HomeMy WebLinkAboutOrdinance - 26-2004 - Amending City Code by Adding Section 9.16, Exterior Building Maintenance - 12/21/2004 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 26-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 9 BY ADDING A NEW SECTION 9.16 RELATING TO
EXTERIOR BUILDING MAINTENANCE, AND ADOPTING BY REFERENCE, CITY
CODE CHAPTER 1 AND SECTION 9.99,WHICH CONTAIN PENALTY PROVISIONS.
The City Council of the City of Eden Prairie,Minnesota, ordains:
Section 1. City Code Chapter 9 is amended by adding Section 9.16 to read as follows:
Section 9.16 Exterior Building Maintenance.
Subd. 1. Declaration of Nuisance. Buildings, fences, and other structures, which have
been so poorly maintained that their physical condition and appearance detract from the
surrounding neighborhood, are declared to be public nuisances. Such structures (a) are
unsightly, (b) decrease adjoining landowners' and occupants' enjoyment of their property
and neighborhood, and(c) adversely affect property values and neighborhood patterns.
Subd. 2. Standards. Any building, fence, or other structure is a public nuisance if it
does not comply with the following requirements:
A. No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose
or rotting boards or timbers.
B. Every exterior surface, which has had a surface finish such as paint applied, shall
be maintained to avoid noticeable deterioration of the finish. No wall or other
exterior surface shall have peeling, cracked, chipped or otherwise deteriorated
surface finish on more than ten percent(10%) of-
1. Any one wall or other flat surface, or
2. All doors and windows, door and window moldings, fascia, soffit,
eaves, gutters, and similar projections on any one side or surface.
C. No glass, including windows and exterior light fixtures, shall be broken or
cracked, and no screens shall be torn or separated from moldings.
D. All exterior doors and shutters shall be hung properly and have an operable
mechanism to keep them securely shut or in place.
E. All cornices, moldings, lintels, sills, bay or dormer windows, and similar
projections shall be kept in good repair and free from cracks and defects which
make them hazardous or unsightly.
F. Roof surfaces shall be tight and have no defects, which admit water. All roof
drainage systems shall be secured and hung properly.
G. Decks, porches, fences, chimneys, antennae, air vents, and other similar
projections shall be structurally sound and in good repair. Such projections shall
be secured properly, where applicable, to an exterior wall or exterior roof.
H. Temporary construction fencing, including but not limited to erosion control hay
bales, fabric and plastic, shall not be used in lieu of permanent fencing and when
installed on construction sites shall be removed following the elimination of
hazards or completion of construction projects.
Subd. 3 Enforcement.
A. Notice of Certain Violation. When a property or building is in violation of this
Section, the Chief Building Official may issue the property owner of record a
written "Notice of Violation and Compliance Order" which shall include the
following information:
1. A description of the property sufficient for identification;
2. Description of the violation(s);
3. The action required to remedy the violation(s);
4. The time within which the remedy must be completed;
5. Actions that may be taken by the City if repairs are not made in the time
period specified in the Notice of Violation and Compliance Order;
6. Notice of Right of appeal.
B. Civil Remedies. In addition to enforcement pursuant to Section 9.99, this
Section may be enforced by injunction, action for abatement, or other appropriate
civil remedy.
Subd. 4. Appeals. Any person aggrieved by a Notice of Violation and Compliance
Order shall have the right of appeal pursuant to City Code Section 2.80. The Council
may uphold the violation, void all violations, or change any described violation by adding
violations, removing violations or changing the order to repair.
Subd. 5. Severability. If any provision of this Section or the application of any
provision to a particular situation is held to be invalid by a court of competent
jurisdiction, the remaining portions of the Section and the application of the Section to
any other situation shall not be invalidated.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code, Including Penalty for Violation" and Section 9.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage of publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
21" day of December, 2004, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 21"day of December, 2004.
Kailken Porta, City Clerk 1,6cy a- en , ay
PUBLISHED in the Eden Prairie Sun Current on the��dday of ZkaW 4p, PW
2004.
