HomeMy WebLinkAboutCity Council Ordinance 1960-07VILLAGE OF PLYMOUTH
ORDINANCE NO. 00.7
An Ordinance Defining Nuisances,
Prohibiting Their Creation and
Maintenance. Providing Penal-
ties for the Violation Thereof.
Providing for the Abatement
Thereof and for the Collection
of Expenses Incurred in Such
Abatement. and Repealing Or-
dinance No. 55.7 of Chapter IN
The Village Council for the Vil-
lage of Plymouth, do ordain:
Section 1. Unwholesome Prem-
ixes and Occupations.
1.01. No person or persons shall,
within the limits of said Village
exercise, carry on, follow or en-
gage in or work at any business,
trade and calling or occupation
which shall be dangerous, hurtful,
unwholesome, offensive or un-
healthy to the neighborhood.
1.07. No person or persons shall,
within the limits of said Village
permit or suffer to be or remain,
offensive, nauseous, hurtful, dan-
gerous, unhealthy or uncomfort-
able to or for the neighborhood,
any outhouse, privy, vault, sewer,
private drain, sick or unsound
flesh, meat, fish, skin, carcass or
any other unwholesome or offen-
sive substance, liquid or thing
whatsoever, or upon his, her or
their premises or land, or prem-
ises or land occupied or used by,
or under control of him, her or
them.
1.03. No person or persons shall
keep within said Village any un-
dressed or dry hides, or offensive,
nauseous substance or liquid at
any place from whence the stench
thereof may reach the street, ave-
nue, alley, lane or public land, or
to any dwelling, and no owner or
occupant of any grocery, cellar,
tallow, packing house, meat shop,
soap factory, tannery, brewery,
distillery, and dye house, stable
or other place of business shall
suffer or permit any litter or gar-
bage to be thereon, or swept
therefrom upon any street, ave-
nue, lane or alley, nor suffer or
permit any foul, unclean, naus-
eous or offensive liquid or sub-
stance to pass therefrom, or from
any premises under their control
adjacent thereto, into, over or
upon any street, avenue, lane or
alley, or open drain, gutter or
sewer, or over or tion any pri-
vate grounds of any other person.
Section 2. Unhealthy or Offen-
sive Substances.
2.01. Except for manure for
agricultural or horticultural pur-
poses, no person or persons shall
leave, deposit or place, or cause to
be placed, left or deposited within
or upon any street, alley, lane,
avenue or public place in said
village, any dead animals or any
animal, vegetable, excrement or
other substance which is offensive
or unhealthy, nor shall the same
be left on any private ground or
which by decomposition shall be-
come offensive unless the same
be buried at least three (3') feet
under the surface of the ground.
2.02, No person or persons shall
permit, suffer or maintain or fail
to remove any offensive, nauseous,
hurtful, dangerous, unhealthy con-
dition resulting from a failure to
properly dispose of garbage, sew-
age, waste, debris or any other
unwholesome or offensive sub-
stance, liquid or thing whatsoever
upon any ground, private or pub-
lic, or to drop, cischarge, pass,
deposit or otherwise deliver the
same upon the premises of anoth-
er or public property.
2.03. No person shall place,
permit or cause to accumulate
upon any property whatsoever,
any substance affecting health,
any source of filth or any cause of
sickness.
Section 3. Dangerous Buildings.
3.01. All dangerous buildings
within the terms of thi,; Section
3 are hereby declared to .* public
and private nuisances add they
shall be repaired, vacated or de-
molished as hereinbefore or here-
inafter provided.
3.02. Any building or structure
which has any or all of the follow-
ing defects may be deemed a dan-
gerous building:
(a) Those whose walls or
other structural members list,
lean or buckle to such an ex-
tent that a plumb line passing
through the center of gravity
fails outside of the middle third
at its base.
(b) Those which, exclusive
of the foundation, show thirty-
three (33) per -cent or more, of
damage or deterioration of the
supporting member or mem-
bers, or fifty (50) per -cent of
damage or deterioration of the
non -supporting e n c I o s i n g or
out -side walls or covering.
(c) Those which have im-
properly distributed loads upon
the floors or roofs, or in which
the same are overloaded, or
which have insufficient strength
to be reasonably safe for the
purpose used.
(d) Those which have been
damaged by fire, wind or other
causes so as to have become
dangerous to life, safety, morals,
or the general health and wel-
fare of the occupants or the
r rri
people of the Village of Plym-
outh.
(e) Those which have be-
come or are so dilapitated, de-
cayed, unsafe, unsanitary or
which so utterly fail to provide
the amenities essential to decent
living that they are unfit for
human habitation, or are likely
to cause sickness or disease, or
to work injury to the health,
morals, safety or general wel-
fare of those occupying or using
the same.
