SECTION 8.01 NUISANCES

Subd. 1. Public Nuisance Defined. Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

A. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or

B. Interferes with, obstructs, or renders dangerous for passage, any public highway or right of way, or waters used by the public; or

C. Is guilty of any other act or omission declared by law or this section to be a public nuisance and for which no sentence is specifically provided.

Subd. 2. Public Nuisances Affecting Health. The following are hereby declared to be nuisances affecting health:

A. Exposed accumulation of decayed or unwholesome food or vegetable matter;

B. All diseased animals running at large;

C. All ponds or pools of stagnant water;

D. Carcasses of animals not buried or destroyed within 24 hours after death;

E. Accumulations of manure, refuse, or other debris;

F. Privy vaults and garbage cans which are not rodent free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;

G. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances;

H. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;

I. All public exposure of persons having a contagious disease;

J. Any offensive trade or business as defined by statute not licensed by the City Board of Health as defined by law.

Subd. 3. Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety:

A. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection;

B. All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;

C. All unnecessary noises and annoying vibrations;

D. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this code or other applicable law;

E. Radio aerials or television antennae erected or maintained in a dangerous manner;

F. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks.

G. All hanging signs, awnings, and other similar structures over streets and sidewalks, or so situated as to endanger public safety, or not constructed and maintained as provided by ordinance.

H. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;

I. Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other material, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated;

J. Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located;

K. Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;

L. The placing, spilling or throwing on any street, sidewalk or other public property or on adjacent private property of any glass, tacks, nails, bottles, liquid, garbage, waste material or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substances;

M. Any barb-wire fence.

N. Any unused ice box, refrigerator or other box with a door thereon which will effectively exclude air when shut.

O. All use or display of fireworks and use of explosives except as provided by law.

P. The piling, storing, or keeping of old machinery, junked vehicles, cut and uncut scrap lumber, pipes, and other junk or debris in a residential or commercial zoned area unless entirely enclosed in a building.

1. For purposes of this Section, a junked vehicle is one which is inoperative because it lacks vital component parts essential to the mechanical functioning of the vehicle. A junked vehicle may be an automobile, boat, snowmobile, jet ski, all terrain vehicle, or any other vehicle originally intended to move people or goods. Examples of vital component parts include, but are not limited to, the motor, drive train, wheels, and/or battery. A junked vehicle shall also include any vehicle which, although not lacking any vital component parts, cannot be operated on public roadways due to such things as defective parts of any type and shall also include a vehicle which is not currently licensed for use in the State of Minnesota.

2. The storing on private property of an inoperative vehicle, for the purpose of repairing or restoring such vehicle, may be authorized by the Chief of Police for periods of up to 90 days. The owner of said vehicle must procure a permit from the Chief of Police and the permit must be conspicuously displayed on or about the vehicle. No more than four consecutive 90 day permits may be granted by the Chief of Police for any vehicle.

Q. All unguarded dangerous machinery, equipment or other property in any public place or so situated or operated on private property as to attract minor children.

R. All interference and disturbance of radios or television sets caused by electrical appliances and equipment or improper operation thereof of improper electrical connections.

S. All other conditions or things which are likely to cause injury to the person or property of anyone.

Subd. 4. Duties of City Officers. The police department shall enforce the provisions of this Section relating to nuisances affecting public safety. The police Department shall enforce provisions relating to other nuisances and shall assist the other designated officer(s) in the enforcement of provisions relating to nuisances affecting the public safety. Such officers shall have the power to inspect private premises and take all reasonable precaution to prevent the commission and maintenance of public nuisances.

Subd. 5. Abatement. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner or occupant of the premises of such fact and order that such nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and a reasonable time limit, not exceeding 30 days, within which the nuisance is to be abated. If the notice is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the council. Thereafter the council may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the city. The notice shall be served in the same manner as notice by the enforcing officer is served and shall be given at least ten days before the date stated in the notice when the council will consider the matter. If notice is given by posting, at least 30 days shall elapse between the day of posting and the hearing.

