CR 06-120 Ordinance Amending Sections 615, 820 & 355 of the Hopkins City Code
October 13, 2006
Council Report 2006-120
ORDINANCE AMENDING SECTIONS 615, 820 & 355
OF THE HOPKINS CITY CODE
ProDosed Action
Staff recommends that the Council approve the following motion: Move to approve Ordinance 2006-975 for
first reading.
Approval of this motion will begin the process of amending Sections 615, 820 and 355 of the Hopkins City
Code to expedite the nuisance abatement process; add definitions and remove redundant language and,
increase and simplify administrative citation fees resulting in an improved overall appearance of the City.
Overview
1. Staff is recommending that Section 615 be amended to provide immediate abatement of nuisance
conditions following the deadline for removal and replaces the City Council appeal process with an
administrative hearing before a hearing officer. This amendment would make Section 615 similar to
the one used by the City of Minneapolis. Staff is also recommending that the threshold for defining
substantial abatements be increased in recognition of the higher costs to abate minor nuisance
conditions.
2. Public Works staff is recommending removal of the requirement to cut or remove weeds, grass or
other rank vegetation growth from Section 820.03. Weeds and overgrown grass are currently
identified as a nuisance and authorized for abatement in Section 615. It is also recommended that
that the definition of refuse be clarified.
3. Staff recommends that the minimum fine for the first offense be set at $200.00 unless specified
otherwise in the resolution and that language be inserted to clarify that the fine for each repeat or
continuing violation within 24 months will be doubled up to a maximum of $2000.00. It is also
recommended that the Administrative Citation Fine Schedule be deleted from Section 355 and a new
revised schedule of fines be adopted by resolution.
Primary Issues to Consider
What are the major changes to these ordinances?
SUDDortine Information
. Analysis of the issues
. Ordinance 2006-975
. Resolution 2006-070 ~' _
p/~-r) -~
Merwyn Larso~
Building Official
Analvsis of the Issues
1. The following is a summary of the major changes to Section 615:
Expedite abatement procedure. 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. (Section 615.10.)
Modify appeal procedure. An administrative hearing process replaces the City council appeal
hearing. The hearing officer is appointed by the City Council. The next level of appeal would be
District Court. (Section 615.10.)
Increase threshold for substantial abatements. The threshold that defines substantial abatements is
raised from two thousand to ten thousand dollars. This would allow more minor abatements
under the expedited Section 615.10 and take into consideration today's higher cost of abatements.
The hearing processes for Section 615.11, Substantial Abatement Procedure, and Sections 615.12
Emergency Abatement Procedure will continue to be held before the City council and are not
revised by these ordinance changes. (Section 615.11.)
2. The following is a summary of the major changes to Section 820:
Remove redundant language: 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 defmed 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. (Section 820.03.)
3. The following is a summary of the major changes to Section 355 and a new Resolution No: 070:
Move Administrative Fine Schedule to Council resolution. 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, Section 355.15 is deleted in its
entirety and a schedule of fines be adopted by resolution.
Set minimum administrative citation fine. In the resolution, the minimum fine for the first
offense is 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. (Section 355 & Resolution No: 070)
Alternatives
1. Approve Ordinance 2006-975 for first reading.
2. Do not approve Ordinance 2006-975 for first reading and direct staff to make changes.
Section 615 - Nuisance Abatement
615.01 Definitions. Subd. 1. Abandoned building. Abandoned building shall
mean any manufactured 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
porches, siding, railings,
falling; or
exterior parts
or trim which
such as
are loose
chimneys, eaves,
or in danger of
c) a structure
balconies,
collapsed,
weight.
which has any parts such as porches, stairs, ramps, rails,
floors, or roofs which are accessible and which are either
in danger of collapsing, or not able to carry their designed
Subd. 4. Enforcement Officer.
Manager or his/her designee.
Enforcement Officer shall mean the City
Subd. 5. Extermination.
rodents and other vermin by any
fumigation or trapping.
Extermination shall mean
or all approved methods
the eradication of
such as poisoning,
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.
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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 i tern 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.
vacant or not, whether any
submerged or not.
Property
structure
shall mean
thereon is
any parcel
occupied or
of land
not, or
whether
whether
Subd. 15. Refuse. 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. Refuse material shall mean refuse not placed
in the refuse cart, bulk refuse items that do not fit into the refuse card, year
waste bags that do not have yard waste stickers on them and brush piles placed at
designated pickup location without appropriate arrangements made for collection.
