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Memo- Housing Program ChangesInspections Memorandum To: Honorable Mayor and Members of the City Council Copy: Rick Getschow, Jim Genellie, Steve Stadler, Craig Reid From: Merwyn Larson Date: August 13, 2006 Subject: Housing Program Changes At the July 11th Council study session, we were requested to further develop the Housing Code Enforcement recommendations made by staff. The recommendations fall into three areas: nuisance abatement; administrative citation; and, rental licensing. Staff could forward the recommendations for ordinance changes for nuisance abatement and administrative citations for attorney review and adoption. However, staff should take the rental-licensing program and ordinance changes to the rental property owners' organizations for their input before adoption hearings. Amend Hopkins Code Section 615 -Nuisance Abatement 1. The Inspections and Public Works Departments would like to expedite the removal of waste material placed at the designated collection location by amending Hopkins City Code Section 615.02, Subd.l to include: refuse material, defined as refuse not placed in the refuse cart, bulk refuse items that do not fit into the refuse cart, yard waste bags that do not have yard waste stickers on them and brush piles placed at designated pick-up location without appropriate arrangements made for collection. (See attached ordinance amendment to Section 61 S. 02 and Public Works memorandum of August 8, 2006, from Penny Cleve.) 2. The Inspections Department would like to expedite the nuisance abatement procedure found in Section 615.10. The new procedure calls for abatement immediately following the abatement deadline. The property owner is then notified of the cost of abatement, the intent to assess the costs and the opportunity to appeal the validity and amount of the special assessment before an administrative hearing officer appointed by the Council. The next level of appeal is to District Court. (See attached ordinance amendment to Section 615.10.) 3. Section 615.11 specifies the process for substantial abatements. The only change requested is that the threshold that defines substantial abatements be raised from two thousand to ten thousand dollars. This would allow more abatements under the expedited Section 615.10 and take into consideration the higher cost of abatements. The hearing processes for Section 615.11, Substantial Abatement Procedure, and Sections 615.12 Emergency Abatement Procedure will continue to held before the City council and are not revised by these ordinance changes. (See attached ordinance amendment to Section 615.11. ) Hopkins City Code Section 820.03 -Maintenance and Repair of Walks, Aprons and Vegetation Public Works staff would like to remove the last sentence of Section 820.03 that reads "Said owner or occupant shall further cut or remove weeds, grass or other rank vegetation growth of an average height greater than ten inches as dehned in Minnesota Statute Section 18.171, Subd. 5." Weeds and overgrown grass are currently identified as a nuisance in Section 615.02, Subd. 2. and abatement has been authorized in Section 615.08. (See attached ordinance amendment to Section 820.03.) Amend Hopkins City code Section 355 -Administrative Citations Section 355.01 Subd. 3. requires that the City Council adopt by resolution a schedule of fines for offenses initiated by administrative citation. In order to make the ordinance consistent with its intent, it is recommended that Section 355.15 be deleted in its entirety and a schedule of fines be adopted by resolution. Staff recommends that the minimum fine for the first offense be set at $200.00 unless specified otherwise in the resolution. In addition, language is inserted to clarify that each repeat or continuing violation within 24 months will be doubled up to a maximum of $2000.00. (See attached Section 355 deleting fee table and the Resolution Establishing Administrative citation Fines.) Amend Hopkins City code Section 407 -Rental Licensing Current situation 1. The City of Hopkins has approximately 5131 rental units: 696 single family, condo units 146 duplex units 108 townhouse units 4,181 apartment units The common areas of all apartment complexes are inspected annually and about 15-20 percent of the units in each building are inspected on a three-year cycle. The remaining 950 one and two family unit buildings are inspected usually in connection with a complaint. With the complaint load related to these units, a regular inspection cycle has not been implemented. The current rental-licensing ordinance requires that licensees deal with disorderly behavior of their tenants as a condition of the license. Some of the current property owners have instituted "best- management practices" which include improved leasing documents and screening techniques for tenant applicants. History has shown that maintaining housing stock in good condition and effectively dealing with tenant behavior are essential for improving. At the July 11th Council study session, staff was directed to develop options that would improve neighborhood livability in the City of Hopkins. Staff from the Inspections and the Police