94-1310 Council File _ l
W — I3Io
L Ordinance #
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7C _
`--' ° ' �--" � Green Sheet #
1%99
ORDINANCE
CITY OF AINT P A - , MINNE . TA
Presented By �� I
Referred To MMOW Committee: Date _y31/4 • fl \ 9g -
1
2 An ordinance amending Section 45.03 of the
3 Saint Paul Le :islative Code so as to add a
4 provision whi i h would declare graffiti a
5 blighting infl nce on the community and that
6 the presence f graffiti constitutes a public
7 nuisance subj ct to the summary abatement
8 procedures c. tained in Chapter 45.
9
10 The Council of the City of Saint ' ul Does Ordain:
11
12 Section 1
13
14 That secton 45.03 of the S. nt Paul Legislative Code is hereby amended to read
15 as follows:
16
17 Sec. 45.03. Nuisance.
18
19 A "nuisance" shall mean a y substance, matter, emission or thing which creates a
20 dangerous or unhealthy condition .r which threatens the public peace, health, safety or
21 sanitary condition of the city or w',ich is offensive or has a blighting influence on the
22 community and which is found up ,n, in, being discharged or flowing from any street,
23 alley, highway, railroad right- of -w.h , vehicle, railroad car, water, excavation, building,
24 erection, lot, grounds or other pro • erty located within the city. Nuisances shall include,
25 but not be limited to, those set fo l th in this section.
26
27 (1) Dangerous structure. A stru ' ture which is potentially hazardous to persons or
28 property including, but not imited to:
29
30 a. A structure ich is in danger of partial or complete collapse; or
31
32 b. A structure ii any exterior parts which are loose or in danger of
33 falling; or
34
35 c. A structure th any parts such as floors, porches, railings, stairs,
36 ramps, balco 'es or roofs which are accessible and which are either
37 collapsed, in I anger of collapsing, or unable to support the weight of
38 normally imp . sed loads.
39
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1 Last known address: The address , own on the records of the Ramsey County
2 Department of Property Taxation • r a more recent address known to the enforcement
3 officer. In the case of parties not sted in these records, the last known address shall be
4 that address obtained by the offic: r after a reasonable search.
5
6 Mail: Service by mail shall mean • depositing the item with the United States Postal
7 Service addressed to the intended !I ecipient at his or her last known address with first
8 class postage prepaid thereon.
9
10 Noxious substances: Substances, so id or fluid, gaseous or odorous, which are detrimental
11 to health, hurtful or dangerous. NI xious substances shall include, but not be limited to,
12 any dead animal or portion there • , putrid carcass, decayed animal matter, green hides,
13 or any putrid, spoiled, foul or sti ing beef, pork, fish, offal, hides, skins, fat, grease,
14 liquors, human or animal excreme t or manure.
15
16 Nuisance building: A vacant buildi g or portion of a vacant building as defined in Section
17 43.02 which has multiple housing .•de or building code violations or has been ordered
18 vacated by the city and which has onditions constituting material endangerment as
19 defined in Saint Paul Legislative • Section 34.29(G), or which has a documented and
20 confirmed history as a blighting i uence on the community.
21
22 Owner: Those shown to be owner i owners on the records of the Ramsey County
23 Department of Property Taxation.
24
25 Personal service: Service by person. lly handing a copy to the intended recipient or by
26 leaving a copy at the intended rem • ient's residence or place of business with a person of
27 suitable age and discretion.
28
29 Privy: Any type of nonflush fixture or the receipt and storage of human waste including
30 fixed units with vaults as well as p i rtable units.
31
32 Property: Any parcel of land wheth r vacant or not, whether any structure thereon is
33 occupied or not, or whether subm: ged or not.
34
35 Refuse: Putrescible and nonputresc ible and combustible and noncombustible waste,
36 including paper, garbage, material esulting from the handling, processing, storage,
37 preparation, serving and consumpt •n of food, vegetable or animal matter, offal, rubbish,
38 plant wastes such as tree trimming. or grass cuttings, ashes, incinerator residue, street
39 cleanings, construction debris, deta hed vehicle parts, and solid industrial and market
40 wastes.
