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AN ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR THE COMPLETION OF BUILDING,, CONSTRUCTION, PROTECTION AND APPEARANCE OF BUILDING EXTERIORS, AND MAINTENANCE OF EXTERIOR PROPERTY AREAS WITHIN THE CITY OF BARNUM; TO PROVIDE FOR THE ENFORCEMENT THEREOF; AND TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the City of Barnum does hereby ordain as follows:
Section 1. Purpose. It is hereby determined that the timely completion of building construction, maintenance of adequate exterior finishes on buildings, and proper maintenance of exterior property areas is necessary to avoid the creation of blighted, unsafe and unsanitary conditions within the City of Barnum. The purpose of this Ordinance is to protect the public health, safety and welfare of the citizens of Barnum, and to protect the character and stability of the properties within the city.
Section 2. Completion of Construction. All building construction, for which a valid Zoning Permit is required and has been issued in accordance with the Zoning Ordinance of the City of Barnum, shall be completed with one (1) year of the date of permit issuance. An extension of up to six (6) months may be granted by the Enforcement Officer upon a showing of hardship by the applicant and prior bonafide effort to complete the construction.
Section 3. Use of Basements for Residences. No basement or building constructed wholly or partially below grade shall be occupied as a habitable dwelling unless it is specifically designed as an earth-sheltered, earth-bermed, or Underground dwelling in conformance with applicable state statutes.
a) Exception. The basement of a single family dwelling may be occupied while the dwelling is being constructed, provided construction is completed within the time period(s) specified in Section 2 herein.
Section 4. Exterior of Structures. The exterior of all buildings and accessory structures, including detached garages, shall be maintained in a workmanlike state of maintenance and repair, and shall comply with the following:
a) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco, substantial amounts of peeling paint, or any other condition which might admit rain or dampness-to the interior of the building;
b) All exterior wood surfaces, other than naturally decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other approved protective covering or treatment, which shall be maintained in a neat and attractive manner:
1) unprotected or uncovered building paper shall not be considered an approved protective covering or treatment.
c) Every roof shall be structurally sound, tight, and have no defects which might admit rain or dampness;
d) All doors and windows shall be maintained in good repair, fit reasonably well within their frames, and be free of open breaks or holes.
Section 5. Exterior Property Areas. All exterior property areas and vacant areas shall be landscaped with approved vegetative cover, such as grass, trees, or shrubs, unless designed and used for vehicle or pedestrian parking and circulation, in which case approved surface material shall be applied in accordance with the Zoning Ordinance. Such property areas shall further comply with the following minimum standards:
a) be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage, and free from any hazard or dangerous condition;
b) be graded and maintained to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon-,
c) be kept free from species of weeds or plant growth, rodents, vermin or other pests which are noxious or detrimental to public health.
Section 6. Vacated Structures and Vacant Properties. The owner of any dwelling which is unfit for human habitation, as determined by the Enforcement Officer in good faith, and the owner of any structure which has been vacant for a period of sixty (60) days or more, shall make same safe and secure so that it is not hazardous to the health, safety, and welfare of the public, and does not constitute a public nuisance. Any such structure open at the doors and windows,, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public, and a public nuisance within the meaning of this Ordinance. The owner of vacant lands shall make said lands safe and secure by barricading or fencing the property or the like, or by placing said lands in their natural unimproved condition and removing all dangerous conditions. Upon failure of the owner to comply, the City may have such structure or vacant property made safe and secure, or remove the dangerous condition, and assess the cost to the owner in accordance with the procedures of MN. Statutes 463.15 - 463.261.
Section 7. Enforcement Officer. The City Council of the City of Barnum will appoint the Enforcement Officer, and it is the Enforcement Officer's duty to enforce the provisions of this Ordinance.
Section 8. Inspections. The Enforcement Officer shall be authorized to make or cause to be made inspections to determine the condition of structures and premises and vacant properties in order to safeguard the health, safety, and welfare of the public. The Enforcement Officer, or his designated representative, shall, with the permission of the owner, be authorized to inspect any vacant areas and the exterior areas of any premises, and the interior areas of structures at any reasonable time for the purpose of performing his duties under this Ordinance. If the owner, operator, or person in possession of the structure shall refuse to consent to the inspection, and there is probable cause to believe that a Violation exists on that premises, a search warrant may be obtained.
Section 9. Compliance Order (Citation). Whenever the Enforcement Officer determines that any structure or the premises fail to meet the provisions of this Ordinance, the Enforcement Officer may issue a compliance order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. The compliance order shall:
a) Be in writing;
b) Describe the location and nature of the violations of this Ordinance;
c) Establish a time for the correction of such violation, which shall be at least ten (10) days,
d) Notify of ability to appeal to the City Council;
e) Be served upon the violator, either the owner, occupant, operator, or agent. Such notice shall be deemed to be properly served upon the violator if a copy thereof is:
1) served upon him personally, or
2) sent by registered or certified mail to that person's last known address or to the property address.
Section 10. Designated officers, employees and independent contractors of the City who have discretionary duty to enforce an ordinance or statute, may pursuant to this section, issue citations whenever the officer, employee or independent contractor has probable cause to believe that the person cited has committed a misdemeanor which the officer, employee or independent contractor has a discretionary duty to enforce, and issue a notice to appear and release such person on his or her written promise to appear in court. The officer, employee or independent contractor shall deliver executed citations or 'notices to the City Clerk for filing with the court after review for legal sufficiency.
No officer, employee or independent contractor shall be allowed by his or her superior to exercise the citation authority herein conveyed, unless the officer, employee or independent contractor has been designated by resolution of the City Council to exercise such citation authority as to specified misdemeanor violations.
Section 11. Variance and Appeals. Appeals of interpretation or requests for a variance shall be made in writing to the City Council, and shall be filed with the City Clerk within ten (10) days after receipt of the compliance order. The City Council in its' discretion, may elect to hear appeals or requests for variances when made more that ten (10) days after the receipt of the compliance order, but such action by the City Council is completely discretionary, and shall not delay or prevent criminal prosecution or other enforcement actions, unless the City Council grants the appeal or grants the variance prior to the completion of the enforcement activities. The City Council may grant variances in instances where the strict enforcement of this Ordinance would cause undue hardship because of circumstances unique to the individual property under consideration, when it is demonstrated that such action will be in keeping with the spirit and intent of this Ordinance.
Section 12. Enforcement and Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor. Each day that a violation is allowed to exist shall constitute a separate offense after a reasonable time has been allowed to affect compliance.
Section 13. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication according to law.
Passed and adopted by the Council of the City of Barnum, State of Minnesota., on the 11th day of July 1988.
AYES: (5)NAMELY:Robert Noland
Jim Mehle
Kae Goodwin
Rudy Telker
Dorothy VanDerWerff
NAYS: (0)
MAYOR________(Signed)___________
Robert Norland
CLERK_________(Signed)___________
Faye Hurst
Published in the Star Gazette the 18 day of August, 1988.
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