Memo- Nuisance Abatement
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Memorandum
I Community Services Department I
To:
Hopkins City Council
Jim Genellie
January 6,2000
Nuisance Abatement
From:
Date:
Subject:
Nuisances are defined and controlled through the following sections of the City
Code:
Section 615 which covers general nuisances and Section 13251 which covers
junk cars. There are also miscellaneous provisions of the zoning code that deal
with such things as outside storage and home occupations.
In the last two years the Inspection department has dealt with over 600
nuisances. Over 60% are unlicensed or junk vehicles.
1998
385 total written complaints
-229 unlic. or junk vehicles
156 general nuisances
1999
254 total written complaints
-177 unlic. or junk (75 not tagged yet)
77 general nuisances
1 1325.01, Subd. 6. "Junk car" means any motor vehicle which is
not in operable condition, partially dismantled, used for sale of parts
or as a source of repair or replacement parts for other vehicles, kept
for scrapping, dismantling, or salvage of any kind, or which is not
properly licensed for operation within the State of Minnesota.
1325.03. Parking or storage for Repair, or Maintenance of Bus,
Camper, Truck, Tractor, Semi-Trailer, Racing or Junk Cars or other
Vehicles on Public and Private Property. No person shall cause or
permit the parking, keeping or storage for more than two hours of any
bus, camper, truck, tractor, semi-trailer, racing or junk cars or other
similar vehicles for the purpose of repair, replacement or exchange of
parts or any other maintenance work thereon, in or on any public
street, alley, road, highway, parking lot, park or other public
property or premises in or on any private lands or premises unless such
vehicles on any such private lands be within an enclosed building.
1
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While over 90% are cleaned up after the owners are notified there are a few that
take a long time to address. Failure of a property owner to remove junk cars or
clean up debris means that the complaint will eventually end up in District Court.
This process is slow and expensive. The City has spent at least $1,000 on legal
fees in 1999.
The current problems with nuisance abatement in Hopkins include:
. The amount of time it takes to resolve some of the nuisances.
. Unclear language in the statutes about what constitutes a nuisance.
The amount of time it takes to resolve nuisances.
When property owners refuse to voluntarily abate a nuisance the City of Hopkins
uses either a criminal citation procedure or a nuisance abatement process to
compel property owners to resolve nuisances.
Either of these methods tends to be cumbersome and expensive.
The City of Minnetonka has successfully used a system they call "City Court".
Minnetonka describes City Court as "an alternative means of enforcing city
ordinances. City Court citations are issued instead of District Court citations. The
alleged violators may either pay the fine established by the City Councilor may
request a hearing. Hearings are held before neutral hearing officers, who are
lawyers that neither live nor work in Minnetonka. In limited situations, a
dissatisfied offender may appeal a hearing officer's decision to the City CounciL"
Minnetonka has used this system since 1995. It has not only helped expedite the
nuisance abatement process but has generated over $6,000 to help pay the cost
of nuisance abatement.
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Advantages
recess IS qUlc
Penalties are certain
Generates income that
helps offset cost of
nuisance abatement
Isadvantages
Does not assure that
nuisance will be abated
(although non-
compliance will result in
increased fines)
NUIsance Abatement
Process
equlres pub IC earing
Requires court action
No income generated
ReqUires court action
No income generated
ReqUIres court action
Process is slow
Penalties are uncertain
No income generated
. Additional information about City Court is attached.
2
. Unclear language in the statutes about what constitutes a nuisance
60% of the nuisances involve unlicensed or junk cars. In addition there is growing
problem with cars that are parked in side yards and back yards. Cars that are
stored outside during the winter are responsible for an increasing amount of
complaints. (Attached are pictures of some of the nuisance vehicles)
Ordinance changes which would especially help with this last issue include:
. No more than four vehicles per lawful dwelling unit may be parked or stored
anywhere outside on R-1 and R-2 zoned property, except as otherwise
permitted or required by the City because of non-residential characteristics of
the property. This maximum does not include vehicles of occasional guests
who do not reside on the property.
. Vehicles which are parked or stored outside must be on a paved or graveled
parking or driveway area.
. All vehicles, watercraft, and other articles stored outside on residential
property must be owned by a person who resides on that property. Students
who are away at school for periods of time but still claim the property as their
legal residence shall be considered residents on the property.
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Ordinance changes that would help address the general accumulation of junk
include:
.