(f) Those having light, air
and sanitation facilities which
are inadequate to protect the
health, morals, safety or gen-
eral welfare of human beings
who live or may live therein.
(g) Those having inadequate
facilities for egress in case of
fire or panic.
(h) Those which have parts
thereof which are so attached
that they may be dangerous to
and injure members of the pub-
lic or the property of others.
(i) Those which because of
their condition are unsafe, un-
sanitary, or dangerouss to the
health, morals, safety or gen-
eral welfare of the people of
this Village.
(j) Those buildings existing
in violation of any provision of
any ordinance of the village re-
lating to the construction of
buildings or the installation
therein or thereon of heating,
plumbing or electrical equip-
ment, appliances or devices.
3.03. The following standards
shall be followed in substance by
the Building Inspector and the
Village Council in ordering, re-
pair, vacation or demolition:
(a) If the "dangerous build-
ing" can reasonably be repaired
so that it will no longer consti-
tute a dangerous building un-
der this Ordinance, it shall be
ordered repaired.
(b) If the "dangerous build-
ing„ is in such condition as to
make it dLmgerous to the health,
morals, safety, or general wel-
fare of its occupants, it shall be
ordered to be vacated.
(c) Any "dangerous build-
ing" ordered to be vacrted shall
also be ordered to be either re-
paired or demolished.
(d) In all cases where a
"dangerous" building" cannot
be repaired so that it will no
longer exist as a "dangerous
building" under the terms (1
this Ordinance, it shall be or-
dered to be demolished
(e) In any case where a
"dangerous building" is 50 per-
cent damaged, decayed or de-
teriorated from its original con-
dition and construction, it shall
be ordered to be demolished.
(f) In each case when a
"dangerous building" is ordered
to be (1) repaired, (2) vacated
and repaired, (3) vacated and
demolished, or (4) demolished
U already vacant, a reasonable
time shall be specified within
which the ordered action may
readily be accomplished.
3.04. In the event that any
"dangerous building" is found
within this Village, the Village
Council, or such officer as may
be designated by said Council,
shall notify in writing by mail,
the owner, occupant, lessee, mort-
gagee, agent and all other per-
sons having an interest in said
building as shown by the records
of the County Auditor of the
County of Hennepin, of any build-
ing so found. Such notice shall
state the requirement that (1) the
owner must vacate or demolish
said building in accordance with
the terms of the notice and this
Ordinance, (2) the occupant or
lessee must vacate said building,
or may have it repaired in accord.
ance with the notice and remain
in possession, or (3) the mort-
gagees, agents or other persons
having an interest in said building
may at their own risk, repair, va-
cate or demolish said building or
have such work or act done, and
such notice shall state that such
persons shall be given such rea-
sonable time as may be necessary
to do or have done the work or
act required by the notice pro-
vided for herein.
Section 4. Abandoned Cesspool.
efc. No person or persona, shall
cause, permit or maintain any
abandoned cesspool or septic tank
without its being properly filled.
Section b. The maintenance of
any nuisance as heretofore de-
fined, or the doing of any acts
prohibited by this Ordinance,
shall be and constitute a menace
and a misdemeanor, and any per-
son so doing shall be guilty of a
misdemeanor and upon conviction
thereof, shall be fined a fine of not
to exceed $100.00, or be punished
by imprisonment for a term not to
exceed 90 days. Each day that
said prohibited acts shall continue,
or such nuisance shall be main-
tained, shall constitute a separate
offense.
Seetba 6. If a nuisance as de-
fined herein shall be maintained,
the Village Council may notify in
writing by mail, the owner, occu-
pant, lessee, mortgagee, agent and
all other persons having an Inter-
est in said premises as shown by
the records of the County Audi-
tor of the County of Hennepin and
whose addresses can be ascer-
tained of said nuisance, said no-
tice to be published in the legal
newspaper of this ViIUW once a
week for two weeks and said no-
tice to state a date not sooner
than 30 days after said first publi-
cation of said notice and the mail-
ing thereof, for a hearing on the
abatement of said nuisanom If
the nuisance has not been abated
by the time of said hearing, the
Village Council may cause such
nuisance to be abated, including
the repair or demolishing of any
structure and shall cause the costs
of such abatement to be charged
against the land on which the
building existed as a municipal
lien, or cause such costs to be
levied by a special assessment
against the land to the extent
authorized by law.
Secllon 7. Ordinance Number
55-7 of Chapter 158 is hereby re-
pealed,
Socha 6. This Ordinance shall
be in full force and effect tWoad
and after its passage and publi-
catiow
Passed by the Village Council
of the Village of Pbmwuth. an
first reading, this 14th day of June,
1960.
Pored by the Village Coun-
cil and adopted on this 14th day
nt June, 1960.
/s/ Howard C. Anderson
Mayor
Attest:
/a/ H. F. Johnson
Village Clerk
(6/23 '60)