Subd. -1-617. Responsible party.
more of the following:
A responsible party shall be anyone or
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.
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Hopkins City Code
615.01, Subd. 17
Subd. ~18. Unoccupied. An unoccupied building is a building which is not
being used for a legal occupancy or a building which has be ordered vacated by
the City.
Subd. ~19. Unsecured. Unsecured shall mean open to entry by unauthorized I
persons without the use of tools or ladders.
Subd. ~20. Weeds. Weeds shall mean useless and troublesome plants
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. I. 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. Condi tions 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
bats, grackles, starlings,
of vermin
pigeons,
such as
bees,
rats,
wasps,
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(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 abuilding,
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
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.
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615.03, Subd. 3
Subd. 3.
vehicle
freeway,
carrying
except as
No owner of any truck, trailer, railroad car or flat, or other
shall leave the vehicle standing on or along any street, highway,
or railroad track, or other property wi thin the City of Hopkins
or containing any refuse, noxious substance, or hazardous waste,
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.
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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;
d) ~ ot~tement th~t the order m~y be ~ppe~led ~nd ~ he~ring before the
Ci ty Council obt~ined by filing ~ uri tten requeot lTi th the City Clerk
before the ~ppeal de~dline uhich oh~ll be the ob~tcment de~dline
deoignated in the order or oe~en o~len~r dayo ~fter the date of the
order, uhiche~er comeo firot; and
e~) a statement that if the remedial action is not taken nor a
requeot for a public hearing filed lTi th the City Clerk wi thin the
time 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. 2. Setting hearing ~te. In the e~ent that an appeal io filed
ld th the City Clerk, the City Council oh~ll ni thin t~TO neeko fix a ~te for ~
public he~ring.
SOOd. 3. Notice. The City Clerk oh~ll m~il a notioe of the ~te ,
time, place and oubj ect of the he~ring to the ouner and knolffi reoponoible
partieo. The City Clerk ohall ~loo notify the Enforoement Officer.
Subd. 4. Hearing. ht the time of the public he~ring , the City
Counoil ohall hear from the Enforcement Offioer, ~nd ~ny other partieD uho
lidoh to be heard. l\.fter the hearing, the City Counoil m~y oonfirm or modify
the order of the Enforcement Officer. In ei ther o~oe, if the Counoil' 0
determin~tion requireD ab~tcment, the City Council oh~ll, in the reoolution,
fix a time ui thin lfhich the nuioance muot be ab~ ted ~nd oh~ll pro....~ide th~ t if
oorreoti "'.Te aotion io not t~ken liTi thin the time opeoified, the Ci ty m~y ::1b\J. te
the nuio~noe. The City Clerk oh~ll m~il ~ oopy of thio reoolution to the
o~e partieo required to be notified in Subd. 3 of thio Seotion.
Subd. -3-2. Abatement. If the remedial action is not taken nor ~n
~ppc~l filed liTithin the time opeoified, the City may abate the nuisance.
SOOd. 3. Notice of Abatement. Following abatement as set forth in
Section 615.10, 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:
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a) a description of the nuisance,
b) the action taken by the City, and
c) a notice of intent to assess the costs incurred in abating the
nuisance. The notice shall contain:
d) the amount and basis of the abatement costs,
e) a statement that the owner may request, by writing to the City Clerk
within ten (10) working days of the date of the notice, a hearing
before an administrative hearing officer appointed by the City
Council to determine the validity and amount of the proposed
assessment,
f) a statement that the owner must file written objections to the
assessment along with the request for the administrative hearing,
g) a statement that the owner may appeal the assessment to district
court within thirty (30) days after the adoption of the assessment
by the City Council at an annual meeting, and
h) a statement informing the owner of the provisions of ~nnesota
Statutes Sections 435.193 to 435.195 and of the existence of any
deferment procedure.
Subd. 4. Administrative Hearing. The city shall designate one or more
hearing officers. Such hearing officers shall render decisions on
matters before them in an impartial manner. The hearing shall be
scheduled to occur within 45 days of receiving a request for a hearing.
