehicle pursuant to sections 114.01 to 114.09. The City may retain all proceeds from
the sale of any personal belongings and contents in the vehicle that were not claimed by the
owner or the owner’s agent before the sale, except that any suspected contraband or other items
that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate
law enforcement agency. Any remainder from the proceeds of a sale shall must be held for the
owner of the vehicle or entitled lienholder for 90 days and then shall must be deposited with the
Cityin the treasury of the unit of government.
114.09.404.09 Disposal Authority
1. Units of government. The city City may contract with others or and may utilize its own
equipment and personnel for the inventory of impoundedabandoned motor vehicles and
abandoned scrap metal, and if no bids are received, may utilize its own equipment and personnel for
the collection, storage and transportation of these abandoned motor vehicles and abandoned scrap
metal; provided, however, that the Citya unit of government may utilize its own equipment and
personnel for the collection and storage of not more than five abandoned motor vehicles without
advertising for or receiving bids in any 120 day period.
114.10. Penalties
Any person who abandons a motor vehicle on any public or private property, without the consent of
the person in control of such property, or is otherwise in violation of this Chapter, is guilty of a
misdemeanor and is subject to all penalties provided for such violations in Chapter 901 of this Code.
404.10 Vehicle Towing
1. All persons who tow or otherwise transport vehicles into, from, or through the City of Fridley (City),
or who are under contract with the City to tow or transport vehicles, must not tow or otherwise
transport a vehicle without taking reasonable steps to prevent or minimize the loss of parts or leaking
of fluid from the vehicle, in accordance with safety concerns of both the public and the person
transporting or towing the vehicle.
2. If fluids from the vehicle have leaked prior to towing or transporting the vehicle, or a leak from the
vehicle occurs during towing or transportation, reasonable steps must promptly be taken by the
person towing or transporting the vehicle to clean up and otherwise contain and remove the leaked
fluids.
3. Persons who store vehicles towed or transported under this Chapter must comply with all
environmental laws and regulations governing the leakage of motor vehicle fluids once the vehicle
reaches the towing or transportation destination.
4. Any person removing a wrecked or damaged vehicle from a highway, road, alley, or street must
also remove any glass, fluids, vehicle pieces, or other injurious substances from the highway, road,
alley, or street.
Section 6
That the Fridley City Code Chapter 124, Noise, be hereby amended as follows:
Fridley City Code
Chapter 124.405 Noise
124.01.405.01 Purpose
The Fridley City Council (Council) of the City of Fridley deems that certain levels and amounts of noise
are detrimental to the health, safety, and general welfare of the public.
124.02.405.02 Definitions
1. Air Circulation Device: A mechanism designed and used for the to controlled the flow of air used
in ventilating, cooling, or conditioning systems including, but not limited to, central and window air
conditioning units.
2. City: A noise control officer, peace officer, or any other duly appointed representative of the City
as designated by the City Manager.
3. Decibel: A unit of sound pressure level, abbreviated dBA.
4. dBA: A unit of sound level. dBA is the weighted pound pressure level by the use of the A metering
characteristic and weighting as specified in ANS1 Specification for Sound Level Meters, SL4-1971,
which is hereby incorporated by reference. For the purpose of those regulations, dBA is used as a
measure of human response to sound.
5. Exhaust System: A combination of components that provides for enclosed flow of exhaust gas from
engine parts to the atmosphere.
Engine Retarding Break: A Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar Brake,
transmission brake or other similar engine retarding brake system which alters the normal
compression of the engine and subsequently releases that compression.
L
6. 10: The sound level, expressed in decibels (dBA), which is exceeded ten percent (10%) of the time
for a one (1) hour period, as measured by a sound level meter having characteristics as specified in
the latest standards, 1.4. of the American National Standards Institute, and using test procedures
approved by the City of Fridley (City).
L
7. 50: The sound level similarly expressed and measured that is exceeded fifty
percent (50%) of the time for a one (1) hour period.
8. Noise: Any excessive and unnecessary sound not occurring in a natural environment including, but
not limited to, sounds emanating from aircrafts and highways, and industrial, commercial, and
residential sources.
9. Person: An individual, firm, partnership, corporation, trustee, association, the state and its agencies
and subdivisions, or any body of persons whether incorporated or not. With respect to acts
prohibited or required herein, "person" shall will include employees and licensees.
10. Sound: An oscillation in pressure, stress, particle displacement, particle velocity, etc., in an elastic
or partially elastic medium, or the superposition of such propagated alterations.