No person may place, store, or allow the placement or storage of ice fish
houses, skateboard ramps, playhouse, or other similar non-permanent
structures outside continuously for longer than 24 hours in the front-yard area
of residentially-zoned property.
No person may place, store, or allow the placement or storage of pipe,
lumber, forms, steel, machinery, or similar materials, including all materials
used in connection with a business, outside on residentially-zoned property,
unless shielded from public view by an opaque cover or fence.
.
An additional issue that has recently arisen relates to home occupations. The
zoning code defines home occupations as "a gainful enterprise, skill or
profession, not including garage sales, conducted in a dwelling or accessory
buildings by residents family thereof, provided no evidence of such activity is
visible from the public street and no permanent revolving inventory of
merchandise is maintained and no material, equipment, products, or other items
related to the home occupation are stored or displayed outside."
The following is an example of more detailed language regarding home
occupations:
.
3
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Roseville City Code - Home Occupations:
1.Purpose: The purpose of the home occupation regulations is to provide an
opportunity for home occupations, while ensuring that such home occupations do
not have an adverse impact on the character and livability of the surrounding
neighborhood. The home occupation regulations also ensure that the home
occupation is secondary and subordinate to the principal residential use of the
property.
2.Standards: Home occupations shall be subject to the following standards:
a.Home occupations shall only be conducted by the resident of the dwelling, and
within the principal residential structure or dwelling. Not more than thirty percent
(30%) of the floor area of the dwelling, to a maximum of six hundred (600) square
feet, may be used for such purposes. The home occupation shall be conducted
entirely within the dwelling. An accessory building shall not be used to operate a
home occupation.
b.Only the resident owner(s) or tenant(s) of the dwelling, and not more than one
nonresident employee or full-time equivalent (FTE), shall be engaged in the
conduct of the home occupation on the premises at any time. For purposes of
this provision, "nonresident employee" shall include an employee, business
partner, independent contractor, or other person affiliated with the home
e occupation who visits or works at the site as part of the home occupation.
c.The home occupation shall be clearly incidental and secondary to the use of
the dwelling for residential purposes. Exterior alterations or modifications that
change the residential character or appearance of the dwelling to allow exterior
business identity shall not be allowed. Interior alterations or modifications that
eliminate the kitchen, living room, any of the bedrooms or bathrooms of the
dwelling shall not be allowed.
d.There shall be no exterior display or storage of equipment or materials used in
the operation of the home occupation.
e.The required off-street parking for the residential use shall not be reduced or
made unusable by the home occupation. The home occupation shall have a
maximum of two (2) additional vehicles to be parked on or near the property at
anyone time.
f.Shipment or delivery of products, merchandise or supplies shall be by single
rear axle straight trucks or similar delivery vehicles normally used to serve
residential neighborhoods.
.
g.Signage for the home occupation shall be subject to the requirements of
subsection 1 009.04A 1 of this Title.
4
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h.The operation of the home occupation, as it is apparent to adjacent residential
uses and including the movement of business vehicfes, shall begin no earlier
than eight o'clock (8:00) A.M. and end no later than eight o'clock (8:00) P.M.
i.There shall be no indication of offensive odors, noise, vibration, dust, or heat
beyond the boundaries of the residential lot occupied by the home occupation.
j.The following activities shall be prohibited as home occupations:
(1 )The operation of any wholesale or retail business unless it is conducted
entirely by mail and does not involve the sale, shipment or delivery of
merchandise on the premises. The sale of products incidental to the delivery of a
service is allowed (such as the sale of computer discs by a computer software
consultant).
(2)Any manufacturing, stamping, grinding or power tool business. Motor vehicle
repair, tuning, service, painting, or body shops.
(3)The operation of a barber or beauty shop, except as allowed by conditional
use permit.
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(4)The sale, lease, trade, or transfer of firearms or ammunition by a firearms
dealer.
(5)Headquarters or dispatch centers where persons come to the site and are
dispatched to other locations. (Ord. 1212, 10-12-1998)
H. Repairs: There shall be no commercial automotive repairs on a lot in a
residence district. (Ord. 758, 6-23-1975)
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Council Work Session 1
1 Truck/trailer w/snowmobiles parked in front yard setback
3 cars stored
3. Car parked on grass next to house
4. Covered car on grass
5&6. Junk truck with exp tabs
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1. Car on grass
2. No plates-car on grass in backyard-
. Exp tabs
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1 thru 5-Nenadich-tires on side of house, pipes, shower and commercial trucks in back yard
. covered van
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COUNCIL 12
1. & 2 Numerous bldgs covered JUNK-no garage door/covered w/canvas
~ Grey car on grass exp tabs
. parked on grass-being stored
5. 6-8 vehicles( cars/trucks) homeowner works on them I doubt if they are licensed-sent to city
attorney in 98 ??????
