HomeMy WebLinkAboutCity Council Ordinance 1998-28CITY OF PLYMOUTH
ORDINANCE NO. 98-28
AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE, BY AMENDING
CHAPER 20, NUISANCES; GENERAL (98140)
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 2010.01 of the Plymouth City Code (Nuisances -
General) is hereby amended to read as follows:
2010.01. Nuisances. Subdivision 1. Defined. The following acts are declared a
public nuisance.
(a) Engaging in any business or activity which is dangerous, hurtful,
unwholesome, offensive or unhealthy to the neighborhood, or which
constitutes an annoyance to the persons in the neighborhood, or is
detrimental to the property in the neighborhood.
(b) Permitting, suffering, or maintaining, or failing to remove any offensive,
nauseous, hurtful, dangerous, unhealthy condition resulting from a failure
to properly dispose of garbage, sewage, waste, debris or any other
unwholesome or offensive substance, liquid or thing, upon one's premises,
or dropping, discharging, passing, depositing or otherwise delivering the
same upon the premises of another or public property.
(c) Constructing or maintaining or permitting or suffering upon one's property
any billboard, sign, poster, or advertisement, or to post, publish,
promulgate, broadcast, display, issue or circulate any insulting, profane or
abusive emblem, sign, or device, or blasphemous written or printed
statement, calculated or such as is likely to cause a breach of the peace.
(d) Displaying, circulating, issuing or publishing any slanderous or obscene,
immoral, or lewd pictures, posters, literature, writings, drawings or oral
statements.
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Page 2
(e) Permitting, suffering, or maintaining any fence, wall, plantings, landscape
materials, or any other item above a height of three (3) feet within the
traffic sight visibility triangle.uxop y f,00+ 4 aay susw ,.igh4_,.9 way ,.,,,..,o,
The traffic sight
visibility triangle is described as beginning at the intersection of the
projected curb line of two intersecting streets or drives, thence thirty (30)
feet along one curb line, thence diagonally to a point thirty (30) feet from
the point of beginning along the other curb line.
Subd. 2. Abatement. Whenever the officer who is charged with enforcement
determines that a public nuisance is being maintained or exists on premises in the city,
the officer shall notify in writing the owner and occupant of the premises of such fact and
order that such nuisance be terminated and abated. The notice shall be served in person
or by certified or registered mail. If the premises are not occupied and the owner is
unknown, the notice may be served by posting it on the premises. The notice shall
specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days,
within which the nuisance is to be abated. If the notice is not complied with within the
time specified, the enforcing officer shall report that fact forthwith to the council.
Thereafter, the council may, after notice to the owner and occupant and an opportunity to
be beard, provide for abating the nuisance by the city. The notice shall be served in the
same manner as notice by the enforcing officer is served and shall be given at least ten
days before the date stated in the notice when the council will consider the matter. If
notice is given by posting, at least 30 days shall elapse between the day of posting and the
hearing.
Subd. 3. Recovery of Cost. The owner of premises on which a nuisance has been
abated by the city shall be personally liable for the cost to the city of the abatement,
including administrative costs. As soon as the work has been completed and the cost
determined, the City Clerk or other official designated by the council shall prepare a bill
for the cost and mail it to the owner. Thereupon the amount shall be immediately due
and payable at the office of the City Clerk.
Subd. 4. Assessment. If the nuisance is a public health or safety hazard on
private property, the accumulation of snow and ice on public sidewalks, the growth of
weeds on private property or outside the traveled portion of streets, or unsound or insect -
infected trees, the clerk shall, on or before September 1 next following abatement of the
nuisance, list the total unpaid charges along with all other such charges as well as other
charges for current services to be assessed under Minnesota Statutes, Section 429.101
against each separate lot or parcel to which the charges are attributable. The council may
then spread the charges against such property under that statute and other pertinent
statutes for certification to the county auditor and collection along with current taxes the
following year or in annual installments, not exceeding ten, as the council may determine
in each case.
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Page 3
Subd. 5. Penalty. Violation of this Subsection is a Misdemeanor. The imposition
of one penalty for any violation of this Section shall not excuse the violation, or permit it
to continue. Each ten days that prohibited conditions are maintained shall constitute a
separate offense.
Section 2. This Ordinance shall be effective immediately upon its passage.
FURTHER, the City Council hereby rescinds the Intersection Sight Obstruction Policy
adopted by the City Council on October 28, 1988, based on the finding that the policy
has been incorporated into Section 2010.01 of the Plymouth City Code and Section
21105.05 of the Plymouth Zoning Ordinance.
ADOPTED by the City Council this 2' day of September, 1998.
J yc,96yn . Tierney, Mayor
ATTEST:
4Lquie. Ahrens, City Clerk