ORD 401 Property MaintenanceCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 401
AN ORDINANCE AMENDING SECTION 12-5 OF THE MENDOTA HEIGHTS
CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR
THE REGULATION OF PROPERTY MAINTENANCE
The City Council of the City of Mendota Heights hereby ordains:
Section 1.
Section 12-5 is hereby amended to add the following:
CHAPTER 5
RESIDENTIAL PROPERTY MAINTENANCE
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12-5-1:
Findings and Purpose Statement
12-5-2:
Definitions
12-5-3:
Building and Structure Appearance and Maintenance Requirements
12-5-4:
Exterior Property Public Health and Safety Requirements
12-5-5:
Firewood Storage
12-5-6:
Other Outdoor Storage
12-5-7:
Accumulations and Hazardous Material
12-5-8:
Rubbish and Garbage
12-5-9:
Storm Drainage
12-5-10:
Abatement Procedures
12-5-1: FINDINGS AND PURPOSE STATEMENT:
The City Council finds that it is in the best interest of the City to protect the public health,
safety, and general welfare of its citizens. To this end, the City believes that by adoption
of these residential property maintenance regulations, it will farther the following
objectives:
A. To preserve the value of residential property within the City;
B. To protect the character and stability of neighborhoods within the City;
C. To provide for minimum standards of maintenance for residential property
within the City and ensure compliance;
D. To cause correction to conditions on residential property that do not comply
with the standards of maintenance established herein.
E. Assist in identification and correction of dangerous or life threatening
conditions that may be identified within the City.
F. Provide a mechanism to mitigate potential public health issues identified
within the City.
12-5-2: DEFINITIONS: As used herein, the following words shall have the
following meanings:
Accessory Structure: Shall have the meaning stated in the zoning regulations of this code
(Title 12). Accessory buildings or structures shall include, but are
not limited to: decks, porches, detached garages, and sheds.
Building: Shall have the meaning stated in the zoning regulations of this code
(Title 12). Buildings shall include, but are not limited to:
dwellings, offices, warehouses, and stores.
Garage, Attached: A garage attached to the principal structure.
Garage, Detached: A garage detached from the principal structure.
Natural Area: Any property managed for the development of indigenous prairie
and/or forest plants, intended to exist in a wild or natural condition,
according to a written plan.
Property: Developed or undeveloped land, parcel or platted lot, including any
buildings, structures, and accessory structures thereon.
Structure: Shall have the meaning stated in the zoning regulations of this
code (Title 12).
Vehicles: Shall have the meaning stated in the zoning regulations of this
code (Title 12) and shall include trailers, boats, watercraft, "ski-
doos", snowmobiles, 4-wheelers, and ATVs.
All terms not defined herein above shall have the meaning assigned to them in Section
12 -1B of the Code of the City of Mendota heights. If a conflict arises as to the definition
of any term between this ordinance and Section 12-IB of the City Code, the definition in
Section 12-IB shall control.
12-5-3: BUILDING AND STRUCTURE APPEARANCE AND
MAINTENANCE REQUIREMENTS:
A. Any building or structure, including an accessory structure, is a public nuisance if
its exterior does not comply with the following requirements:
1. All exterior property shall be maintained in a clean, safe, and
sanitary condition. The occupant shall keep that part of the
exterior property, which such occupant occupies, or controls in a
clean and sanitary condition.
2. All dwellings_, garages and other residential accessory buildings
shall have complete siding. No part of any exterior surface shall
have significant deterioration including, but not limited to, holes,
breaks, gaps, or loose or rotting siding. All exterior surfaces of the
structure including, but not limited to, doors, door and window
frames, cornices, porches and trim, shall be maintained in a good
and safe condition. Exterior wood surfaces on the structures, other
than decay-resistant woods, stucco or other materials that do not
normally require protection from the elements shall be protected
from the elements and decay by staining, painting or other
protective covering or treatment or other appropriate method
acceptable to the City.