Department have collaborated and developed three concepts for your consideration. Each concept requires additional inspections and administration and contains the means to generate additional revenues to cover expenditures. Concepts 1. Inspect one and two family rental dwellings on a two near cycle and require that property owners use aCrime-Free Lease Addendum in their tenant leases and do background checks on prospective tenants. (Same as Level l in Concept 2). A housing inspector who doesn't need to deal with complaint investigation should be able to inspect and license 450 buildings per year. With 950 one & two family rentals in Hopkins, it is reasonable to expect atwo-year inspection cycle for this segment. Increasing the license fees from $20/building and $5/units to $100/building and $5/unit should generate adequate revenue to cover the added resource. With this fee structure, the increase in the building license fee would be born primarily by the users of the services. In addition to a two-year inspection cycle, it is recommended that the property owners be required to use an approved Crime-Free Lease Addendum in their tenant leases and do background checks on prospective tenants. 2. Use athree-level program of license fee reductions when property owners exceed minimum requirements of "best management practices". Level One Re uired Level Two Level Three 2 year inspection of 1 &2 famil units All Level One Requirements All Level Two Requirements Crime-Free Lease Addendum 8 hrs. Crime Free Multi-Housing Mana er Education (Phase 1) Crime-Free Multi-Housing Certification (Phases 2 & 3) Background checks on new tenants 50% attendance at HAMA meetin 100% attendance at HAMA meetin $100B1d - $6/Unit $75B1d - $5/Unit $50/Bld - $4/Unit 3. Implement a Repeat Nuisance Fee for services provided beyond three nuisance calls in a twelve month period for a dwelling unit (including owner occupied). A Repeat Nuisance Fee program could be implemented alone or in combination with any of the above-mentioned programs. A suggested administrative fee of $250 for all nuisance calls above three per 12-month period for a dwelling unit could be charged. The following is a rental licensing cost comparison for various sized rental buildings at the different levels: Current ($20/bld -$5/unit) Level 1 ($100/bld -$6/unit) Leve12 ($100/bld -$6/unit) Leve13 ($100/bld -$6/unit) Single Famil $20 $106 $80 $54 Du lex $20 $112 $85 $58 10 Units $70 $160 $125 $90 100 Units $520 $700 $575 $450 Attachments: Revised Nuisance Abatement Ordinance -Section 615 Revised Maintenance and Repair of Walks, Aprons and Vegetation Ordinance -Section 820 Revised Administrative Citations Ordinance -Section 355 Council Resolution -Establishing Fines for Administrative Offenses Cc: Elizabeth Page, Kathrine Magdal, Penny Cleve Section 615 - Nuisance Abatement 615.01 Definitions. Subd. 1. Abandoned building. Abandoned building shall mean any manuf actured home, building or portion of a building which has stood with an incomplete exterior shell for longer than three years or any building or portion thereof which has stood unoccupied for longer than one year and which meets one or more of the following criteria: a) unsecured, or b) boarded, or c) having multiple exterior Housing Code or Building Code violations. Subd. 2. Abatement deadline. Abatement deadline shall mean the date before which the nuisance must be abated as specified in a written order. Subd. 3. Dangerous structure. Dangerous structure shall mean any structure which is potentially dangerous to persons or property including but not limited to: a) a structure which is in danger of partial or complete collapse; or b) a structure which has any exterior parts such as chimneys, eaves, porches, siding, railings, or trim which are loose or in danger of falling; or c) a structure which has any parts such as porches, stairs, ramps, rails, balconies, floors, or roofs which are accessible and which are either collapsed, in danger of collapsing, or not able to carry their designed weight. Subd. 4. Enforcement Officer. Enforcement Officer shall mean the City Manager or his/her designee. Subd. 5. Extermination. Extermination shall mean the eradication of rodents and other vermin by any or all approved methods such as poisoning, fumigation or trapping. Subd. 6. Hazardous waste. Hazardous waste shall mean any waste material so defined by Minn. Stat. 116.06, Subd. 13 or described or listed as hazardous waste in Minn. Rules Chapter 7045, known as Minnesota Pollution Control and Hazardous Waste Division Hazardous Waste Rules. Subd. 7. Interested party. Interested party shall mean any owner of record, occupying tenant, or lien holder of record. Section 615 1 Subd. 8. Last known address. Last known address shall mean the address shown on the records of the Hennepin County Department of Property Taxation or a more recent address known to the Enforcement Officer. In the case of parties not listed in these records, the last known address shall be that address obtained by the Officer after a reasonable search. Subd. 9. Mail. Service by mail shall mean by depositing the item with the United States Postal Service addressed to the intended recipient at his