10.01 - Hazardous Conditions
9 10.01
Chapter 10:
PUBLIC PROTECTION, CRIMES AND OFFENSES
Section 10.01: Hazardous Conditions
Subdivision 1. Preamble
A. Private Property. The Council finds that accumulation on private property of
unlicensed, unregistered or inoperable motor vehicles, household furniture,
furnishings or appliances, or parts or components thereof, or metal, wood,
glass, paper, rubber, concrete, or other material, whether organic or
inorganic, can facilitate the growth or spread of noxious weeds, the nesting
and breeding of rodents, insects, and harmful bacteria, and be a threat of
fire. The Council also finds that unless such accumulation is stored, housed
within a lawfully erected building, or in a container permitted, and the
contents disposed of, under provisions of the City Code, it is a source of filth,
cause of sickness, and an immediate danger to the health, safety and welfare
of persons and property in the City. The Council finds that if such
unauthorized, unwholesome and dangerous accumulation is permitted to
continue to pose such a threat it is a hazardous condition and a nuisance,
must be abated, and that this Section is adopted to protect the residents of
the City and their property and, in addition, to protect the rights of persons
who may be found in violation of its provisions. "Accumulation" as that term
is used in this Subparagraph A, means prohibited items in any number or
amount.
B. Business Premises. The Council finds that accumulation upon premises to
which the public has access or may be exposed of food particles or other
material causing discomfort to patrons, or disrepair of seating, floor covering,
plumbing, heating, or electrical facilities, or failure to maintain a reasonable
standard of cleanliness and absence of noxious odors, can facilitate the
nesting and breeding of rodents, insects, and harmful bacteria and is a
source of filth, cause of sickness, and an immediate danger to the health,
safety and welfare of persons and property in the City. The Council finds that
if such unauthorized, unwholesome and dangerous accumulation is permitted
to continue to pose such a threat it is a hazardous condition and a nuisance,
must be abated, and that this Section is adopted to protect the residents of
the City and their property and, in addition, to protect the rights of persons
who may be harmed in violation of its provisions. "Accumulation" as that
term is used in this Subparagraph B. means prohibited items or conditions in
any number or amount.
Golden Valley City Code
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9 10.01
Subdivision 2. Unlawful Acts
A. It is unlawful to park or store any unlicensed, unregistered or inoperable
motor vehicle, household furniture, furnishings or appliances, or parts or
components thereof, or scrap metal, wood, glass, paper, rubber, concrete, or
other material, whether organic or inorganic, on private property, unless
such accumulation is stored within a lawfully operated junk yard, housed
within a lawfully erected building, or in a container permitted, and the
contents disposed of, under other provisions of the City Code.
B. It is unlawful to permit, on premises to which the public has access or may
be exposed, any accumulation of food particles or other material causing
discomfort to patrons, or disrepair of seating, floor covering, plumbing,
heating or electrical facilities, or failure to maintain a reasonable standard of
cleanliness and absence of noxious odors.
Subdivision 3. Investigation and Notice of Hearing
Upon receipt of any complaint of violation of Subdivision 2 of this Section, or on
their own initiative, the Council shall investigate the premises and if it is found that
there is a hazardous condition and a nuisance on any premises in violation of this
Section, the same shall be reported to the City Manager who shall prepare a Notice
of Hearing on Order to Abate Nuisance addressed to owners, tenants, mortgagees
and other lien holders, all of whose interests are known to the City or appear of
record, and bearing the legal description of the premises on which the alleged
violation appears. The Notice shall state the date, time and place of hearing and
describe the violation in general terms.
Subdivision 4. Service of Notice
A. The Notice shall be served at least twenty (20) days before the date of
hearing in the following manner:
1. If the person to whom it is addressed resides in the City, or can readily be
found therein, it shall be served personally on the addressee or left at the
addressee's residence with a person of suitable age and discretion;
2. Addressees not served personally shall be served by certified mail at their
addresses appearing in records (selected by the City Manager) of
Hennepin County; and,
3. By publication of the Notice once in the official newspaper at least ten
(10) days prior to the date of hearing.
B. Inadvertent failure to serve any addressee personally or by certified mail
shall not invalidate the proceedings, but publication shall then suffice.
Golden Valley City Code
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S 10.01
Subdivision 5. Hearing, Findings and Decision
A. The hearing shall be held before the Council at a regular or special meeting
and conducted in the same manner as an administrative appeal. All persons
desiring to be heard shall be afforded an opportunity to present evidence.
B. At any time after the hearing is closed, but at least at its next regular
meeting, the Council shall decide whether or not the item or items constitute
a nuisance in violation of this Section and direct the drawing and serving of
Findings of Fact and Decision by certified mail on all addresses. If the Council
finds that there is a violation, the decision shall include an Order to Abate
Nuisance and specify the date by which abatement shall be completed.
C. Estimated value, if any, of all offensive items described in Subdivision 2,
Subparagraph A, shall be included in the evidence and in the Findings.
"Value" for the purpose of this Section means the amount of money, in cash,
which can be obtained in a negotiated sale on a known and ready market in
the City.
Subdivision 6. City to Abate
If abatement of the items described in Subdivision 2, Subparagraph A, is not
completed by the date stated in the Order to Abate Nuisance, the City may enter
upon the premises, remove the offending item or items, and clean up the nuisance.
Subdivision 7. City Disposal
If the City abates the nuisance it shall dispose of the items as follows:
A. Any item or items of value shall be sold locally in a negotiated sale.
B. Items of no value shall be disposed of in a landfill or other site acceptable to
governmental regulatory authority.
Subdivision 8. Allocation of Proceeds and Assessment
If the City abates the nuisance all costs thereof, including, but not limited to, cost
of sale, if any, shall be aggregated, sale proceeds deducted, and the remainder
certified as a special assessment.
Subdivision 9. Failure to Abate Nuisance on Business Premises
If the hazardous condition and nuisance described in Subdivision 2, Subparagraph B
of this Section is not abated within the time limited, all present licenses issued by
the City to carryon the business on such premises shall be revoked, and no future
license shall be issued therefore until full abatement has been completed.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code
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