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CR 06-116 1st Reading Ordinance Amending Existing City Code Section 820, Maintenance & Repair of Walks, Aprons & Vegetation C\TY OF October 11, 2006 - HOPKINS Council Report 2006-116 First Reading Ordinance Amending Existing City Code Section 820, Maintenance and Repair of Walks, Aprons and Vegetation Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt for first readinq Ordinance 2006-974. amendinq City Code section 820. Overview. Each winter season there are several Central Business District property owners who do not clear their sidewalks soon enoug.h to allow Public Works crews to pick up the sidewalk snow during street snow clean-up operations. When this happens, besides causing hazardous conditions for pedestrians, when the snow is finally shoveled into the street it is spread around by cars parking on the streets detracting from an otherwise cleared street. The current city ordinance requires snow/ice to be cleared within 12 hours after snowfall stops. A city employee inspects the CBD sidewalks for compliance within 12-24 hours of a snowfall. If sidewalks aren't cleared a tag notice is issued and the business owner or property owner has 48 hours to clear the snow or the City may remove it and charge the cost to the property. The problem is that by this time the city has completed its CBD snow clearing operations and, as previously mentioned, now the sidewalk snow is in the gutter creating problems. If the ordinance were revised to allow only 24 hours after the written notice, in most instances the City could clear those sidewalks prior to the snow removal and hauling operation. If approved for first reading, Staff will attempt to secure HBCA concurrence prior to second reading, scheduled for Nov 7. If the revision is approved, informational letters will be sent to all businesses/owners. Primary Issues to Consider. Business owner input Supportinq information. Ordinance 2006-974 Snow removal notice, previous year letter Steven J. Stadler, Public Works Director Council Report 2006-116 Page 2 Analvsis of Issues Business owner input To-date Staff has contacted Nora Davis, HBCA Board Secretary and Hopkins- Minnetonka Family Resource Center and Jason Gadd, HBCA Board President and NexGen Associates. Neither expressed concerns with the Ordinance change but are in the process of contacting other CBD business owners for feedback. CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2006-974 AN ORDINANCE AMENDING CITY CODE SECTION 820, MAINTENANCE AND REPAIR OF WALKS, APRONS AND VEGETATION, AS DESCRIBED THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Hopkins City Code 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 0 r 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 average height greater than ten inches as defined in Minnesota Statute 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 permi ts 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 48 hours following receipt of the notice and fu rther 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) 820.08 Central Business District Notice. Whenever the owner or occupant fails to remove snow/ice accumulation from abutting sidewalks and therefore permits the E.9-!l.!. in l!:.?n c.!!. __czL.. _?: ._.E~E.1j_ ~_I2Y:..:L~?E E~_!!:.~_E_~t.?:.!!: ~9 _ 4!1:.. ~~~ 1; ~_ C?.I!:. _~_?J} ~_ C?!?J _. ~1?:.~. <;; -!. !::Y_ J!3.!!:9:!: !: ._. .f? ~.~y'e. __ notice upon said owner or occupant by registered mail or personal service ordering such maintenance or removal within 24 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 !!P~c~9:_~__?S~f~.ssment against the property concerned as hereinafter provided. (Amended Ord. 06-974) 820.09 Assessment. On or before September 1 of each year, the City shall list the total of al I 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 Stat ute 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. First Reading: Second Reading: Date of Publication: Date Ordinance takes effect: October 17, 2006 November 7,2006 November 16, 2006 November 16, 2006 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date City ojCJ-fopkins 1010 :First Street South J{opf(jns/ M!J{, 55343-7573 · Plione: 952-935-8474 :Fat(; 952-935-1834 WeG aiefress: www.fwpf(jnsmn.com November 30,2004 Dear Business Owner/Manager Winter is once again upon us. The goal of the City and businesses is to have the cleanest, safest streets and sidewalks in the downtown area this winter season. Only by working together can we achieve this goal. The timing of your sidewalk snow plowing/shoveling is critical to our success. I n order to keep the parking lanes clear of snow, your sidewalk snow must be moved into the street gutter area prior to City crews starting the street snow removal operation. Snow removal on Mainstreet and downtown avenues is normally done on the second morning after a major snow event. Hopkins City Code 820.03 requires an owner and/or occupant of any property adjacent to a public sidewalk to remove snow or ice within 12 hours of its deposit. If you handle your snow within this 12 hours, it will be removed from the gutter during the street clearing operation. If you don't, your sidewalk snow will stay in the parking lane causing inconvenience and unsafe conditions for motorists and pedestrians. An explanation of the City snow removal ordinance enforcement procedures is provided below. You may not push parking lot snow into any City street or alley. Owners are responsible for snow removal in these areas. SIDEWALK SNOW/ICE REMOVAL ORDINANCE - CITY ENFORCEMENT PROCEDUP<E: Reference City Code 820.03 A City employee will inspect sidewalks between 12 - 24 hours after the end of each snowfall. If a business hasn't cleared their sidewalk yet, a yellow tag notice and red snow violation notice will be personally delivered to the business owner or an employee of the business. The business owner has 48 hours after the receipt of this notice to complete sidewalk snow or ice removal. If not completed within 48 hours, the City will remove the snow/ice and a fee will be charged to the property owner. If unpaid, this fee will be assessed against the property. Thank you for your cooperation - we look forward to working with you this winter! Sincerel~ ~ Joe Fawcett Senior Engineering Technician 952 548-6357 ". Partnering wit/i tfr.e Community to 'En/ian.ce tfr.e Qyafity of Life + Inspire + 'Eaucate + InvoCve + Communicate .. ~ ""'.J r";:~' f{ . >,;~".' , .~_ '.:~ _ :::~~:;t~~~i~~'{;+~'J:j;-'i/;,",::.f ~.. -....~ .,:~ :~', . ,'(0 :,'" - ;~;';:\X;~}: r~' .'4- ;.". :t~~: ..: ~'.:: .:~:; .,.~. " /....' ~;~.... ~(v:. " :~,. .', :'. :., ,'. ?~...... 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