2024-02-20 City Council Packet - Work Session
CITY OF MENDOTA HEIGHTS
CITY COUNCIL WORK SESSION AGENDA
February 20, 2024 5:00PM
Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights
1. Call to Order
2. Discussion
a) Code Enforcement
b) Par 3 Capital Project Request Update
3. Adjourn
Alternative formats or auxiliary aids are available to individuals with disabilities upon
request. Please contact city hall at 651-452-1850 or cityhall@mendotaheightsmn.gov
_____________________________________________________ City Council Work Session Memo
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Cheryl Jacobson, City Administrator
SUBJECT: Code Enforcement
ACTION REQUEST:
Staff and the city attorney will provide an overview of the city’s code enforcement tools and process.
A review of alternative methods of enforcement, specifically the use of administrative citations, will
also be provided.
BACKGROUND:
The city’s code enforcement program addresses a variety of complaints received throughout the year
by city staff. Common complaints include vehicle violations (e.g. number of, junk/inoperable vehicles);
exterior storage (e.g. wood piles, trailer parking, RV storage); refuse (e.g. location of garbage cans,
trash and junk) and yard maintenance (e.g. long grass, weeds).
The majority of complaints are considered “public nuisance” in nature and the city has specific
authority under state law to define and abate these types nuisances. The city has adopted, through
city code, the following definition of ‘nuisance’:
A "nuisance" is a thing, act, occupation or use of property which:
A. Shall annoy, injure or endanger the safety, health, comfort or repose of the public.
B. Shall offend public decency. C. Shall unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for passage
any public park, square, street, walk, lane, alley or highway. D. Shall in any way render the public insecure in life or in use of property.
In 2023, city staff fielded a total of 50 code enforcement complaints. Of those complaints, 90 percent
were resolved overall. The majority or 89 percent of resolved complaints were resolved by the
property owner after the first violation notice. The top categories for complaints were: weeds/long
grass, parking and specifically RV parking, junk, and trash cans.
The goal of the city’s code enforcement program is first and foremost to educate/inform residents
about community standards and regulations, which is often achieved through the notice of violation
process. Beyond these notices, tools available to the city include criminal prosecution, abatement and
civil injunctions. Additionally, many cities have found it beneficial to add administrative citations as a
city code enforcement tool.
ATTACHMENTS:
City Code – Title 4, Chapter 1 Nuisances
City of South St. Paul City Code – Administrative Citations Example
TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
SECTION:
4-1-1: Public Nuisance Defined
4-1-2: Nuisances Affecting Health
4-1-3: Nuisances Affecting Morals And Decency
4-1-4: Nuisances Affecting Peace And Safety
4-1-5: Abatement Procedures
4-1-6: Violation; Penalties
4-1-1: PUBLIC NUISANCE DEFINED:
A "nuisance" is a thing, act, occupation or use of property which:
A. Shall annoy, injure or endanger the safety, health, comfort or repose of the public.
B. Shall offend public decency.
C. Shall unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for passage any public park, square,
street, walk, lane, alley or highway.
D. Shall in any way render the public insecure in life or in use of property. (1981 Code 901 § 1)
4-1-2: NUISANCES AFFECTING HEALTH:
The following are hereby declared to be nuisances affecting health:
A. Tainted Food: All decayed or unwholesome food offered for sale to the public.
B. Diseased Animals: All diseased animals running at large.
C. Animal Carcasses: Carcasses of animals not buried or destroyed within twenty four (24) hours after death.
D. Offensive Garbage Receptacles: Garbage receptacles which emit foul or disagreeable odors, can be overturned by
dogs, are not rodent free or flytight or are so maintained as to constitute a health hazard.
E. Noxious Vegetation: All noxious weeds and other rank growth upon public or private property 1 .
F. Air Pollution: Dense smoke, noxious fumes, gas, soot, or cinders, in unreasonable quantities.
G. Additional Provisions: All other acts, omissions of acts, occupations and uses of property which are deemed by the
county public health department to be a menace to the health of the inhabitants of this city, or any considerable number
thereof. (1981 Code 901 § 2; amd. 2003 Code)
Notes
1 1. See also chapter 3 of this title.
4-1-3: NUISANCES AFFECTING MORALS AND DECENCY:
The following are hereby declared to be nuisances affecting public morals and decency:
A. Gambling:
1. All gambling devices, slot machines and punchboards.
2. Betting, bookmaking, unlicensed prize fighting, and all apparatus used in such occupations.
B. Disorderly Houses: All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling
houses, houses of ill fame and bawdy houses.