11. Sound Pressure Level (SPL): 20 times the logarithm to the base 10 of the ratio of the pressure of
a sound, p, to the reference pressure, pr. For the purposes of these regulationsthis Chapter, the
2
reference pressure shall be 20 micronewtons per square meter (20 u N/m ). In equation form, Sound
Pressure Level in units of decibels is expressed as SPL (dB) = 20 log 10p/Pr.
12. Sound Receiving Unit: A person, activity, animal life, or property that is affected by noise.
124.03.405.03 Receiving Land Use Standards
1. The sound level requirements of this Section shall apply at the property lineor zoning lines of
the sound receiving unit. Measurements may be made at any location on the property for
evaluation purposes and to aid in the enforcement of other sections of this Chapter.
2. The sound levels as stated below shall be the highest sound levels permitted in each of the
zoning districts as defined in zoning chapters of the Fridley City Code (Code)Chapter 205 of the
Fridley Code.
Day Night
(7 a.m. - 9 p.m.) (9 p.m. - 7 a.m.)
Zoning Districts L50 L10 L50 L10
Residential, Public 60 65 50 55
and Commercial
Planned Unit 65 70 65 70
Development
Industrial 75 80 75 80
3. Sound levels resulting from cumulative travel of motor vehicles on State and County highways
and railroads are exempt from these Receiving Land Use Standards, but are not exempt from
other relevant sections of this Chapter relating to motor vehicles and railroads. This ordinance
Chapter does not exempt individual motor vehicles from applicable any and all federal, state, or
local regulations. It is the intent of the City to reduce highway noise in the various land areas
surrounding highways to, or below, the requirements of this Section when and wherever possible.
124.04.405.04 Motor Vehicles Noise Limits
No person shall may operate a motor vehicle in the City in violation of the motor vehicle noise rules
limits adopted byof the Minnesota Pollution Control Agency. (Minnesota Statutes Section 169.693).
124.05. Central Air Conditioning Equipment
No person shall permanently install or place any central air conditioning device, except a window air
conditioning unit, in any front or side yard without a permit from the City. Window air conditioning
units are exempt from the provisions of this Section, except that the noise produced by such window
units, as well as by all existing air circulation devices, shall not be in violation of Section 124.03 of
this Chapter.
124.06.405.05 Operational Limits
1. Recreational Motor Vehicles. Recreational motor vehicles shall beare subject to Minnesota
Statutes Section 84.90 and Chapter 703,the Snowmobile Regulations Chapter of the City Code.
2. Outdoor Power Implements. No person shall may operate any outdoor power implement
including, but not limited to, gasoline or electric lawn mowers, hedge clippers, chain saws,
mulchers, garden tillers, edgers, leaf blowers, or such otherany other implements designed
primarily for outdoor use, at any time other than between the hours ofbefore 7:00 a.m. and after
9:00 p.m. on weekdays and before 9:00 a.m. and after 9:00 p.m. on weekends and national legal
holidays. Snow removal equipment is exempted from this provision.
3. Construction Activities. Construction work hours shall beare subject to Chapter 206the Building
Code chapter of the City codeCode.
4. Refuse Hauling. Refuse hauling hours shall beare subject to Section 113.10the Solid Waste
Management Chapter of the City Code.
124.07.405.06 Public Nuisance Noises Prohibited
It shall be is unlawful for any person to make, or cause to be made, any distinctly and loudly audible
noise that unreasonably annoys, disturbs, injures, or endangers the health, safety, and general
welfare of any persons, or precludes their enjoyment of property, or affects their property's value.
The following acts, among others, are declared to be nuisance noises in violation of this Chapter, but
said listenumeration shall not be deemed to beis not exclusive.
1. Horns and Audible Signaling Devices. No person shall sound any horn or signaling device on
any vehicle except as a warning of danger in accordance with (Minnesota Statutes (M.S.) §Section
169.68).
2. Radios and, or other Sound Amplification Devices.
A.(a) No person shall use, operate, or permit the use or operation of any radio receiving set,
musical instrument, phonograph, paging system, machine or other device for the production
or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace,
quiet and comfort of any persons nearby.No person may use, operate or permit the use or
operation of any radio or other sound amplification device in a manner that disturbs the
peace, quiet and comfort of any persons nearby.
B.(b) No person may operate, or park, stop or leave standing a motor vehicle while using a
radio or other electronic sound amplification device emitting sound from or around the
vehicle that is audible from a distance of 75 or more feet, unless the electronic sound
amplification device is being used to request assistance or warn against an unsafe condition.
This subsection does not apply to any of the following:
(1) Operators of emergency vehicles when responding to an emergency.
(2) Operators of public utility vehicles.
(3) Operators of vehicles lawfully being used for advertising purposes.