12-5-4: EXTERIOR PROPERTY PUBLIC HEALTH AND SAFETY
REQUIREMENTS:
A. Any building or structure in the City that is found by an authorized employee or
agent of the City to be dangerous to public safety; or health by reason of the
following is hereby declared to be a public nuisance and a hazardous structure or
condition:
1. Damaged by fire, storm, or vandalism;
2. Defective Chimneys or stovepipes;
3. Dilapidated condition or decay; or
4. Any other defect endangering the public safetyT or health.
B. Any structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or
rodent-infested, presents environmental health. risks or which lacks provisions for safe
illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard
to the health, safety, or welfare of the occupants or of the public, may be declared unfit
for hinnan habitation or unsafe to the public by the City.
C.Whenever any building has been declared unfit for human habitation or unsafe to the
public, the City may proceed to declare the building a hazardous building or hazardous
property and may seek to correct or remove the hazardous condition as authorized by
Minnesota law.
12-5-5: FIREWOOD STORAGE:
A.The term firewood shall mean split wood or unsplit wood logs cut into lengths
not exceeding three feet for the purpose of burning in a fireplace or as a
recreational fire on the property.
B.Firewood shall be kept or stored outdoors in accordance with the following
requirements.
I.Firewood shall be stored or kept in a neat and secure stack (maxim-Lim of two
cords, defined as 128 cubic feet per cord), which shall be no higher than five feet.
2.Unless screened by a fence or wall, stacks shall be no closer than five feet to the
property line.
3.The firewood stacks shall not be allowed to become infested with rats, rodents,
or vermin.
4.Fallen, Lmcut trees shall be removed or cut up into firewood as soon as it is
practicable, not to exceed 90 days. The City Council may extend this period,
upon written request by the property owner, for an additional 90 days. This
requirement may be waived by the Code Enforcement Officer where it is
determined that due to natural environmental conditions, the trees do not present a
hazard or nuisance.
12-5-6: OTHER OUTDOOR STORAGE:
Except provided for herein or as specifically allowed within the specific zoning districts
established by Title 12, all materials and equipment shall be stored within a structure.
A. Exceptions:
1. Clothesline poles and lines, play equipment, garden equipment, patio
Rimiture, and trampolines.
2. Not more than four (4) currently licensed and operable vehicles, including
trailers, may be parked or stored on property outside a structure on single-
family residential lots. All such parking and/or storage shall be allowed as
follows:
a In the front yard, provided they are kept on an established driveway,
entirely on the vehicle owner's property. Except as provided herein,
recreational vehicles may not be parked or stored on public property
or street right-of-way.
a. In the rear yard not closer than ten feet (10') from the rear lot line,
five feet (5') from the side lot lines, and not within drainage and
utility casements.
b. On a comer lot or through lot, not closer than twenty feet (20') from
the property line abutting the street side of the lot and not within
drainage and utility easements. Where such parking and/or storage is
to be located within side or rear yards of comer or through lots, such
side or rear yard shall be screened with landscaping and/or fencing
from the public street.
c. All vehicles must be parked on concrete or bituminous pavement.
3. Construction and landscaping material, which shall be consumed or
used on the Property within the next thirty (30) days and kept in a neat,
worlanan like fashion
4. Off-street parking of motor vehicles as specified in the respective
zoning districts.
5. Temporary storage pods used to temporarily store items during house
remodeling shall be kept on the driveway for a period not to exceed
ninety (90) days except by CUP application for major remodeling.
6. No pallets shall be stored on the property seven days after they are no
longer used.
12-5-7: ACCUMULATIONS AND HAZARDOUS MATERIAL
A. Accumulations: Rubbish, garbage, or other hazardous
and dangerous materials shall not be stored or allowed to
accumulate in stairways, passageways, doors, windows,
fire escapes or other means of egress.
B. Hazardous material: Hazardous substances, refuse,
pollutants and contaminants, as those terms are defined
by Federal, state, and local laws, shall not be accumulated
or stored unless storage complies with the applicable
requirements of all laws, rules and ordinances pertaining
to the activity, including, but not limited to the City's
building code and the City's fire prevention code.
12-5-8: RUBBISH AND GARBAGE
A. Accumulation of Rubbish and Garbage: All exterior
property, and the interior of every structure, shall be free
from any unreasonable accumulation of rubbish and
garbage causing a nuisance.