C. Vehicles Used For Illegal, Immoral Purposes: Any vehicle used for the illegal transportation of intoxicating liquor 1 or
for promiscuous sexual intercourse, or any other immoral purpose.
D. Obscene Publications: All indecent or obscene pictures, books, pamphlets, magazines and newspapers.
E. Obscene Language; Disturbing The Peace: The public use of profane or obscene language; the use of loud,
boisterous or abusive language in public or which disturbs the public; or any other act or acts tending to disturbance of the
public peace and quiet. (1981 Code 901 § 3)
Notes
1 1. See section 6-1-4 of this code.
4-1-4: NUISANCES AFFECTING PEACE AND SAFETY:
The following are declared to be nuisances affecting public peace and safety:
A. Snow And Ice Accumulations And Deposits:
1. All snow and ice not removed from public sidewalks twenty four (24) hours after the snow and ice has ceased to be
deposited thereon 1 . (1981 Code 901 § 4)
2. Depositing onto public rights of way any snow removed from private properties 2 . (Ord. 204, 11-15-1983)
B. Water, Ice And Snow Draining Onto Public Ways: The allowing of rainwater, ice or snow to fall from any building or
structure upon any street or sidewalk or to flow across any sidewalk; or wastewater cast upon or permitted to flow upon or
across streets or other public property.
C. Obstructing Public Ways: All trees, hedges, billboards or other obstructions which prevent persons from having a clear
view of traffic approaching an intersection from across streets in sufficient time to bring a motor vehicle driven at a
reasonable speed to a full stop before the intersection is reached.
D. Obstructing Drainageways: Obstructions to the free flow of water in a natural drainageway or a public street drain,
gutter or ditch.
E. Objects Overhanging Public Ways:
1. Tree Limbs: All limbs of trees which are less than eight feet (8') above the surface of any public sidewalk or nine feet
(9') above the surface of any street.
2. Utility Wires: All wires which are strung or hang across public streets, alleys, lanes or sidewalks less than fifteen feet
(15') above the surface of the ground.
3. Signs 3 : All hanging signs, awnings and other similar structures over the streets or sidewalks, so situated as to
endanger public safety.
F. Dangerous Buildings: All buildings, walls and other structures which have been damaged by fire, decay or otherwise to
an extent exceeding one-half (1/2) their fair market value and which are so situated as to endanger the safety of the public.
G. Explosives And Dangerous Substances: All explosives, bottle gas, inflammable liquids and other dangerous
substances stored in any manner deemed dangerous by the code enforcement officer, fire chief or fire marshal.
H. Noises And Vibrations 4 : All unnecessary noises and annoying vibrations.
I. Obstructing Public Ways:
1. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds
except under such conditions as are authorized by the city council.
2. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes
large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks.
J. Barbed Wire Fences 5 : All barbed wire fences which are located within three feet (3') of any public sidewalk.
K. Dangerous Machinery: All dangerous, unguarded machinery, in any public place, or so situated or operated on private
property as to attract the public.
L. Dogs At Large: The permitting of running at large within the city of any dog. (1981 Code 901 § 4; amd. 2003 Code)
M. Barking Dogs: No person shall keep or harbor a dog which habitually barks or cries. Any such dog is hereby declared
a public nuisance.
N. Junk And Automobile Parts: The accumulation of junk, disused furniture, appliances, machinery, automobiles or parts
thereof, or any matter that may become a harborage for rats, snakes, or vermin, or which creates a visual blight, or which
may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. (2003 Code)
O. Other Conditions: All other conditions or things which are liable to cause injury to the person or property of anyone.
(1981 Code 901 § 4)
Notes
1 2. See also section 8-1-2 of this code.
2 1. See also subsection 8-2-3A of this code.
3 2. See also section 12-1D-15 of this code.
4 3. See also sections 12-1I-2 and 12-1I-6 of this code.
5 1. See also section 12-1D-6 of this code.
4-1-5: ABATEMENT PROCEDURES:
A. Abatement By Owner: The primary responsibility for abating any nuisance is that of the owner. The owner shall correct
any nuisance within the time specified in the notice of violation.
