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CR 06-126 2nd Reading Ordinance Amending Existing City Code Section 820, Maintenance and Repair of Walks, Aprons & Vegetation C\TY Or:: m October 31,2006 HOPKINS Council Report 2006-126 Second 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 second readina Ordinance 2006-974. amendina City Code section 820. Overview. Each winter season there are several Central Business District property owners who do not clear their sidewalks soon enough to allow Public Works crews to pick up the sidewalk snqiv 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 second reading, Staff will send a revised informationa'lletter to downtown businesses calling attention to the change and their need to remove snow within 12 hours or not later than 24 hours after receiving a city notice. Primary Issues to Consider. . Business owner input Supportina information. Ordinance 2006-974 Steven J. Stadler, Public Works Director Council Report 2006-126 Page 2 Analvsis of Issues Business owner input HBCA has not formally responded yet to staff's request for feedback to this proposed ordinance change. Jason Gadd intends to provide a response prior to the City Council meeting. Staff does not believe HBCA will oppose the change. Prior to first reading staff made initial contact with 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. . 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 accumulation of snow, ice, other rank vegetation. Service". The term means the removal from sidewalks dirt and rubbish; cut or eliminate weed growth, grass or 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 condi tion for pedes triaIlS at all times and shall not allow snow, ice, dirt or rubbish to remain thereon longer than 12 hours after its deposit. Said owner or occupant shall further cut or remove weeds, grass or other rank vegetation growth of an 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 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 wi thin 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) 820.08 Central Business District Notice. (Add definition of CBD) Whenever the owner or occupant fails to remove snow/ice accumulation from abutting sidewalks and therefore 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 main tenance or removal wi thin 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 special assessment 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 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 St~tute 429. First Reading: Second Reading: Date of Publication: Date Ordinance takes effect: October 17, 2006 November 7, 2006 November 16, 2006 November 16, 2006 . i . Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date .