or her last known address with first class postage prepaid thereon. Subd. 10. Noxious substances. Noxious substances shall mean substances, solid or fluid, which are offensive, detrimental to health, hurtful, or dangerous. Noxious substances shall include but not by limited to any dead animal, or portion thereof, putrid carcass, decayed animal matter, green hides, or any putrid, spoiled, foul, or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure. Subd. 11. Owner. Owner shall mean those shown to be owner or owners on the records of the Hennepin County Department of Property Taxation. Subd. 12. Personal service. Personal service shall mean service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient's residence or place of business with a person of suitable age and discretion. Subd. 13. Privy. Privy shall be any type of non-flush fixture for the receipt and storage of human waste including fixed units with vaults as well as portable units. Subd. 14. Property. Property shall mean any parcel of land whether vacant or not, whether any structure thereon is occupied or not, or whether submerged or not. Subd. 15. Ref use. Refuse shall mean all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and market and industrial solid wastes. Subd. 16. Refuse material. P.efuse material shall mean refuse nat placed - - ---- - ---- -- -------- - - - --- - - -- - - - -- -- - - - - - - in t..he refuse cart, bulk_rcfuse items that, da nat~fit_in'~a the rei'use card, vaGr waste bags that da nat have yard waste stickers an them and brush piles placed at designated picku;~ lacatian without appropriate arrangements rude far calluction. Subd. r1.7 ._____Responsible ~art~r._____A__responsible__ party__shall__ be__ any __one __or _____.- Deleted: 16 more of the following: 1 a) agent, b) assignee or collector of rents, c) holder of a contract for deed, d) a mortgagee or vendee in possession, e) receiver or executor or trustee, f) lessee, g) other person, firm, or corporation exercising apparent control over a property. Section 615 2 Hopkins City Code 615.01, Subd. 17 Subd. ,1~8. Unoccupied. An unoccupied building is a_ building which is not _____- Deleted:l~ being used for a legal occupancy or a building which has be ordered vacated by ' the City. Subd. 1~9_ Unsecured. Unsec_u_red shall mean o en to entr b unauthorized ~ ~ ~~ ----- ------------- - - - ------------------- p -----------------y ---y -------------------------_--- Deleted: is persons without the use of tools or ladders. ~'~ ~ ~~ ~ ~' "°""~-_1 Subd.~.0_._____Weeds.------- Weeds-_-shall- -mean useless--_ and---troublesome___ plants-_____,- Deleted: i9 ~ commonly known as weeds including noxious weeds such as cocklebur, burdock, tumble mustard, wild mustard, wild oats, Canadian thistle, oxeye daisy, quack grass, Frenchweed, and Russian thistle, and also including "Noxious Weeds" as defined in Minnesota Statutes Section 18.171, Subd. 5, as amended. 615.02. Nuisance. A nuisance shall mean any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the City or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other property located within the City of Hopkins. Nuisances shall include but not be limited to those set forth in this Section. Subd. 1. Refuse, refuse material, noxious substances, hazardous wastes. Refuse, noxious substances, or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried, or discharged upon, in, being discharged or flowing from any property, structure, or vehicle; except for: a) refuse deposited at places designated and provided for that purpose by the Hopkins City Code; b) refuse stored in accordance with provisions of the Hopkins City Code or vehicle parts stored in an enclosed structure; c) compost piles established and maintained in accordance with the regulations of the Department of Inspections; Subd. 2. Weeds. Grass or Weeds which have grown upon any property to a height of ten or more inches or which have gone or are about to go to seed. Subd. 3. Vermin harborage. Conditions which in the opinion of the Enforcement Officer are conducive to the harborage or breeding of vermin including materials stored less than 12 inches off the ground. Subd. 4. Vermin mice, skunks, snakes, cockroaches, or flies. infestations. Infestations of vermin such as rats, bats, grackles, starlings, pigeons, bees, wasps, Section 615 3 Hopkins City Code (Rev. 9/94) 615.02, Subd 5 Subd. 5. Sanitary structures. Structures for sanitation such as privies, vaults, sewers, private drains, septic tanks, cesspools, drain fields which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cesspools, or cisterns which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not meet the following criteria: a) the bottom and sides are cemented to make impervious to water, b) the bottom is at least six feet below grade, c) proper ventilating pipes and covers are provided, d) it is located at least 20 feet from any house, residence, building, or public street, e) it is cleaned at least once a year, and f) the property served is located such that connection to the public sewer is impractical. Subd. 6. Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings which are unsecured. Subd. 7. Hazards. Any thing or condition on the property which in the opinion of the Enforcement Officer may contribute to injury of any person present on the property. Hazards which shall include but not be limited to dangerous structures, abandoned buildings, open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators, or trapping devices. Subd. 8. Fire hazards. Any thing or condition on the property which in the opinion of the Enforcement Officer creates a fire hazard or which is a violation of the Fire Code. Subd. 9. Health hazards. Any thing or condition on the property which in the opinion of the Enforcement Officer creates a health hazard or which is a violation of any health or sanitation law. Subd. 10. Graffiti. Any writing, printing, markings, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, painted, drawn or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb or others structure or equipment on public or private property and which have the effect of defacing the property. (Added by Ord. #94-741) Subd. 11. Statute and Common Law Nuisances. Any thing or condition on property which is known to the common law of the land as a nuisance, or Section 615 4 which is defined or declared to be a nuisance by the Statutes of Minnesota or the Hopkins Code of Ordinances. 615.03 Violations. Subdivision 1. No person shall, directly or indirectly or by omission, create a nuisance. Subd. 2. No owner or responsible party shall allow a nuisance to remain upon or in any property or structure under his or her control. Section 615 5 Hopkins City Code 615.03, Subd. 3 Subd. 3. No owner of any truck, trailer, railroad car or flat, or other vehicle shall leave the vehicle standing on or along any street, highway, freeway, or railroad track, or other property within the City of Hopkins carrying or containing any refuse, noxious substance, or hazardous waste, except as otherwise permitted by the Hopkins Code of Ordinances. 615.04 Disclosure of responsible party. Upon the request of the Enforcement Officer or the City Clerk, a responsible party or owner shall disclose the name of any other responsible party or owner known to him/her. This shall include but not be limited to the persons for whom he/she is acting, from whom he/she is leasing the property, to whom he/she is leasing the property, with whom he/she shares joint ownership, or with whom he/she has any conveyancing contract. 615.05 Inspection of unoccupied buildings. An owner or responsible party shall, upon the request of the Enforcement Officer, provide the Officer with access to all interior portions of an unoccupied building in order to permit the Officer to make a complete inspection. 615.06 Order to cease. In the event that an Enforcement Officer observes a person creating a nuisance, the Officer may, after presenting proper identification, order that the person cease creating a nuisance. 615.07 Enforcement Officer authorized to enter. The Enforcement Officer shall be authorized to enter any property or structure in the City for the purpose of enforcing and assuring compliance with the provisions of this Chapter. 615.08 Authority to Abate Subd. 1. The City is authorized to abate nuisances in accordance with the procedures set forth in Sections 615.10, 615.11 and 615.12. All abatement costs incurred shall be charged against the property as a special assessment to be assessed and collected in the manner provided in Minnesota Statutes Section 429.101 or in any alternative manner provided elsewhere in Minnesota Statutes except that when a request is filed for a review of an emergency abatement the assessment hearing shall be replaced by the hearing provided for in Section 615.12. Subd. 2. Abatement may include but shall not be limited to removal, cleaning, extermination, cutting, mowing, grading, covering or filling dangerous unfinished or abandoned excavations, sewer repairs, draining, securing, boarding unoccupied structures, barricading or fencing, removing dangerous portions of structures, and demolition of dangerous structures or abandoned buildings. Subd. 3. Abatement costs shall include the cost of the abatement; the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and administrative costs. Section 615 6 Hopkins City Code 615.10 615.10. Abatement Procedure. Unless the nuisance is as described in Sections 615.11 or 615.12, the City may abate the nuisance by the procedure described below. Subd. 1. Order. The Enforcement Officer shall serve a written order upon the owner. The written order shall also be served upon any responsible party known to the Officer and may be served upon any party known to have caused the nuisance. The written order shall contain the following: a) a description of the real estate sufficient for identification; b) a description and the location of the nuisance and the remedial action required to abate the nuisance; c) the abatement deadline, to be determined by the Enforcement Officer ;~ allowing a reasonable time for the performance of any act required; ~-------------------------------------- ---------------------------- -------------- -----'t ' ,~) a statement that if the remedial action is not taken within the_ time_ J ;~ specified, the City will abate the nuisance and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as property taxes. Subd. ~. Abatement._____If the__remedial action is__not__takez~, the_City may abate the nuisance. Subd. 3. Notice of Abatement. Following abatezr~ent as set forth ir. SeCtiUTl E^i15.10, as soon as thc: casts incurred are known La Lhe Enforcement Officer, he/she shall serve writi:en notice upon the owr.Lr. The notice small a} a description of the nuisance, b) the _ action taken by the_ City, _and a notice of intent to assess the costs incurred in abatin the nuisance. The notice shall. contain: d) the_amount_and basis oL- the_abatiment casts, e) a statement that the owxz.er may request, l.