41
42 Responsible party: Any one (1) or lore of the following:
43
44 (1)Agent;
45
46 (2)Assignee or collector of rents;
47
48 (3)Holder of a contract for deed;
49
50 (4)A mortgagee or vendee in posse.sion;
2
C -13
1 (5)Receiver or executor or trustee;
2
3 (6)Lessee;
4
5 (7)Those known to the enforcement officer as having an ownership interest; or
6
7 (8)Other person, firm or corporatio a exercising apparent control over a property.
8
9 Weeds shall mean and include not Only such noxious weeds as are enumerated in
10 Agriculture Rule 1505.0730 of the State of Minnesota Rules, but also such useless and
11 troublesome plants as are common'y known as weeds to the general public that are over
12 eight (8) inches in height."
13
14 1 Section 2
15
16 Section 45.03 of the Saint P Sul Legislative Code is hereby amended to read as
17 follows:
18
19
20 "Sec. 45.03. Nuisance.
21
22 A "nuisance" shall mean any substance, matter, emission or thing which creates a
23 dangerous or unhealthy condition n which threatens the public peace, health, safety or
24 sanitary condition of the city or which is offensive or has a blighting influence on the
25 community and which is found upon, in, being discharged or flowing from any street,
26 alley, highway, railroad right- of -wEy, vehicle, railroad car, water, excavation, building,
27 erection, lot, grounds or other property located within the city. Nuisances shall include,
28 but not be limited to, those set forth in this section.
29
30 (1)Dangerous structure A structure which is potentially hazardous to persons or property
31 including, but not limited to:
32
33 a.A structure which is in danger cf partial or complete collapse; or
34
35 b.A structure with any exterior parts which are loss or in danger of falling; or
36
37 c.A structure with any parts such as floors, porches, railings, stairs, ramps, balconies or
38 roofs which are accessible and which are either collapsed, in danger of collapsing, or
39 unable to support the weight of e rmally imposed loads.
40
41 (2)Dumped snow. Accumulated stow and ice that is brought in from another location
42 and dumped, kept or stored in such a condition that litter, gravel or melting snow /ice
43 create a dangerous or unhealthy ,ondition.
44
45 (3)Fire hazards. Any thing or condition on the property which in the opinion of the
46 enforcement officer creates a fire hazard or which is a violation of the fire code.
47
48 (4)Firewood. Piles of wood cut for fuel which are detrimental to the health, safety and
49 welfare of the public because of conditions including, but not limited to, improper or
50 unsafe storage, unelevated piles pf wood, excessive quantities, conducive to vermin
3
y - /3(o
1 harborage, and more than five (5) eet in height or closer than ten (10) feet to a habitable building.
2
3 ( �1,.,�.,� .:. k;k:1 Any Ntig •:::::.> :. : V i.::::: OMM::::.:::::.WN::::::t:.::.::.:::::: i:: i::>:t::.:.:.:;.;: .::.;:.:.:.::.::::::::::::::. �: :...............
6 ( Grass and weeds Grass whip h has rown upon an
7 g p any property to a height of eight (8) or more
inches or weeds.
8
9 (67) Hazards. Any thing or co I 's ition on the property which, in the opinion of the enforcement
10 officer, may contribute to in ry of any person present on the property. Hazards, which shall
11 include, but not be limited is, open holes, open foundations, open wells, dangerous trees or
12 limbs, abandoned refrigerato s or trapping devices.
13
14 q) Health Hazards. Any th 1 or condition on the property which, in the opinion of the
15 enforcement officer, creates •' health hazard or which is a violation of any health or sanitation
16 law.
17
19 18 (8R) Z.#0.04,90440.ktrA0:0#1.40.;FirAllig.04#001.1###NORItOW:004010:0110001014#010:0:0
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. .......
22
23 (910) Nuisance Building. Any bui sing or portion of a building which is a nuisance as defined in
24 section 45.02.