B. Disposal of Rubbish: Every occupant of a structure shall
reasonably store and dispose of all rubbish and garbage in
a clean and sanitary manner in accordance with all laws.
Screening: Garbage and recycling containers shall be
either (1) stored inside a dwelling or other residential
accessory structures not visible from the public street or
adjoining neighbors; or (2) stored outside fully screened
by landscaping or fencing materials keeping the garbage
and recycling containers from being visible from the
public street or adjoining neighbors.
C. Curbside Collection: Appliances, furniture and similar
items shall not be left outside for collection and disposal
for more than seventy-two (72) hours. Appliances not
awaiting collection and disposal shall not be placed
outside.
D. Garbage cans may be put out for collection the night
before and must be retrieved the next evening.
12-5-9: STORM DRAINAGE
A. General: Stormwater runoff and drainage of roofs and
other hard surfaced areas, yards, courts, and other open
areas on the Property shall not be allowed to occur in a
manner that creates a public nuisance.
12-5-10: ABATEMENT PROCEDURES:
A. Enforcement Officials: The City Council shall enforce the
provisions of this Chapter and may by resolution delegate
to various officers or agencies power to enforce particular
provisions of this Chapter, including the power to inspect
private Property.
B. Notice To Abate: Whenever, in the judgment of City
Council or the officer charged with enforcement of this
ordinance, it is determined that a violation hereof is being
maintained or exists within the City, such officer shall
notify in writing the person committing or maintaining
such violation and the owner of the Property and require
them to remedy such violation and to remove such
conditions or remedy such defects. Such written notice
shall be delivered to the person committing or
maintaining violation and the owner of the property or
may be delivered by mail. If the property is not occupied
and the address of the owner is unknown, service on the
owner may be accomplished in the manner specified for
service in Rule 4 in the Minnesota Rules of Civil
Procedure, except in the case of an emergency and then in
such case, service shall be accomplished after posting
such notice for twenty four (24) hours. Such notice shall
require the owner or occupant of the Property, or both, to
take corrective steps within a time as defined by the
officer charged with enforcement to remedy such
violations, such steps and time to be designated in the
notice, but the maximum time to remedy a violation after
service of such notice shall not exceed one hundred and
twenty (120) days. In the case of severe financial or
physical hardship, the Council may grant an extension to
the time limit. Said violation shall be corrected
"immediately" in the case of imminent danger to the
public health, safety, or welfare. Service of notice may be
proven by filing an affidavit of service in the office of the
City Clerk setting forth the manner and time thereof.
C. Report of Failure to Abate: When notice so given is not
complied with, such noncompliance shall be reported
forthwith to the City for such action as may be necessary
and deemed advisable to abate and enjoin further
continuation of such nuisance, including referring the
matter to the City's Prosecuting Attorney to pursue a
judicial remedy on behalf of the City. A violation of this
Ordinance shall be subject to a penalty as provided in
Section 1-4-1 of the City Code.
D. Abatement By City: In the event the City chooses to abate
said violation, the City shall adopt a resolution setting
forth the specific details of the corrective matters to be
taken. A copy of the resolution shall be sent to the
property owner by certified mail and if the violation is not
abated within ten (10) days of the mailing of said
resolution, the City shall take all actions necessary to
abate said violation, keeping accurate records of the cost
of the same.
E. Costs to Owner: The Finance Director shall prepare a bill
and mail it to the owner of the Property for the costs
incurred by the City, including but not limited to
administrative costs, attorney fees and costs and the costs
of any outside contractor engaged by the City to correct
such violation, and thereupon the amount shall be
immediately due and payable to the City (the "Bill").
F. Costs A Special Tax: If the Bill is not paid to the City
within twenty (20) days after the mailing of the Bill, the
City Clerk shall extend the costs of abating the violation
as a special tax against the Property upon which the
violation was located, and such special tax shall, at the
time of certifying taxes to the County Auditor, be
certified for collection as other special taxes are certified
and collected. The City Council may specify an
additional penalty for such special tax collections.
Section 2.
This Ordinance shall take effect and be in full force from and after its passage and
publication.
NU MN
City Clerk
AYES:
NAYS:
ayor