~y writing to the Cite Clerk within ten {10} working days of the date of the notice, a hearing before an administrative hearing officer a~~~ointed by the City Council _to determine_ the _validity ,and amount of the~ro~osed assessznent~____._ _..__..._ __ __ ______.___ _ ___ __.__ __ _. a statement that the owner must fate w.ri.tten ob'ecti.ons to the assessment along with the request for the administrative hearing, g) a statement that the owner zz~ay appeal the assessment to district court within thirty (30) days after the adoption of the assessment Deleted: d) . a statement that the order may be appealed and a hearing before the City Council obtained by filing a written request with the City Clerk before the appeal deadline which shall be the abatement deadline designated in the order or seven calendar days after the date of the order, whichever comes first; and¶ Deleted: e Deleted: nor a request for a public hearing filed with the City Clerk Deleted: Subd. 2 ..Setting hearing date. In the event that an appeal is filed with the City Clerk, the City (Council shall within two 3weeks fix a date for a public hearing.¶ i~ Subd. 3..Notice. The City Clerk shall mail a notice of the date, time, place and subject of the hearing to the owner and known responsible parties. The City Clerk shall also notify the Enforcement Officer.¶ Subd. 4..Hearing. At the time of the public hearing, the City Council shall hear from the Enforcement Officer, and any other parties who wish to be heard. After the hearing, •the City Council may confirm or modify the order of the Enforcement Officer. In either case, if the Council's determination requires abatement, the City Council shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that if corrective action is not taken within the time specified, the City may abate the nuisance. The (City Clerk shall mail a copy i of this resolution to t(~ie ni Deleted: s Deleted: nor an appeal filed within the time specified Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted:~Bullets and Numbering Section 615 the City Council. at an annual meeting, and h} a statement informing -(:he_ owner of Lhe proC.risions of l~irr~esota Statutes Sections_435._193_to 435.195 and of the existence_or any -- --- ----- ----- --- - - -- -- -- ----- ---- -- deferment procedure. Subd. 4. Administrative Hearinc). The city shall designate one or more hearinc~__officers. Such hearing officers_ shall render decisions or. matters _befare thezri in arz impartial manner. The hearing - -sha:11 be ------------ ------------ --- ------ - ------ - -g---- q ----- - -- scheduled to occur within 45 days of receivin a re nest for a heari_rg. Notice of the hearing muse be mailed to the person reguesti_t;.g tk~e hearing at least 14 days in advance, unless a shorter time is accepted b~ all ~arties.~__The deci_s-or__of_the hearin~_officer will be mailed promp~.ly to tre appellant following the hearing. __It will include_tre hearing offi ce.r's decision, the amount due and state*_ne:zt Subd. 3 (g) of t-?-~i c anrti nn Subd. 5. Assessment of abatement costs. Exce L' as otherwise modified by_subd. 4. of this sectior_ the service charges imposed under subd. 3. -- --------------- -- - -- --- --------------------- -- ---- -- -- ---- ------------ of this section shall be assessed against the owner's ro erty and shall be payable in a single installment, or by up to ten equal installments as the counci-1 may provide. ~Iopkins_ City_Code___ _ _ _ 615.11__ __ _,___-- Deleted: ¶ -- -Page Break--------- 1~.......~ .___..-_ __ _._._ __._._....-..- 615.11. Substantial abatement procedure. When the Enforcement Officer determines that a nuisance exists on a property and the cost of abatement of the nuisance is estimated to exceed ~ten_thousand_dollars__or _the ab_atem_ ent_________________-Deleted: two involves demolition of a building other than a structure accessory to a residential building or the abatement substantially diminishes the value of the property and except in the case of an emergency as provided for in Section 615.12, the City shall abate the nuisance by the procedure described below. A good faith estimate of the abatement costs, not the actual cost calculated after the abatement is completed, shall be the basis which determines whether this abatement procedure shall be used. Subd. 1. Orders. The Enforcement Officer shall serve a written order upon the owner, all interested parties, and any responsible party known to the Officer. The order shall contain the following: a) a description of the real estate which is sufficient for identification