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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)