(4) Operators of vehicles that are being used in a licensed or permitted event, or
celebration, procession, or assemblage.
(5) The activation of a vehicle theft alarm signal device.
3. Participation in Noisy Parties or Gatherings.
No person shall participate inhost or attend any unruly party or other gathering of people in a
residentially zoned or used area giving rise towhich causes noise that, disturbing significantly
disturbs or annoys the peace, quiet, or repose of other personsa reasonable person. When a
peace officer determines that a gathering party is creating such a noise disturbance, the officer
may order all persons present, other than the owner or tenant of the premises where the
disturbance is occurring, to disperse immediately. No person shall may refuse to leave after being
ordered by a peace officer to do so. Every owner or tenant of such premises who has knowledge
of the disturbance shall must make every reasonable effort to see that the disturbance is stopped.
4. Louds Speakers, Amplifiers for Advertising
Except as permitted by Section 124.07.5this Chapter, no person shall may operateuse or permit
the use or operation of any loudspeaker, sound amplifier, or other device for the production or
reproduction of sound, on a street or other public place for the purpose of commercial
advertising or attracting the attention of the public to any commercial establishment or , vehicle,
or activity. This Section is not meant to prohibit the reasonable use of amplified sound for
religious purposes, including but not limited to, the tolling of church bells or a religious call to
prayer.
5. Exception for Food/Beverage Vehicles
Not withstanding any other provision to the contrary, food/beverage vehicles may sound a
manually operated bell while operatingbetween the hours of 10:00 a.m. and 4:30 p.m., and 6:00
p.m. to 8:00 p.m. in any area zoned commercial or industrial, and only between the hours of 1:00
p.m. and 4:30 p.m. and 6:30 p.m. to 8:00 p.m. in any area zoned residential or other than
commercial or industrial, which can produces a noise level measured at a distance of 50 feet from
the source no greater than 65 decibels.
6. Animals
Animals shall beare subject to Chapter 101the Animal Control Chapter of the City Code.
7. Exhausts
No person shall may discharge the exhaust or permit the discharge of the exhaust of any steam
engine, stationary internal combustion engine, or motor boat, motor vehicle, or snowmobile
except through a muffler or other device which will effectively prevent loud or explosive noises
therefrom and complies with all applicable state laws and regulations, including but not limited
to M.S. § 169.69. (Minnesota Statutes Section 169.69).
8. Defective Vehicle or Load
No person shall may use any vehicle so out of repair or so loaded as to create loud and
unnecessary grating, grinding, rattling or other noise.
9. Loading, Unloading, Unpacking
No person shall may create loud and excessive noise in connection with loading, unloading, or
unpacking of any vehicle.
10. Engine Retarding Brakes Restricted
No operator of any truck may intentionally use an engine retarding brake on any City street,
parking lot or alley within the City which causes abnormal or excessive noise from the engine,
except in an emergency.
124.08.405.07 Exception for Emergency Work
Noise created exclusively in the performance of emergency work to preserve the public health, safety,
or general welfare, or in the performance of emergency work necessary to restore a public service or
eliminate a public hazard, shall will be exempt from the provisions of this Chapter. Any persons
responsible for such emergency work shall must take all reasonable actions to minimize the amount
of noise they create.
124.09.405.08 Enforcement
1. Administration
The noise control program established by this Chapter shall will be administered by the City.
2. Testing Procedures
The City shall must adopt guidelines establishing the test procedures and instrumentation to be
used in enforcing the provisions of Section 124.03this Chapter, which imposes noise standards.
A copy of such the guidelines shall be kept on file in City Hall and shall will be available to the
public for reference during office hours.
3. Studies
The City shall will conduct such research, monitoring, and other studies related to sound as are
necessary or useful in enforcing this Chapter and reducing noise in the City. The City shall will
make such investigations and inspections in accordance with law as required in applying the
requirements of this Chapter.
4. Noise Impact AssessmentStatements
The City may require any person applying to the City for a change in zoning classification or, a
permit or license for any structure, operation, process, installation or alteration or project that
may be considered as a potential noise source to submit a noise impact statement assessment
on a form prescribed by the Cityto the City. Such assessment must be submitted in a format
prescribed by the City.
5. Civil Action
The provisions of this Chapter may be enforced through injunction, mandamus, or any other
appropriate civil remedy that the City may deem appropriate.
6. Other Powers and Duties
The City shall will exercise such other its powers and perform such otherits duties as are may be
reasonable and necessary to enforce this Chapter.
124.10.407.09 Variances Exemptions
The City Council shall have authority, consistent with this Sectionhas the authority to grant
exemptionsvariances from the requirements of all sections of this Chapter.