and which shall include the legal description; b) the location of the nuisance on the property; c) a description of the nuisance and the basis upon which it is declared to be a nuisance; d) the remedial action required to abate the nuisance; e) the abatement deadline, to allowing a reasonable time and be determined by the Enforcement Officer for the completion of any act required; Section 615 8 f) a statement that if the remedial action is not taken before the abatement deadline, the matter will be referred to the City Council who, after a public hearing, may order the City to abate the nuisance and charge all costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Subd. 2. Notice to public. When an order requires, exclusively or as an option, the demolition of a building, the public shall be put on notice as follows. a) A copy of the order shall be placed on file in the Office of the City Clerk. b) The Enforcement Officer shall notify the City Council of each property subject to a demolition order as follows. The Enforcement Officer shall send to the City Council a list of the properties that have become subject to a demolition order. The list shall be in the form of a resolution declaring that an enforcement action has been commenced and that as a result of the nuisance status of a building on the property an order has been issued detailing the violations and requiring, exclusively or as an option, that the building be demolished and that a copy of this order is on file in the Office of the City Clerk. This resolution shall include the legal description of each property and shall authorize and direct the City Clerk to file a copy of the resolution with the Hennepin County Recorder. Hopkins City Code 615.11, Subd. 3 Subd. 3. Setting a hearing date. If the remedial action is not taken within the time specified in the written order, the Enforcement Officer may notify the City council that substantial abatement is necessary and appropriate. Upon being notified by the Enforcement Officer, the City Council shall, within two weeks, fix a date for an abatement hearing. Subd. 4. Notice. Written notice of the time, date, place and subject of the hearing shall be given as set forth in this subdivision. a) The City Clerk shall immediately notify the Enforcement Officer. b) At least ten days prior to the hearing, the Enforcement Officer shall notify the owner and all interested parties by personal service of the notice upon the owner or his/her duly authorized representative and upon each interested party or his/her duly authorized representative. If, after reasonable effort personal service cannot be made, either of the following methods of notice shall be considered adequate. 1) confirmed mail service which is either certified mail with a signed receipt returned or first class mail confirmed by written response. 2) mailing the notice to the last known address and publishing the notice once a week for two weeks in the official city newspaper of general circulation in the City of Hopkins and posting the notice in a conspicuous place on the building or property. Section 615 9 c) At least ten days prior to the hearing, the Enforcement Officer shall mail a notice to any responsible party known to the Enforcement Officer. Subd. 5. Hearing. At the time of the public hearing, the City Council shall hear from the Enforcement Officer and any other parties who wish to be heard. After the hearing, the City Council shall adopt a resolution, describing what abatement action, if any, it deems appropriate. If the resolution calls for abatement action it may either order the City to take the abatement action or fix a time within which the nuisance must be abated and provide that if corrective action is not taken within the specified time, the City shall abate the nuisance. The City Clerk shall give a copy of this resolution to the Enforcement Officer who shall mail copies to any of the parties required to be notified in Subd. 4 for whom the Enforcement Officer has a current mailing address. 615.12. Emergency Abatement Procedure. When the Enforcement Officer determines that a nuisance exists on a property and the nuisance constitutes an immediate danger or hazard which if not immediately abated will endanger the health or safety of the public and there does not exist sufficient time to follow the procedures of 615.10 or 615.11, the City may abate the nuisance by the procedure described below. Section 615 10 Hopkins City Code 615.12, Subd. 1 Subd. 1. Order by City Manager. The City shall order emergency abatement by an administrative order to be signed by the City Manager or, in the case of unavailability of the City Manager, by the official authorized to act in the Manager's behalf as established by the chain of authority stated in the City Policy Manual. A good faith effort shall be made to inform the owner that the action is being taken. Subd. 2. Notice of the abatement. Following an emergency abatement as soon as the costs incurred are known to the Enforcement Officer, he/she shall serve written notice upon the owner. The notice shall contain: a) a description of the nuisance, b) the action taken by the City, c) the reasons for immediate action, d) the costs