Subd. 6. Recovery of Cost.

A. Personal Liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the city clerk or other official designated by the council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk.

B. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the Council may determine in each case.

Subd. 7. Penalty. Any person convicted of violating any provisions of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case.

SECTION 8.02 WEED ELIMINATION.

Subd. 1. Any weeds or grasses, whether noxious as defined by law or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley within the corporate limits of this municipality which have gone or are about to go to seed are a nuisance. The owner and the occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property.

Subd. 2. When the owner and occupant permit a weed nuisance to exist in violation of this Section, the Weed Inspector, or the Chief of Police shall serve notice upon the owner of the property if he resides in this municipality and can be found, or upon the occupant in other cases, by mail or by personal service, ordering such owner or occupant to have such weeds cut and removed within 5 days after receipt of the notice and also stated that in case of noncompliance such work will be done by the municipality at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. When no owner, occupant or agent of the owner or occupant can be found, the provision for notice shall not apply.

Subd. 3. If the owner or occupant fails to comply with the notice within 5 days after its receipt, or if no owner, occupant or agent of the owner or occupant can be found, Superintendent of Public Works or his duly authorized agents or employees shall cut and remove such weeds or grasses. The Superintendent of Public Works shall keep a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the Clerk for assessment purposes against said property owner(s).

SECTION 8.03 PREVENTION AND CONTROL OF TREE DISEASE WITHIN THE CITY OF SAUK RAPIDS.

Subd. 1. Declaration of Policy. The City of Sauk Rapids has determined that the health of the Elm Tree and Oak Tree is threatened by a fatal disease known as Dutch Elm and Oak Wilt disease. It has been further determined that the loss of the Elm and Oak trees growing upon public and private property would substantially depreciate the value of property and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the City of Sauk Rapids to control and prevent the spread of this disease and this Section is intended for this purpose.

Subd. 2. Forester.

A. The position of Forester is hereby created within the City of Sauk Rapids.

B. It is the duty of the Forester to coordinate under the direction and control of the City Council, all activities of the Municipality relating to the control and prevention of Dutch Elm and Oak Wilt disease. He shall recommend to the Council the details of a program for the control of Dutch Elm and Oak Wilt disease, and perform the duties incident to such a program adopted by the Council.

Subd. 3. Dutch Elm Disease Program. It is the intent of the City of Sauk Rapids to conduct a program of plant pest control pursuant to authority granted by M.S. Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm Disease fungus and Elm Bark Beetles and is undertaken at the recommendation of the Commissioner of Agriculture and Minnesota State Statutes. The City Forester, hereinafter provided, shall act as coordinator for the Commissioner of Agriculture, the City of Sauk Rapids and the Department of Parks and Recreation of the City of Sauk Rapids in the conduct of this program.

Subd. 4. Nuisance Declared. The following items are a public nuisance whenever they are found within the City of Sauk Rapids:

A. Any living or standing Elm or Oak tree or part thereof infected to any degree with Dutch Elm or Oak Wilt disease, Ceratocystis ulmi (Buisman Mureau) or which harbors any elm bark beetles, (Scolytus Mullistrealees Eich) or Hylnropinus rufipes.

B. Any dead elm tree or parts thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide as often as deemed necessary.

Subd. 5. Abatement. It is unlawful for any person to permit any public nuisance as hereinbefore defined to remain on any premises owned by him. Such nuisance shall be abated in the manner prescribed by this Section.

Subd. 6. Inspection and Investigation.

A. The City Forester, his agent or employees assigned to him, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them hereunder.

B. The City Forester, his agents, or employees assigned to him, shall inspect all premises and places within the City of Sauk Rapids as often as practicable to determine whether any nuisance, as defined hereinbefore, exists thereon.

C. The City Forester, his agents or employees assigned to him, upon finding conditions indicating Dutch Elm or Oak Wilt infestations, may take appropriate specimens or samples and culture them in a laboratory by an individual authorized by the Commissioner of Agriculture to perform such culture.