124.11. Penalties
The violation of any provision of this Chapter, except Section 124.04, shall be subject to Chapter 901
of the City Code.
Section 7
That the Fridley City Code Chapter 123, Junk Vehicles, be hereby amended as follows:
Fridley City Code
Chapter 123. Junk Vehicles
123.01. Purpose
This Chapter is established for the following purposes:
1. To promote health, safety, order, convenience, prosperity and general welfare in the City of
Fridley by establishing that the outside parking or storage, on or near residential district properties,
of vehicles, materials, supplies or equipment not customarily used or needed for the use in
connection with the occupancy of residential property for residential purposes, is hereby found to
create a nuisance.
2. To prevent obstruction of view on streets and on private property, unhealthful and noxious
odors and materials in residential neighborhoods, cluttered and otherwise unsightly areas and
adverse effects to residential property values and neighborhood patterns.
3. To allow the full use of residential streets for residential parking.
123.02. Definitions
The following definitions shall apply in the interpretation and enforcement of this Chapter:
1. Junk Car.
Any motor vehicle that is not in operable condition, or that is partially dismantled or that is used for
sale of parts or as a source of repair or replacement parts for other vehicles, or that is kept for
scrapping, dismantling, or salvage of any kind, or that is not properly licensed for operation with, and
by, the State of Minnesota.
2. Person.
Any person, firm, partnership, association, corporation, company or organization of any kind.
3. Property.
Any real property within the City that is not a street or highway.
4. Street or Highway.
The entire width between the boundary lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular travel.
5. Vehicle.
A machine propelled by power other than human power, designed to travel along the ground by use
of wheels, treads, runners or slides, and transports persons or property or pulls machinery and shall
include, without limitation, automobiles, trucks, trailers, motorcycles and tractors.
123.03. Parking and Storage of Junk Cars and Vehicles on Private Property
No person in charge or control of any property within the City, whether as owner, tenant, occupant,
lessee, or otherwise, shall allow any partially dismantled, nonoperating wrecked, junked or discarded
vehicle to remain on such property longer than ten (10) days after notification by the City of a
violation of this Chapter; and no person shall leave any such vehicle on any property within the City
for a longer time than ten (10) days after notification by the City of a violation of this Chapter; except
that this Chapter shall not apply with regard to a vehicle in an enclosed building; or a vehicle on the
premises of a business enterprise operated in a lawful place and manner, when necessary to the
operation of such business enterprise; or a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner by the City; or a single inoperable vehicle that is in the
reasonable process of restoration to an operable vehicle provided it has current registration and does
not constitute a nuisance. (Ref. 710)
123.04. Impounding
The City or its duly authorized agent is hereby authorized to remove or have removed any vehicle
left at any place within the City that reasonably appears to be in violation of this Chapter or is
otherwise lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or
disposed of in accordance with Chapter 114 of the City Code.
Section 8
That the Fridley City Code Chapter 111, Vehicle Towing, be hereby amended as follows:
Fridley City Code
Chapter 111. Vehicle Towing
111.01. Vehicle Towing
1. All persons who tow or otherwise transport vehicles into, from or through the City of Fridley, or
who are under contract with the City of Fridley to tow or transport vehicles, shall not tow or otherwise
transport a vehicle without taking reasonable steps to prevent or minimize the loss from the vehicle
or fluids to the extent practicable and in accordance with safety concerns of both the public and the
person transporting or towing the vehicle.
2. In the event that fluids from the vehicle have drained from the vehicle prior to towing or
transporting, or a loss from the vehicle occurs during towing or transportation, reasonable steps shall
promptly be taken by the person towing or transporting the vehicle to clean up and otherwise
contain and remove the fluids lost.
3. Persons who store vehicles towed or transported under this section shall comply with all
environmental laws and regulations governing the loss of motor vehicle fluids once the vehicle
reaches the towing or transportation destination.
4. The person towing or transporting the motor vehicles shall be entitled to charge the owner of the
motor vehicle, or the person, excluding a police officer engaged in his authorized duties, requesting
that a vehicle be towed or transported, a reasonable fee for the services herein.
5. Any person removing a wrecked or damaged vehicle from a highway or street shall remove any
glass or other injurious substance dropped upon the highway or street from such vehicle.
111.02 Penalty
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such violations
under the provisions of Chapter 901 of the Fridley City Code.
th
Passed and adopted by the City Council of the City of Fridley on this 28 day of August, 2023.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
Public Hearing: August 14, 2023
First Reading: August 14, 2023
Second Reading: August 28, 2023
Publication: August 31, 2023