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87-1123 � , L WH17E � CITV CLERK PINK -. FINANCE GITY OF SAINT PAITL Council �� //a CANARV -�DEPARTMENT BL�UE -hiIAVOR File NO. � i _ Ordin�nce Ordinance N�. �77`� � Present�d By � � % Referred To Committee: Date I Out of Committee By Date An ordinance amendinq Chapter 45 of the Saint Paul Leqislative Code ' pertaining to nuisances. THE COUNCIL OF THE CITY OF SAINT PAUL DOSS ORDAIN: Section 1. That Section 45.01 Subd.9 of the Saint Paul Leqislative Code is an�nded to read as folYows: Subd.9. Isail. BY Service by a�ail 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. Section 2. That Section 45.01 Subd.17 of the Saint Paul Legislative Code is amended to read as follows: ,Subd.l7. Unoccupied. An unoccupied building is a buildinq which is not beinq used for 4��-�n�ended a leqal occupancy or a building which has been ordered vacated by the city. �I Section 3. Thati Section 45.01 of the Saint Paul Legislative Code is amended by insertinq aftet Subd.17 the followinq: li3nbd•18• �tnsecured. Unsecured shall mean open to entry by unauthorized persons Without the use of tools or ladders. COUh1CILMEN Requested by Department of: Yeas Nays Fle�tcher Community Services Drew [n Favor Malsanz Nicosia B 1 Schelbel A gai ns t Y Teqlesco Wirson Form Approved City Atto ney Adopted by Council: Date Certified Pa�sed by Council Secretary gY C � � By Approved by�Mayor: Date Appr ved by Mayor for Submiss' n t od1lsil � � 1 i I �� /�� -�- '7�� Subd. i9. I�edc. Weeds shall me�n useless and traublesome plants cammonly known a� weeds including naxiau� weeds such as cockleburr, burdack, tumble mustard, wild mustard, wild oats, Canadian thistle, oxeye daisy, quack grass, Freneh-r+eed Fr�nchweed, and Russian thi�tle. 5ection 4. That $ection 45.02 of the S�int Gaul Legislative Code is amended to read as follow�: 4g.02 Nu i sarrce. A riuisance shall mean any substance, matter, emissian, or thing which creates a dangerou� or unhealthy condition or which thre�tens the public peace, health, safety, or sanitary condition af the city ar which is offen�ive ar ha�� a blighting influence on the cammunity and which is faund upan-ar� in� beinq di�charqed ar flawinq fram any street, alley, highway, railraad right af way, vehicle, railroad car, water, � exeRaetians excavatian� building, erection, lot, graund�, or other praperty located within the City of Saint Gaul. Nuisances shall include but nat be limited ta tho�e set forth in this �eet�en Section. Subd. i. Refuse, noxious �ubstances, hazardoug wastes. Refuse, naxious �ubstances, or haxardau� wastes laying, paoled, �ccumulated, piled, left, deposited, buried, ar discharged upon, in, ar bein4 di�charqed or fiowing from any praperty, structure, or vehicle; �xcept for: �a) refuse deposited at places de�ig»ated and pravided for that purpose by the Saint Paul Legislative Code,-� �b) refuse stored in accordance with provision� af the Saint Paul Legislative Code or vehicle parts stored in an enclosed structure.-S tc) compo:t pile� established and meintained with written permissian from,�and in accardance with the requlatians of. the divi�ion of public health.-s (d> dead animals buried with written permission from. and in accardance with the reaulation� of, the divisian of public health,-i or te) green hides received, stored, dressed, packed, or sold with written permission fram, and in accordance with canditions �et bv. the divi�ion af public he�lth. 5ection 5. That Section 4�.d2 Subd. 2 through 5 of the Saint Raul Legislative Code shall remain unchanged. Section 6. That Section 45.02 Subd.6 of the Saint Paul Legislative Cade is amended ta read a�s fallows: Sub�d.6. Veranin infe�tations. Infestations af vermin such as rats, mice, skunks, � :nakes, bats, grackle�, starlings, pigeans, bee�, wa�ps, cockroaches, or flies; except for bees or pigean� kept with written permissian from, and in accordance with the reaulations of. the divi�ian af public health. Section 7. That Ser�tian 45. 10 Subd.3 of the Saint Paul Legislative Cade is amended to read as foilaws� Subq1.3. Notice. The city cierk shall �e»d mail a natice af the date, time, �- place, �nd subject of the hearing bp-Mai� ta the owner and known �I� �7�� , � , ��'�/�.� ' � � �7��7 � -3- respansible parties. The city clerk shall also netify-bp mail the notice to a ci�izen participation district council for the district where the nuisance is lacated requesting that it natify the surraunding praperty owners and occupants. The city clerk shall alsa notify the department. 5ectian 8. That Section 45. 