Subd. 7. Abatement of Dutch Elm Disease or Oak Wilt Nuisance on City Property. The City Forester, his agents or employees assigned to him, shall cause any nuisance as defined in Subdivision 4, to be removed from property of the City, including streets, boulevards, and alley right of ways (from property line to property line) and cause same to be burned or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of Dutch Elm or Oak Wilt disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with such technical methods and plans as may be designed by the City of Sauk Rapids and consistent with the regulations and requirements of the Commissioner of Agriculture of the State of Minnesota. The City Forester shall establish procedures for the removal and disposal methods consistent therewith.

Subd. 8. Abatement of Dutch Elm or Oak Wilt Disease Nuisance on Private Property. Whenever the City Forester, his agents or employees assigned to him, find with reasonable certainty, that a nuisance as defined in Subd. 4 exists on private property including property controlled by other entities of government or property of the City, within the City of Sauk Rapids, the City Forester or his authorized representative shall notify the owner by certified mail to his last known address of the existence of the nuisance and direct that the nuisance be removed and burned or buried, or otherwise effectively treated in the approved manner within fifteen (15) days after mailing of such notice. The notice shall also state that if such nuisance shall not be abated by the owner within the time provided, that the City of Sauk Rapids will abate the nuisance and assess the costs against said property. In the event the owner of any private or public premise upon which such a nuisance is situated fails to comply, may proceed to abate such nuisance in the manner prescribed for abatement of such nuisance on City property. Any expenses incurred by the City of Sauk Rapids or by approved contractor(s) in so doing shall be a charge and a lien upon said property and shall be collected as a special assessment in the same manner as other special assessments.

Subd. 9. Collection of Assessments. The cost of abatement of any nuisance incurred by the City of Sauk Rapids and not reimbursed by the owner on or before September 1st of each year shall be reported by the City Forester to the City Council, through the Mayor's office. The Council shall assess and levy and cause to be collected the amount of such costs as a special assessment upon and against said premises and property upon which said nuisance existed in like manner as other special assessments payable in one sum.

Subd. 10. Transporting Elm Wood Prohibited. It is unlawful for any person to transport within the City of Sauk Rapids any bark-bearing elm wood without having obtained a permit from the City Forester. The City Forester shall grant such permits only when the purpose of this Section shall be served thereby. No charge shall be made for said permit.

Subd. 11. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Forester, his agents, employees or contractors, while they are engaged in the performance of duties imposed by this section. Any violation of any provision of this section shall be a penal offense punishable by a fine not to exceed $500.00, 90 days in jail, or both, unless otherwise specifically stated to the contrary.

SECTION 8.04 ICE AND SNOW ON PUBLIC SIDEWALKS

Subd. 1. Ice and Snow a Nuisance. All snow and ice remaining upon public sidewalks is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within twenty-four (24) hours after such snow or ice has ceased to be deposited.

Subd. 2. City to Remove Snow and Ice. The City may cause to be removed from all public sidewalks, beginning twenty-four (24) hours after snow or ice has ceased to fall, all snow and ice which may be discovered thereon, and it shall keep a record of the cost of such removal and the private property adjacent to which such accumulations were found and removed.

Subd. 3. Cost of Removal to be Assessed. The City Administrator shall, upon direction of the Council, and on receipt of the information provided for in the preceding Subdivision, extend the cost of such removal of snow or ice as a special assessment against the lots or parcels of ground abutting on walks which were cleared, and such special assessment shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected.

Subd. 4. Placing Snow or Ice in Public Street or on Other City Property. It is unlawful for any person, not acting under a specific contract with the City, to remove snow from private property and place the same on a public street in such quantity, or in such manner, as to cause a hazard to travel, without adequate arrangements for the immediate removal thereof; and it is also unlawful for any person not acting under a contract with the City to dump snow on other City property.