B. Abatement By Enforcing Officer; Recovery Of Costs: If, at the end of the time period allowed for correction of a
violation, the violation still exists, the enforcing official may cause the following violations to be corrected by private or public
means; and pursuant to the provisions of Minnesota statutes section 429.101, the city may collect unpaid special charges for
abating a nuisance for all or any part of the cost of the work, plus administrative fees as a special assessment, for:
1. Snow, ice or rubbish removal from sidewalks;
2. Removal or elimination of public health or safety hazards from private property;
3. Repair of water service lines;
4. The treatment and removal of insect infested or diseased trees on private property;
5. The operation and maintenance of a fire protection system; or
6. Rubbish, garbage and debris removal from private property.
C. Hearing; Abatement By City Council: The city council, in its discretion, may schedule a hearing for the purpose of
giving the property owner the opportunity to appear before the council to respond to a notice of violation. Written notice of
any city council hearing to determine or abate a nuisance shall be served upon the owner of record and the occupant of the
premises, either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown,
or the owner of record or the occupant refuses to accept notice of the council hearing, notice of the council hearing shall be
served by posting it on the premises. Except for those cases determined by the city council to require emergency abatement,
written notice of any city council order shall be made as provided in Minnesota statutes section 463.17. The city council may,
after providing the owner or occupant an opportunity to be heard, determine that the condition identified in the notice of
violation is a nuisance and order that, if the nuisance is not abated within the time prescribed by the council, the city may
seek injunctive relief by serving a copy of the order.
D. Emergency Abatement: The enforcing official may cause any nuisance that is a present or immediate danger to public
health or safety to be corrected by public or private means without notice to the owner, and the city may collect unpaid
special charges for all or any part of the costs of the work plus administrative fees as a special assessment pursuant to
Minnesota statutes section 429.101.
E. Recovery Of Costs: The owner of the premises on which a nuisance has been abated by the city shall be personally
liable for the costs incurred by the city to abate the nuisance, including administrative costs. As soon as the work has been
completed and the costs determined, the city clerk or other official designated by the city council shall prepare a bill for its
costs and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the office of the city clerk. If
the bill remains unpaid, the city clerk may commence a civil action to collect said bill. (2003 Code)
4-1-6: VIOLATION; PENALTIES:
Any person, firm or corporation who shall knowingly cause or create a nuisance, or permit any nuisance to be created or
placed upon or to remain upon any premises owned or occupied by him or them, or in the case of the owner of a dog, who
shall permit a dog who is a "nuisance", as herein defined, to run at large within the city, shall, upon conviction thereof, be
deemed guilty of a misdemeanor, and shall be punished by a fine as provided in section 1-4-1 of this code, and costs, or by
imprisonment for not less than five (5) days nor more than ninety (90) days, or both; provided, that in event of failure to pay
any fine or costs assessed upon any person, he may be confined an additional number of days equal to the number of
dollars of fine and costs assessed in the case, not to exceed three (3) months. (1981 Code 901 § 5; amd. 2003 Code)
Subpart A - GENERAL ORDINANCES
Chapter 38 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IV. ADMINISTRATIVE CITATIONS
South St. Paul, Minnesota, Code of Ordinances Created: 2024-01-30 15:33:42 [EST]
(Supp. No. 35)
Page 1 of 5
ARTICLE IV. ADMINISTRATIVE CITATIONS
Sec. 38-102. Purpose.
The city council seeks to offer an alternative method of enforcement for city code violations rather than
relying on the criminal court system. The formal criminal prosecution process does not provide an environment to
adequately address the unique and sensitive issues that are involved in city code violations, including, but not
limited to, neighborhood concerns, livability issues, economic impact, physical limitations of the offenders and the
stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition,
the court system is a slow, overburdened and methodical process that is not conducive to dealing with the
violations in a prompt and timely manner. Finally, the penalties afforded the criminal court system are restricted to
fines or physical confinement, which are not effective solutions to address city code violations.
In order to provide more flexibility in addressing city code violations on an individual basis that will be more
efficient and effective, the city council finds that an alternative enforcement process is necessary. Therefore, to
protect the health, safety and welfare of the citizens of South St. Paul, it is the city council's intent to create a
process for the use and imposition of administrative civil penalties that will provide the public and the City of
South St. Paul with a more effective alternative method for addressing city code violations.
(Ord. No. 1227, § 2, 5-3-2010)
Sec. 38-103. Alternative methods of enforcement.
A violation of the City Code is a misdemeanor pursuant to city code subsection 1-7(c); however, this
subsection seeks to gain compliance with the City Code prior to the commencement of any formal civil or criminal
court action. The administrative civil penalties proceedings are in addition to any other legal or equitable remedy
available to the city for city code violations. The city may, in its, discretion, choose not to issue an administrative
citation and may initiate criminal charges instead.
(Ord. No. 1227, § 2, 5-3-2010)
Sec. 38-104. Authority to issue compliance letters and administrative citations.
