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4-3-2: DEFINITIONS:
For the purposes of this chapter, the City Council establishes the following definitions:
BLIGHT OFFICER: Shall be the Chief of Police for the City of Sleepy Eye, any peace officer in the City of Sleepy Eye, or an individual appointed to said position by the City Council.
DESIGNATED ENFORCEMENT AGENCY: Shall be the Sleepy Eye Police Department or City Attorney for the City of Sleepy Eye.
DUMPSTER: Shall mean any portable container (typically open on top), compactors, roll-offs or recycling containers used for the collection or storage of waste, whether from active and ongoing permitted construction projects, house cleans, or other use.
GARBAGE: Shall mean trash including, but not limited to, waste material, discarded matter, wasted or spoiled food, paper, cans, bottles, matter that is wrecked, scattered, or destroyed, or material or matter that is no longer useful.
JUNK: Shall mean worn out or discarded material including, but not limited to, household appliances or parts thereof, tools, discarded building materials, tin cans, broken glass, broken furniture, mattresses, box springs, boxes, crates, cardboard, tires or any other unsightly debris the accumulation of which has an adverse effect upon neighborhood or City property values, health, safety or general welfare.
MOTOR VEHICLE: Shall mean every vehicle which is self-propelled or at some point in time was self-propelled.
OPEN SPACE: Shall mean an area that is visible by surrounding properties or visible by the public from a public right-of-way, including but not limited to a street, alley, or sidewalk.
PROPERTY: Shall mean any property within the City of Sleepy Eye.
RUBBISH AND REFUSE: Shall mean non-garbage solid waste including, but not limited to, barrels, cans, cardboard, glass, paper, plastic, sweepings, clippings, ashes, rags, used or discarded building materials, and pallets.
VERMIN: Shall mean any non-domesticated animal, insect, or organism that is potentially distributive or injurious to the health or comfort of any persons, and includes but is not limited to mice, rats, pigeons, cockroaches, and other potential vectors. (Ord. 140, 2nd Series, 10-10-2017)
4-3-3: GARBAGE:
   A.   No person shall accumulate any garbage, rubbish, offal, refuse, the body of a dead animal, or other litter on any property, whether or not such accumulation is in a proper container for collection.
   B.   No person shall cast, place, sweep, or deposit anywhere within the City any garbage, rubbish, offal, refuse, body of a dead animal, or other litter in any such manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, or other property. (Ord. 140, 2nd Series, 10-10-2017)
4-3-4: BUILDING MAINTENANCE AND APPEARANCE:
   A.   No person shall keep or permit to remain a building, fence, or other structure that conforms with any one of the following conditions:
      1.   Any part of any exterior surface has deterioration, holes, breaks, gaps, loose or rotting boards or timbers.
      2.   Any exterior surface that has had a surface finish such as paint applied is not maintained in order to avoid noticeable deterioration of the finish. Any wall or other exterior surface that has peeling, cracked, chipped or otherwise deteriorated surface finish on more than twenty five percent (25%) of:
         a.   Any one wall or other flat surface; or
         b.   All door and window moldings, eaves, gutters and similar projections on any one side or surface.
      3.   Glass, including windows and exterior light fixtures, are broken or cracked, or screens are torn or separated from moldings.
      4.   Exterior doors and shutters are not hung properly and do not have an operable mechanism to keep them securely shut or in place.
      5.   Cornices, moldings, lintels, sills, bay or dormer windows, and similar projections are not kept in good repair and are not free from cracks and defects that make them hazardous or unsightly.
      6.   Roof surfaces are not tight and have defects that admit water.
      7.   Roof drainage systems are not secured and hung properly.
      8.   Chimneys, antennae, air vents, and other similar projections are not structurally sound and are not in good repair. These projections are not secured properly, where applicable, to an exterior wall or exterior roof.
      9.   Foundations are not structurally sound and are in bad repair. (Ord. 140, 2nd Series, 10-10-2017)
4-3-5: DUMPSTERS:
   A.   A dumpster may be located on a property during the execution of a building permit. A dumpster must be removed within five (5) calendar days of the expiration of a building permit, passage of all final inspections or issuance of a certificate of occupancy, whichever is later.
   B.   No person shall keep a dumpster on a property longer than the time-frame prescribed in this section. This shall not limit a person's ability to keep a dumpster on a property when there are regularly-scheduled weekly pickups for the contents of the dumpster. (Ord. 140, 2nd Series, 10-10-2017)
4-3-6: MOTOR VEHICLES, EQUIPMENT, JUNK:
   A.   No person shall place, park, permit to remain, store or leave upon an open area of a property any motor vehicle that conforms with any one of the following conditions:
      1.   The motor vehicle does not have a valid current motor vehicle license affixed to it.
      2.   The motor vehicle is unusable or inoperable because of lack of, or defects in component parts.
      3.   The motor vehicle is unusable or inoperable because of damage from collision, deterioration, or having been cannibalized.
