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HomeMy WebLinkAboutOrdinance - 84-105 - Regulation of Non-Accessory Signs (Campaign) - 08/28/1984 ORDINANCE NO . 105-84 1 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11. 70 SUBD. 3 .A. and SUBD. 5. E. AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 and SECTION 11 . 99 WHICH, AMONG OTHER THINGS, CONTAIN PENA STY PROVISIONS : THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS : Section 1 . Eden Prairie City Code Section 11. 70, Subd. 3.A. 1 . a is hereby amended to read: A. Prohibitions. . 1 . Non-accessory signs are prohibited in all districts except in areas where Section 11 . 71 permits adver- tising signs , and-she-11-be subject to the same conditions imposed by Section 11 . 71 upon advertising signs , [and except as other- wise expressly permitted in this Section 11 . 70 . ] Section 2 . Eden Prairie City Code Section 11. 70, Subd. 5.E. is hereby amended to read: E. Violations and Fines . If the Chief Building Official or his deputy shall find that any sign regulated by this Section is prohibited as to size , location, content, type, number, height or method of construction, or is unsafe , insecure, or a menace to the public, or if any sign (for which a permit I is required] has been constructed or erected without a permit I [having] first being [been] granted to the installer of said sign, or to the owner of the property upon which said sign has { been erected, or is improperly maintained, or is in violation ? of any other provisions of this Section, he shall give written notice of such violation to the owner [of such property] or [the] I permittee thereef. If the permittee or owner [of such property] fails to remove or alter the sign so as to comply with the provisions set forth in this Section within 3 days following receipt of said notice, 1 . Such sign shall be deemed to be a nuisance, and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including admin- istration. expenses, riay be levied as a special assessment against the property upon which the sign is located; and/or , 2. It is unlawful. for any permittee or owner to Y violate the provisions of this Section. Each period of 3 days within which the sign is not removed or altered shall be deemed to constitute another violation of this Section. No additional Licenses shall be granted to anyone in violation of the terms uj- tiii s Section, or to anyone responsible for the continuance of w the violation, until such violation is either corrected or satis- factory arrangements , in the opinion of the Chief Building Inspector, have been made towards the correction of said violation. The Inspector may also withhold building permits for any construc- tion related to a sign maintained in violation of this Section. Pursuant to Minnesota Statutes Annotated 160 . 27, the Chief Building Official , or his deputy, shall have the power to remove and destroy signs placed on street right-of-way with no such notice of violation required. 3. Appeals and Variances. A permit applicant or permit holder may appeal any order or determination made by the -2- 4 A s Chief Building Official or his deputy pursuant to this Section or a permit applicant or permit holder may request a variance from the literal terms of this Section by filing a notice of appeal or application for variance with the City Clerk-Treasurer a requesting a hearing before the Board of Appeals and Adjustments. The Board shall hear and decide appeals and applications for variances in the following cases : (a) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the administrative officer in the enforcement of this Section. (b) Requests for variances from the literal 3 provisions of this Section shall be granted only in instances where their strict enforcement would cause unique hardship because of circumstances unique to the individual property or proposal under consideration. [4 . With respect to campaign signs, as defined in Subd. 3. H. herein, the written notice of violation required by Subd. 5 .E. herein may be given to the person or committee who prepares, disseminates, issues, posts, installs or owns the i sign, or the person or committee who causes the preparation, ? dissemination, issuance, posting or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, owner or occupant fails to remove or alter the sign so as to comply with the provisions set forth in this Section within 3 • days following receipt of said notice, then such failure is deemed unlawful and such person, -3•- ] z committee, owner or occupant shall be subject to the same liabilities and penalties as are permittees and owners under z Subd. 5 . 3. 1 . and 2. ] a Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 1L. 99 are hereby adopted in their er_tirety, by reference, as though repeated verbatim herein. Section 4 . This ordinance shall become effective from and _ a after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7Rth day of Al,aust 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of September 1984 . ATTEST: Cit ClEklxok M or PUBLISHED in the Eden Prairie News on the 19th day of September 1984 . —4— (Official Publication No.30) ORDINANCE NO.10641 AN ORDINANCE OF THE: CITY OF EDEN FRAIRM,AUNNESOTA,AMENDEM CITY CODE SECriOW 11.70 SUBD.S.A.AND SUBD.-S.E.AND ADOPTING BY REFT+RENCE CITY CODE CHAPTER 1 ANDAECITON 11.99 WHICK AMONG OTHER THINGS, CONTAIN PENALTY PROVI- T'°NS Tf*. Affidavit of Publication E crrY COUNCIL ol(r T7�:' CITY of EDEN PRAIRIE.AMMINFSM&ORD&M. SecUoo 1:Eden prairie City Code.Section 11,70, Subd 9.A 1�.Js bweby amended to rend: A.1. Non.aocesso y aillp+a are prohibited in all distride,except in aroma where Sect 11.71 permit advertising gigot,subject to the cood;Uem imposed h'Section U-napmadviertlafo8+dgm.(and exLepi State of Minnesota )SS. & 70 pas�d in Uft Sectim ) ftedm L RAW > �y code Section 11_70, sra ) lwft amended Count to read: Y Of Hennepin E.Violations and Fiam It the Chief Bdi ding Of. or his deputy maali need that any alpras�ated by thisprohibited as to alW loadjng.carr, Unit,type,number.heigtu or method of conietrnction, Mark A. Weber , being duty sworn.on oath mays that he/she is the or is unu+anle,insecure.ors menace to the pc or U publisher or authorised agent and employee of the publisher of the newspaper known as Eden Prairie News,and has full any sign(for which a Permlt is required)h�albem knowledge of the facts which are aisle below: constructed or eceded without a penWt (having) brat(bean)granted to the>wtalierof said sign,or to (A)The new"Pe*has compiled with all of the requitement coruUtuting qualification as +r a legal neapaper,as Pro On owner f n property upea whieb said sign has vided by Mb ueaota Statutes Ut1.02.1,71.0l,and other applicable laws. bm erected. �P�3y nmWatainea.or is in Ordinance No. 105-84; wMetion at any other peoelaious of Urfa swum,he (B) The printed _--_— --- --• _.__ -__--_. .. . _. _ afball give written notice of such viclatkan to the owner(of such property)or(the)pusanittee.if the 1a pes�es or owner (of such property) falls to _-.. 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