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Ord 61 Removal of Snow, Ice, Dirt, Rubbish from SidewalksVillage of Mendota Heights Dakota County, Minnesota ORDINANCE NO. 6 / AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW, ICE, DIRT AND.RUBBISH FROM SIDEWALKS'­ THE REPAIR OF SIDEWALKS, SPRINKLING AND OTHER DUST TREATMENT OF STREETS, THE TRIMMING AND, CARE OF TREES AND REMOVAL OF UNSOUND AND DIS- EASED TREES, THE OPERATION OF A STREET LIGHTING SYSTEM., AND THE COLLECTION OF THE COSTS OF SUCH WORK OR SERVICE WHEN DONE BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY BENEFITED: AND PROVIDING PENALTIES FOR VIOLATION. The Village Council of Mendota Heights ordains as follows: Section 1. Definition. The term "current s "ervice" as used in this ordinance means one or more of the,following: Snow, ice, or rubbish removal from sidewalks; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks;.trimming and care*.of trees and removal of unsound and insect infected trees from the public streets or private property and the operation of a street lighting system. Section 2. Subdivision �-d.`., Removal of*snow, ice, dirt and rubbish from sidewalks, All snow, ice, dirt, and rubbish remaining on a public sidewalk more than 24 hours after its deposit thereon is,,hereby determined to be a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk shall use due dili- gence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than 24 hours after its de- posit thereon. Subd. 2. The Village road maintenance superinten- dent or other officials or employees of the Village desig- nated by the Village Council may remove from all public sidewalks within the Village all snow, ice, dirt, and rubbish as soon as possible beginning 24 hours after any such matter has been deposited thereon or after the snow has ceased to fall. Such employees or officials shall keep a record showing the cost of such removal ad- jacent to each separate lot and parcel and shall deliver such information to the Village Clerk. Section 3. Repair of Sidewalks. Subdivision 1. The owner of any property within the Village abutting a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be made in accordance with standard specifications approved by the Council and on file in the office of the Village Clerk. Subd. 2. It shall be the duty of the Village road maintenance superintendent or other officials designated by the Village Council to make such inspections as are necessary to determine that public sidewalks within the Village are kept in repair and safe for pedestrians. If he finds that any sidewalk abutting on private property is unsafe and in need of repairs, he shall cause a notice to be served, by certified or registered mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside within the Village or cannot be found therein, ordering such owner to have the sidewalk repaired and made safe within 30 days and stating that if the owner fails to do so, the Village will have such work done and that the expense thereof must be paid by the owner, and that if unpaid the entire cost thereof will be made a special assess- ment against the property concerned. Subd. 3. If the sidewalk is not repaired within 30 days after receipt of the notice the Village Council shall by resolution order the sidewalk repaired and made safe for pe- destrians all in accordance with law. A record of the total cost of the repair attributable to each lot or parcel of property shall be maintained by the Village Clerk. Section 4. Street Sprinkling, Street Flushing, Street Oiling and Tree Care. Subdivision 1. The Council may each year determine by resolution what streets and alleys shall be sprinkled or flushed, oiled, or given other dust treatment during the year and the kind of work to be done on each. The Council may also determine by resolution from time to time the streets on which trees shall be trimmed and cared for, the kind -2- of work to be done and what unsound trees shall be removed. Before any work is done pursuant to either of these,resolu- tions, the Clerk shall, under the Council's direction, publish notice that the Council will meet to consider such projects. Such notice shall be published in the official newspaper at least once no less than two weeks prior to such meet- ing of the Council and shall state the date, time, and place of such meeting, the streets affected and the particular projects proposed, and the estimated cost of each project, either in total or on the basis of the proposed assessment per front foot or otherwise. Subd. 2. At such hearing or at any adjournment there- of, the Council shall hear property owners with reference to the scope and desirability of the proposed projects. The Council shall thereupon adopt a resolution confirming the original projects with such modifications as it con- siders desirable and shall provide for the doing of the work by day labor by Village employees or by contract. A record of the cost and the portion of the cost properly attributable to each lot and parcel of property abutting on the street or alley on which the work is done shall be maintained by the Village Clerk. Section 5. Street Lighting System. The Village Clerk shall keep a record of the cost of operation of the street lighting system for the 12 months preceding July 1 of each year and the portion of the cost determined by the Village Council to be properly attributable during that period to each lot and parcel of property abutting on-the street or alley in which the system is located. All such costs shall be collected in the manner provided by this ordin- ance. Section 6. Personal Liability. The owner of property on which or adjacent to which a current service has been per- formed shall be personally liable for the cost of such ser- vice. As soon as the service has been completed and the cost determined, the Village Clerk or other designated of- ficial shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the Village Clerk. _ Section 7. Assessment. On or before September 1st j J of each year, the Clerk shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this ordin- ance. The Council shall then levy such charges against the property or properties so benefited as a special assessment pursuant to the provisions of Minnesota Statutes, Section 429.101. Such assessments shall thereupon be certified by the Village Clerk to the County Auditor of Dakota County, and the same shall be collected the following year along -3 - with current real estate taxes and the collection thereof enforced in the same manner, in all respects, as such real estate, subject to like penalty, costs and interest charges. Section 8. Penalty. Any person who maintains a nui- sance in violationT of Section 2 and any person who interferes with a Village employee or other authorized person in the performance of any current service under this ordinance shall be guilty of a misdemeanor. If convicted of such violation, such person shall be subject to a fine of not more than $100 or imprisonment for not more than 90 days. Section 9. Separability. In case any section of this ordinance is held invalid by a Court or competent juris- diction, the invalidity shall extend only to the section affected and other sections of the ordinance shall contin- ue in full force and effect. Section 10. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication. Adopted by the Council this 4 day of all._rO4�, 1966. THE VI GB MENDOTA HEIGHTS By Donald L. Huber Mayor ATTEST: William F. C-1 s C ler