The following city employees and agents are authorized to issue compliance letters and administrative
citations for violations of the City Code:
(1)Licensed peace officers, police reserves, and community service officers of the South St. Paul Police
Department.
(2)Code enforcement officer;
(3)Animal control officer;
(4)City planner;
(5)Building official;
(6)City engineer;
(7)City clerk;
EXAMPLE
Created: 2024-01-30 15:33:42 [EST]
(Supp. No. 35)
Page 2 of 5
(8) Fire chief; fire marshal, or fire inspector of the South Metro Fire Department;
(9) City administrator.
(Ord. No. 1227, § 2, 5-3-2010; Ord. No. 1356, § 1, 5-18-2020)
Sec. 38-105. Compliance letter.
(a) Contents of compliance letter. If a city employee or agent identified in section 38-89 determines that a city
code violation has occurred, when appropriate, a compliance letter shall be issued to the owner of the
property. The compliance letter shall contain the following information:
(1) A description or address of the property on which the City Code violation has occurred;
(2) The nature of the violation, including a reference to the appropriate city code section;
(3) A compliance deadline, providing a reasonable time for compliance based on the nature of the
violation;
(4) A statement that failure to correct the violation may result in the imposition of an administrative
citation, including a civil penalty and stating the amount of the penalty as provided in the fee schedule
pursuant to city code section 38-110.
(b) Service of compliance letter. The compliance letter shall be served on the owner by regular mail sent to the
last know legal address or by personal service.
(c) Reasonable extensions. Following service of the compliance letter, the city shall attempt to work with the
owner to resolve the violation, including but not limited to offering reasonable extensions for compliance.
(d) Exceptions to issuance of a compliance letter. For violations of any of the following sections, the city shall not
be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as
provided in section 38-106.
(1) Repeat offender. If the same owner commits a subsequent violation within 12 months after a
compliance letter has been issued for a same or similar offense, no compliance letter shall be required
for the new violation.
(2) License violations. For any license violation, including not having a license, no compliance letter shall be
required.
(3) Traffic or parking violations. For traffic or parking violations issued under chapter 58, no compliance
letter shall be required.
(4) Animal violations. For any violation of city Code section 15-35 (Running at large) or city code chapter
15, article V (Dangerous Dogs), no compliance letter shall be required.
(5) Noise violations. For any violation of city code chapter 38, article III (making unnecessary noise), no
compliance letter shall be required.
(6) Obstruction of fire hydrants or fire lanes. For violations of city code subsection 54-1(c) (Obstructing of
fire hydrants), or city code section 30-41 (Fire Prevention Code), no compliance letter shall be required.
(7) Water sprinkling violations. For violations of City Code section 62-28 (Water sprinkling ban), no
compliance letter shall be required.
(8) Odor violations. For violations of City Code section 110-142 (odor pollution) committed by a significant
odor generator so designated under section 110-144, no compliance letter shall be required.
Created: 2024-01-30 15:33:42 [EST]
(Supp. No. 35)
Page 3 of 5
(Ord. No. 1227, § 2, 5-3-2010; Ord. No. 1240, § 2, 12-20-2010; Ord. No. 1347, § 1, 5-20-2019; Ord. No. 1356, § 2, 5-
18-2020)
Sec. 38-106. Administrative citation.
(a) Upon an owner's failure to correct the violation specified in the compliance letter within the time frame
established in the compliance letter or any extension thereof granted by the city, an administrative citation
may be issued to the owner. The administrative citation shall be served on the owner by regular mail or by
personal service and shall contain the following information:
(1) A description or address of the property on which the City Code violation has occurred;
(2) A copy of the relevant portion of the City Code that the owner is alleged to have violated;
(3) The amount of the administrative civil penalty for the specific city code violation, which shall be due
and payable to the city within 30 days of the date the citation is mailed or personally served;
(4) A statement that the violation must be corrected or a subsequent administrative or a criminal citation
may be issued;
(5) A statement that the City Code violation and the amount of the administrative civil penalty may be
contested to be heard before an independent hearing officer by notifying the city clerk in writing
within ten days after the citation was mailed or personally served;
(6) A statement that if the owner contests the validity of the violation and the owner is found by the
hearing officer to be in violation, that the owner will pay $500.00 toward the cost of the hearing;
(7) A statement that failure to pay the administrative civil penalty may result in it being assessed against
the property as provided in Minn. Stats. ch. 429.
(b) Payment of penalty and correction of violation. If the owner pays the administrative civil penalty and corrects
the City Code violation, no further action will be taken against the owner or owner's real property for that
same violation.