SECTION 8.05 CATS RUNNING AT LARGE.

This section has been repealed. See Section 4.10

SECTION 8.06 BEEKEEPING LIMITED.

This section has been repealed. See Section 4.10

SECTION 8.07 NUISANCES AFFECTING RIGHT OF PRIVACY (GREEN RIVER ORDINANCE) The practice of going in and upon private residences in this municipality by solicitors, peddlers, hawkers, itinerant merchants and transient vendors for the purpose of soliciting orders for the sale of goods, wares, merchandise, or services of any kind, or for the purpose of peddling the same, upon private residences whose owners or occupants have placed upon or near the usual entrance thereto a sign bearing the notice "Peddlers and Solicitors Prohibited," or upon private residences whose owners or occupants have not requested or invited them to do so, is hereby declared to be a nuisance.

Subd. 1. Nuisances Prohibited. Any person who shall commit, cause, or create a nuisance as herein defined shall be guilty of a penal offense.

Subd. 2. Damage or Defacing of Signs. Any person, other than the person occupying such premises, who shall remove, injure, damage, or deface the placard or sign referred to above in this section, shall be guilty of a penal offense.

Subd. 3. Applicability. This section shall not apply to persons duly licensed or specifically exempted from licensing under the constitution and laws of the State of Minnesota or this municipality, at such times as such persons are conducting only the activity described in such laws; it shall not apply to persons making an initiatory uninvited call upon householders of this municipality as a preliminary to the subsequent establishment of a regular route service for the sale and delivery to customers of the daily necessities of life which are perishable or subject to spoiling within a reasonably short time; and it shall not apply to charitable organizations, and representatives thereof duly registered under Laws of Minnesota.

SECTION 8.08 OUTDOOR SOLID FUEL HEATING DEVICES.

Subd. 1. Definitions.

Outdoor Solid Fuel Heating Device: A device, structure, or apparatus, which supplies direct or indirect heat from the burning of solid fuel, including but not limited to wood, to a building.

Stacks Or Chimneys: Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating.

Subd. 2. Outdoor solid fuel heating devices are prohibited and shall not be installed or operated within the City of Sauk Rapids.

Subd. 3. All existing solid fuel units installed within City limits at the time of adoption of this ordinance are required to meet emission standards currently required by the Environmental Protection Agency (EPA), which are hereby adopted by reference together with any amendments or modifications made to them in the future.

A. The minimum stack height for any solid fuel-fired heating device shall meet or exceed the manufacturers’ guidelines.

B. Any existing non-complying stack shall be removed, replaced, or modified within a period of 60 days from the receipt of a notice generated from the Building Official.

C. All stacks or chimneys must be constructed to withstand high winds or other related elements.

D. Outdoor solid fuel heating devices may only be used from September 1^ST to May 31^ST each year, unless the furnace is being used to provide domestic water service.

E. Only the following materials may be burned in the outdoor solid fuel heating devices: biomass pellets, corn, firewood, and clean, untreated lumber or other wood product.

F. No outdoor solid fuel-heating device shall be utilized in any manner as a waste incinerator.

SECTION 8.09 PROPERTY MAINTENANCE CODE

Subd. 1. Title. This ordinance shall be known as the Property Maintenance Code (the “PMC”) of Sauk Rapids.

Subd. 2. Scope. In order to ensure the health, safety, and welfare of the residents of Sauk Rapids, this Section of the City Code requires certain minimum standards for all residential dwellings, dwelling units, commercial buildings and properties, and their accessory structures.

Subd. 3. Definitions. For the purposes of this Section, the following terms are defined as follows:

A. Accessory Structure: A subordinate building, structure or a portion of the main building, the use of which is incidental to that of the main building or to the use of the premises.

B. Commercial: Any building or plot of land used or engaged in commerce.

C. Compliance Order: An official notification of violation of any provision of this Section. Such orders shall require correction of the violation but shall not impose administrative penalty or penalties upon the responsible party.

