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All refuse and refuse handling equipment (garbage cans, dumpsters, recycling containers, and similar equipment) must be stored within a principal structure, within an accessory building, or in a screened enclosure, except for single- and two- family dwellings, and may not be located within the front yard, as regulated under section 10-19-7 of this code. (Ord. 2004-27, 10-18-2004)
It shall be an offense for any person to allow or permit sidewalks, walkways, stairs, driveways, parking spaces, and similar areas to cause a blighting problem or safety hazard. All sidewalks, walkways, stairs, driveways, parking areas and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. No obstructions of any kind shall be allowed to remain on any sidewalk. (Ord. 2004-27, 10-18-2004)
A. Notice: In general, if any building is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the code official, as appointed pursuant to subsection 9-2-1C of this title, may order the building secured and shall cause notice of the order to be served upon the owner of the premises. Such notice may be served personally or by mail. Service by mail is complete upon mailing a copy of the order to the owner at the last known address. If the owner fails to comply with the order within six (6) days after the order is served, the code official shall cause the building to be boarded up or otherwise properly secured.
B. Emergency: When it is determined by the city manager or his/her designee that an emergency exists with respect to the health or safety of persons in the community, and immediate boarding and securing of a building is required, and where danger will exist to children, transients or others in the absence of an immediate boarding or securing of the building, the designated city official may waive all requirements herein and immediately board or otherwise secure the building, provided that:
1. The conditions showing the existence of an exigency are documented in writing by the city manager or his/her designee.
2. Notice be mailed immediately by the department invoking this section to the address of the owner and taxpayer, and, if recorded on the assessor's rolls, the address of the mortgage holder, of the date of boarding or otherwise securing and the reasons therefor.
C. Boarding Standards:
1. Boarding of a structure shall be required for all doors and windows that are not secured by normal means; however, at least one door at grade level shall be maintained with locks or hinges to permit entry for inspection purposes under subsection C5 of this section.
2. Boards shall be cut to fit door and window openings, and square head or star drive screws at least three inches (3") in length with washers shall be used to fasten boards to a structure.
3. Boards shall be a minimum of five-eighths inch (5/8") thick and painted to match the trim or siding color of the structure, or be painted forest green.
4. Screening or alternate methods of boarding may be permitted when approved by the city of Moorhead code official.
5. The owner of a structure boarded under this section shall be required, upon notification, to provide entry to the structure to the city of Moorhead code official at least once every six (6) months for inspection purposes, or at any time when the structure has been unlawfully entered.
6. The owner of a boarded structure shall notify the city of Moorhead code official in writing no later than ten (10) days after sale of the structure or the unboarding of the property.
D. Maintenance Of Secured Building: After a vacant or unoccupied building has been boarded or otherwise secured under this section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and reoccupied, the code official shall resecure any openings into the building whenever it again becomes open to trespass, without further notice to the owner.
An administrative fee as established by the city's fee schedule and all other costs incurred by the city for boarding or otherwise securing a building under this section, including, but not limited to, the actual costs for boarding, inspecting, posting and monitoring the building, shall be charged as a special assessment against the real estate upon which the structure is located and shall be a lien upon such real estate.
"Owner", for the purposes of this section, shall mean the person who is listed as the contact person on the current rental licensing application on file with the city, if any; or, if none, the person listed as owner by the city assessor on the homestead record; or, if none, the taxpayer as shown by the records of the city assessor. "Owner" shall not include a community development agency organized pursuant to the laws of Minnesota, 1980, chapter 595. (Ord. 2014-18, 9-8-2014)
A. Registration Criteria: The owner of a building shall register the building with the code official within five (5) days after it becomes a vacant or boarded building. In this section a "vacant or boarded building" is one that is:
1. Condemned;
2. Unoccupied and unsecured for five (5) days or more;
3. Secured by means other than those normally used in the design of the building for thirty (30) days or more;
4. Documented as having multiple building standards, fire or building code violations existing for thirty (30) days or more;
5. Unoccupied for a period of time over three hundred sixty five (365) days and during which time an order has been issued to correct a nuisance condition pursuant to title 3, chapter 3 of this code.
B. Registration Forms; Required Information: The registration shall be submitted on forms provided by the code official and shall include the following information supplied by the owner:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lienholders and all other parties with an ownership interest in the building;
4. The period of time the building is expected to remain vacant and a plan and timetable for returning the building to appropriate occupancy or for demolition of the building.
C. Compliance During Vacancy/Boarding Period: The owner shall comply with all applicable laws and codes. The owner shall notify the code official of any changes in information supplied as part of the building registration within thirty (30) days of the change. If the plan or timetable for the building repair or demolition is revised in any way, the revisions must meet the approval of the code official. The code official may require the water to be shut off in a vacant building in order to avoid the possibility of damages from broken water lines, freezing of water lines or vandalism.
D. Long Term Compliance: Boarding of vacant buildings is considered an interim measure. Property owners are expected to restore buildings to minimum property maintenance standards or conduct demolition of substandard structures within six (6) months in residential or mixed use zoning districts, or within twelve (12) months in commercial, industrial, or other zoning districts not specifically referenced herein. Property owner's documentation of substantial progress toward site restoration and specific obstacles impeding timely performance may warrant consideration by the code official of an extension to the compliance time line.
E. Maintenance Of Building Until Action Taken: The owner and the subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed.
F. Failure To Maintain: Failure of the owner or any subsequent owner to maintain the building and premises that results in abatement completed by the city shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by law.
G. New Owner Registration: The new owner(s) shall register or reregister buildings subject to subsection A of this section with the code official within thirty (30) days of any transfer of an ownership interest in a vacant/boarded building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the director of inspections.
H. File Of Written Statements: The code official shall include in the file any property specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building.
I. Vacant/Boarded Building Fees:
1. The owner of a vacant/boarded building shall pay an annual fee as established by the city's fee schedule. The fee is imposed to defray the administrative costs for registering and processing the building registration form and for the costs of the city in monitoring the building site.
2. The first annual fee shall be paid no later than five (5) days after the building becomes vacant or boarded. Subsequent annual fees shall be due on the anniversary date of initial registration. The fees shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.
3. Unpaid fees shall be charged as a special assessment against the real estate upon which the structure is located and shall be a lien upon such real estate. Upon transfer of ownership, the new owner(s) shall be responsible for all unpaid and subsequent annual fees.
J. Owner To Provide Access: A building owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection for the purpose of enforcing and assuring compliance with the provisions of this section. (Ord. 2014-18, 9-8-2014)
A violation of the provisions of this chapter, in addition to being a possible criminal violation, is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. The city may elect to pursue either the administrative offense or the applicable criminal offense, but not both for the same offense. (Ord. 2014-18, 9-8-2014)