(c) Payment of penalty without correction of violation. If the owner pays the administrative civil penalty but fails
to correct the City Code violation, the city may issue a subsequent administrative citation, initiate criminal
proceedings or initiate any other proceedings or remedies available in order to enforce correction of the City
Code violation.
(d) No payment of penalty and no correction of violation. If the owner fails to pay the administrative civil penalty
and fails to correct the City Code violation, the city may do any of the following, or any combination thereof:
(1) Assess the administrative civil penalty against the property pursuant to Minn. Stats. ch. 429;
(2) Issue a subsequent administrative citation, thereby commencing a new administrative penalties
process;
(3) Initiate criminal proceedings;
(4) Initiate other enforcement action authorized by law.
(Ord. No. 1227, § 2, 5-3-2010; Ord. No. 1340, § 1, 4-16-2018)
Sec. 38-107. Contesting the administrative citation.
An owner receiving an administrative citation may contest the alleged city code violation and the amount of
the administrative civil penalty. In order to contest any part of the administrative citation, the owner must notify
Created: 2024-01-30 15:33:42 [EST]
(Supp. No. 35)
Page 4 of 5
the city clerk in writing within ten days after the citation is mailed or personally served stating that the owner
contests the alleged violation, the amount of the penalty or both.
(Ord. No. 1227, § 2, 5-3-2010)
Sec. 38-108. Administrative citation hearing.
(a) Scheduling the hearing. After receipt of the written notice to contest the citation as provided in section 38-
107, the city clerk shall schedule a hearing before an independent hearing officer, which will be held within
30 days, unless otherwise agreed to in writing by the parties. The city clerk shall notify the owner of the date,
time, and location of the hearing.
(b) Independent hearing officer. An independent hearing officer, who may be from the office of administrative
law judges, shall preside over the administrative citation hearing.
(c) Conduct of the administrative citation hearing. At the hearing, both parties may be represented by counsel,
shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce
any exhibits; however, strict rules of evidence shall not apply. The hearing officer shall receive and give
weight to the evidence, including hearsay evidence. The hearing shall be recorded and a full record of the
proceedings shall be maintained by the city according to its date retention schedule.
(d) Authority of hearing officer. The independent hearing officer has the authority to do any of the following, or
a combination thereof:
(1) Make a finding that a violation has occurred;
(2) Reduce, stay, or waive a scheduled administrative civil penalty either unconditionally or upon
compliance with reasonable conditions;
(3) Require compliance with the City Code within a specified timeframe;
(4) Make a finding that no violation has occurred and dismiss the administrative citation.
(e) Decision and order. The hearing officer may announce a decision at the conclusion of the hearing or may take
the matter under advisement. The hearing officer shall issue a decision in the form of an order and shall
serve a written copy of the order upon the parties no later than ten days after the hearing. Any
administrative civil penalty that the independent hearing officer imposes must be paid to the city within the
timeframe established in the order. If no date is specified, it must be paid within 30 days of the hearing
officer's order. If the administrative civil penalty is not paid, the city may assess the civil penalty against the
owner's property pursuant to Minn. Stats. ch. 429. If the hearing officer determines that no violation
occurred, then the city may not proceed with criminal prosecution for the same act or conduct.
(f) Owner found in violation. If the violation is upheld, then the owner must pay a fee up to $500.00 toward the
cost of the hearing.
(g) Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who
fails to appear. If the owner fails to appear, the administrative citation shall be sustained. If the city fails to
appear, the administrative citation shall be dismissed.
(Ord. No. 1227, § 2, 5-3-2010; Ord. No. 1299, § 1, 10-5-2015)
Sec. 38-109. Appeal.
The hearing officer's decision is final and may only be appealed to the Minnesota Court of Appeals.
(Ord. No. 1227, § 2, 5-3-2010)
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(Supp. No. 35)
Page 5 of 5
Sec. 38-110. Schedule of administrative civil penalties.
The city shall adopt a fee schedule of administrative civil penalties for city code violations by resolution. The
maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state
law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process.
(Ord. No. 1227, § 2, 5-3-2010)
Secs. 38-111—38-114. Reserved.
_____________________________________________________ City Council Work Session Memo
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Meredith Lawrence, Parks and Recreation Manager
SUBJECT: Par 3 Capital Project Request Update
ACTION REQUEST:
Staff is seeking direction from Council on the Par 3 capital projects that were discussed during the
2024 budget meetings.
BACKGROUND:
Staff will present to Council a Par 3 end of the year financial summary for 2023. Based on the Par 3’s
current financial forecast for 2024, staff will discuss with Council their recommendation on capital
projects for 2024.
ATTACHMENTS:
None