incurred in abating the nuisance, and e) a statement that the owner may request, by writing to the City Clerk within ten working days of the date of the notice, a hearing at which the City Council shall review the actions taken by the Enforcement Officer. Subd. 3. Setting hearing date. In the event that the owner files a request for a review of the action, with the City Clerk, the City Council shall within two weeks fix a date for a public hearing. Subd. 4. Notice. The City Clerk shall notify the Enforcement Officer and the owner of the date, time, place, and subject of the hearing. Subd. 5. Hearing. At the time of the hearing, the City Council shall hear from the Enforcement Officer and any other parties who wish to be heard. After the hearing the City Council may adopt a resolution levying an assessment for all or a portion of the costs incurred by the Enforcement Officer in abating the nuisance. A copy of the resolution shall be mailed to the owner. A copy shall also be given to the Enforcement Officer. 615.13. Penalty. Any person who violates any provision of this Chapter or fails to comply with a lawful written order issued pursuant to Sections 615.10 or 615.11 or a lawful verbal order issued pursuant to Section 615.06 shall be guilty of a misdemeanor. 615.14. Other Remedies. This Chapter shall not be construed to establish the exclusive penalties for maintaining public nuisances or the exclusive procedure for nuisance abatement. Any penalties or abatement procedures that are authorized elsewhere in Minnesota Statutes or in the Hopkins City Code including, but not limited to, Ordinance Sections 820.03, 820.05 and 2005.59, shall be in addition to and not in limitation of the penalties and abatement procedures established by this Chapter. (Added Ord. No. 89-655) Section 615 11 Page 7. ~1~ DeNeted mlarson 8/7/20Q6 ~~:38~Q~ ~#+~ Subd. 2. Setting hearing date. In the event that an appeal is filed with the City Clerk, the City Council shall within two weeks fix a date for a public hearing. Subd. 3. Notice. The City Clerk shall mail a notice of the date, time, place and subject of the hearing to the owner and known responsible parties . The City Clerk shall also notify the Enforcement Officer. Subd. 4. Hearing. At the time of the public hearing, the City Council shall hear from the Enforcement Officer, and any other parties who wish to be heard. After the hearing, the City Council may confirm or modify the order of the Enforcement Officer. In either case, if the Council's determination requires abatement, the City Council shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that if corrective action is not taken within the time specified, the City may abate the nuisance. The City Clerk shall mail a copy of this resolution to the same parties required to be notified in Subd. 3 of this Section. Hopkins City Code (Rev. 6/98), 820.01 Section 820 - Maintenance and Repair of Walks, Aprons and Vegetation 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. Driveway Apron. The term means a driveway area providing access to the property of an owner or occupant extending from a public street to the boundary of the property of said owner or occupant. (Amended ord. 98-810) 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 . ~________ -- Deleted• said owner o~ 820.05. Public Nuisance. Failure of the owner and occupant to comply with the occupant shall further cut requirements of Section 820.03 by allowing such accumulations or growth shall be or remove weeds, grass or deemed to be a public nuisance. other rank vegetation growth ; of an average height greater ~ than ten inches as defined in Minnesota Statute Section 820.07. Notice. Whenever the owner or occupant permits the continuance of a 18.171, subd. S.y 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 48 hours following receipt of the notice and further notice that noncompliance 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. (Amended Ord.98-810) 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 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. Hopkins City Code (Rev. 6/98), 820.13 820.13. 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. Costs 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 Section was amended in its entirety by Ordinance No. 95-772)(Amended by Ordinance 98-810) PUBLIC WORKS Memorandum To: Honorable Mayor and Members of the City Council Copy: Rick Getschow, City Manager; Steve Stadler, PW Director; Merwyn Larson, Building Official From: Penny Cleve, Solid Waste Coordinator Date: August 8, 2006 Subject: Abatement of Refuse Left at Designated Pick-up Location & Edit Hopkins City Code 820.03 Abatement of Refuse Left at Designated Pick-Up Location The Housing Inspector routinely conducts Residential Code Compliance inspections through neighborhood sweeps, random inspections and address specific inspections based upon complaints from neighbors or reports from City employees. From January 1 through July 1, 2006, 244 notices of non-compliance were written. 