Ord 444 Commercial Ind Property MaintCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE 444
AN ORDINANCE AMENDING TITLE 12 TO ADD CHAPTER EIGHT,
COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
SECTION 1: City Code Title 12, Chapter 8 is hereby proposed as follows:
12-8-1: 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 commercial/industrial property maintenance regulations, it will further the following
objectives:
A. To preserve the value of commercial and industrial property within the City;
B. To protect the character and stability of commercial and industrial areas of the City;
C. To provide for minimum standards of maintenance for commercial/industrial properties
within the City and ensure compliance;
D. Provide a mechanism to place conditions upon those commercial/industrial properties
which do not comply with the standards of maintenance established herein.
E. Assist in 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.
12-8-2: DEFINITIONS:
All terms not defined herein shall have the meaning assigned to them in Section 12-1B-2 of
this Title. If a conflict arises as to the definition of any term between this Chapter and Section
12-1B-2 of this Title, the definition in Section 12-1B-2 of this Title shall control. As used
herein, the following words shall have the following meanings:
ACCESSORY STRUCTURE: Shall have the meaning stated in this Title. Accessory
buildings or structures shall include, but are not limited to: decks, porches, detached garages,
and sheds.
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BUILDING: Shall have the meaning stated in this Title. Buildings shall include, but are not
limited to: dwellings, offices, warehouses, and stores and shall include all buildings containing
commercial or industrial uses, regardless of zoning district, with the exception of legal home
occupations on residentially zoned property.
FENCE: Any structure, wall, or gate erected as a permanent dividing marker, partition, visual
or physical barrier, or enclosure, excluding any permitted temporary fence as regulated in the
zoning regulations of this Code, within a parcel of land regardless if the parcel is platted or
unplatted.
PROPERTY: Developed or undeveloped land, parcel or platted lot, including any building
structures, and accessory structures thereon and shall include all land, parcels, or lots
containing commercial or industrial uses, regardless of zoning district, with the exception of
legal home occupations on residentially zoned property.
STRUCTURE: Shall have the meaning stated in this Title.
WEEDS: All grasses, annual or perennial plants and vegetation, other than trees or shrubs.
This term shall not include cultivated lawns, flowers and gardens.
12-8-3: BUILDING AND STRUCTURE APPEARANCE AND SAFETY REQUIREMENTS:
A. Building Material Condition: Any building or structure, including retaining walls, 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.
2. No part of any exterior building surface shall have significant deterioration including, but
not limited to, holes, breaks, gaps, or loose or rotting materials. 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. With regard to broken windows, repair
shall require replacement of all broken glass.
B. Premise Identification: All buildings shall have address numbers
placed in a position to be plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers shall be
Arabic numerals. Numbers shall be a minimum of four (4) inches in height or larger as
necessary to ensure visibility.
C. Architectural Elements: All architectural elements including, but not limited to, cornices,
belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
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12-8-4: MAINTENANCE REQUIREMENTS FOR VACANT BUILDINGS:
A. Maintenance:
1. Any vacant 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:
a. Damaged by fire, storm or vandalism;
b. Defective chimneys or stovepipes;
c. Dilapidated condition or decay; or
d. Any other defect endangering the public safety or health.
2. Any vacant 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 public, may be declared
unfit for human habitation or unsafe to the public by the City.
3. Whenever any vacant 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.
B. Security Measures. Vacant buildings violating the terms of Paragraph 12-8-4 A. shall be
secured in accordance with Minnesota State Statutes 463.251 and applicable Building
Code requirements.
1. Windows and doors shall be covered to prevent entry within a frame, and with
covering materials that are designed to complement or match those of the existing
building.
2. Any part of the building, such as walls or roof, which is damaged in such a way as to
allow possible entry, shall be repaired with materials that match the materials used for
that part elsewhere on the building, and in a manner which masks the visible
impression of vacancy.
12-8-5: LANDSCAPING AND GROUNDS MAINTENANCE:
A. Vegetation, Trimming and Replacement (Trees and Shrubs): The owner and any
respective agents responsible by contract or law for property maintenance shall be jointly
and severally responsible for the planting, trimming and maintenance of all site trees and
shrubs in a condition presenting a healthy, neat and orderly appearance which is free from
refuse and debris.