10 8ubd.4 af the Saint Paul Legislative Code is amended to read as follawsa Subd.4. Hearing. At the time af the public hearing, the Gity Cauncil �hall hear from the enforcement officer, and any other parties who wish ta be heard. After the hearing, the City Cauncil m�y confirm or modify the order af the enforcement afficer. �f-the-arder-is-eonfirmeei In either case. if the Council's determinatian re4uire: abatement, the City Caunci2 shali, in the resolution, fix a time within which the nuisance must be abated and shall pravide that if carrective actian is not taken within the time specified, the city may abate the nuisance. The city cierk shail mail a copy of this resolutian to �ame parties required to be natified in Subd.3 af this Section. Section 9. That 8ection 45. 11 Subd. 4 of the Saint Paul Legislative Code is amended ta read as followss Subd.4. Notice. Written notice af the time, date, place and �ubject of the hearing shall be given �s set forth in this subdivisic�n. (a) The city cierk �hall immediately notify the enfarcement officer. (b> At least thirty d�ys prior ta the hearing, the enforcement officer shall notify-by mail a notice to a citizen participation district council for the di�trict where the nuisance is located requestir,g that it natify the surraunding property owners and occup�nts. (c) At least ten days priCr ta the hearing, the enfarcement officer shall natify the awner and all in�ere�ted parties by per�anal �ervice of the notice upon the owner or his duly authorized representative and upan each intere�ted party nr his duly autharized representative. When-the re�ipie�t-ia-oat-af-toan-ar I�„ after reasanable effort personal service cannot be made, either of the fallowing methads af notice �hall be conaidered adequate. ti) bp canfirmed mail �ervice which i� either certified mail with signed receipt returned ar first class mail confirmed by written response-er-bp phone-eonaersebion. t2> by mailing the natice ta the last knowrr address and publishing the natice once a week far two weeks in a newspaper af gener�l circulation in the City of 5aint Paul and posting the natice in a conspicuous place on the building ar praperty. (d) At least ten days priar ta the hearing, the enforcement afficer shall no�ify-by mail a notice to any respansible party knawn ta the enfarcement officer. Sectian 14. That Se�ction 45. 11 Subd. 5 af the Saint Paul Legislative Code is amended ta read as follows,: 8ubd.5. Hearing. At the time of the public hearing, the City Council shall hear �,,�� from the enfarcement officer and any other partie� wha wish to be heard.,��,(y �� u � ��`y � WHITE� -�CITV CLERK PINK -,FINANCE � CiITY OF SAINT PAITL Council CANARV - DEPARTMENT File NO• ��_ �/� B[UE -4�AAVOR • � � O/ in�nce Ordinance N�. f 7�� Presented By ��- Referred To Committee: Date Out of Committee By Date -4- After the hearing, the City Council shall adopt a resolution, describinq vhat abatement action, if any, it deems appropriate. If the resolution calls for abatement action it may either order the city to take the abateiaent 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 qive a copy of this resolution to the department who shall mail copies to an of the aame parties required to be notified in Subd.4 for whom the department has a current mailinq address. Section 11. That Section 45.12 of the Saint Paul Legislative Code is amended to read as follows: 45.12. $�erqency abate�ent procedure. When the enforcement officer determines that a nuisance exists on a property and the nuis�nce constitutes an immediate danqer or hazard which if not immediately abated will endanger the health or safety of the public and there does not exist sufficient time to g�ve-rrr��en-ne��ee-�e-�he-ewne�-ef-�he-affee�e�-ptapet��r follow the proc�dures of 45.10 or 45.11,, the city may abate the nuisance by the procedure described below. Section 12. That Section 45.12 Subd. 1 throuqh 5 of the Saint Paul Leqislative Code shall retnain unchanged. Section 13. This ordinance shall take effect and be in force 30 days after its passage, approval, and publication. COUN�ILMEN Requested by Department of: Yeas SQ��.�/ Nays �� Communit Services Dr�e�� —_��—� In Favor �'�m� � Against BY ' _Td��f/�/IV^ Wilsod A�'j 2 O 1987 Form App ed by Attorney Adopted by Council: Date Certified Pa s Id by ouncil e BY C � � '� � By Approved by r: ate —�"" -- �G? j 98NPPr ed by Mayor for Subm' s on o ! '1 By p�"i�t� .';; � ., � �987. f�''�, ity S�rvicee DE PARTMENT ' �� 0 3 2 21 Bi��ani CONTACT ��` /l a� - 1. . 