§ 11.15 EXTERIOR PROPERTY AREAS.
   Subd. 1.   Sanitation. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies or controls in a clean and sanitary condition.
   Subd. 2.    Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon, with the exception of approved retention areas and reservoirs.
   Subd. 3.   Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
   Subd. 4.   Weeds. All premises and public or private exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
      A.   Notification. If any owner, as shown by the records in the office of the County Auditor, or the taxpayer of record as shown by the records of the County Treasurer, fails to assume the primary responsibility described in this subdivision, the city may send notice of violation by mail advising the owner that compliance with Subd. 4. is required within 48 hours of receipt of the notice. The notice shall at a minimum advise the owner of the particular maintenance obligation not being performed, the time period in which the owner must perform the necessary maintenance, and that the failure to do so could result in the city causing the maintenance to be done with the expenses associated therewith becoming an assessment against the property. Upon failure of the owner to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with City Code § 1.03, § 1.13, and § 11.06 of this code.
      B.   Abatement. Upon failure by the owner or agent to comply with the notice of violation within the 48-hour period, the city may cause the work to be done upon expiration of the appropriate period and the expenses thus incurred shall be a lien upon the real estate. The City Administrator shall certify to the County Auditor a statement of the amount of the cost incurred by the city. The amount, together with interest, shall be entered as a special assessment against the lot or parcel of land and be collected in the same manner as real estate taxes. If the owner of the property is unknown, the owner and owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the County Auditor's address.
      C.   Repeat violations. In the event that the city does remove the weeds or grass because of the failure of the owner or tenant to do so, the city shall notify the owner or tenant that the city shall not give any further additional notices to the owner or tenant, but may thereafter remove the weeds or grass after they have grown to a height in excess of six inches or may remove without further notice and charge the owner or tenant back for the removal.
      D.   Exception. Land that is enrolled in a conservation reserve program under 7 C.F.R. § 1410, as those regulations may be amended from time to time, or M.S. § 103F.515, as it may be amended from time to time, land that is subject to a conservation easement created pursuant to M.S. Chapter 84C, as it may be amended from time to time, or property that is zoned "A-O," Agricultural-Open Space, shall be exempt from the weed and grass height restrictions of this subdivision. However, a person owning or occupying any such land shall control or eradicate all noxious weeds on the land at a time and in a manner prescribed by applicable noxious weed control laws.
   Subd. 5.   Insect and rodent infestations. It shall be the responsibility of the owner to control or eliminate any infestation of insects, rodents or other pests in all exterior areas and accessory structures on the premises. Properties in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health.
   Subd. 6.   Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not discharge gasses, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
   Subd. 7.   Accessory structures. All accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair. Wood material, other than decay resistance varieties, must be protected against decay by use of paint or other preservations.
   Subd. 8.   Open pits, basements, and other excavations. No person owning or in control of real estate shall have any pit, basement, well, septic tank, cesspool, swimming pools, or other excavations on the premises open and without protection for the public except drainage ditches or storm water ponds.
      A.   If the excavation is open for 72 hours or less, it shall be protected by use of flares or lights at night and railing or other temporary protection during the day.
      B.   If it shall be permanently installed, it shall be protected with a chain link fence of at least 48 inches high, night and day.
   Subd. 9.   Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
(Ord. 69, Fourth Series, passed 4-6-2021)