D. Dwelling or Dwelling Unit: A single, secure dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation.

E. Exterior Roof Material: A waterproof product such as asphalt, clay, wood, slate, or steel specifically manufactured for use as a roofing material.Examples of a material not meeting this definition would be plastic sheeting or tarps, plywood (painted or non-painted), tar paper, Tyvec or other building wrap materials.

F. Exterior Wall Material: A material applied to the outside of a building to make it weatherproof, specifically designed and manufactured for use as building siding, such as hardboard siding, aluminum siding, vinyl siding, steel siding, fiber cement siding, cement block, brick, stone, stucco, and cedar or other wood products. Examples of materials that are not protective surfaces would be plastic sheeting or tarps, plywood (except plywood specifically designed and manufactured for use as building siding), buffalo board, chip board, Tyvec or other building wrap materials and tar paper.

G. Lot Line, Front: The boundary line of a lot abutting a street. On a corner lot, the front lot line shall be the side of the lot that provides access to the garage from a public street not considered an alley. If the garage is accessed from a public alley or if there is no garage on the property the front lot line shall be based on the street for which the home is addressed.

H. Lot Line, Rear: The boundary line most remote from and most nearly parallel to the front lot line.

I. Lot Line, Side: A boundary line other than the front lot line or rear lot line.

J. Occupant: Any person living or sleeping in a building, or having possessions of a space within a building.

K. Owner: The person (or entity) who owns or holds title to the property.

L. Pest and Rodent Harborages: Any location in which pests or rodents are predisposed to or would be able to live, nest, or seek shelter. In all instances, an insect shall be considered a pest.

M. Primary Driveway: a short private road from a public street to a house or accessory building which would usually be the primary garage. The Primary Driveway shall be a hard, durable, dust-free surface consisting of concrete, asphalt, or crushed rock lying between a garage and public right of way. The primary driveway may be no more then 24 feet in width or the width of the primary garage, whichever is greater.

N. Property: Residential property in any of the residential zoning districts.

O. Residential: Activities within land areas used predominantly for housing.

P. Small Trailer: A trailer in which the bed or deck is twelve or less feet in length.

Q. Commercial Driveway: a vehicular connection between public right of way and parking or loading areas with a Commercial Property.

R. Commercial Building: A building located within C-1, C-2, C-3, and D-1 zoning districts where any portion is put to a use other than owner occupied residential.

S. Commercial Property: Commercial property in C-1, C-2, C-3, and D-1 zoning districts.

T. Roll-Off: An open top rectangular shaped dumpster with wheels to facilitate rolling the dumpster in place by special roll-off trucks.

U. Pothole: Any damage to pavement resulting in a gap, hole, or depression more than three inches in depth or more than forty inches in circumference.

V. Secured by other than normal means: A Commercial Building secured by means other than those used in the design of the building such as plywood screwed over windows or doors.

W. Unoccupied: A Commercial Building that is not being used for legal occupancy.

X. Unsecured: A Commercial Building or portion of a Commercial Building that is open to entry by unauthorized persons without the use of tools.

Y. Graffiti: Any unauthorized inscription, work, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or despite advance authorization, is otherwise deemed a public nuisance by the City Council.

Subd. 4. Responsibility

A. The owner or occupant of any residential or commercial property shall be responsible for all provisions in this Section which are applicable thereto but only to the extent that he/she has access thereto.

B. With respect to rental properties:

1. The owner shall be responsible for preventing the accumulation of garbage and debris in all common areas. The owner and/or occupant shall be responsible for preventing the accumulation of garbage and debris within private, secured residences.

2. No person shall occupy any dwelling unit which does not comply with the minimum standards provided in this Section.

3. All property owners shall be responsible for the timely removal of garbage from their property as well as having water and sewer services which may include a private well and septic system if otherwise allowed by City Policy.

C. The owner shall be solely responsible for the prevention of pest and rodent harborages throughout the entire structure and property.