Gq,of Eden Prairie
10friicial Publication)
CITY OF EDEN PR.%HUF.
HENNF.PIN COL",'TY,'%ffN V'E OTA
ORDIN ONCE NO. 26-2(N)4
AN ORDIN.tNCE OF THE CITY OF EDEN
PrWRIE,5113'NESOTA AIIE:NDING CITY CODE
CTL%PTER 9 BY ADDING A NEW SECTION 9.16
s REI:XTING TO I•.'STERIOR 131.71,13ING
DLIINTF,NANCE,AND ADOPTING BY
-- REFERENCE,CITY CODE CHAPTER I.V%rD
ne�Tspapers SECTION 9.99,WHICH ONT.aI\PENALTY
PROVISIONS,
AFFIDAVIT OF PUBLICATION fi,;,t tones it 1 it,rat Iale;t f r.ti,,. ,,,.:.?, ,-„!.,.
tirl-7
Section 1. 1'ily Cnde 1.'b;yHer`�ire;unemL•I h::ul lire.•
Suction 9.Ili at road ttn bdlow,:
STATE OF MINNESOTA) 9.11;Exterior Building:llaintenance.
Subd. 1. Declaration of Nuisance. P,uildirtgs.
fiances,and other structinv-4,which hare,-boon ntt puurl}
ss. ntaintainvd that lhoir physical curnlition sold;gyu•nr;utce
(atraef from lhe;n.t t•rn,.mding nei;.rhborhnatl,any rleclnro•:1
COUNTY OF HENNEPIN) to be public nun ;HM's:. Such r.truclur—lit);u•,�wlsi!;htly;
(].it ticerva o wlc ioiuing l:uuln:yner.+and,ecup:ud eghp'-
ntrnt of I hi•ir pn gx•rty and nei;,libnt•I etrn 1,:�rt I!r t;:d.c r,-e_
Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- ly atti•ct property y:de„ and neighberhm"I patle1•11::.
Subd. 2. Standards. Any huildtu;;,fi•nce,m other
Sun-Current and structure is a publienuhmianeeifitdovsnotcotnplyv:iththv
nancial Officer of the newspaper known as fidlowing requirements:
A. No part of:my exterior surface shall have dt-teriora-
has full knowledge of the facts stated below: Lion,holes.breaks.gap,,loose o•rotting board,ortiut-
ber,.
13. Every exterior surfitca,which has had;t surlrtce finish
(A)The newspaper has complied with all of the requirements constituting qualification as a such a,paint applied,shall be maintained to avoid no-
ticeable delerio ation of the finish. No wall or other
qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic- exterior surrace,hall have peeling,cracked,chipped
or otherwise deteriorated surface-finish on more than
ten percent(1051)of,
able laws,as amended. 1. Anyone wall or other flat surface,or
2. All doors and windows,door and window mold-
(.)The printed public notice that is attached was published in the newspaper once each ing,,fascia,soffit,eaves,gutters,and similar pro-
jections on any one side or surface.
C. No glass,including windows and exterior light Fix-
week,for one successive week(s);it was first published on Thursday,the 30 day lures,;hall be broken or cracked,and no screens shall
be torn or separated from moldings.
1). All exterior doors and shutters shall be hung properly
of December ,2004, and was thereafter printed and published on every Thursday and have an operable mechanism to keep then,se-
curely shut or in place.
to and including Thursday,the day of ,2004;and printed below is r.. At t,n,tie.•.,,,,,,I
dn•. ,;aul-intil:u'piu;,•cli�wd,!i:dl ln.•krtd i��• ❑;I re-
p:t r nqd III )1r'.i ri.rct:> ;tn,:l drtbr[, ::horlt1 tu:d.e
a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- ll,ern I ......1t,t „t,:i:_l,tly
f•: Iz.),Wla,a :h.dfbelit•in;a"dh.neuudulirt-:,which
edged as being the size and kind of type used in the composition and publication of the
adnnif water. All roof druina;;e,yvtont,'hall tic'e.
cw',•d soul lion;;properly.