Notice of the hearing must be mailed to the person requesting the
hearing at least 14 days in advance, unless a shorter time is accepted
by all parties. The decision of the hearing officer will be mailed
promptly to the appellant following the hearing. It will include the
hearing officer's decision, the amount due and statement Subd. 3(g) of
this section.
Subd. 5. Assessment of abatement costs. Except as otherwise modified
by subd. 4. of this section the service charges imposed under subd. 3.
of this section shall be assessed against the owner's property and
shall be payable in a single installment, or by up to ten equal
installments as the council may provide.
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Hopkins City Code
615.11
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 abatement
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 be determined by the Enforcement Officer
allowing a reasonable time for the completion of any act required;
and
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 subj ect 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.
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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.
I) 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.
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 wi thin 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.
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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)
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(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 adj acent 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.
S:Lid Olmer or oaaup:Lnt Dhall further out or remove lfeedo, gr:l.DD or other rank
.:eget:Ltion grmfth of an a.Jer::J:ge height greater than ten inoheD :1.0 defined in
~nneootQ St:Ltute Seotion 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 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
facili ties 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.
Section 820
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(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 adj acent 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)
Section 820
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Hopkins City Code
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Section 355 - Administrative Citations
355.01 Purpose. The city council finds that there is a need for alternative
methods of enforcing the city code. While criminal fines and penalties have
been the most frequent enforcement mechanism, there are certain negative
consequences for both the city and the accused. The delay inherent in that
system does not ensure prompt resolution. Ci tizens resent being labeled as
criminals for violations of administrative regulations. The higher burden of
proof and the potential of incarceration do not appear appropriate for most
administrati ve violations. The criminal process does not always regard city
code violations as being important. Accordingly, the city council finds that
the use of administrative citations and the imposition of civil penalties is
a legitimate and necessary alternative method of enforcement. This method of
enforcement is in addition to any other legal remedy that may be pursued for
city code violations.
355.03. Administrative Citations and Civil Penalties. Sections 355.01
through 355.11 govern administrative citations and civil penalties for
violations of the city code.
355.05. General Provisions. Subdivision 1. A violation of a provision of the
city code may be subject to an administrative citation and civil penalties.
Each day a violation exists constitutes a separate offense.
Subd. 2. An administrative offense may be subject to a civil penalty
not exceeding $2000.00.
Subd. 3. The city council must adopt by resolution a schedule of fines
for offenses initiated by administration citation. The city council may adopt
a schedule of fees to be paid to administrative hearing officers.
Subd. 4. The city manager must adopt procedures for administering the
administrative citation program.
355.07. Administrative Citation. Subdivision 1. A person authorized to
enforce provisions of the city code may issue an administrative citation upon
belief that a code violation has occurred. The citation must be issued in
person or by mail to the person responsible for the violation or attached to
the motor vehicle in the case of a vehicular offense. The citation must
state the date, time, and nature of the offense, the name of the issuing
officer, the amount of the scheduled fine, and the manner for paying the fine
or appealing the citation.
Subd. 2. The person responsible for the violation must either pay the
scheduled fine or request a hearing wi thin fourteen days after issuance.
Payment of the fine constitutes admission of the violation. A late payment
fee of 10 percent of the scheduled fine amount may be imposed under section
355.09.
Section 355
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(Amended Jul 2003)355
355.09. Administrative Hearing. Subdivision 1. The city council will
periodically approve a list of lawyers, from which the city clerk will
randomly select a hearing officer to hear and determine a matter for which a
hearing is requested. The accused will have the right to request no later
than five days before the date of the hearing that the assigned hearing
officer be removed from the case. One request for each case will be granted
automatically by the city clerk. A subsequent request must be directed to
the assigned hearing officer who will decide whether he or she cannot fairly
and objectively review the case. The city clerk may remove a hearing officer
only by requesting that the assigned hearing officer find that he or she
cannot fairly and objectively review the case. If such a finding is made,
the officer shall remove himself or herself from the case, and the city clerk
will assign another hearing officer. The hearing officer is not a judicial
officer but is a public officer as defined by Minn. Stat. ~ 609.415. The
hearing officer must not be a city employee. The city manager must establish
a procedure for evaluating the competency of the hearing officers, including
comments from accused violators and city staff. These reports must be
provided to the city council.