D. No person shall occupy any dwelling unit which does not comply with the minimum standards provided in this Section.

Subd. 5. Minimum Exterior Standards. All residential and commercial properties shall meet or exceed the following minimum exterior standards:

A. Structure. The foundation, exterior walls, exterior roof, and all appurtenances thereto shall be kept in sound condition and repair. The foundation must adequately support the building at all points. All structures shall have an

Exterior Wall Material and Exterior Roof Material as defined in this Section except during times of construction in which an approved building permit is on record at the City and is otherwise meeting the requirements of this Subdivision. Exterior walls shall be maintained and kept free from decay, dilapidation by cracks, tears or breaks from deteriorated plaster, stucco, brick, wood, or other material that is extensive and shows evidence of neglect. The protective surface on exterior walls of a building above ground level must be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the generality of this Subdivision, a protective surface of a building shall also be deemed to be out of repair if:

1. The protective surface is paint which is blistered or peeled to an extent of more than fifteen percent (15%) of the area of any plane or wall or other area including windows, trims, cornices, railings, and other such areas;

2. More than twenty percent (20%) of the pointing of any chimney or twenty five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out; or

3. More than fifteen percent (15%) of the finish coat of a stucco wall is worn through, chipped away, broken, or damaged, revealing the metal lathe or any part of the underlying structure.

B. Accessory structures. Accessory structures must be structurally sound, securable, and maintained in good repair and appearance. Exterior walls, doors, and windows of accessory structures must be maintained in accordance with the standards set forth for principal structures in Subdivision 5.A.

C. Windows and entries. Windows, exterior doors, and basement hatchways shall be reasonably weather tight, watertight, rodent proof and securable; and kept in sound working condition and good repair.

D. Gutters and downspouts. Existing gutters, leaders and downspouts must be maintained in good working condition as to provide proper drainage of storm water. In no case may storm water be channeled into the sanitary sewer system. Storm water, ice, or snow may not be directed into, or channeled across walkways or streets where it is likely to be a hazard to life or health.

E. Walks, drives, lawn steps and stoops. Walks, driveways, lawn steps, and stoops shall be maintained in good repair.

F. Driveway and Parking Area. The owner of any structure or property shall be responsible for providing a driveway and parking area in accordance with Chapter 10 of the City Code. Any such driveway or parking area shall at all times be maintained in good repair.

G. Retaining Walls. All retaining walls, or similar structures shall be maintained in good repair with proper anchorage and in safe condition. It shall be the responsibility of the owner to repair or replace any retaining wall deemed not to be in good repair by the City Administrator or designee.

H. Signs. The owner or occupant of any structure or property shall be responsible for maintaining signs in accordance with Section 10.16 of the City Code. It shall be the responsibility of the property owner or occupant to repair, replace, or remove any sign deemed not to be in good repair.

I. Awnings. All awnings upon the property or attached to the structure(s) shall be maintained in good repair. It shall be the responsibility of the property owner to repair, replace, or remove any awning deemed not to be in good repair.

J. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant and/or owner shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

K. Exterior Construction. All exterior construction shall be completed within the time limits specified below from the date of issuance of the building permit.

1. Projects up to a value of two hundred fifty thousand dollars ($250,000): twelve (12) months

2. Projects of value greater than two hundred fifty thousand dollars ($250,000): fifteen (15) months.

For purposes of this Subdivision “Value” shall be the same amount as that determined by the Building Official for issuance of the building permit. The City Administrator or designee may grant an extension of a completion date if the City Administrator or designee finds that the project has been performed as expeditiously as reasonably possible and, in a manner, to reasonably accommodate the needs of persons residing in the neighborhood and that the delay in completion of construction was beyond the reasonable control of the property owner or contractor. Applications for an extension must be submitted no later than thirty (30) days prior to the expiration date.

L. Storage, Collection and Disposal of Garbage, Refuse, Yard Waste and Recyclables. The owner or tenant shall be responsible for storage, collection and disposal of garbage and refuse, yard waste, and recyclables in accordance with Section 8 of the City Code.

