1989-655
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 89-655
An Ordinance Providing an Abatement Procedure for Nuisances
BE IT ORDAINED by the Council of the City of Hopkins as follows:
SectIon I. That the following be added to the Hopkins Code of OrdInances
as:
Chapter 615. Nuisance Abatement.
615.01 DefInitions
Subd. I. 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 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, ralls, 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
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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.
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. II. 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. 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. Responsible party. A responsible party shall be anyone or
more of the following:
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
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over a property.
Subd. 17. 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. 18. Unsecured. Unsecured shall mean open to entry by
unauthorized persons without the use of tools or ladders.
subd. 19. Weeds. Weeds shall mean useless and troublesome plants
commonly known as weeds including noxious weeds such as cockleburr,
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, noxious substances, hazardous wastes. Refuse,
noxious substances, or hazardous wastes laying. pooled, accumulated, plIed,
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 infestations. Infestations of vermin such as rats,
mice, skunks, snakes, bats, grackles, starlings, pigeons, bees, wasps,
cockroaches, or flies.
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
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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 conditlon 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. 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
Subd. 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.
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
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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
indentification, order that the person cease creating a nuisance.
615.07 Enforcement Officer authorized to enter. The Enforcement Officer
shall be 3uthorized 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. I. 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 excavatlons, 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.
615.09. Service. When service of an order or notice IS required, anyone
or more of the following methods of service shall be adequate:
Subd. 1. by personal service; or
Subd. 2. by mail, unless It is a written order which gives three days
or less for the completion of any act it requires; or
Subd. 3. if the appropriate party or address cannot be determined
after reasonable effort, by posting a copy of the order in a conspicuous
place on the property. If a mailed order or notice IS returned by the
United States Postal Service. a good faith effort shall be made to
determine the correct address. unless the order or notice orders abatement
and that abatement has been completed.
....
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.
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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. 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
e. a statement that if the remedial action is not taken nor a
request for a public hearing filed with the City Clerk
wIthin 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. Z. 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.
Subd. 5. Abatement. If the remedial action is not taken nor an
appeal filed within the time specified, the City may abate the nuisance.
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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 two thousand dollars or the
abatement involves demolition of a building other than a structure
accessary 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
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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.
I. A copy of the order shall be placed on file in the Office of the
City Clerk.
2. The Enforcement Officer shall notify the City Council of each
property subject to a demol ition 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 ~opy of
thiS order is on file in the Office of the City Clerk. This
resolution shall include the legal description of each property
3nd shall authorize and direct the City Clerk to file a copy of
tIle resolution WIth the Hennepin County Recorder.
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 d date for an abatement hearing.
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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 Shdll immediately notify the Enforcement OffIcer.
b. At least ten days prior to the hearing, the Ellforcement Officer
sh,J II riot i ry the owner and <:Ill Inter e::. ted part i es by persona 1
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service of the notice upon the owner or his/her duly authorized
representative and upon each interested party or his/her duly
Juthorized representative. If, after reasonable effort personal
~er v ice cannot be made, either of the fo 11 ow i ng methods of not ice
shall be considered adequate.
1. cO(lfinned rnai 1 service which is either certified mai 1 with a
signed receipt returned or first class mail confirmed by
WI i....1 en r-espunsc.
2. rnd i 1 i liS; ~ hl' 'lut ice to the 1 ast known address and publ ish ing
t:lL' :Iuti.:.c OllCt' d wet"k fur' two week3 in the official city
rl,'\;)f>.Jf!L', \If '::lCIH'ral cllLuldtion in the City of Hopkins and
I'J--,t j'I'::l t'le Ilutice il. d Lon.:.picuous place on the bui Idlng or
t' O!I(,; t j.
c. At ledJ1 11~11 lId/.:> pI ie. to Uw hCdr iny, tilt! fnforc.erncnt" OffIcer
:;!1311 I.;j: d duliLt"' t.J a 1'J I-e::>pulblble Pdl'ty knuwn to Lhe
Fllfon ,'r.:t:rl~ orriu',
subd. S LJ d, irl~. At ~hc t iflw uf the publ ic heariny, the City
CouncIl shdll hl'Jl r, 'JfTl U\(~ ~nf'~r C(~lile,rL OfFicer' and dny oLhet' par'ties who
wish to be t,ca; (' lir~ ('I .,fll' heal ill~, the CIty Counci 1 shall ddopt a
reso 1 ut 1 on, des, I J:, I'.) w! Id I dUdl em,'l ,t dL t i Ull, if dll)l, it deem.:; appr'opr' i ate.