6. covered truck on grass
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COUNCIL 14
1. Exp tabs on grass
s\, Thru 5 Lawn service and snowplow service being run out of this house-trailers in yard/trucks, etc
Large boat and smaller one-car on grass
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COUNCIL 16
1" Junk @ green bus house
'Green bus w/exp tabs in yard/boat
. thru 6 This guy has 7 covered vehicles in yard and drive-motorcycles on porch-snowmobiles-has
been ticketed, but brings them all back or claims he drives them all
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COUNCIL 17
1. Kendrick
2. Green bus again and boat
Commercial truck
4. & 5 Covered car
6. Exp tabs-on grass
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COUNCIL 21
1. exp tabs-truck in yard on grass
2 snowmobiles on grass-car parts all over
boat on grass
4. Commercial property with cars on blvd-exp tabs-"Automotive Machinery Specialties"
5. 5. Bus on grass in yard
6. Exp tabs on truck
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COUNCIL 23
1 thru 3 Salt company-fence is in bad shape
4L Sewards-Numerous parts of carslots of junk-exp tabs or no licenses-looks bad-sanding cars outside
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COUNCIL 24
1 thru 4 Sewards
~ Ectech -storage covered outside
6. Dnlic. Cars @ Cat House-I believe they're doing body work and painting again
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COUNCIL 29
1. Hopkins Mainstreet motor-junbk all over on side ofbldg-Licensed for what type of business
':L Thru 5 -2 vehicles with exp tabs on grass(one up next to house-rec'd complaint)-broken out
window on truck-has not moved for quite awhile-junk all over along garage
6. Auto shop on mainstreet-numerous unlic vehicles stored-have not moved
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APPLICATION FOR 1997
LEAGUE OF MINNESOTA CITIES
CITY ACHIEVEMENT AWARD
MINNETONKA CITY COURT
1. Category.
Public Safety, city over 10,000 population.
2. Program Description.
City Court is an alternative means of enforcing city ordinances. City Court citations
are issued instead of District Court citations. The alleged violators may either pay the
fine established by the City Councilor may request a hearing. Hearings are held before
neutral hearing officers, who are lawyers that neither live nor work in Minnetonka. In
limited situations, a dissatisfied offender may appeal a hearing officer's decision to the
City Council.
3. Strategy (Purpose/Process).
City staff perceived certain problems with using District Court citations to enforce city
ordinances. There was usually significant delay_ Judges were not familiar with the
city ordinances. Ordinance violations were over-shadowed by the heavy caseload of
state law violations.
Alleged violators also perceived certain problems with District Court enforcement.
They were labeled as "criminals" for what appeared to be administrative regulations.
If they wanted to contest a citation, they had to take time out of a work day to appear
at court and had to wait for long calendars.
Staff approached the city attorney with the suggestion tor an administrative
enforcement program. Recognizing that this was not specifically authorized by state
law, the city attorney took the matter to the Charter Commission to discuss whether
it was a good idea and whether the charter should be amended to specifically authorize
the program. The Commission considered the matter not only from the perspective
of enforcement staff, but also from the perspective of the alleged violators. It relied
on the expertise of certain Commission members, including an administrative law judge
and a former prosecuting attorney.
The primary barrier was how to collect fines if people refused to pay. The Charter
Commission decided that this should be handled in the following ways:
1
.
.
.
a.
Fines can be assessed against property in Minnetonka if the violation
occurred on the property and the offender was the property owner (by
authority of a charter amendment).
b. No city approvals of any kind can be granted to a violator if fines
remained unpaid.
c. Failure to pay a fine is grounds for suspending or revoking a license.
d. There will be a late payment fee of 10% for each month.
e. The city may commence a collection action.
f. Failure to pay a fine is a misdemeanor subject to prosecution in District
Court.
Although the last of these involves going back to District Court which the program is
trying to avoid, the Commission believed that this would be a very small percentage
of the cases and that for the large majority of cases the program goals could be
achieved.