M. Fences. The owner shall be responsible for maintaining fences in accordance with Section 10 of the City Code.

N. Decorative features. All decorative features of residential, commercial, and accessory structures including cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

O. Landscaping requirements. Landscaping maintenance on all parts of the property shall be in accordance with Section 8 of the City Code.

P. Outdoor Wood Storage. The following are conditions for outdoor wood storage.

1. Except for firewood and construction materials necessary for on-site work, no wood or wood product shall be kept or stored upon a residential premise.

2. Firewood may be stored upon a residential premise solely for use on the premises and not for resale.

3. The firewood shall not be in a deteriorating state;

4. No firewood shall be stored in the front of the principal structure for residential properties.

5. No firewood shall be stored on a commercial property unless in a packaged form for the purposes of immediate resale.

Q. Vehicles and Trailers.

1. Under no circumstances shall any vehicle or trailer including but not limited to automobiles, boats, Pontoon's, Jet ski's or other watercraft, snowmobiles, four wheelers, recreational vehicles, and trailers be parked in any residential yard except under the following conditions:

a. Any vehicle as defined above and/or trailer may be parked in the driveway as defined in this section provided that they are currently licensed and road worthy. If a property has multiple driveways, vehicles may be parked in front of the principal structure on only one driveway which shall be the primary driveway.

b. Vehicles as described above and small trailers may be parked in the side yard or rear yard provided that they are currently licensed and road worthy or operable, but in no circumstances shall they be parked in front of the principal structure unless parked in the primary driveway. For lots platted after 1965 there shall be a five-foot side yard setback for all vehicles and small trailers parked in the side or rear yard.

c. For lots platted before February 1, 1965, no more than three vehicles as defined above, may be parked off-street on a property on a surface other than the Primary Driveway.

d. For lots platted after February 1, 1965, no more than two vehicles may be parked off-street on a property on a surface other than the Primary Driveway.

e. During the Benton County Fair, automobiles will be exempt from this section. For other City permitted events at the Benton County Fairgrounds, the Council may name the event exempt from this section.

2. Vehicles and Trailers including but not limited to automobiles, boats, Pontoon's, Jet ski's or other watercraft, snowmobiles, four wheelers, recreational vehicles are allowed on commercial properties provided that they are part of an otherwise allowable use in that zoning district such as car or boat dealerships, or motor vehicles temporarily parked on a City approved parking lot used by customers of the otherwise allowed commercial business. All vehicles parked in a commercial zoning district shall be currently licensed and road worthy unless otherwise allowed by the City through a Conditional Use or other Permit. Motor vehicles temporarily parked at an otherwise allowed automobile service garage for the purposes of repair shall also be allowed. For the purposes of this section, temporary is defined as 14 days.

Subd 6. Additional Commercial Standards

In addition to the Minimum Exterior Standards above, all commercial properties shall meet or exceed the following standards:

A. Driveways, Walkways, and Parking Lots. The owner of any Commercial Building or Commercial Property shall be responsible for providing a Commercial Driveway, walkways, and parking lots in accordance with Chapter 10 of the City Code. Any such Commercial Driveway, walkway, or parking lots shall at all times be maintained in good repair.

1. Striping. Parking lot striping must be clearly visible, with no more than fifteen percent (15%) of any striping missing for a parking stall.

2. Signage. All internal directional signage, such as “Parking for the Handicapped” shall be clearly visible and legible from a distance of at least 20 feet; faded, damaged, or missing signage must be replaced.

3. Potholes. All areas intended for vehicle and pedestrian traffic shall be free of Potholes or ruptured pavement.

4. Gravel and Debris. All areas intended for vehicle and pedestrian traffic shall be free of gravel, sand, leaves and vegetation, or other debris that might harbor pests or present a hazard to pedestrians and individuals, particularly those utilizing mobility assistance devices.