20% of those notices were written to residential property owners or occupants who have placed waste material at their designated pick-up location (alley or boulevard), but have not made appropriate arrangements for collection. This material would include refuse not placed in the refuse cart or bulk refuse items that do not fit into the refuse cart, yard waste bags that do not have yard waste stickers on them and brush piles that have been left on the boulevard. If this material is left uncollected it becomes a litter issue, is unsightly and can create a health or safety hazard. Enforcement of these non-compliance issues is currently through the Administration Citation process. To summarize the process: Two written notices are issued to the resident If the issue is not corrected after two notices an Administrative Citation is issued The responsible party must either pay the scheduled fine or request a hearing within fourteen days after issuance The hearing must be scheduled within 45 days of receiving a request for a hearing The hearing officer makes a final decision based upon set criteria outlined in City Code 355 The Administrative Citation process has no provision for City abatement of this material if the resident does not make arrangements for removal. Amend Hopkins Code 615 to Provide for Abatement The Inspection Division and Public Works would like to expedite the removal of waste material placed at the designated collection location by amending Hopkins City Code 615.02, Subd.1 to include: refuse material (defined as refuse not placed in the refuse cart, bulk refuse items that do not fit into the refuse cart, yard waste bags that do not have yard waste stickers on them and brush piles) placed at designated pick-up location without appropriate arrangements made for collection. Having defined this material as a nuisance the City would then have the authority to abate the materials as stated in Hopkins City Code 615.08. The steps taken to determine if the material is a nuisance would be: 1. PW administrative staff is notified of residence where problem may exist (resident complaint, refuse driver of other PW staff report) 2. Staff checks records to see if pick-up arrangements have been made 3. If pick-up arrangements have not been made, a tag is left at the residence with a phone number to call to schedule or discuss disposal options 4. If resident does not contact PW staff and the material remains at the site it will be declared a nuisance and abatement procedures will begin 5. Written notice will be sent by certified, return receipt mail to the owner of residence asking for a response within 10 days 6. If a response is not received within the 10 days Public Works staff will remove the material and invoice the resident the appropriate charge for the service plus an administrative fee of $50.00. 7. If payment is not made the charges will be assessed against the property Hopkins City Code 820.03 Public Works staff would like to remove the last sentence of Hopkins City Code 820.03 that reads "Said owner or occupant shall further cut or remove weeds, grass or other rank vegetation growth of an average height greater than ten inches as defined in Minnesota Statute Section 18.171, Subd. 5." Weeds and overgrown grass are currently identified as a nuisance in Hopkins City Code 615.02, Subd. 2. and abatement has been authorized in Hopkins City Code 615.08. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 06- ESTABLISHING FINES FOR ADMII~TISTRATIVE OFFENSES AS REQUIRED IN SECTION 355.05 SUBD. 3. WHEREAS, the City Council has enacted City Ordinance Section 355, which establishes an administrative citation process for certain violation of the City Code; and WHEREAS, Section 355 Subd. 3 of the City Code provides that the City shall adopt by resolution a schedule of civil fines for violation of certain provisions of the City Code; and WHEREAS, the City seeks to establish a monetary penalty for noncompliance with notices for violation enforced by the various city departments; and NOW, THEREFORE, BE IT RESOLVED that the City Council establishes fines for non- compliance with violation enforced by the various city departments at $200 per violation unless specified otherwise below and that the fine maybe increase by 100% of the previous fine for repeat and continuing violations that occur in a one year period up to a maximum of $2000.00 per violation. Administrative Citation Fine Schedule Exceptions. Building Code Violations Health/Safety Violations $ 500.00 Building Exterior Maintenance $ 250.00 Environmental health violations Health/Safety Violations $ 500.00 Fire Code Violations, Generally Violations Requiring response from Fire Dept. $ 500.00 Health/Safety Violations $ 300.00 Housing Code Violations Major Violations $ 500.00 Specific: Building Condition $ 350.00 Light, Heat, Ventilation $ 350.00 Plumbing Rental of Dwelling Unit Without License Unregistered Multi-Unit Dwelling Public Nuisance Snow removal regulations Code Violations Not Listed Repeat Violation Within 12 Months Subd 2. Criteria for Major Violations a. Potentially critical impact on public health or the environment b. Potentially dangerous to human life or safety c. Continuing nature of violation d. Cost of restitution, repair or remediation exceeds $1,000.00 $ 350.00 $ 250.00 $ 250.00 $250.00 $ 50.00 $ 200.00 Double previous fine- Max. $2000 Adopted this day of 2006.