1995-772
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ORDINANCE 95-772
An ordinance relating to maintenance of vegetation; repair
or replacement of walks and aprons; repealing in its entirety
section 820 - Assessable Current Services of Chapter VIII of the
Hopkins City Code as follows and replacing it with the following:
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
Section 820- Maintenance and Reoair of Walks. Aorons and
Veaetation
820.01. Definitions.
Subd. 1. -Current Service". The term means the removal from
sidewalks accumulation of snow, ice, dirt and rubbish; cut or
eliminate weed growth, grass or other rank vegetation.
Subd. 2. -Drivewav Aoron-. The term means the driveway area
providing access to the property of an owner or occupant
extending from a pUblic street curb cut to the boundary of the
property of said owner or occupant.
820.03. Walks And Weeds. The owner or occupant of property
adjacent to a public sidewalk, carriage walk, or driveway apron,
shall maintain such areas in a clean and safe condition for
pedestrians at all times and shall not allow snow, ice, dirt or
rubbish to remain thereon longer than 12 hours after its deposit.
Said owner or occupant shall further cut or remove weeds, grass
or other rank vegetation growth of an erage height greater than
ten inches as defined in Minnesota tatute section 18.171, Subd.
5.
820.05. Public Nuisance. Failure of the owner and occupant
to comply with the requirements of section 820.03 by allowing
such accumulations or growth shall be deemed to be a pUblic
nuisance.
820.07. Notice. Whenever the owner or occupant permits the
continuance of a public nuisance as defined in section 820.05,
the City shall serve notice upon said owner or occupant by
registered mail or personal service ordering such maintenance or
removal within ten days following receipt of the notice and
further notice that non-compliance will be followed by such
maintenance or removal by the City at the expense of the owner or
occupant and if unpaid, shall be made a special assessment
against the property concerned as hereinafter provided.
820.09 Assessment. On or before September 1 of each year,
the City shall list the total of all unpaid charges for each type
of current service against each separate lot or parcel to which
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they are attributable under this section. The City may then
spread the charges against the benefited property as a special
assessment pursuant to Minnesota statute section 429.101 and
other pertinent statutes for certification to the County Auditor
and collection for the following year with current real estate
taxes due on said lots or parcels.
820.11 The city shall repair or replace carriage walks and
driveway aprons when, in the opinion of the city Engineer and
subject to Council approval, such facilities are found to be in a
state of disrepair and pose a danger to the health and safety of
the Public. Costs incurred shall be assessed against benefited
property as a special assessment pursuant to Minnesota statute
429.
820.13. Unused or abandoned curb cuts and driveway aprons
shall be removed by the City and street, curb, gutter and
boulevard restored in the event of street reconstruction,
development or redevelopment of real property adjacent to such
curb cut and apron or upon determination by the city that such
unused or abandoned curb cut and apron impose a hazard to the
health and safety of the public. Cost~ incurred shall be assessed
against the benefited property as a special assessment pursuant
to Minnesota statute 429.
820.15. Notwithstanding the above provisions to the
contrary, the City shall repair or replace public sidewalks at
its own expense without cost to the owner or occupant of adjacent
property.
820.17 Violation. continuation of a public nuisance as
defined in section 820.05 in violation of this Ordinance or to
interfere with a City employee or other authorized person in the
performance of any current service following due notice to the
owner or occupant of such lots or parcels is a misdemeanor
violation of this Ordinance.
This Ordinance is effective on August 15, 1995.
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First Reading:
Second Reading:
Date of Publication:
Attest:
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Form and Legality:
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July 5, 1995
July 18, 1995
July 26, 1995
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Date