17 �� PHONE July , 1987 DATE 1 Qi�r� e e ASSIGN NU ER FOR ROUTING ORDER Cli All Locations for Si nature : 1 Depar ment Director 3 Director of Management/Mayor Finan e and Management Services Director � 4 City Clerk Budge Director � 2 City ttorney WHAT WILL BE ACHIEVED BY TAKING AC7ION ON THE ATTACHED MATERIALS? (Purpose/ The pro ordinanc� is an a�nd�ent to the nuiaence ordinence Rationale) : �hiah re into effect January 20 this year. Ite� purpose ie to aorreat �isprints and iwprove ocedures and provide for regulatione f�r operationa under perwit. -lwproved detinitions and u�� of the rordB "�il . and •unoccupied' -added de inition oi •uneecured' rhich vas sccid ntly left out af the originel -added ' ing dioaharged" to definition of nuisa ce to cover ew�iseion problewe op�ratio s under per�it wust confor� rith h�alt divieion's regulation�. -alarifi� �lewente n�ded in council rtsolution ord<ring sbetewent -rh�n raz ng s building, requir�s att��pt et per nal service of out-of-torn partiee, dia- •llo�s phone csll to confir■ notiae r�ipt, ew�ovea requirewent to publish heering reoults if orner'� sddresa ie unknoMn, d�clsre e�ergency vhtn no tiwe for hearing COST/BENE T BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: -the noti proo�dures ar� w�de l�ss au�bereowe and ao�tlp �htre possible (since these procedu �s hav� not yet be�n i■plt�ented th� effect of th�se a�nd�ente �ill � to provent an incr�as� 3n notific.tion costs -t here �a be a sltgAt increase in notificetions �osts due to the sowe�hat expanded require nt for perfonel �erviae In g�neral there rill be little overell budgetsry �iwpeat. i FINANCING OURCE AND BUDGET ACTIVITY NUMBER CHARGEq OR CREDITED: (Mayor's signa- ture not re- Total ount of Transaction: quired if under $10,000) Funding Source: Activit Number: ; � ATTACHMENTS List and Number All Attachments : ! � � ; 1. Propoee ordinance ; 2. I�plewen �tion plsn � i i DEPARTMENT EVIEW din n � CITY ATTORNEY REVIEW � Yes Nc Council�ggg�g�gon Required? Resolution Required? Yes No Yes� No Insurance Required? � Insurance Sufficient? Yes No Yes N Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/8 � ; ', . . J� �� -Fr �� -�7 //�3 .• ,. ,, �� IMPLEMENTATION OF CHANGES CREATED HY THE PROPOSED AliEIdDMENTS TO CHAPTER 45 PERTAINING TO HUISANCES Moet of the nea procedures required to put the�e change� into effect are presently being developed in the Houeing Code Section end the Vecent Building Section. In fect, it was thet process Mhich brought to our ettention the need for theee changes. One edditional taek required for implementetion ie the development of regulatione to govern compoating operatione Mhich are ellowed only under permits provided for in the nuie�enae ordinance. One of the chenges proposed for the Nuisence Ordinance would require for compo�ting operation� to be conducted in eccordence Nith the regulatione of the Divi�ion of Public Health. Reguletione for keeping of bees or pigeon� or for the burial of enimels are el�o ' called for the proposed emendment. Theee heve ell been dev�lop�d except for the reguletion� for compoating. However, Jim Gaughan is in the procese of dev�loping theee reguletions. �I , • i , d' / � ��o� � . , ,, ; �,��E .. i7��7 :•O' �' �� CITY OF SAINT PAUL ��L 101987 INTERDEPARTMENTAL MEMORANDUM °�- �� F � �;�� ,��"�'c�� RECEIVED Date: Juiy s, �9g� JUL 2 01987 'ro: Edward starr, city Attorney ��Y�R'S OFFICE From: Judith Barr, Public Health Services Manager Re: Amendments to the nuisance ordinance On January 20, 1987 the new nuisance ordinance, Chapter 45, went into effect. In working with that ordinance we have discovered some problems. 5ome misprints found their way into the final draft. Certain notice procedures need further clarification. Finally, some procedures were found to present practical difficulties in applicati�n. Attached is an proposed amendment to correct those problems. It is the result of consultation between the Housing Code Section, the Vacant Building Section, and John McCormick. Most of the new procedures required to put these changes into effect are presently being developed in the Housing Code Section and the Vacant Building Section. In fact, it was that process which brought to our attention the need for these changes. One additional task required for implementation is the development of regulations to govern composting operations which are allowed only under permits provided for in the nuisance ordinance. One of the changes proposed for the Nuisance Ordinance would require for composting operations to be conducted in accordance with the regulations of the Division of Public Health. Regulations for keeping of bees or pigeons or for the burial of animals are also called for in the proposed amendment. These have all been developed e�ccept for the regulations for composting. However, Jim Gaughan is in the process of developing these regulations. Please review the attached ordinance to assure proper form. Approved, by � I ' ` -�/ Kathy St ck, Director, Department of Community S-e-- r�vices �/�� h �� V , _ � 7��i�z � � . , . . ��"�7 � . , • • � A G_E_N D_A___M A_T E_R_I A L_� --------- -- ----- --- ---- - COUNCIL ID�� _ �� DATE RECEIVED 7 oZ � AGENDA DATE AGENDA ITEM �� SUBJECT �� ORIGINATOR C��,�, _ ��,,,�.z� v�L, CONTACT ) / RESEARCH STAFF ASSIGNED �✓� DATE SENT TO CLERK �/02 �j -7' COUNCIL ACTION � MASTER FILE INFO AVAILABLE � � �'�„ �� ORD'�RESOL. �� ' DATE FILE CLOSED � , , - I . i ',� 4 l�s c' � ^ .� — � '� .' �. . � �� 2nc4' � / � - � �' ,� 3rd _ � � /3 ' � 7 � 'Adopte� �' a D- � � Yeas Nays B�,i-�`' ! NICOSIA _ //a' � �� g 7 f�-Y,�� SCHEIBEL _ SONNEN ul�+.n� WILSON MR. PRESIDENT '�0 .�£c�:`