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B. Fencing: Any fence is a public nuisance if it does not comply with the following
requirements:
1. The fence shall be firmly fastened and anchored in order that it is not leaning or
otherwise in any stage of collapse.
2. The fence shall be maintained in sound and good repair and free from deterioration,
loose or rotting pieces, or holes, breaks, or gaps not otherwise intended in the original
design of the fence. The fence shall be free from any defects or condition which
makes the fence hazardous.
3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be
protected from the elements by paint or other protective surface covering or treatment,
which shall be maintained in good repair to provide the intended protection from the
elements.
4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated
surface finish, including but not limited to: paint or other protective covering or
treatment, on more than twenty (20) percent of any one linear ten-foot section of the
fence.
12-8-6: SIGNS AND LIGHTING:
A. Signage: All signs shall be maintained in a safe, presentable and good structural
condition at all times. Maintenance shall include painting, repainting, cleaning,
replacement or repair of defective parts, replacement of missing letters and other
necessary acts. Any sign which the City finds is in a dangerous or defective condition
shall be removed or repaired by the owner of the sign or the owner of the premises on
which the sign is located.
B. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for
illuminating parking areas, loading areas or yards for safety and security purposes shall
be maintained in such a manner that the maximum illumination levels established within
the City's zoning regulations are not exceeded.
12-8-8: RUBBISH, GARBAGE AND TRASH:
A. Accumulation and/or Storage of Rubbish and Garbage: All exterior property areas shall
be free from any unreasonable accumulation of rubbish and garbage.
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,
including, but not limited to, Title 4, Chapter 2 of the City Code.
C. Screening: Garbage and recycling containers shall be either: a) stored inside a building
such that they are not visible from adjacent public streets or adjoining properties; or b)
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stored outside but fully screened from view of adjacent public streets or adjoining
properties by landscaping or fencing materials.
D. Collection: Discarded materials and equipment shall not be left outside for collection and
disposal for more than seventy two (72) hours. Materials and equipment not awaiting
collection and disposal shall not be placed outside.
12-8-9: ABATEMENT AND ENFORCEMENT 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 Chapter, it is determined that a violation hereof is being caused 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 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 Chapter shall be subject to a penalty as provided
in section 1-4-1 of this 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.
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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. Special Assessment: 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
assessment against the property upon which the violation was located, and such special
assessment shall, at the time of certifying taxes to the County Auditor, be certified for
collection as other special taxes and assessments are certified and collected. The City
Council may specify an additional penalty for such special assessment collections.
G. This Section provides an alternative means of enforcement of the terms of this ordinance,
and nothing in this Section shall be construed in such a way as to limit or restrict the City's
right to pursue available remedies under other law, including civil or criminal proceedings,
as may be applicable.
SECTION 2: Effective Date.
This ordinance becomes effective on the date of its publication, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, Subdivision 4, as it may be
amended from time to time, which meets the requirements of Minnesota Statute Section
331A.01, Subdivision 10, as it may be amended from time to time.
This ordinance shall be in full force and effect from and after its publication according to law.
Adopted and Ordained into an Ordinance this 20th day of November, 2012.
CITY COUNCIL
CITY� v ND TA HEIGHTS
Sandra Krebsbach, May
ATTEST
Lorri Smith, City Clerk
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SUMMARY ORDINANCE
CITY OF MENDOTA HEIGHTS ORDINANCE 444
AN ORDINANCE AMENDING TITLE 12 TO ADD CHAPTER EIGHT,
COMMERCIAL AND INDUSTRIAL PROPERTY MAINTENANCE
The City Council of the City of Mendota Heights, Minnesota authorizes the
amendment of City Code Title 12 which adopts commercial and industrial
property maintenance regulations to protect the public health, safety, and
general welfare of its citizens. Any building or structure, including retaining
walls, must comply with the requirements for building and structure
appearance and safety requirements, maintenance requirements for vacant
buildings, landscaping and grounds maintenance, signs and lighting,
rubbish, garbage and trash.
The complete text of Ordinance 444 may be obtained at the City Hall or from
the City’s website at www.mendota-heights.com .
Dated: December 4, 2012