Subd. 2. Upon the hearing officer's own ini tiati ve or upon written
request of an interested party demonstrating the need, the officer may issue
a subpoena for the attendance of a witness or the production of books,
papers, records or other documents that are material to the matter being
heard. The party requesting the subpoena is responsible for serving the
subpoena in the manner provided for civil actions and for paying the fees and
expenses of a witness. A person served with a subpoena may file an objection
with the hearing officer and a copy of the objection shall be given to the
City Clerk and the accused no later than the time specified in the subpoena
for compliance. The hearing officer may cancel or modify the subpoena if it
is unreasonable or oppressive. A person who, without just cause, fails or
refuses to attend and testify or to produce the required documents in
obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party
requesting the subpoena may seek an order from district court directing
compliance.
Subd. 3. The hearing shall be scheduled to occur wi thin 45 days of
recei ving a request for a hearing. Notice of the hearing must be served on
the person responsible for the violation at least 14 days in advance, unless
a shorter time is accepted by all parties. Service of the Notice will be by
first class mail and will be complete upon mailing. At the hearing, the
parties will have the opportunity to present testimony and question any
witnesses, but strict rules of evidence will not apply. The hearing officer
must tape record the hearing and receive testimony and exhibits. The officer
must receive and give weight to evidence, including hearsay evidence, that
possesses probative value commonly accepted by reasonable and prudent people
in the conduct of their affairs. (Amended Ord. 2003-899)
Section 355
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Subd. 4. The hearing officer has the authority to determine that a
violation occurred, to dismiss a citation, to impose the scheduled fine, and
to reduce, stay, or waive a scheduled fine either unconditionally or upon
compliance with appropriate conditions. The hearing officer's decision and
supporting reasons must be in writing. When imposing a penalty for a
violation, the hearing officer may consider any or all of the following
factors:
a) the duration of the violation;
b) the frequency or reoccurrence of the violation;
c) the seriousness of the violation;
d) the history of the violation;
e) the violator's conduct after issuance of the notice of hearing;
f) the good faith effort by the violator to comply;
g) the economic impact of the penalty on the violator;
h) the impact of the violation upon the community; and
i) any other factors appropriate to a just result.
The hearing officer may exercise discretion to impose a fine for more than
one day of a continuing violation, but only upon a finding that (1) the
violation caused a serious threat of harm to the public health, safety, or
welfare or that (2) the accused intentionally and unreasonably refused to
comply with the code requirement.
Subd. 5. The decision of the hearing officer is final without any
further right of administrative appeal. An aggrieved party may obtain
judicial review of the decision of the hearing officer by proceeding under a
writ of certiorari in district court.
Subd.
violator's
violation.
Examples
accused;
the same
hearing.
delay.
6. The failure to attend the hearing constitutes a waiver of the
rights to an administrative hearing and an admission of the
A hearing officer may waive this result upon good cause shown.
of "good cause" are: death or incapacitating illness of the
a court order requiring the accused to appear for another hearing at
time; and lack of proper service of the citation or notice of the
"Good cause" does not include: forgetfulness and intentional
355.11. Recovery of Civil Penalties . Subdivision 1. If a civil penalty is
not paid within the time specified, it will constitute:
a) a lien on the real property upon which the violation occurred if the
property or improvements on the property was the subject of the
violation; or
b) a personal obligation of the violator in all other situations.
Subd. 2. A lien may be assessed against the property and collected in
the same manner as taxes.
Subd. 3. A personal obligation may be collected by appropriate legal
means.
Subd. 4. A late payment fee of 10 percent of the fine may be assessed
for each 30-day period, or part thereof, that the fine remains unpaid after
the due date.
Section 355
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Hopkins City Code
(Amended Jul 2003)355
Subd. 5. Failure to pay a fine is grounds for suspending or revoking a
license related to the violation.
355.13. Criminai Penalties. The following are misdemeanors, punishable in
accordance with state law:
a) failure, without good cause, to appear at a hearing that was scheduled
under section 355.07;
b) failure to pay a fine imposed by a hearing officer within 30 days after
it was imposed, or such other time as may be established by the hearing
officer.
If the final adjudication in the administrative penalty procedure is a
finding of no violation, then the city may not prosecute a criminal violation
in district court based on the same set of facts. This does not preclude the
city from pursuing a criminal conviction for a violation of the same
provision based on a different set of facts. A different date of violation
will constitute a different set of facts.