      4.   The motor vehicle is beyond repair and therefore not intended for future use as motor vehicle.
      5.   The motor vehicle is being retained on the property for possible use of salvageable parts.
   B.   No person shall maintain unsheltered storage of any other vehicles, machinery, implements, equipment, junk or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured.
   C.   The owner or possessor of a motor vehicle or of any other vehicles, machinery, implements, equipment, junk or personal property described in this section shall be responsible to remove the motor vehicle, other vehicle, machinery, implement, equipment, junk or personal property to a duly licensed junk yard or other authorized place of deposit or storage. In the event the owner or possessor cannot be located, then it shall be the responsibility of the owner of the property to remove it from the property.
   D.   This section shall not apply to the owner or occupier of a property that sells fifteen (15) or more vehicles, at said property, in any given calendar year.
   E.   No person shall place, park, permit to remain, or store a motor vehicle on a surface that is dirt or grass-covered. This subsection shall not be applicable during snow emergencies.
   F.   No person shall place, park, permit to remain, or store a motor vehicle in the front setback (front yard) of a property, unless the driveway or parking area is approved by the City Council. (Ord. 140, 2nd Series, 10-10-2017)
4-3-7: VERMIN:
   A.   No person shall create, cause, permit, or fail to remediate or remove any condition on such property that attracts or harbors vermin. No person shall allow or permit any accumulation of material that harbors or attracts vermin.
   B.   No person shall fail to cause such vermin to be removed from the property in a safe and sanitary manner. (Ord. 140, 2nd Series, 10-10-2017)
4-3-8: NOTICE AND ABATEMENT:
   A.   Whenever a person fails to comply with this chapter, the Blight Officer shall order the owner or occupant thereof of a property to remove the same at the owner or occupant's expense within a time not to exceed ten (10) calendar days, which exact time shall be specified in said notice. The Blight Officer, in his sole discretion, may establish the time limit to be less than ten (10) calendar days, but may not establish the time limit to be less than five (5) calendar days. Said notice shall be signed by the Blight Officer, shall be addressed to at least one owner or occupant of the property on which said non-compliance is found, and shall contain a brief description of the non- compliance. Said notice shall contain the address of the property upon which said non-compliance is found, and setting forth that, unless the non-compliance is abated or removed within said time, the Blight Officer will issue a ticket and/or seek a civil court order which may cause the City to abate or remove the non- compliance at the expense of the owner of the property.
   B.   The notice shall be served by a peace officer by delivery of a copy thereof to at least one owner or occupant, who must be of legal age, of such property. If the owner or occupant of the property is unknown or absent with no representative or agent upon whom notice can be served, then the peace officer shall post said notice on the front door of the property or in an otherwise conspicuous place on the property described in the notice.
   C.   After the time specified in the notice has elapsed, the Blight Officer shall investigate to determine if the failure to comply with this chapter has been removed or abated from the property. Additional time may be granted by the Blight Officer, in his/her sole discretion, where extraneous/special circumstances or a bona fide effort to remove or eliminate said non-compliance is in progress. If the non-compliance is not removed or abated from the property within the time specified in the notice and no additional time has been granted, the Blight Officer shall notify the designated enforcement agency for the City and direct that a ticket or a civil summons and complaint to appear in court be issued.
   D.   Any owner or occupier of a property who fails to remove and abate any non-compliance of this chapter after proper notice, shall be liable to the City for all expenses incurred in the removal and abatement of the non-compliance. The City shall have the right to recover all such costs and a lien may be imposed and charged against the property on which the non-compliance was located, and the City Clerk shall at the time of certifying City taxes to the County Auditor, certify the aforesaid costs to the County Auditor, as other taxes are certified. (Ord. 140, 2nd Series, 10-10-2017)
4-3-9: VIOLATIONS:
   A.   No owner or occupier of a property, after notice and after the time allowed in said notice has lapsed, as described in section 4-3-8 of this chapter, shall fail to abate or remove from said property a condition that does not comply with this chapter. Said failure shall constitute a violation of this chapter. Said failure shall constitute a separate violation of this chapter for each notice given pursuant to section 4-3-8 of this chapter.
   B.   A violation under this chapter shall be a misdemeanor. The fine amounts shall be as follows:
      1.   One violation within three (3) years: Two hundred fifty dollars ($250.00).
      2.   Two (2) violations within three (3) years: Five hundred dollars ($500.00).
      3.   Three (3) or more violations within three (3) years: One thousand dollars ($1,000.00).
   C.   Violation of this chapter may involve a civil proceeding under Minnesota Statutes section 463, in the discretion of the Blight Officer and designated enforcement agency for the City. (Ord. 140, 2nd Series, 10-10-2017)