The Commission prepared a proposed charter amendment and an ordinance to
authorize the program. The Council agreed to experiment with the program and asked
the Commission to oversee the implementation.
4. Goals and Objectives.
The program seeks to provide a new mechanism for the enforcement of city
ordinances, that is prompt, fair, and user-friendly.
5. Implementation.
The Charter Commission examined another city's administrative enforcement process
that uses city staff members as hearing officers. The Commission felt this system
created the appearance of biased decision~makers and that an alternative mechanism
must be "pristine" in its neutrality in order to be accepted by the community. The
Com mission decided that the decision-makers had to be independent people who
neither worked nor lived in Minnetonka. They also decided that the decision-makers
should be lawyers because they are trained in interpreting laws and could address any
legal issues that might be raised. They solicited and received over 100 applications
from lawyers willing to serve for a limited fee of $100 for a half day or evening. The
Commission also felt that the City Court should be offered in the evening to be more
"user-friendly" for alleged violators.
2
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.
.
After the Commission established the parameters and selected the hearing officers for
the new system, the City Council adopted a fine schedule, and staff developed forms
and procedures to implement the program, Staff prepared a booklet explaining City
Court in simple English that is provided to the alleged offender with each citation.
Training sessions were conducted with each of the code enforcement departments,
and written instructions for completing the citation were provided. Feedback forms
were created for the alleged violator, the code enforcement officer, and the hearing
officer to gather information evaluating the program. General articles regarding City
Court were included in the city's community newsletter and the local newspaper. The
program started operating in September 1995.
6. Budget.
Expenses to begin the program totaled $369.48 for printing of booklets and citations.
From the program's inception in September 1995 through March 1997, fine revenues
have totaled $5650.00, with direct expenses of $1465.13. Direct expenses have
been in two categories: $600 for hearing officer fees and $865.13 for printing.
Indirect expenses for staff administration have been easily covered by the difference
between revenues and expenses.
7. Results/Evaluation/Applicability to Others.
Through March 1997, there have been a total of 51 cases processed in Minnetonka
City Court. Only six have requested hearings. There have been no appeals to the City
Council. Types of violations have been:
Animal
Building code
Foodlhealth code
Miscellaneous
Nuisance
Zoning
11
13
1 1
3
5
8
Citizens, staff members, and hearing officers have uniformly rated the program
positively. The City Court program has provided a prompt and fair mechanism for
enforcing city code violations. It is a more user-friendly system for citizens, offering
evening hours and avoiding the "criminal" label. It has paid for itself.
Cities of all sizes could implement the program. It may be particularly appropriate for
a small city that does not have its own police department, The City Council could
adopt an ordinance to authorize non-sworn staff members to issue a city court citation
for ordinance violations.
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.
8.
Summary Statement.
Minnetonka City Court is an alternative means of enforcing city ordinances. City Court
citations are issued instead of District Court citations. The alleged violators may either
pay the fine established by the City Councilor may request a hearing. Hearings are
held before neutral hearing officers, who are lawyers that neither live nor work in the
community.
The City Court program has provided a prompt and fair mechanism for enforcing city
code violations. It is a more user-friendly system for both staff and citjzens, and it has
paid for itself.
4
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,
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MEMORANDUM
TO;
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THROUGH; KATE MAGREW, CITY CLERK
FROM; KATHY MCCULLUM, ADMINISTRATIVE COORDINATOR/DEPUTY CITY
CLERK
DATE: SEPTEMBER 25, 1998
SUBJECT: UPDATE ON THE CITY COURT PROGRAM
CIT A TIONS ISSUED
Listed below are the City Court citations issued from September, 1995 to the present.
. __ n.. ..' '. ..
. . --. .
., . ,_.. . ..
.. .. . --. .." --'- - ,.' .. .
. -.-..' '- -- - - ..." -- ", .
.. . .' , . .'
. -. .
......NumberolCitatiooslssued.. .
. ..
.' . -. . . .
. . .
. - . ....
. . .
. Violati?nCategory. .....
Animal
14
15
20
Building, Plumbing, Electrical
Health
Nuisance
17
16
3
85
Zoning
Miscellaneous
TOT AL:
HEARINGS, COSTS, AND fiNES
Eleven City Court hearings have been held. The City has incurred a total of $1,100.00
in hearing officer fees and $865.13 in printing expenses for the program. The City has
received $8,295.00 in fines since the program began.
H:\WP\COURTIREPORT6
.,
}