366.16, Subdivision 1. Administrativc Citation Finc Schcdulc.
Alcoholic boverages in parks
Animal rcgulations
Accumulation of feces
Non compliancc '''lith dangcrous animal ord.
Interfering .....ith a policc canine
Blocking Fire Hydrant
Building Code Violations
Minor Violations
Hcalth/Safety Violations
Building Extcrior Maintonance
Cunc\.J Hours In Cit}. Parks
Cunc'.... 'Jiolations
Dutch Elm, Oak wilt
En':ironmcntal health violations
Minor Violations
HcalthJSafct}. Violations
Extorior Storagc Violations
Firc.....ood Storagc Violations
Firc Codc Violations, Gcnerally
Minor Violations
$ 60.00
$ 100.00
$ 100.00
$ 100.00
$ 600.00
$ 260.00
$ 60.00
$ 100.00
$ 600.00
$ 100.00
$ 60.00
$ 100.00
Section 355
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Hopkins City Code
Violations Requiring response from Firc Dept.
HealthIS::J.f.cty Violations
Grill on Deck of Multi unit Residential
Firc Lanc Violations
Firc Prcvcntion Violations
Firc'....orks
Flammablc Products
Food Code Violations
Garbagc
Housing Code Violations
Gcncral:
Minor Violations
Major Violations
Spccific:
Impropcr Maintenance of a Multi Unit D'.velling
Building Condition
Garbagc Disposal Facilities
Landscaping
Light, Heat, Ventilation
Plumbing
Safety Security Systcm
Rcntal of D'J':clling Unit lJ'!ithout Liccnsc
Unregistered Multi Unit D'JJelling
Failurc to Obtain a Truth in Housing Rcport
Intoxicating Bc':cragcs In Parks and Other Public Arcas
Junk Cars
Liccnsc and Pcrmit Violations
Load Limit Violations
Loud Parties
Noisc codc violations
Section 355
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(Amended Jul 2003)355
$ 600.00
$ 300.00
$ 100.00
$ 60.00
$ 200.00
$ 200.00
$ 600.00
$ 360.00
$ 100.00
$ 200.00
$ 360.00
$ 360.00
$ 200.00
$ 260.00
$ 260.00
$ 200.00
$ 60.00
$ 100.00
$ 60.00
$ 60.00
Page 5
Hopkins City Code
(Amended Jul 2003)355
Noise complaints
Outdoor Storage of '.a.'ood
Park ordinance 'Jiolations
Public Nuisance
Refuse violations
Improper disposal
Improper Storage & Collection
Sign Violations
Sno'f.'mobile Violations
Sno'.... remo'Jal regulations
Street Numbers None
Subdi\'ision Regulation Violations
Trespass
'.'ehicle storage violations
Parking/Storage of Vehicles on Residential Property
Parking/Storage of Recreational Vehicles
\"!aste Disposal Violations
'.A.'eed nuisances
Zoning Code Violations
$ 100.00
$ 60.00
$ 26.00
$ 60.00
$ 60.00
$ 100.00
$ 60.00
Code Violations Not Listed
$ 100.00
Repoat Violation '.,\'ithin 24 Months
Double
M:lx. $700
Subd 2. Criteria for Major Violations
a. Pot-cntially critical impact on public health or the en\'ironment
b. Pot.cntially dangerous to human life or safet;'
c. Continuing nature of ':iolation
d. Cost of restitution, repair or remediation exceeds $1,000.00
Section 355
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Hopkins City Code
(Amended Jul 2003)355
This section addcd by Ordinancc 2000 847. (Amcndcd by Ord. 2006 942)
Section 355
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Page 7
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-070
ESTABLISHING FINES FOR
ADMINISTRATIVE 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 may be 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
Building Exterior Maintenance
Environmental health violations
Health/Safety Violations
Fire Code Violations, Generally
Violations Requiring response from Fire Dept.
Health/Safety Violations
Housing Code Violations
Major Violations
Specific:
Building Condition
Light, Heat, Ventilation
$ 500.00
$ 250.00
$ 500.00
$ 500.00
$ 300.00
$ 500.00
$ 350.00
$ 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
Adopted this _ day of 2006.
$ 350.00
$ 250.00
$ 250.00
$250.00
$ 50.00
$ 200.00
Double previous fme-
Max. $2000