25
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32 ` ;: .. .......:.;:::.;::.: .:.:...: • .. .. • ;;' o •.:.:.. ;
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35 u seof t axssubsectx.: • .; . ...:: • chic. ..:•:.:b ;. . • i ;:,. : ,,;:::::•.:,:•:.::.;:.;.::::::•;:.;: . ;:.>:.;:.::•;:.>;:.;: ::.;•::::.;:.; >;:.;;;;;::::: • . :
36 37 :
38 (4-2) Rank plant growth. 0 - rgrown, uncontrolled vegetation, shrubs, trees, vines that are
39 conducive to the accu lation of refuse, debris or the harborage of WON
40 r e is o< r '; e .< >:: :0 g
41
42 (4 -314) Refuse, noxious substan <s, hazardous wastes. Refuse, noxious substances or
43 wastes laying, pooled, accumulated, piled, left deposited, buried or discharged upon, hazardous n,
44 being discharged or flo ing from any property p g
45 p rty structure or vehicle, except for:
46 a. Refuse deposited at plac s designated and provided for that purpose by this Legislative
47 Code; Y g ative
48
49
50 b. Refuse stored in accord.) ce with provisions of this Legislative Code or vehicle parts
stored in an enclosed s cture.
4
1 c. Compost piles establ .hed and maintained in accordance with the regulations of chapter
2 357 of this Legislati '- Code.
3
4 d. Dead animals burie with written permission from, and in accordance with the
5 regulations of, the di ision of public health; or
6
7 e. Green hides received stored, dressed, packed or sold with written permission from, and
8 in accordance with - conditions set by, the division of public health.
9
10 (} S anitary structures. Structures for sanitation such as privies, vaults, sewers, private
11 drains, septic tanks, I - sspools, drain fields which have failed or do not function properly
12 or which are overflo • leaking or emanating odors. Septic tanks, cesspools or cisterns
13 which are abandoned or no longer in use unless they are emptied and filled with clean
14 fill. Any vault, cess ool or septic tank which does not meet the following criteria:
15
16 a. The bottom and side I are cemented to make impervious to water;
17
18 b. The bottom is at leas 1 six (6) feet below grade;
19
20 c. Proper ventilating pi. s and covers are provided;
21
22 d. It is properly located in accordance with applicable Minnesota State Statutes and city
23 ordinances;
24
25 e. It is cleaned at least .1 ce a year; and
26
27 f. The property served i. located such that connection to the public sewer is impractical.
28 l
29 ( Stagnant Water. Sta: ant water standing on any property. any property, container or
30 material kept in such : condition that water can accumulate and stagnate.
31
32 (173 Statute and common id w nuisances. Any thing or condition on property which is known
33 to the common law 01 the land, the Statutes of Minnesota, or the Saint Paul Legislative
34 Code as a nuisance.
35
36 8 Unsecured unoccupie buildings. Unoccupied buildings or unoccupied portions of
37 buildings which are '� secured.
38
39 ( - -.. . -. _ . , . . , - , - ,.,,. . , - , - - - --
- :.-
40 _
41
44 ...�, �..
45 : : - : ... • .. .
5
2 99-1S1
3
4 This ordinance shall take ect and be in force thirty days from and after its
5 passage, approval and publicatio
6
7
8
9
Yeas Nays A Requested by Department of:
Blakey VIMA6/1-1eLejti/ Harris ' t
Grimm
Guerin
Megqard I
Rettman I�J / � �� /
Thune BY: / AI � i l ii .4 4 i J J.
c '-
4� v ., vi
Form Approved by City Attorney
Adopted by Council: Date K,
Adoption Certified by Council Secre ary By: , ✓ � Zi� 6F—rj"��
By: C ' CA.v-,1,4A. ''' Approved by May or for Submission to
,.R _ PP Y
Approved • or:.) ':to
00
Council
By:
i4III m jL p1. FUr By:
N I 2 61994 .
94L lira
•
SAINT
PAUL
CITY OF SAINT PAUL
F ACS 1 11 E TRANSMISSION COVER SHEET
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TO: ��CC Fax #:a — 776
FROM -Zo-•.
Fax #: 612-266-86R9
DATE: # pages (inc. this page) 7
,0 ..zei/e4 efY
MESSAGE: 94- /S to •
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NOTE TO ACSIMILE OPERATOR
please deliver this facsimile trans 'ssion to the above addressee. If you did not
receive all of the pages in good co dition, please advise the Citizen Service Office
at 266 -8989 at your earliest conve ence.
III