G. 1)m-ks,pnrclu fmces,
notice: nut ehinuiey,.anfertn:u•,nircents,
shall he,tructurully
sound and in quod repair.Such lit,•:retinnn:<h:ill ho,e-
abcdef hikbnno rstuvwxyz curedproporly.whoroapplicahlt•.tuanvxtoriorw:dlnr
g J pq exterior rural:
If. Temporary construction fencin:(, ineludim;;but out
Iintitcdtuen-Am ic tilt col lta. '_• •.t},hric•aruIIJ,talic,
,hall nut lit'a-.I'd it, lieu of Itornruuntl li'ncirii;:nod
t:•lu•nin,tthevrancunarl tion art" rohen•rotrerd
lidlu::•in;;the elimiu,tion of liacu'ds or rungdetinn of
construction prgjcets.
BY: Subd. 3 Enforcement.
CFO A. Notjroofl'rrt:>in�inlali.nn.R'hen.tproporh ui huild-
ing is in violation of this Section,the('Lief L'uildinq
(Wicird ntut.i:;:;uo the property owner otl'vcnrd;t writ-
ten"Notict•of\'irdation and Compliance Order•':rhich
shall include fhe lidlowin„information!
1. A do:.rriptittu of the property sufficient lit,•idonti-
licction;
Subscribed and sworn to or affirmed before me De:.(r;ptian„fthe,.inl;ttien,,);
:3. '1'he action rvtptirv,l to remedy tilt,vinhtlion(s);
on this 30th day of December ,2004. 1. The tilde v.ithin v:hich the remedy mu,t ho eoni-
plr•tod;
5. Actium;that may be token by the Cite il'rop drs
•ur not illade in tho time periud spccilied in the
Notice of Violation and Compliance Order;
(i.' Notice of P.i);ht of appeal.
B. (_'ivil Utti rlivs. In addition to enlureonwnt linnolant
Notary bhe to Section 9.69,thi,Section may be enforced by in-
junction,action for abatement,or other apprupriate
civil'remedy.
Subd.4.Appeals.Any person aggrieved by a Notice
of Violation and Compliance Order sh:dl have the right fit'
MARY ANN CARLSON appeal pnttrsuant to City Code Section 2:.80. The Council
NOTARY PUBLIC—MINNESOTA piny uphold the violation,void all violations,or chango any
MY COMMISSION EXPIRES 1-31.M described violation by adding violations,removing viola-
tions or changing the order to repair.
Subd.5. Severability. Hany provision of this Sec-
tion or the application ofany provision to a particular,;it-
nation is held to be invalid by a court of competent,juris-
RATE INFORMATION diction,the remaining portions of the Section and the ap-
plication of the Section to any other situation shall not be
invalidated.
2.85 er line Section 2. City lode Chapter 1 entitled"General
(1)Lowest classified rate paid by commercial users $ P Provisions and Definitions Applicable to the Entire rite
for comparable space Code,Includnr,Penalty for\•iolatroi'and Section en-
titled"Violation a Misilvnu•anor"are hereby adopt,-d in
their entirety by rofvronce as though repeated verbatim
(2 Maxi rate allowed b law $ 6.20 per line herein.
) mum y Section:3. This Ordinance shall beeonne efti•ctive
from and alter its pa=:aga,of publication.
130 line FIRST READ rat itre;,ular meeting of City Cowbell of
(3)Rate actually charged $ . per P th-:City ot'E enPrairie•onthe2lstdacn£Dr.rntl••;r._!''.1.
and finalh•rc•:id and adopted and ordered
ra�ular nr,•tin;;of the Citc Council of ssil Cih•nti tJ:.• I-!
due of D,c.=b;m 20t)4.
-
PL73WHED in tl-.,F.•_r :r Fro:r;: Ss . 0:r•:v r U:.•