Section
General Provisions
92.01 Assessable current services
92.02 Tree diseases
92.03 Junked motor vehicles and the like
Nuisances
92.15 Public nuisance
92.16 Public nuisances affecting health
92.17 Public nuisances affecting morals and decency
92.18 Public nuisances affecting peace and safety
92.19 Duties of city officers
92.20 Abatement
92.21 Recovery of cost
Weeds
92.35 Weeds and the like to be cut, removed, and disposed of
92.36 Enforcement
92.37 Failure to comply
Open Burning
92.50 Definitions
92.51 Prohibited materials
92.52 Permit required for open burning
92.53 Purposes allowed for open burning
92.54 Permit application for open burning; permit fees
92.55 Permit process for open burning
92.56 Permit holder responsibility
92.57 Revocation of open burning permit
92.58 Denial of open burning permit
92.59 Burning ban or air quality alert
92.60 Rules and laws adopted by reference
Noise Control
92.75 Noises prohibited
92.76 Hourly restriction on certain operations
92.77 Enforcement
GENERAL PROVISIONS
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CURRENT SERVICE. Shall mean 1 or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in M.S. §§ 463.15 through 463.26 as they may amended from time to time; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect-infected trees from the public streets or private property; and the operation of a street lighting system.
(B) Snow, ice, dirt and rubbish.
(1) Duty of owners and occupants. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep the walk safe for pedestrians. No owner or occupant shall allow snow, ice, dirt, or rubbish to remain on the walk longer than 24 hours after its deposit thereon. Failure to comply with this section shall constitute a violation.
(2) Removal by city. The City Administrator-Clerk-Treasurer or other person designated by the City Council may cause removal from all public sidewalks all snow, ice, dirt, and rubbish as soon as possible beginning 24 hours after any matter has been deposited thereon or after the snow has ceased to fall. The City Administrator-Clerk-Treasurer or other designated person shall keep a record showing the cost of removal adjacent to each separate lot and parcel.
(C) Public health and safety hazards. When the city removes or eliminates public health or safety hazards from private property under the following provisions of this chapter, the administrative officer responsible for doing the work shall keep a record of the cost of the removal or elimination against each parcel of property affected and annually deliver that information to the City Administrator-Clerk-Treasurer.
(D) Installation and repair of water service lines. Whenever the city installs or repairs water service lines serving private property under Title V of this code, the City Administrator-Clerk-Treasurer shall keep a record of the total cost of the installation or repair against the property.
(E) Repair of sidewalks and alleys.
(1) Duty of owner. The owner of any property within the city abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians. Repairs shall be made in accordance with the standard specifications approved by the City Council and on file in the office of the City Administrator-Clerk-Treasurer.
(2) Inspections; notice. The City Council or its designee shall make inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles. If it is found that any sidewalk or alley abutting on private property is unsafe and in need of repairs, the City Council shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property, ordering the owner to have the sidewalk or alley repaired and made safe within 30 days and stating that if the owner fails to do so, the city will do so and that the expense thereof must be paid by the owner, and if unpaid it will be made a special assessment against the property concerned.
(3) Repair by city. If the sidewalk or alley is not repaired within 30 days after receipt of the notice, the City Administrator-Clerk-Treasurer shall report the facts to the City Council and the City Council shall by resolution order the work done by contract in accordance with law. The City Administrator-Clerk-Treasurer shall keep a record of the total cost of the repair attributable to each lot or parcel of property.
(F) Personal liability. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the City Administrator-Clerk-Treasurer, or other designated official, shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City Administrator-Clerk-Treasurer.
(G) Damage to public property. Any person driving any vehicle, equipment, object, or contrivance upon any street, road, highway, or structure shall be liable for all damages which the surface or structure thereof may sustain as a result of any illegal operation, or driving or moving of the vehicle, equipment, or object or contrivance; or as a result of operating, driving, or moving any vehicle, equipment, object, or contrivance weighing in excess of the maximum weight permitted by statute or this code. When the driver is not the owner of the vehicle, equipment, object, or contrivance, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any damage. Any person who willfully acts or fails to exercise due care and by that act damages any public property shall be liable for the amount thereof, which amount shall be collectable by action or as a lien under M.S. §514.67, as it may be amended from time to time.
(H) Assessment. On or before September 1 of each year, the City Administrator-Clerk-Treasurer shall list the total unpaid charges for each type of current service and charges under this section against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges against property benefitted as a special assessment under the authority of M.S. § 429.101 as it may be amended from time to time 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 10, as the City Council may determine in each case.
(A) Trees constituting nuisance declared. The following are public nuisances whenever they may be found within the city:
(1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any dead elm tree or part thereof, including 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;
(3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum;
(4) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood, or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; or
(5) Any other shade tree with an epidemic disease.
(B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city. The City Council may by resolution order the nuisance abated. Before action is taken on that resolution, the City Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected property owner and published once no less than 1 week prior to the meeting. The notice shall state the time and place of the meeting, the street affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At the hearing or adjournment thereof, the City Council shall hear any property owner with reference to the scope and desirability of the proposed project. The City Council shall thereafter adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
(C) Record of costs. The City Administrator-Clerk-Treasurer shall keep a record of the costs of abatement done under this section for all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each.
(D) Unpaid charges. On or before September 1 of each year, the City Administrator-Clerk-Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by M.S. § 429.101 as it may be amended from time to time and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes.
(A) Definitions. All terms, words, or phrases shall have the meaning given to them by Minnesota state statute.
(B) Restrictions.
(1) Parking or abandonment of junked vehicles or motor vehicles. No person shall park, keep, place, store, or abandon any junk vehicle or motor vehicle or vehicle or motor vehicle not currently registered, on a public street, alley, or parking lot.
(2) Parking and storage of junk vehicles and motor vehicles on private property. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, not currently registered or discarded vehicle or motor vehicle to remain on the property longer than 15 days and no person shall leave any vehicle or motor vehicle on property within the city for a longer time than 15 days, except that this section shall not apply with regard to a vehicle or motor vehicle in a fully enclosed building or authorized junk yard.
(C) Written notice by police to correct violations.
(1) Upon complaint of the existence of any of the above conditions, the Wells Police Department may serve a written notice on the owner, tenant, occupant, lessee, or other person in charge of the property, demanding that the condition be rectified within 3 days for garbage that may be or is emitting a foul or disagreeable odor, and 15 days for all other junk, trash, garbage, junk vehicles, junk motor vehicles.
(2) If the owner or controlling party of private property cannot be contacted or if the owner refuses to clean up property under their control, the city may clean or rectify the condition and bill the owner or persons in control of that property for all costs incurred by the city, including criminal prosecution of violators.
(Ord. 228, passed 11-19-1996; Am. Ord. passed 10-9-2000) Penalty, see § 10.99
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