5. Ponding. All areas intended for vehicle and pedestrian traffic shall be maintained and repaired to prevent grading problems such as ponding of water, unnecessary accumulation of ice, and hazards from raised pavement. This may include the correction of grading defects, repair or removal of ridges caused by frost heaving, or the restoration of settled soil.

B. Waste Removal. The temporary placement of dumpster and roll-off containers shall be done in a manner that avoids impairing parking and accessibility for both the public and emergency services. Unless no reasonable alternative exists, roll off containers shall be placed off public right of way; under no circumstances shall roll-off containers placed on public right of way interfere with or present a hazard to the travelling public. While roll-offs are necessary for construction projects, the extended presence of roll-offs can contribute to unlawful dumping. All roll-off containers shall be removed within 72 hours of reaching capacity. All dumpsters and roll-off operations shall be conducted so as to minimize nuisances to surrounding properties, including, but not limited to: minimizing the generation of litter, picking up litter on a daily basis, controlling rodents and vermin, and providing all necessary utilities and equipment to promptly and effectively control dust, odor, and noise emissions, both on-site and beyond the property boundaries. All roll-off containers shall be tarped when not actively in use.

C. Signage. All sign faces shall be kept in good condition; broken or missing components must be professionally repaired. If signage is illuminated, the lighting must be fully functional. If signage is removed from buildings or monuments, any area that is impacted must be repaired and painted regardless of the provisions of Subd. 5.A.1 of the PMC.

D. Graffiti. The presence and proliferation of graffiti detracts from property values and has an overall negative impact upon the City. Graffiti has been recognized to substantially contribute to the spread of gang activity, violence, crime and deterioration of property values. Unless the City requires the removal of graffiti, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City. Property owners and tenants may not allow any graffiti to exist on their property. Nothing in this provision precludes property owners from seeking damages or restitution from individuals responsible for graffiti.

E. Litter. The presence of litter encourages additional littering. In order to break the cycle of littering, property owners and occupants are required to pick up all litter on their Property, regardless of the litter’s source. Nothing in this provision precludes property owners from seeking damages or restitution from individuals responsible for litter.

F. Lighting. Unlit commercial areas attract criminal activity. All approved lighting shall be kept functional and in use.

Subdivision 7. Vacant Buildings

A. Definition. For purposes of this subdivision, a “Vacant Building” is any Commercial Building or portion of Commercial Building on that is:

1. Unoccupied and unsecured for three (3) or more days;

2. Unoccupied and secured by other than normal means for 30 or more days;

3. Unoccupied and secured by normal means for more than 180 days; or

4. Unoccupied and posted for no occupancy.

“Vacant Building” does not include any building being constructed pursuant to a valid building permit issued pursuant to the City’s building permit regulations.

B. Registration. The owner of a Vacant Building shall register the structure with the City no later than 30 days after the structure becomes a Vacant Building, and annually thereafter.

C. The registration shall be on the prepared by the City and shall include:

1. Address of Vacant Building;

2. Contact information for all owner and lien holders, including a designated emergency contact;

3. A statement of when the structure became a Vacant Building and how long it is expected to remain vacant; and

4. A plan and timetable for returning the building to appropriate occupancy, achieving or maintaining compliance with PMC and zoning ordinance, and any plans for demolition.

D. Any new owner of a Vacant Building shall register the transfer of ownership within 30 days.

E. Fee. An annual registration fee as established in the City fee schedule shall be collected to defray the City’s costs in monitoring Vacant Buildings.

F. Inspection. As a condition of registration, the owner of a Vacant Building shall provide access to the Building Inspector.

Subdivision 7. No Waiver. Failure of the City to exercise any enforcement options shall not be deemed a waiver. No provision of this Ordinance shall restrict the City’s ability to enforce zoning ordinance provisions or abate hazardous or substandard buildings under Minnesota Statutes Chapter 463 or other authority. The City’s enforcement options shall not be deemed to be mutually exclusive.