If thf' resc.>lu1 i,.. (ull~, f~l dll.;1(![lIL,[,t ddlOn It IlldY eithey onJcr tht: City
to take thl' oJUd~ _'01','":,, oJ, l iU11 _II rix J t illle Wd_i1111 which Ule l1uisd:lce must
be abiJted dllll p,l,'il:(! 11,d~ ;;- to,II'L~1vl~ .JctiOII i::; rIot taken within the
specified :"Imc, '!Il~ City Il...:lll d~)J:_,' tlll~ l1ui.,a:lcc. The City Clel'k :>!lull
give d copy "r~,:, ,l',(,lu~ ;UI: ~u ~!,v f:lful'C..t:fIlent Offiu'l who o.h.:l11 llI.:3il
copie'J to dny 0: t!ll~ i'oJ:'"i..:; IC'I,Jj ....J L,j be :luLifieJ ill SdbJ. 4 fur- whom
t he EnforCllllul~ (,fr: LL, I.d de,,; r l'r t IlId I 1 i Il!:J ,jdu, C3~.
615.12. E';lcrge k/ ,'.,'..) 1'..t':t1l' It. PI'-,...t~,J".J'2 W:lcll U)f~ EnfOI cemc,1t OffIcer
deterrnlnes 1I1dt oJ I.JI 'u"l(e e",i:.t.:. ,I" d t-lrO,JCI ty dnd the .IU:SdI1Ce
constltute_ .in ,.oIliOJl~i.J~e ,kHI\'Wl or !,,j;'d:d wflicll if nut irl~ncdidtcly ub~ted
WIll cnddn\jL' t',,, '1,..:l:J,'1 ,I, 'd~eLy ,~': L!le ,...uLJl it; dOlJ Ull~re d0c~ 1101. exist
suffICIent ~iflll'.v ru"uw ~!ll P:LI(t:L:urt~_) of G1S.I0 III 6IS.II, ~fle City rnay
abate the I\ul.;.d l' ~)>' "Ie IJIULe'_~.j'-'': dL:....r':~~J uelu'.....
Subd. 1 () ,\.:, ~!j C:' j ti.;",j~", -:-11l' C'.ty' :.110311 o,-u(:;:' e.1ll'1 ~cncy
abatementl);, ,';,( ,jl11~;II' oL:.JLiJL' _,'LL, tu ue --,j<jllC:;U JY t:,c City t1doldge' or,
in thc C3Sl' uf 1""..',,':dLi: it; 'If t!,(: Cit; t1dlld!dl'I', uy ',he uffiLidl
authorlZe(j tu uo.-I r: '...~I\.' "~dll...~d~: ~J 'Jl~hd~r d~ e.:JlJ~lish~d JY L~H: .....11dl.1 of
.Juttl0l1ty,'"..tL'l: "~!\l C:~:; f'<...liL/ t~d:llkj:. A \..loud fwi.,!. effu:t --,!kJl1 be
m,Jde to I r,f or:r; the owner th3t thl: act 1 on is be i ng t.Jken.
SU:.A.!. 2. ~~o L : Ll! uf the db.J LCIIU1fl L. Follow i ng an emergency abatement
3S ::.oon .:3':' the co--,L:... incurred are known to the Enforcement Officer. he/she
~! ~j1 --,LI \c written notice upon the owner. The notice shall contain:
u d description of the nuisance.
L the action taken by the City,
~ Ill' reasons for immediate actIon,
,I ~ ~I( costs Incurred in abating the nuisance, and
oJ --,tatement that the owner may request, by writing to the City
~~,'rk within ten working days of the date of the notice, a
'lC,Jrlng at which the City Counci 1 shall review the actions taken
! If' t he Enforcement Off i cer.
t ,
.
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Subd. 3 Setting hearing date. In the event that the owner files a
I ~quc~t for J review of the action, with the City Clerk. the City Council
shoJI! within two weeks fix a date for a public hearIng.
:~bd. 4. Notice. The CIty Clerk shall notify the Enforcement Officer
~nd the owner of the date, time, place, and subject of the hearing.
:~b~. 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 ln addItion to and not in limitation of the penalties and
abatement procedures established by this Chapter.